Republic Act No. 9266: Architecture Act of 2004

Republic Act No. 9266: The Architecture Act of 2004

• Provides comprehensive regulation for the registration, licensing, and practice of architecture
• Repeals Republic Act No. 545, as amended, known as "An Act to Regulate the Practice of Architecture in the Philippines"

Article 1: General Provisions

• Short Title: "The Architecture Act of 2004"
• Statement of Policy: recognizes the role of architects in nation-building, and aims to develop competent, virtuous, and globally competitive architects

Definition of Terms

• Architecture: the art, science, or profession of planning, designing, and constructing buildings that considers the environment and principles of utility, strength, and beauty
• Architect: A professionally and academically qualified person, registered and licensed, responsible for advocating fair and sustainable development
• The Architect must also be responsible for the welfare and cultural expression of society’s habitat
• Architect-of-Record: Responsible for the total design of a project and assumes civil liability for signed and sealed plans, specifications, and contract documents
• Architecture-in-Charge of Construction: An architect responsible and liable for the construction supervision of a project
• Consulting Architect: An architect with exceptional expertise or specialization in a branch of architecture
• General Practice of Architecture: Includes planning, designing, structural conceptualization, supervising, and administering building projects
• Scope of Architectural Practice: Professional services for site planning, design, construction, enlargement, conservation, renovation, remodeling, restoration, or alteration of buildings
• Services include design, consultancy pre and post design to construction phases of the project
• Structural Conceptualization: Conceiving, choosing, and developing structural elements of architectural work with consideration to safety, cost, functionality, and aesthetics
• Architectural Firm: A registered sole proprietorship, partnership, or corporation
• Authorship: Refers to the author(s) of the architectural plans/specifications and in charge of their preparation.
• Board: Refers to the Professional Regulatory Board of Architecture
• Commission: Refers to the Professional Regulation Commission
• Service Agreement: A notarized contract stipulating service scope and compensation
• Integrated and Accredited Professional Organization: An official national organization for all Filipino architects
• Continuing Professional Development: A process that maintains/increases the knowledge/ability of architects
• DTI: Department of Trade and Industry
• SEC: Securities and Exchange Commission

Article 2: Professional Regulatory Board of Architecture

• The Professional Regulatory Board of Architecture is created to oversee architecture
• The Board is composed of a chairman and two members
• Appointed by the President of the Philippines from lists of recommendees submitted by the integrated and accredited professional organization of architects.
• The Board of Architecture, shall be organized within six months of the Act's effectivity

Qualifications of Board Members

• Must be a citizen and resident of the Philippines
• Must hold a Bachelor of Science in Architecture degree from a recognized institution
• Must be an architect with a valid Certificate of Registration, Professional Identification Card, and active practice for at least 10 years
• Must not be a faculty member of an architecture school or review institution, or have pecuniary interest in such
• Must not have been convicted of any crime involving moral turpitude

Term of Office for Board Members

• Each member serves a term of three years after the appointment
• A member can be reappointed for one full term only
• A chairman serves for three years; one member for two years; and one member for one year in the first appointed board
• Incumbent board members will continue to serve until a new Board have been properly organized.

Powers and Functions of the Board

• Prescribe and adopt necessary rules and regulations
• Supervise registration, licensure, and practice of architects
• Administer oaths related to the Act's administration
• Issue, suspend, revoke, or reinstate Certificates of Registration and Professional Identification Cards
• Adopt an official seal for the Board
• Monitor conditions affecting architectural practice and adopt measures for high professional standards
• Prescribe/adopt the Code of Ethical Conduct and Standards of Professional Practice
• Hear and decide on administrative cases, issue subpoenas, and secure appearance/production of evidence
• Prescribe CPD guidelines in consultation with the integrated and accredited professional organization
• Prepare, adopt, issue/amend syllabi for examinations, administer/correct exams, and release results
• Approve, issue, limit, or cancel temporary/special permits to practice Architecture
• Ensure architectural education complies with CHED policies and standards
• Adopt a program for full computerization of the licensure examination
• Undertake other duties and functions for the architecture profession and education enhancement
• Board policies, resolutions, rules, and regulations are subject to Commission review

Administrative Matters

• The Professional Regulation Commission provides administrative supervision to the Board
• The Commission is responsible for custody all Board records
• The Commission will designate a secretary and provide support services to implement the Act

Grounds for Suspension or Removal of Board Members

• Neglect of duty or incompetence
• Tolerance of violations of the Act, its rules, or the Code of Ethical Conduct
• Final judgment of crimes involving moral turpitude
• Manipulation of licensure exam results or disclosure of confidential information

Compensation and Allowances

• The chairman and members of the Board shall receive compensation and allowances comparable to that of existing regulatory Boards

Annual Report

• The Board will submit an annual report to the Commission detailing its proceedings and recommendations

Article 3: Examination, Registration, and Licensure

• All applicants must undergo a licensure examination
• The examinations location and dates are designated by the Commission under Republic Act No. 8981

Qualifications for Examination Applicants

• Must be a Filipino citizen or qualified foreign citizen
• Must have a good moral character
• Must hold a Bachelor of Science in Architecture degree from a recognized institution
• Those holding a Master’s Degree is Architecture will be credited with one year of practical experience.
• Must have at least two years of diversified architectural experience duly certified by a registered/licensed architect
• Must not have been convicted of any crime involving moral turpitude

Subjects for Examination

• History and Theory of Architecture
• Principles of Planning and Architectural Practice
• Structural Design
• Building Materials and Architectural Specifications
• Methods of Construction and Utilities
• Urban Design and Architectural Interiors
• Architectural Design and Site Planning

Examination Details

• The Board, with Commission approval, can revise subjects and syllabi to align with technological advancements
• Candidates need a 70% weighted average, with no grade below 50% in any subject, to pass
• The Board must submit ratings to the Commission within 30 calendar days after examination which may only extended with just cause.
• The Board will mail the examination rating of each examinee
• Successful candidates must take an oath before starting practice

Certificate and ID Card Issuance

• Certificates of Registration and Professional Identification Cards are issued upon passing the exam and paying fees
• The certificate and ID Card are signed by the Commission chairperson and the Board members, stamped with the official seal
• The certificate stays effective unless withdrawn, suspended, or revoked

Roster of Architects

• A roster with names and business addresses of all registered architects will be prepared and updated by the Board
• Copies are made available as needed

Seal and its Use

• Licensed architects must affix their seal, name, registration number, and title "Architect" on architectural documents
• Each registrant must obtain a seal of the Board and to be used in all documents
• Illegally stamping documents with an expired or revoked certificate is unlawful
• Government bodies can only accept or approve architectural plans complying with the Act.
• It is unlawful for architects to sign documents that are not of their own doing
• Architect-of-record is held responsible for architectural plans and other documents issued under authorized signature and seal
• Intellectual property is assured to all signed, stamped, or sealed drawings and specifications of the architect
• An architect can deny anyone without consent, from duplicating of the buildings plans

Registration and Professional Tax

• Architects must indicate their Certificate and Professional Identification Card, its date of issuance, and duration of validity on documents.
• This includes the professional tax receipt number.

Grounds for Refusal to Issue Certificates

• False statements/misrepresentation during application
• Conviction of a criminal offense involving moral turpitude
• Engaging in immoral/dishonorable conduct
• Unsound mind

Suspension or Revocation of Certificates

• The Board can suspend/revoke certificates for any grounds under Section 22
• Misrepresentation and violations of the Act can also affect this suspension
• Engaging in unethical or illegal activities can also lead to this revocation

Reissuance of Certificates

• After two years from revocation, the Board can reinstate a Certificate of Registration
• They could also exempt someone from examination, under the Board's discretion

New Certificates

• New Certificates of Registration or Professional Identification Card can be issued replacing lost, destroyed or mutilated ones are issued after fee payment

Article 4: Practice of Architecture

• Practice of architecture, use of the title "Architect," or offering architectural services requires Board certification and compliance with the Act
• Unauthorized practice of architecture: Foreign architects or unauthorized individuals performing architectural activities are deemed engaged in unauthorized practice

Vested Rights and Registered Architects

• Architects registered when Architecture Act was passed are granted with automatic registration
• Certificate of Registration held by registered architects, should be up to date

Reciprocity Requirements

• Foreign citizens applying for examination must prove their country allows Filipino professionals to practice architecture on equal terms

Continuing Professional Development (CPD)

• Practicing architects must maintain continuing professional development
• Accredited professional organizations must develop CPD programs

Prohibitions and Penalties

• Practicing architecture without registration/licensure is prohibited
• This entails a fine and/or imprisonment
• Illegal use of certificates, impersonation, or false advertising: Prohibited
• Violations of the Act result in misdemeanor charges and a fine between P100,000 and P5,000,000 and/or imprisonment of 6 months to 6 years

Penalties for Prohibited Acts

• Any entity forcing an architect to perform services without a written contract is guilty of a misdemeanor and shall pay not less than P200,000 or imprisonment up to 6 years, or both.
• Representatives of non-registered persons face penalties for seeking architectural work without proper qualifications
• Improperly signing architectural plans and violation of document ownership are prohibited
• Only registered/licensed people are authorized to be providing claim with services
• Positions in Government requiring architecture must be filled by licensed people

Limitations and Registration of Firms/Companies

• Practice is limited to individuals, firms and companies can be registered if most of its members were Filipino citizens and are registered as architects
• Registered and licensed architects are required to occupy 75% of the ownership, members, shareholders, among others of the firm

Special/Temporary Permits

• Foreign nationals can get a special/temporary permit given that they are working for a foreign funded and assisted projects
• Foreign architects must secure special permits per Commission approval to practice their fields
• Foreign architects must secure a permit from the Professional Regulation Commission (PRC) and the Department of Labor and Employment (DOLE)

Liability Insurance

• Foreign nationals need to engage with general practice of architecture and secure professional liability insurance/malpractice insurance

Article 5: Final Provisions

• The architecture profession integrates into an accredited national organization registered with the SEC as a non-profit, non-stock corporation
• Registered architects become members upon fee/dues payment

Implementing Rules and Regulations

• The Board should enact and make rules and regulations 60 days after the act takes effect.

Appropriations and Enforcement

• The Professional Regulation Commission Chairperson needs to oversee the implementation of the Commission programs for annual General Appropriations Act
• Duly constituted law enforcement agencies, Secretary of Justice, enforce the Act, render assistance in enforcing the Act and give legal assistance to prosecution of any person/party found as the violator of any of its provisons.
• Any person may enforce of this act to any person, the PRC and its Board.

Clause for Separability and Repealing

• Parts of the Act deemed unconstitutional do not invalidate other parts
• Republic Act No. 545, as amended by Republic Act No. 1581, is repealed, with any conflicting laws, orders, rules, or regulations modified accordingly

Effectivity

• This Act takes effect 15 days following publication in the Official Gazette or two newspapers
• The Architecture Act was made law on March 15, 2004