Republic Act No. 9266: Architecture Act of 2004

Republic Act No. 9266: The Architecture Act of 2004

• Provides comprehensive regulations for the registration, licensing, and practice of architecture
• Repeals Republic Act No. 545 (as amended)

General Provisions

• Short Title: Known as "The Architecture Act of 2004"
• The State recognizes the importance of architects in nation building and development.
• The State aims to develop competent, virtuous, and productive architects through licensure and regulation.

Definition of Terms

• "Architecture" includes planning, designing, and constructing buildings based on utility, strength, and beauty.
• "Architect" is a professionally qualified person, registered, licensed, and responsible for advocating sustainable development.
• "Architect-of-record" is responsible for the total design of a project and assumes civil liability for signed plans.
• "Architecture-in-charge of construction" is responsible and liable for construction supervision.
• "Consulting Architect" is an architect with recognized expertise in a branch of architecture.
• "General Practice of Architecture" includes planning, designing, supervising and directing building erection, enlargement, or alterations.
• "Structural Conceptualization" involves conceiving and developing structural elements with consideration to safety, cost-effectiveness, functionality and aesthetics.
• "Architectural Firm" is a registered sole proprietorship, partnership, or corporation.
• "Authorship" refers to the author(s) of architectural plans or specifications.
• "Board" refers to the Professional Regulatory Board of Architecture.
• "Commission" means the Professional Regulation Commission.
• "Service Agreement" is a notarized contract stipulating services and guaranteeing compensation.
• "Integrated and Accredited Professional Organization" is the official national organization for Filipino architects.
• "Continuing Professional Development" refers to maintaining and enhancing the knowledge of architects.
• "DTI" refers to the Department of Trade and Industry.
• "SEC" refers to the Securities and Exchange Commission.

Professional Regulatory Board of Architecture

• A Professional Regulatory Board of Architecture is created under the Professional Regulation Commission.
• The Board consists of a chairman and two members appointed by the President of the Philippines.
• Nominees are chosen from lists submitted by the integrated and accredited professional organization of architects.
• The Board is to 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
• Must be a validly certified and active architect for at least 10 years
• Must not be a faculty member of an architecture school or review institution, nor have a pecuniary interest in such
• Must not have been convicted of a crime involving moral turpitude.

Term of Office for Board Members

• Members hold office for a term of three years.
• Vacancies are filled for the unexpired portion of the term.
• Reappointment is allowed for one full term.
• Initial appointees have staggered terms: three years for the chairman, two years, and one year for the third member

Powers and Functions of the Board

• Prescribes and adopts rules and regulations for the Act's implementation.
• Supervises registration, licensure, and practice.
• Administers oaths.
• Issues, suspends, revokes, or reinstates Certificates of Registration and Professional Identification Cards.
• Adopts an official seal.
• Monitors conditions affecting architectural practice and adopts measures for high standards.
• Prescribes/adopts the Code of Ethical Conduct and Standards of Professional Practice.
• Hears and decides administrative cases and issues subpoenas.
• Prescribes CPD guidelines.
• Prepares syllabi for examinations and administers/corrects licensure exams.
• Approves, issues, limits, or cancels temporary/special permits.
• Ensures compliance of architecture education with CHED policies.
• Adopts a program for computerization of licensure exams.
• Discharges duties for the enhancement of the architecture profession.
• Board policies are subject to review/approval by the Commission.

Administrative Supervision and Support

• The Board operates under the administrative supervision of the Commission
• The Commission is responsible for the custody of records, secretariat, and support services

Grounds for Suspension or Removal of Board Members

• Neglect of duty or incompetence
• Violation of the Act, its rules, or the Code of Ethics
• Conviction of crimes involving moral turpitude
• Manipulation of licensure examination results

Compensation and Allowances

• Board members receive comparable compensation and allowances to those of other regulatory boards

Annual Report

• The Board submits an annual report to the Commission

Examination, Registration, and Licensure

• All architecture applicants must undergo an examination.
• The Board administers the licensure exam.

Qualifications for Examination Applicants

• Must be a Filipino citizen or qualified foreign citizen
• Must be of good moral character
• Must hold a B.S. in Architecture degree with at least two years of diversified architectural experience.
• A Master's Degree in Architecture grants one year of credit for practical experience.
• Must not have been convicted of any crime involving moral turpitude

Subjects for Licensure Examination

• History and Theory of Architecture; Principles of Planning and Architectural Practice
• Structural Design, Building Materials, Architectural Specifications, Construction Methods and Utilities
• Urban Design and Architectural Interiors
• Architectural Design and Site Planning.
• The subjects and their syllabi are subject to revisions by the Board.

Passing Requirements

• Candidates must achieve a weighted general average of 70%.
• No grade can be lower than 50% in any subject.

Report of Ratings

• The Board submits ratings to the Commission within 30 days of the exam.
• Ratings are mailed to examinees.

Oath

• Successful examinees must take an oath before practicing architecture.

Issuance of Certificates and Professional Identification Card

• Certificates and IDs are issued to successful examinees upon fee payment.
• The Certificate bears signatures, seals, stating the person's right to the profession.
• The Professional Identification Card includes a registration number, issue and expiry dates.

Roster of Architects

• The Board prepares and maintains an updated roster of registered architects, available to the public.

Seal, Issuance and Use

• Licensed architects must affix their seal on architectural documents.
• The seal bears the registrant's name, registration number, and title "Architect."
• Unauthorized use of the seal is unlawful.
• Government agencies shall only accept plans prepared in accordance with the Act.
• Architects are prohibited from signing documents not under their supervision.
• Drawings and specifications are the intellectual property of the architect.
• Architectural documents must bear the seal and signature of a registered architect.

Indication of Credentials

• Architects must indicate their Certificate of Registration, ID card, dates, and professional tax receipt number.

Grounds for Refusal of Registration

• False statements or misrepresentation
• Conviction of a crime involving moral turpitude
• Mental unsoundness
• Registration will not be refused due to a political offense.

Suspension and Revocation of Credentials

• The Board can suspend or revoke credentials for specific grounds.
• Signing documents without proper supervision
• Paying money for a Certificate of Registration
• False impersonation
• Aiding unauthorized practice
• Soliciting projects without a valid service agreement
• Violation of any provision of this Act.

Process for Suspension/Revocation

• The Board examines grounds for revocation.
• Charges can be prepared by any person or the Board itself.

Re-issuance of Revoked Credentials

• After two years, the Board may reinstate revoked credentials.

Replacement of Lost Credentials

• New credentials can be re-issued subject to rules and fees.

Practice of Architecture

• Only registered architects can practice architecture or use the title "Architect."
• Unauthorized practice by foreign architects is prohibited.
• Registered architects at the time this law was passed are automatically registered.

Reciprocity Requirements

• Foreigners must meet reciprocity requirements to take the licensure exam.

Continuing Professional Development (CPD)

• Architects must maintain CPD.
• Accredited professional organizations are responsible for CPD Programs.

Prohibitions and Penalties

• Penalties are imposed for unauthorized practice.
• Falsification of documents
• Illegal use of another's credentials
• Misrepresentation

Penalties for Violations

• Fines range from ₱100,000 to ₱5,000,000.
• Imprisonment ranges from six months to six years.

Prohibition of Coercion

• It is illegal to force an architect to perform services without a written contract.

Liability of Representatives

• Representatives seeking architectural work must be duly registered/licensed.

Signing of Documents

• Architects shall only sign documents for work they directly supervised.

Ownership of Documents

• Architectural documents are the intellectual property of the architect.

Claiming Equivalent Service

• Non-registered persons cannot claim to provide equivalent architectural services.

Positions in Government

• Within 3 years, positions in government that require an architect must be filled by registered and licensed architects.

Collection of Fees

• Only registered architects can collect professional fees.

Limitations to Firm Registration

• Architecture firms must meet specific requirements
• Only Filipino citizens can form firms for architectural practice.
• Registered architects must compose at least 75% of the firm's ownership.

Temporary/Special Permits

• Foreign nationals working on specific projects must secure special permits.

Conditions for Foreign Architects

• Must be from a country allowing Filipino architects to practice there
• Must be legally qualified and provide expertise beneficial to the Philippines
• Must work with a Filipino counterpart
• Responsible for utilities and taxes.

Liability Insurance

• Foreign nationals must secure professional liability insurance.

Final Provisions

• The architecture profession will be integrated into one accredited national organization.
• This organization must be registered with the SEC as a non-profit entity.

Implementing Rules

• The Board will adopt implementing rules within 60 days.

Appropriations

• The PRC Chairperson will include Act implementation in the Commission's programs.

Other Professions:

• The Act does not affect other legally recognized professions.

Enforcement

• The Commission and Board are responsible for Act enforcement.

Legal Assistance

• The Secretary of Justice acts as a legal advisor.

Reporting Violations

• Any person can report violations of this Act.

Separability Clause

• If any part of the Act is deemed unconstitutional, the remaining parts remain valid.

Repealing Clause

• Republic Act No. 545 (as amended) and other inconsistent laws are repealed.

Effectivity

• The Act takes effect 15 days after publication in the Official Gazette or newspapers.