2004 Implementing Rules and Regulations, Republic Act No. 9266 PDF

Republic of the Philippines Professional Regulation Commission SECTION 2. Statement of Policy. Manila BOARD OF ARCHITECTURE The State recognizes the importan...

Republic of the Philippines Professional Regulation Commission SECTION 2. Statement of Policy. Manila BOARD OF ARCHITECTURE The State recognizes the importance of architects in nation Board Resolution No. ____ building and development. Hence, it shall develop and nurture Series of 2004 competent, virtuous, productive and well-rounded professional architects whose standards of practice and service shall be excellent, qualitative, world-class and globally competitive through inviolable, THE IMPLEMENTING RULES AND REGULATIONS (IRR) honest, effective and credible licensure examinations and through OF REPUBLIC ACT NO. regulatory measures, programs and activities that foster their 9266, AN ACT PROVIDING FOR A MORE RESPONSIVE professional growth and development. AND COMPREHENSIVE REGULATION FOR THE REGISTRATION, LICENSING AND PRACTICE OF This “IRR of the Architecture Act of 2004” shall be ARCHITECTURE, REPEALING FOR THE PURPOSE interpreted, construed, and carried out in the light of the Statement REPUBLIC ACT NO. 545, AS AMENDED, OTHERWISE of Policy found in Section 2 of Republic Act No. 9266, as stated KNOWN AS “AN ACT TO REGULATE THE PRACTICE above. OF ARCHITECTURE IN THE PHILIPPINES,” AND FOR OTHER PURPOSES SECTION 3. Definition of Terms. Pursuant to Section 7 (a), Article II and Section 41, Article V of Republic Act No. 9266, known as “The Architecture Act of 2004”, As used in this “IRR of the Architecture Act of 2004”, in R.A. the Board of Architecture hereby prescribes, adopts, and promulgates No. 9266 or other laws, the following terms shall be defined as the following Rules and Regulations to carry out the provisions follows: thereof. (1) “Architecture” is the art, science or profession of RULE I TITLE, POLICY STATEMENT, DEFINITION OF planning, designing and constructing buildings in their totality TERMS, AND SCOPE OF PRACTICE taking into account their environment, in accordance with the SECTION 1: Title principles of utility, strength and beauty; This Rules and Regulations shall be known as “THE RULES (2) “Architect” means a person professionally and AND REGULATIONS IMPLEMENTING THE PROVISIONS OF academically qualified, registered and licensed under R.A. No. 9266 REPUBLIC ACT NO. 9266”, otherwise known as “THE with a Certificate of Registration and Professional Identification ARCHITECTURE ACT OF 2004”. For brevity, it may be cited as Card issued by the Professional Regulatory Board of Architecture “IRR of the and the Professional Regulation Commission, and who is Architecture Act of 2004”. responsible for advocating the fair and sustainable development, Page 1 of 24 welfare and cultural expression of society’s habitat in terms of space, forms and historical context; (4) “Scope of the Practice of Architecture” encompasses the provision of professional services in connection (a) “Architect-of-record” means the architect with site, physical and planning and the design, construction, registered and licensed under R.A. No. 9266, who is directly and enlargement, conservation, renovation, remodeling, restoration or professionally responsible for the total design of the project for the alteration of a building or group of buildings. Services may include, client and who shall assume the civil liability for the plans, but are not limited to: specifications and contract documents he/she has signed and sealed; (a) planning, architectural designing and structural (b) “Architect-in-charge of construction” means an conceptualization; architect registered and licensed under R.A. No. 9266, who is directly and professionally responsible and liable for the (b) consultation, consultancy, giving oral or written construction supervision of the project; advice and directions, conferences, evaluations, investigations, quality surveys, appraisals and adjustments, architectural and (c) “Consulting Architect” means the architect operational planning, site analysis and other pre-design services; registered and licensed or permitted to practice under R.A. No. 9266, who is professionally and academically qualified and with (c) schematic design, design development, contract exceptional or recognized expertise or specialization in any branch documents and construction phases including professional of architecture; consultancies; (d) preparation of preliminary, technical, economic and (3) “General Practice of Architecture” the act of financial feasibility studies of plans, models and project promotional planning and architectural designing, structural conceptualization, services; specifying, supervising and giving general administration and responsible direction to the erection, enlargement or alterations of (e) preparation of architectural plans, specifications, bill buildings and building environments and architectural design in of materials, cost estimates, general conditions and bidding engineering structures or any part thereof; the scientific, aesthetic documents; and orderly coordination of all the processes which enter into the production of a complete building or structure performed through the (f) construction and project management, giving general medium of unbiased preliminary studies of plans, consultations, management, administration, supervision, coordination and specifications, conferences, evaluations, investigations, contract responsible direction or the planning, architectural designing, documents and oral advice and directions regardless of whether the construction, reconstruction, erection, enlargement or demolition, persons engaged in such practice are residents of the Philippines or renovation, repair, orderly removal, remodeling, alteration, have their principal office or place of business in this country or preservation or restoration of buildings or structures or complex another territory, and regardless of whether such persons are buildings, including all their components, sites and environs, performing one or all these duties, or whether such duties are intended for private or public use; (g) the planning, architectural lay- performed in person or as the directing head of an office or outing and utilization of spaces within and surrounding such organization performing them; buildings or structures, housing design and community architecture, Page 2 of 24 architectural interiors and space planning, architectural detailing, (8) “Board” refers to the Professional Regulatory Board architectural lighting, acoustics, architectural layouting of of Architecture; mechanical, electrical, electronic, sanitary, plumbing, communications and other utility systems, equipment and fixtures; (9) “Commission” means the Professional Regulation Commission; (h) building programming, building administration, construction arbitration and architectural conservation and (10) “Service Agreement” means a duly notarized restoration; written contract or equivalent public instrument stipulating the scope of services and guaranteeing compensation of such (i) all works which relate to the scientific, aesthetic and services to be rendered by an architect registered and licensed under orderly coordination of all works and branches of the work, systems R.A. No. 9266; and processes necessary for the production of a complete building or structure, whether for public or private use, in order to enhance or Violation of the Service Agreement is a basis for a civil liability safeguard life, health and property and the promotion and under Art. 1723 of the Civil Code unless he/she attempts and/or enrichment of the quality of life, the architectural design of succeeds to interfere or contravene the legal and professional engineering structures or any part thereof; and functions of the Architect-of-Record: the Consulting Architect. (j) all other works, projects and activities which require (11) “Integrated and Accredited Professional the professional competence of an architect, including teaching of Organization” means the existing official national organization of architectural subjects and architectural computer-aided design; all architects of the Philippines in which all registered Filipino architects shall be members without prejudice to membership in (5) “Structural Conceptualization” means the act of other voluntary professional associations; conceiving, choosing and developing the type, disposition, arrangement and proportioning of the structural elements of an (12) “Continuing Professional Development” refers to a architectural work giving due consideration to safety, cost- sustaining and progressive learning process that maintains, effectiveness, functionality and aesthetics; enhances, or increases the knowledge and continuing ability of architects; (6) “Architectural Firm” means a sole proprietorship, a partnership or a corporation registered with the DTI AND/OR SEC (13) “DTI” shall mean the Department of Trade and and then with the Board of Architecture and PRC; Industry; (7) “Authorship” refers to the author or authors of a set (14) “SEC” shall mean the Securities and Exchange of architectural plans or specifications who are in charge of their Commission; preparation whether made by them personally or under their immediate supervision; (15) “Association” any formal grouping of two or more architects or architectural firms working in joint venture on a project basis. Page 3 of 24  outs, the architectural layout of equipment, furnishings, furniture and (16) “Architectural Company” means a juridical entity the like, specifications callouts, elevation references, drawing that shall be synonymous with an Architectural Partnership (see references and the like; the architectural plan is the representation of definition of Architectural Partnership) registered with the SEC. a lateral section for a proposed building/ structure (running parallel to the ground) and at a height of from 1.0 – 1.5 meters above the (17) “Architecture Corporation” means a group of finished floor; the term may also collectively refer to other professionals in architecture and allied professions, incorporated architectural designs such as cross/ longitudinal sections, elevations, with Architects for the purpose of delivering professional service in roof plan, reflected ceiling plan; detailed sections and elevations architecture and allied professions; in case an existing Architectural showing architectural interiors, detailed architectural designs, door Corporation does not comply with the 75% composition and window schedules, other architectural finishing schedules and requirement, it shall comply and register again with the SEC and the the like. BOA. (22) “Building” means a structure for the purpose and (18) “Architectural Documents” means an architectural function of habitation and other uses. drawings, specifications, and other outputs of an Architect that only an Architect can sign and seal consisting, among others, of vicinity (23) “Certificate of Registration” means a certificate maps, site development plans, architectural program, perspective bearing a registration number, issued to an individual, by the drawings, architectural floor plans, elevations, sections, ceiling Professional Regulation Commission through the Board of plans, schedules, detailed drawings, technical specifications and cost Architecture, signifying that the individual has successfully passed estimates, and other instruments of service in any form. the Licensure Examination and is registered to practice his/her profession as Architect. (19) “Architectural Interiors” means a detailed planning and design of the indoor/enclosed areas of any proposed (24) “Code of Ethical Conduct” means a document building/structure, including retrofit or renovation work and which which forms part of the Architects’ National Code which contains shall cover all architectural and utility aspects, including the the norms and principles governing the practice of the profession of architectural lay-outing of all building engineering systems found architecture in the highest standards of ethical conduct. therein. (25) “Consulting Architect” a registered and licensed (20) “Architectural Partnership” means a group of two Architect, who is academically and professionally qualified, and or more Architects duly registered with the SEC and then with the with exceptional or recognized expertise or specialization in any Board of Architecture. branch of architecture; the Consulting Architect assumes no civil liability under Art. 1723 of the Civil Code unless he/she attempts (21) “Architectural Plans” means a two (2)-dimensional and/or succeeds to interfere or contravene the legal and professional representations reflecting a proposed development/redevelopment of functions of the Architect-of-Record; the Consulting Architect an enclosed/ semi-enclosed or open area showing features or assumes the normal civil liability under the service agreement he/she elements such as columns, walls, partitions, ceiling, stairs, doors, signs with a Client. windows, floors, roof, room designations, door and window call- Page 4 of 24  (26) “Contract Documents” are the documents attached (30) “Foreign Architect” means an architect who is not a to the agreement identified therein as Contract Documents, including Filipino citizen nor an Architect registered and licensed in the all additions, deletions and modifications incorporated therein. Philippines, but who is duly registered and licensed in his/her home These generally include the following documents: country as an Architect. a) Special Provisions or conditions (31) “Filipino Counterpart” the local Philippine b) General Conditions architect, partnership or corporation that must work in association c) Drawings with a foreign architect, partnership or corporation, on a project on d) Specifications Philippine soil. e) Other Bid Documents (32) “Ownership” shall refer to proprietary rights to an (27) “Copyright (or Copyright Ownership)” shall refer architectural work such as plans, designs and other documents by a to the intellectual proprietary rights retained by an Architect over any person/ juridical entity who commissions the Architect and whose architectural documents/ work that he/she prepares unless there is a ownership of an architectural work by such a person/ juridical entity written stipulation to the contrary, copyright in a work of architecture shall only be confined to the use of the architectural documents for shall include the right to control the erection of any building which executing /implementing the work described therein for one (1) or reproduces the whole or a substantial part of the work either in its the original project; ownership shall not apply to the use of a part of original form or in any form recognizably derived from the original; or of the entire architectural work/architectural documents to however, the copyright in any such work shall not include the right repetitions or to subsequent projects. to control the reconstruction or rehabilitation in the same style as the original of a building to which the copyright relates. (33) “Planning” refers to physical planning at site, community or urban level by an Architect. (28) “CPD Providers” means an entities, agencies, organizations and the like that have been accredited/registered with (34) “Physical Planner” refers to an Architect who the Board of Architecture of the Professional Regulation specializes in the detailed physical planning of land or property on Commission to deliver seminars, lectures, and other continuing which vertical structures such as buildings and/or structures and professional education modules for architects, other than the horizontal developments such as rights-of-way, open spaces and Integrated Accredited Professional Organization of Architects which recreational/ sports/ entertainment/ tourism and related facilities are is automatically accredited by the Board of Architecture as a CPD to be proposed. Provider. (29) “Diversified Architectural Experience” a post- baccalaureate, pre-licensure experience of two (2) years required of a graduate of architecture prior to taking the licensure examination; (35) “Physical Planning” the detailed physical planning consisting of a variation of experiences in the different phases of of land or property on which vertical structures such as buildings, architectural service. monuments and/or structures and horizontal developments such as Page 5 of 24 rights-of-way, open spaces and recreational/ sports/ establishments/ (42) “Syllabi” the outlines embodying topics and tourism and related facilities are to be proposed. concepts of major subjects prescribed in specific course of study to serve as basis for test questions in the licensure examinations. (36) “Professional” refers to a person whose name and registration/professional license number is entered in the (43) “Technology Transfer” refers to contracts or Professional Regulation Commission registry book and arrangements involving the transfer of systematic knowledge for the computerized database as one legally authorized to practice his manufacture of a product, the application of a process, or rendering profession. of a service including management contracts; and the transfer, assignment or licensing of all forms of intellectual property rights. (37) “Professional Identification Card” a document bearing the registration number, date of issuance with an expiry date, (44) “Urban Design” physical and systemic design due for periodic renewal, duly signed by the Chairperson of the PRC undertaken by an Architect on a community and urban plane, more to a registered Architect upon payment of the annual registration fees comprehensive than, and an extension of the architecture of for three (3) years. buildings, spaces between buildings, entourage, utilities and movement systems. (38) “Site Planning” the detailed site development planning of all areas surrounding a building/structure and/or a group (45) Acronyms and Laws: of buildings/structures but only within the property limits of the land on which such buildings/structures are to be erected. (a) ARCHITECTURE ACT OF 2004 – R.A. No. 9266 (39) “Standards of Professional Practice” means a (b) BOA – Board of Architecture document embodied in the Architects National Code, which defines (c) CHED – Commission on Higher Education all aspects of professional service, prescribes minimum basic fees (d) CIAC – Construction Industry Arbitration and establishes the rights and obligations of both the Architect and Commission the client. (e) CPD – Continuing Professional Development (f) DOLE – Department of Labor and (40) “Sole Proprietorship” means an individual Employment Architect practicing and delivering architectural services, duly (g) DTI – Department of Trade and Industry registered with the DTI, BOA and the PRC. (h) IAPOA – Integrated Accredited Professional Organization of Architects (41) “Specialization” an expertise and special knowledge (the same as United Architects of the in the field of architecture acquired by an Architect through formal Philippines, Inc.) education and training or through continuing professional (i) Intellectual Property Code of the Philippines – development and experience, for which the Architect may be R.A. No. 8293 engaged as Consulting Architect. (j) PCAB – Philippine Contractors Accreditation Board Page 6 of 24  (k) PDCB – Philippine Domestic Construction Each Member shall, at the time of his/her appointment, Board possess the following qualifications: (l) PRB – Professional Regulatory Board (the same as BOA for the (a) be a citizen and a resident of the Philippines; profession of architecture) (m) PRC – Professional Regulation Commission (b) be a holder of a degree in Bachelor of Science in (n) PRC Modernization Act of 2000 – R.A. No. Architecture conferred by a school, college or university in the 8981 Philippines or abroad that is recognized and/or accredited by the (o) SEC – Securities and Exchange Commission Commission on Higher Education (CHED); (p) UAP – United Architects of the Philippines, Inc (c) be an architect with a valid Certificate of Registration and Professional Identification Card and active practitioner of architecture for at least ten (10) years on the date of his/her RULE II PROFESSIONAL REGULATORY BOARD OF appointment; ARCHITECTURE: ORGANIZATION, POWERS, AND FUNCTIONS (d) not be a member of the faculty of any school, college, university or review institution where a regular course or review course in architecture is taught, nor have pecuniary interest in such SECTION 4. Creation and Composition of the Professional institution. No former member of the faculty of any school, institute, Regulatory Board university or review center where architecture is taught can become a member of the Board unless he/she had officially resigned from There is hereby created a Professional Regulatory Board of such an institution and has completely stopped teaching, advising or Architecture, hereinafter referred to as the Board, a collegial body reviewing activities for at least five (5) years prior to the nomination; under the supervision and administrative control of the Professional Regulation Commission, hereinafter referred to as the Commission, (e) has never been convicted of any crime involving is composed of a chairman and two (2) members appointed by the moral turpitude; and President of the Philippines from a list of three (3) recommendees chosen from a list of five (5) nominees for each position submitted (f) not be an elective officer of the Integrated and to the Commission by the integrated and the accredited professional Accredited Professional Organization of Architects and other organization of architects. The Board shall be organized not later Professional Organization of Architects. than six (6) months from the effectivity of the Architecture Act of 2004. SECTION 6. Term of Office SECTION 5. Qualifications of Members of the Professional The members of the Board shall hold office for a term of Regulatory Board three (3) years after appointment or until their successors shall have been appointed and duly qualified. Any vacancy occurring within Page 7 of 24 the term of a member shall be filled for the unexpired portion of the the enhancement and maintenance of high professional, ethical and term only. Each member of the Board may be reappointed for one technical standards of the profession; full term of three (3) years. Of the members of the Board first appointed under R.A. No. 9266, one (1) member shall be appointed (g) Prescribe and/or adopt the Code of Ethical Conduct and hold office as chairman for three (3) years, one (1) member for and Standards of Professional Practice; two (2) years, and one (1) member for one (1) year. Each member of the Board shall qualify by taking the proper oath prior to the (h) Hear and decide administrative cases involving performance of their duties: Provided, That the incumbent members violations of R.A. No. 9266, the “IRR of the Architecture Act of of the Board shall continue to serve for the remainder of their term 2004”, the Code of Ethical Conduct and Standards of Professional as members of the herein created Professional Regulatory Board of Practice and for this purpose, to issue subpoena ad testificandum Architecture until a new Board shall have been properly organized: and subpoena duces tecum to secure the appearance of witnesses Provided, Further that the incumbent members of the Board may be and the production of documents in connection therewith; Provided, appointed as members of the First Board. That the decision of the Board shall, unless appealed to the Commission, become final and executory after fifteen (15) days from receipt of notice of judgment or decision. The decision of the SECTION 7. Powers and Functions of the Board Commission may be appealed to the Court of Appeals in accordance with the procedure under the Rules of Court; The Board shall exercise the following specific powers, functions and responsibilities: (i) Prescribe guidelines for the Continuing Professional Development (CPD) program in consultation with the integrated (a) Prescribe and adopt the “IRR of the Architecture Act and accredited professional organization of architects: Provided, of 2004” for carrying out the provisions of R.A. No. 9266; That the attendance to said CPD shall not be a mandatory requirement for the renewal of a professional Identification Card; (b) Supervise the registration, licensure and practice of architects; (j) Prepare, adopt, issue or amend the syllabi of the subjects for examinations in consultation with the academe, (c) Administer oaths in connection with the determine and prepare questions which shall be within the scope of administration of R.A. No. 9266; the syllabi of the subject for examination as well as administer, correct and release the results of the licensure examinations; (d) Issue, suspend, revoke, or reinstate the Certificate of Registration and the Professional (k) Approve, issue, limit or cancel temporary or special Identification Card for the practice of the architecture profession; permit to practice architecture; (e) Adopt an official seal of the Board; (l) In coordination with the CHED, ensure that all higher educational instruction and offerings of architecture comply with the (f) Monitor the conditions affecting the practice of policies, standards and requirements of the course prescribed by the architecture and adopt such measures as may be deemed proper for CHED in the areas of curriculum, faculty, library and facilities; Page 8 of 24 Provided, That, for the orderly implementation of this provision, the The President of the Philippines, upon the recommendation Board and the Commission may enter into a Memorandum of of the Commission, after giving the concerned member an Agreement with the CHED. opportunity to defend himself in a proper administrative investigation to be conducted by the Commission, may suspend or (m) To adopt a program for the full computerization of the remove any member on the following grounds: licensure examination; and (a) Neglect of duty or incompetence; (n) Discharge such other duties and functions as may be deemed necessary for the enhancement of the architecture profession (b) Violation or tolerance of the violation of R.A. No. and the upgrading, development and growth of the architecture 9266, or its implementing rules and regulations or the Code of education. Ethical Conduct and Standards of Professional Practice; The policies, resolutions, rules and regulations, issued or (c) Final judgment of crimes involving moral turpitude; promulgated by the Board shall be subject to review and approval of and the Commission. However, the Board’s decisions, resolutions or orders rendered in administrative cases shall be subject to review (d) Manipulation or rigging of the architecture licensure only if on appeal. examination results, disclosure of secret and confidential information in the examination questions prior to the conduct of the said examination or tampering of grades. SECTION 8. Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support Services The Commission in the conduct of the investigation shall be guided by Sec. 7(s) of R.A. No. 8981. The Board shall be under the administrative supervision of the Commission. All records of the Board, including applications for examination, examination questions, answer sheets, and other SECTION 10. Compensation and Allowances of the Board records and documents pertaining to licensure examination, administrative and other investigative cases conducted by the Board The chairman and members of the Board shall receive shall be under the custody of the Commission. The Commission compensation and allowances comparable to that being received by shall designate the Secretary of the Board and shall provide the the chairman and members of existing regulatory Boards under the secretariat and other support services to implement the provisions of Commission as provided for in the General Appropriations Act. R.A. No. 9266. SECTION 9. Grounds for Suspension or Removal of Members of the Board Page 9 of 24 SECTION 11. Annual Report diversified architectural experience duly certified by a registered/licensed architect: Provided, however, That an The Board shall submit an annual report to the Commission after applicant holding a Master’s Degree in Architecture from a the close of each year giving a detailed account of its proceedings school, college, university or institute recognized by the during the year and making such recommendations as it may deem government shall be credited one (1) year in his/her practical proper. experience; and (d) He/she has not been convicted of any criminal RULE III EXAMINATION, REGISTRATION AND offense involving moral turpitude. LICENSURE The following documents shall be submitted in support of the above requirements: SECTION 12. Examination Required (1) Certificate of Live Birth in National All applicants for registration for the practice of architecture Statistics Office (NSO) Security Paper shall be required to undergo a licensure examination to be given by (2) Marriage Contract in NSO Security Paper for the Board in such places and dates as the Commission may married female applicants designate in accordance with the provisions of Republic Act No. (3) College Diploma with indication therein of 8981. SECTION 13. Qualifications of Applicant for date of graduation and Special Order Number unless it is not Examination required (4) Baccalaureate Transcript of Records with Any person applying for examination shall establish to the indication therein of date of graduation and Special Order satisfaction of the Board that: Number unless it is not required (5) Accomplished Diversified Training (DT (a) He/she is a Filipino citizen or a citizen of a foreign Form 001) country qualified to take the examination as provided for in Sec. (6) Accomplished Diversified Training (DT 27, Art. IV of R.A. No. 9266 as carried out by Sec. 27, Rule IV Form 002) of this “IRR of the Architecture Act of 2004”; (7) Architect-Mentor Affidavit (8) Photocopy of Architect-Mentor’s (b) He/she is of good moral character; valid Professional Identification Card, Professional Tax Receipt and IAPOA number (c) He/she is a holder of the degree of Bachelor of (9) National Bureau of Investigation (NBI) Science in Architecture conferred by a school, college, academy Clearance (10) Other documents the Board may require. or institute duly recognized and/or accredited by the Commission on Higher Education (CHED) and in addition has Fraudulent Applications of Candidate and Mentor – The a specific record of at least two (2) years or equivalent of Board may refuse to renew a professional identification card, or may Page 10 of 24 suspend, or revoke, any certificate of registration obtained by false 3. Analysis of sociocultural and technological trends swearing or any misrepresentations made in applying for which are contributory to the development of contemporary registration or examination and may refuse to renew or grant architecture. registration to any applicant whose application contains such false evidence or information. Part III: Architectural Practice SECTION 14. Subjects for Examination A. Rationale and Description The licensure examination for architects shall cover, but are not limited to, the following subjects: 1. Understanding of the role, legal rights and obligations, and responsibilities of the architect (1) History and Theory of Architecture; Principles of Planning and Architectural Practice 2. Analysis and application of the various statutes, codes, and regulations affecting the practice of architecture in the Part I: History of Architecture Philippines A. Rationale and Description 3. Understanding of the various aspects of the professional practice of architecture, including tools and techniques 1. Analysis of architectural manifestations from the related to production, construction, resource allocation, and project beginning of civilization to contemporary periods of development; management, as well as the efficient conduct of client and business relations for building design and construction projects. 2. Analysis of the influences of environmental, historical, and sociocultural factors and their relevance to the Part IV: Theory and Principles of Planning development of art, buildings, structures, as well as of human settlements. A. Rationale and Description Part II: Theory of Architecture 1. Analysis of the concepts and techniques in the general planning process, regional planning, land use planning, and A. Rationale and Description human settlements planning 1. Understanding of the theories and principles of 2. Understanding of the art and science of site planning design and architectural design process; with emphasis on ecological, socio-psychological, aesthetic, and functional basis of site planning. 2. Analysis of anthropometric, proxemic, and kinesthetic requirements of space in relation to architectural design; (2) Structural Design, Building Materials, and Architectural Specifications, and Methods of Construction and Utilities; Part I: Structural Design Page 11 of 24 A. Rationale and Description 2 Understanding of the art and science of urban design with 1. Understanding of the fundamentals of mechanics, emphasis on ecological, socio-psychological, aesthetic and strength of materials, and theory of structures functional basis of urban design. 2. General design, principles, and analysis of the Part II: Architectural Interiors structural elements of various types of construction materials and A. Rationale and Description systems. 1. Understanding of the theories and principles of Part II: Building Materials and Methods of Construction Architectural Interiors. A. Rationale and Description 2. Analysis of anthropometric, proxemic, and kinesthetic 1. Understanding of the properties of building requirements of space in relation to Architectural Interiors. construction and finishing materials; their application and (4) Architectural Design and Site Planning articulation; systems and methods of specifying and construction; A. Rationale and Objectives 2. Application of the principles of design and 1. Application of logical approach to architectural construction methods of various types of materials used in interiors, urban design and site planning solutions to architectural construction. and planning problems with emphasis on design methodology, Part III: Utilities quantitative and qualitative aspects of space, circulation, and A. Rationale and Description interrelationships of space, structural and form envelopes, and building utilities and facilities. 1. Understanding of the basic practices, principles, general design and installation, and/or construction of utilities 2. Application of skills and ability to visualize required for a building or structure and its premises; architectural design problems and present solutions in appropriate graphical language. 2. Analysis of utility, facility, and equipment requirements in relation to aesthetic, function, and strength of a The Board, subject to the approval of the Commission, may building or structure and its premises. revise or exclude any of the subjects and their syllabi, and add new ones as the need arises to conform to technological changes brought (3) Urban Design and Architectural Interiors about by continuing trends in the profession. Part I: Urban Design SECTION 15. Rating in the Licensure Examination A. Rationale and Description To be qualified as having passed the licensure examination 1 Analysis of the concepts and techniques in the general for architects, a candidate must obtain a weighted general average planning process of the physical and systematic design on a of seventy percent (70%), with no grade lower than fifty percent community and urban plane on a more comprehensive manner. (50%) in any given subject. The Board may adopt its own internal procedures on the implementation of this provision. Page 12 of 24 SECTION 16. Report of Ratings A Professional Identification Card bearing the registration number, date of issuance, expiry date, duly signed by the The Board shall submit to the Commission the ratings chairperson of the Commission, shall likewise be issued to every obtained by each candidate within thirty (30) calendar days after the registrant who has paid the prescribed fee of annual registration for examination, unless extended for just cause. Upon the release of the three (3) years; Provided, That, the reissuance or renewal of the said results of the examination, the Board shall send by mail the rating card shall be subject to payment of the annual registration fees for received by each examinee at his/her given address using the another and every after three (3) years. mailing envelope submitted during the examination: Provided, That, the report of rating may be distributed to the successful examinees during their mass oathtaking as new registered and SECTION 19. Roster of Architects licensed architects. A roster showing the names and place of business including other personal material and relevant data of all registered SECTION 17. Oath professional architects shall be prepared and updated by the Board and copies thereof shall be made available to any party as may be All successful candidates in the examination shall be deemed necessary. required to take an oath of profession before any member of the Board, any government official authorized by the Commission pursuant to Sec. 7(k) of R.A. No. 8981 or any person authorized by SECTION 20. Seal, Issuance and Use of Seal law to administer oaths, prior to entering upon the practice of the profession. A duly licensed architect shall affix the seal prescribed by the Board bearing the registrant’s name, registration number and title “Architect” on all architectural plans, drawings, specifications SECTION 18. Issuance of Certificates of Registration and and all other contract documents prepared by or under his/her direct Professional Identification Card supervision. A certificate of Registration and Professional Identification (1) Each registrant hereunder shall, upon registration, Card shall be issued to examinees who pass the licensure obtain a seal of such design as the Board shall authorize and direct. examination subject to payment of fees prescribed by the Architectural plans and specifications prepared by, or under the Commission. The Certificate of Registration shall bear the signature direct supervision of a registered architect shall be stamped with of the chairperson of the Commission and the chairman and said seal during the life of the registrants certificate, and it shall be members of the Board, stamped with the official seal of the Board unlawful for any one to stamp or seal any documents with said seal and the Commission, indicating that the person named therein is after the certificate of the registrant named thereon has expired or entitled to the practice of the profession with all the privileges has been revoked, unless said certificate shall have been renewed or appurtenant thereto. The said certificate shall remain in full force re-issued. and effect until withdrawn, suspended or revoked in accordance with R.A. No. 9266. (2) No officer or employee of this Republic, chartered cities, provinces and municipalities, now or hereafter charged with Page 13 of 24 the enforcement of laws, ordinances or regulations relating to the The Board shall prescribe the design, size, and contents of the construction or alteration of buildings, shall accept or approve any dry seal to be used in signing and sealing of architectural plans, architectural plans or specifications which have not been prepared drawings, specifications, contract documents and architectural and submitted in full accord with all the provisions of R.A. No. permit prepared by or under his/her direct supervision. 9266; nor shall any payments be approved by any such officer for any work, the plans and specifications for which have not been so prepared and signed and sealed by the author. SECTION 21. Indication of Certificate of Registration/Professional Identification Card and Professional (3) It shall be unlawful for any architect to sign his/her Tax Receipt name, affix his/her seal or use any other method of signature on architectural plans, specifications or other documents made under The architect shall be required to indicate the number of another architect’s supervision, unless the same is made in such his/her Certificate of Registration and Professional Identification manner as to clearly indicate the part or parts of such work actually Card (PIC) with its date of issuance and the duration of validity, performed by the former, and it shall be unlawful for any person, including the professional tax receipt number which the except the architect-of-record, to sign for any branch of work for City/Municipal Treasurer shall issue to the registered architect upon any function of architectural practice, not actually performed by presentation of his/her current PIC, on the documents he/she signs, him/her. The architect-of-record, shall be fully responsible for all uses or issues in connection with the practice of his/her profession. architectural plans, specifications and other documents issued under his/her seal or authorized signature. SECTION 22. Refusal to Issue Certificate of Registration and (4) Drawings and specifications duly signed, stamped or Professional Identification Card sealed, as instruments of service, are the intellectual properties and documents of the architect, whether the object for which they are The Board shall not register and issue a Certificate of made is executed or not. It shall be unlawful for any person, without Registration and Professional Identification Card to any person who the consent of the architect or author of said documents, to duplicate has falsely sworn or misrepresented himself/herself in his/her or to make copies of said documents for use in the repetition of and application for examination or to any person convicted by a court of for other projects or buildings, whether executed partly or in whole. competent jurisdiction of a criminal offense involving moral turpitude or guilty of immoral and dishonorable conduct or to any (5) All architectural plans, designs, specifications, person of unsound mind. In the event of refusal to issue certificate drawings and architectural documents relative to the construction of for any reason, the Board shall give the applicant a written statement a building shall bear the seal and signature only of an architect setting forth the reasons for such action, which statement shall be registered and licensed under R.A. No. 9266 together with his/her incorporated in the record of the Board: Provided, however, That professional identification card number and the date of its registration shall not be refused and a name shall not be removed expiration. from the roster of architects on conviction for a political offense or for an offense which should not, in the opinion of the Board, either Page 14 of 24 from the nature of the offense or from the circumstances of the case, (c) has falsely impersonated a practitioner, or former disqualify a person from practicing under R.A. No. 9266. practitioner of alike or different name or has practiced under an assumed, fictitious or corporate name other than that of the The Board in the written statement shall state the period for registered; or the deferment of the registration if the offense or act committed does not call for indefinite period and/or perpetual deprivation of the (d) has aided or abetted in the practice of architecture chance to register. any person not duly authorized to practice architecture in the Philippines; or SECTION 23. Suspension and Revocation of Certificates of (e) has openly solicited projects by actually undertaking Registration, Professional Identification Card or the architectural services without a valid service agreement Special/Temporary Permit guaranteeing compensation of services to be rendered and/or has actually allowed himself/herself to be exploited by undertaking The Board shall have the power, upon notice and hearing, to architectural services without a valid service agreement, both acts suspend or revoke the validity of a Certificate of being prejudicial to other architects registered and licensed under Registration/Professional Identification Card, or shall cancel a R.A. No. 9266 and inimical to the interests of the profession; or special permit granted under R.A. No. 9266 to an architect, on any ground mentioned under Section 22 hereof for the use of or (f) has violated any provision of R.A. No. 9266, its perpetuation of any fraud or deceit in obtaining a Certificate of implementing rules and regulations, the Code of Ethical Conduct Registration and Professional Identification Card or and Standards of Professional Practice. special/temporary permit; for gross negligence or incompetence; for unprofessional or dishonorable conduct; or for any cause specified The Board shall periodically examine the grounds for the hereunder; Provided, however, That such action of the Board shall revocation of the Certificate of Registration and Professional be subject to appeal to the Commission whose decision shall be final Identification Card and update these as necessary under the if he/she: implementing rules and regulations. (a) has signed and affixed or permitted to be signed or Any person, firm or association, may prepare charges in affixed his name or seal on architectural plans and designs, accordance with the provisions of this section against any specifications, drawings, technical reports, valuation, estimates, or registrant, or the Board may motu proprio investigate and/or other similar documents or work not prepared by him/her or not take cognizance of acts and practices constituting sufficient cause executed under his/her immediate supervision; or for suspension or revocation of the Certificate of Registration by proper resolution or order. Such charges shall be in writing and shall (b) has paid money except the regular fees provided for be sworn to by the person making them and shall be filed with the to secure a Certificate of Registration; or Secretary of the Board. The rules on administrative investigation issued by the Commission shall govern the hearing or investigation of the case, Page 15 of 24 subject to applicable provisions of R.A. No. 9266, R.A. No. 8981, and the Rules of Court. A foreign architect or any person not authorized to practice SECTION 24. Re-issuance or Replacement of Revoked or Lost architecture in the Philippines, who shall stay in the country and Certificates of Registration, Professional Identification Card perform any of the activities mentioned in Sections 3 and 4 of R.A. or Special and Temporary Permit No. 9266, or any other activity analogous thereto, in connection with the construction of any building/structure/edifice or land The Board may, after the expiration of two (2) years from development project, shall be deemed engaged in the unauthorized the date of revocation of a Certificate of Registration, Professional practice of architecture and shall, therefore, be criminally liable Identification Card or special/temporary permit, and upon under R.A. No. 9266 and this “IRR of the Architecture Act of 2004”. application and for reasons deemed proper and sufficient, reinstate the validity of a revoked Certificate of Registration and in so doing may, in its discretion, exempt the applicant from taking another SECTION 26. Vested Rights. Architects Registered When examination. This Law is Passed The Board shall issue a Resolution, subject to approval by All architects registered at the time this law takes effect shall the Commission, in granting a petition for reinstatement to the automatically be registered under the provisions hereof, subject, practice of architecture. however, to the provisions herein set forth as to future requirements. Certificates of Registration and Professional Identification RULE IV PRACTICE OF ARCHITECTURE (SUNDRY Cards held by such persons in good standing shall have the same PROVISIONS) force and effect as though issued after the passage of R.A. No. 9266. SECTION 25. Registration of Architects Required SECTION 27. Reciprocity Requirements No person shall practice architecture in this country, or A person who is not a citizen of the Philippines at the time engage in preparing architectural plans, specifications or he/she applies to take the examination shall not be allowed to take preliminary data for the erection or alteration of any building located the licensure examination unless he/she can prove, in the manner within the boundaries of this country, or use the title “Architect”, or provided by the Rules of Court that, by specific provision of law, display the word “Architect” together with another word, or display the country of which he/she is a citizen, subject or national either or use any title, sign, card, advertisement, or other device to indicate admits citizens of the Philippines to the practice of the same such person practices or offers to practice architecture, or is an profession without restriction or allows them to practice it after architect, unless such person shall have received from the Board a passing an examination on terms of strict and absolute equality with Certificate of Registration and be issued a Professional citizens, subjects or nationals of the country concerned, including Identification Card in the manner hereinafter provided and shall the unconditional recognition of prerequisite degrees/diplomas thereafter comply with the provisions of R.A. No. 9266. Page 16 of 24 issued by the institutions of learning duly recognized for the purpose c. Original or authenticated copy of transcript of by the Government of the Philippines. records or equivalent document of the course for licensure examination issued by the institution of higher learning where A foreign citizen, whether he studied in the Philippines or he studied, duly authorized or accredited by his country/state; not, who desires to take the licensure examination for Architects and through reciprocity shall initiate the establishment of reciprocity between his country/state and the Philippines by d. Other documents which may be required to be presenting/submitting a letter or any document signed and under submitted by the Board. official seal by the appropriate official of his country/state requesting the Chairman of the Board Architecture to allow the foreign applicant to take the licensure examination of the Board that SECTION 28. Continuing Professional Development (CPD) by express provision of the law of his country/state, Filipino citizens shall be allowed to take the licensure examination for Architects and To promote public interest and to safeguard life, health and to register as Architect in his country/state on terms of strict and property, all practicing architects shall maintain a program of absolute equality with the citizens or subjects of said country or state continuing professional development. The integrated and accredited including the unconditional recognition of prerequisite degrees professional organization shall have the responsibility of developing issued by institutions of higher learning duly recognized or a continuing professional development program for architects. established by the Government of the Republic of the Philippines Other entities or organizations may become CPD providers upon attaching/appending thereto an authentic or authenticated official accreditation by the Board. copy of said law officially translated in the English language. A program of Continuing Professional Development (CPD) If the letter/document and the copy of the law submitted by shall be maintained through an overall CPD program for architects the applicant is satisfactorily to the Board, the foreign applicant developed by the United Architects of the Philippines, Inc. Such a shall be allowed to take the licensure examination for Architects by program shall be formulated by the Continuing Professional requiring him to file an application to take the licensure examination Education (CPE) Council for Architects based on the existing and by submitting the following documents that shall accompany guidelines of the Professional Regulation Commission with levels the application: of compliance and proficiency evaluation as a rating factor. Accreditation of CPD/CPE providers by the Board of Architecture a. The original or certified copy of any official shall be based on the said guidelines. document issued by the Bureau of Immigration and Deportation allowing the applicant to enter and reside the Philippines; SECTION 29. Prohibition in the Practice of Architecture and b. Present his passport for examination and for Penal Clause photocopying of pertinent information about the applicant; Any person who shall practice or offer to practice architecture in the Philippines without being registered/licensed and Page 17 of 24 who are not holders of temporary or special permits in accordance with the provisions of R.A. No. 9266, or any person presenting or Any public official who shall order or cause a non-architect attempting to use as his/her own the Certificate of to perform activities which constitute practice of architecture shall Registration/Professional Identification Card or seal of another or be administratively liable and shall be guilty of misdemeanor and temporary or special permit, or any person who shall give any false shall upon conviction be sentenced in accordance with Section 30 or forged evidence of any kind to the Board or to any member of R.A. No. 9266. thereof in obtaining a Certificate of Registration/Professional Identification Card or temporary or Penalties for Violations of Section 7 – sub-paragraph (L) by special permit, or any person who shall falsely impersonate any Heads of Government Agencies or Officers of Private registrant of like or different name, or any person who shall attempt Entities/Institutions as per R.A. No. 8981. to use a revoked or suspended Certificate of Registration/Professional Identification Card or cancelled Any head of a government agency or officer(s) of a private special/temporary permit, or any person who shall use in connection firm/institution who violates Section 7 – sub-paragraph (L) of R.A. with his/her name or otherwise assume, use or advertise any title or No. 8981 shall be punished by imprisonment of not less than six (6) description tending to convey the impression that he/she is an months and one (1) day to not more than six (6) years, or a fine of architect when he/she is not an architect, or any person whether not less than Fifty Thousand Pesos (P50,000.00) to not more than Filipino or foreigner, who knowingly allows the use, adoption, Five Hundred Thousand Pesos (P500,000.00) or both at the implementation of plans, designs or specifications made by any discretion of the court. person, firm, partnership or company not duly licensed to engage in the practice of architecture, or any person who shall violate any of SECTION 30. Prohibition in the Practice of Architecture the provisions of R.A. No. 9266, its implementing rules and regulations, the Code of Ethical Conduct and Standards of Any person or entity, whether public or private, Filipino or Professional Practice, or any policy of the Board and the foreigner, who/which shall entice, compel, coerce, require or Commission, shall be guilty of misdemeanor and charged in court otherwise force an architect registered and licensed under R.A. No. by the Commission and shall, upon conviction be sentenced to a fine 9266 to undertake/perform any service under the general practice of of not less than One hundred thousand pesos (P100,000.00) but not architecture as defined under R.A. No. 9266, without first executing more than Five million pesos (P5,000,000.00) or to suffer a written contract/service agreement, shall be guilty of a imprisonment for a period not less than six (6) months or not misdemeanor and shall, upon conviction be sentenced to a fine of exceeding six (6) years or both, at the discretion of the Court. not less than Two hundred thousand pesos (P200,000.00) or to suffer imprisonment for a period not exceeding six (6) years, or both, at Government employees and employees of private firms or the discretion of the Court. persons/entities who are not registered and licensed architects shall not perform architectural works in the performance of their official SECTION 31. Liability of Representatives of Non-Registered function without the direct supervision of a licensed architect. Such Persons activity shall constitute unauthorized practice of architecture which shall be penalized in accordance with Section 29 of R.A. No. 9266. Page 18 of 24  It shall be unlawful for any person or firm or corporation to construction (AICC) and the Consulting Architect (CA) unless these seek to avoid the provisions of R.A. No. 9266 by having a are under his/her direct employ. This rule shall apply to both representative or employee seek architectural work in their behalf, architects in government as well as architects employed by private unless and until, such persons have duly qualified and duly firms. registered/licensed, otherwise, both those represented and the representative, the employer and the employee shall be deemed For architectural documents prepared by architectural firms, guilty of violation of R.A. No. 9266. Solicitation of architectural the Board of Architecture Registry Number and the SEC or DTI work shall be construed as offering to practice architecture and shall Registry Numbers should be prominently displayed on all be unlawful for any non-registered and unlicensed persons to do so. architectural documents. SEC. 32. Signing and Sealing of Architectural Plans, Specifications, Architectural Permit and Other Contract SECTION 33. Ownership of Plans, Specifications and Other Documents Contract Documents It shall be unlawful for any architect to sign his/her name, affix Drawings and specifications and other contract documents his/her seal, or use any other method of signature on architectural duly signed, stamped or sealed, as instruments of service, are the plans, specifications or other contract documents made under intellectual property and documents of the architect, whether the another architect’s supervision, unless the same is made in such object for which they are made is executed or not. It shall be manner as to clearly indicate the part or parts of such work actually unlawful for any person to duplicate or to make copies of said performed by the former, and shall be unlawful for any person, documents for use in the repetition of and for other projects or except the Architect-of record shall be fully responsible for all buildings, whether executed partly or in whole, without the written architectural plans, specifications, and other documents issued consent of architect or author of said documents. under his/her seal or authorized signature. All architects shall incorporate this provision in all contract The Board shall make all the necessary rules and regulations with documents and other instruments of service. regards to the signing and sealing of drawings, specifications, reports, and other documents. SECTION 34. Non-Registered Person shall not Claim Equivalent Service The authorized signature, official seal, PTR, PRC registration number and the IAPOA membership number and Persons not registered as an architect shall not claim nor Official Receipt (O.R.) number of the Architect-of-record stamped represent either services or work as equivalent to those of a duly on architectural plans, specifications, architectural permit and other qualified registered architect, or that they are qualified for any related contract documents signify his/her assumption of the branch or function of architectural practice, even though no form of mandated fifteen (15) year civil liability under Article 1723 of the the title “Architect” is used. Civil Code. The Architect-of-record should be limited to architectural documents of a project and its liability does not extend to the professional responsibility nor civil liability of the other signing (sealing) professionals Including the Architect-in-charge of Page 19 of 24 SECTION 35. Positions in Government Requiring the Services SECTION 36. Collection of Professional Fees of Registered and Licensed Architects It shall be unlawful for any unregistered person to collect a Within three (3) years from the effectivity of R.A. No. 9266, fee for architectural services except as an employee collecting a fee all existing and proposed positions in the local and national as representative of a Registered Architect. government, whether career, permanent, temporary or contractual and primarily requiring the services of an architect shall be filled SECTION 37. Limitation to the Registration of a Firm, only by registered and licensed architects. Company, Partnership, Corporation or Association In order to provide a safety net intended to ensure that the The practice of architecture is a professional service, legislative intent shall be fully implemented, the following sub-rules admission to which shall be determined upon the basis of individual are so prescribed: personal qualifications. However, a firm, company, partnership, 1. All national and local agencies including corporation or association may be registered or licensed as such for Government Owned and Controlled Corporations (GOCC’s) are the practice of architecture under the following conditions: prohibited to collapse existing plantilla positions for architects for the purpose of recreating the same to non-architect positions. a) Only Filipino citizens properly registered and licensed as architects under R.A. No. 9266 may, among themselves, 2. All existing plantilla positions in the national and or together with allied technical professionals, form and obtain local government whose job description includes the practice of registration as a firm, company, partnership, association or architecture as defined under R.A. 9266, shall be automatically corporation for the practice of architecture; reclassified as Architect positions and shall be accorded the salary pertaining to the latter in accordance with salary standardization b) Registered and licensed architects shall compose at law. least seventy-five percent (75%) of the owners, shareholders, members, incorporators, directors, executive officers, as the case 3. The government architect-of-record shall collect may be; from the concerned national or local agency including Government Owned and Controlled Corporations (GOCC’s) an incentive pay to c) Individual members of such firm, partnership, cover civil liabilities in the equivalent amount of 1.5 % of the association or corporation shall be project cost of every project provided it shall not exceed 50% of his responsible for their individual and collective acts as an entity and annual salary which shall be paid upon full completion of the as provided by law; project. The amount intended for the architect who prepared and signed the drawings and specifications shall be included in the d) Such firm, partnership, association or corporation Program of Work. shall be registered with the Securities and Exchange Commission and the Board. Page 20 of 24  The Board subject to approval by the Commission shall issue (c) That foreign nationals shall be required to work with a certificate of registration to such firm, company, partnership, a Filipino counterpart and shall also be responsible for public corporation or association upon grant of registration. utilities and taxes due to the Philippine government, relative to their participation in, or professional services rendered to the project, in SECTION 38. Coverage of Temporary/Special Permits accordance with the established implementing rules and regulations providing for the procedure for the registration and/or issuance of Foreign nationals who have gained entry in the Philippines temporary/special permits to foreign architects allowed by law to to perform professional services as architects or consultants in practice their profession in the Philippines by the Board of foreign-funded or assisted projects of the government or employed Architecture and the accredited professional organization; and or engaged by Filipino or foreign contractors or private firms, shall, before assuming the duties, functions and responsibilities as (d) Agencies, organizations or individuals whether architects or consultants, secure a special/temporary permit from the public or private, who secure the services of a foreign professional Board subject to approval of the Commission, to practice his/her authorized by law to practice in the Philippines for reasons profession in connection with the project to which he/she was aforementioned, shall be responsible for securing a special permit commissioned: Provided, That a foreign national or foreign firm, from the Professional Regulation Commission (PRC) and the whose name or company name, with the title architect, architectural Department of Labor and Employment (DOLE) pursuant to PRC consultant, design consultant, consultant or designer appears on and DOLE rules. architectural plans, specifications and other related construction documents, for securing building permits, licenses and government The following procedures for the registration and/or issuance authority clearances for actual building project construction in the of temporary/special permits to foreign architects are hereby Philippines and advertisements and billboards for marketing prescribed: purposes, shall be deemed practicing architecture in the Philippines, whether the contract for professional services is consummated in the 1.0 A visa and work permit by appropriate government Philippines or in a foreign country. Provided, further, That the agencies shall be required. following conditions are satisfied as follows: (a) That he/she is a citizen or subject of a country which 2.0 Within thirty (30) calendar days after the specifically permits Filipino professionals to practice his/her commission/appointment date, the commissioning party shall be profession within their territorial limits, on the same basis as the responsible to secure the Temporary/Special Permit from Board subjects or citizens of such foreign state or country; subject to approval by the PRC. DOLE upon compliance with the qualifications required and receipt of a copy of the said (b) That he/she is legally qualified to practice Temporary/Special Permit - shall issue the employment permit. architecture in his/her own country, and that his/her expertise is necessary and advantageous to our country particularly in the 3.0 In the absence of a bilateral agreement, the foreign aspects of technology transfer and specialization; national shall submit documentary proof or evidence allowing Filipino architects to practice the profession in their home country without any limitation. Page 21 of 24  SECTION 40. Integration of the Architecture Profession 4.0 Technology transfer and/or specialization must be identified and substantiated consistent with his expertise. The Architecture profession shall be integrated into one (1) national organization which shall be accredited by the Board, 5.0 A Filipino counterpart shall be the architect-of-record, subject to the approval by the Commission, as the integrated and with his duties, functions and responsibilities duly defined in a accredited professional organization of architects: Provided, covering agreement. however, That such an organization shall be registered with the Securities and Exchange Commission, as a non-profit, non-stock 6.0 Advertisements and billboards for marketing/promotion corporation to be governed by by-laws providing for a democratic purposes shall prominently display the name of the architect-of- election of its officials. An architect duly registered with the Board record. Failure to comply shall be subject to penalties in accordance shall automatically become a member of the integrated and with the rules promulgated by PRC. accredited professional organization of architects and shall receive the benefits and privileges provided for in R.A. 9266 upon payment 7.0 Upon issuance of the temporary/special permit, the of the required fees and dues. Membership in the integrated and foreign national may become member of the United Architects of accredited professional organization of architects shall not be a bar the Philippines, Inc. subject to the rules and procedures of UAP to membership in other associations of architects. membership. Pursuant to Board Resolution No. 3, Series of 2004, the SECTION 39. Liability Insurance of a Person or Entity United Architects of the Philippines, Inc. is the existing integrated Allowed to Practice under a Temporary/Special Permit and accredited professional organization of registered architects, duly accredited by the Board subject to approval by the Commission Foreign nationals, including former Filipinos wanting to and registered with the Securities and Exchange Commission (SEC) engage in the general practice of architecture as defined in Section as a non-profit, non-stock corporation governed by Bylaws 3 (c) of R.A. No. 9266 must secure locally their professional liability providing for a democratic election of its officials insurance or malpractice insurance or their acceptable equivalent in bond form commensurate with the nature and magnitude of their 1.a. An architect duly registered with the PRC shall project involvement and their compensation the implementing rules automatically become a member of the UAP and shall receive the and regulations for such a requirement for practice shall be benefits and privileges provided for and described in its by-laws implemented by the Board in consultation with the integrated and upon payment of required fees and dues. The UAP shall keep an accredited professional organization of architects within six (6) updated official registry of its bonafide members indicating months from the effectivity of R.A. No. 9266. membership and annual dues official receipt number. 1.b. Bona fide members of the UAP practicing the RULE V FINAL PROVISIONS architectural profession shall be required to provide their official IAPOA membership number and receipt number together with their PRC registration number and professional tax receipt (PTR) on Page 22 of 24 official documents prepared by them for purposes of obtaining organization, shall adopt and promulgate such rules and regulations, governmental regulatory permits and licenses. Code of Ethical Conduct and Standards of Professional Practice, to carry out the provisions of R.A. No. 9266 and which shall be 1.c. The functions, duties and responsibilities of the UAP effective fifteen (15) days following their publication in the Official as the IAPOA shall be the following: Gazette or in two (2) major daily newspapers of general circulation. a) Nominations to the vacancy of positions to SECTION 42. Appropriations the BOA; The Chairperson of the Professional Regulation b) Responsibility of preparing a program of Commission shall immediately include in the Commission’s CPD; programs the implementation of R.A. No. 9266, the funding of which shall be included in the annual General Appropriations Act. c) Endorsement of the practice of foreign nationals to be issued temporary/special The amount necessary to carry out the initial implementation permit; of R.A. No. 9266 shall be charged against the current year’s appropriations of the Professional Regulation Commission. d) Recommendation of compliance with Thereafter, such sums as may be necessary for the continued liability insurance under a temporary/special implementation of R.A. No. 9266 shall be included in the permit; succeeding General Appropriations Act (GAA). e) Monitoring compliance and endorsing to/or SECTION 43. Act Not Affecting Other Professionals filing a complaint with the Board and/or Commission for violation of the R.A. No. 9266, this IRR, Code of Ethics, R.A. No. 9266 shall not be construed to affect or prevent the Standards of Professional Practice and other policies of the practice of any other legally recognized profession. Board and of the Commission and with other agencies for violation of other relevant laws, regulations and the like; and SECTION 44. Enforcement of the Act f) Some other functions, duties and responsibility as may be prescribed by the BOA It shall be the primary duty of the Commission and the Board from time to time. to effectively enforce the provisions of R.A. No. 9266 and this “IRR of the Architecture Act of 2004”. All duly constituted law SECTION 41. Implementing Rules and Regulations enforcement agencies and officers of national, provincial, city or municipal government or of any political subdivision thereof, shall, Within sixty (60) days after the effectivity of R.A. No. upon the call or request of the Commission or the Board, render 9266, the Board, subject to the approval of the Commission and in assistance in enforcing the provisions of R.A. No. 9266 and this coordination with integrated and accredited professional Page 23 of 24 “IRR of the Architecture Act of 2004”, and to prosecute any person days following its full and complete publication in the Official violating the provisions of the same. Gazette or in two (2) major newspapers of general circulation. The Secretary of Justice or his duly designated Done in the City of Manila this ________day of representative shall act as legal adviser to the Commission and the _______________ 2004. Board and shall render legal assistance as may be necessary in EUGENE G. GAN carrying out the provisions of R.A. No. 9266 and this “IRR of the Chairman Architecture Act of 2004”. FERNANDO L. SANTOS MIGUEL R. Any person may bring before the Commission, Board or the CALUZA aforementioned officers of the law, cases of illegal practice or Member Member violations of R.A. No. 9266 and this “IRR of the Architecture Act of 2004” committed by any person or party. ATTESTED TO: SECTION 45. Separability Clause CARLOS G