RA 9266: The Architecture Act of 2004 (PDF)

R.A. 9266 The Architecture Act of 2004  Authorship + Disclaimer This work is the property of Arch. Pedro Santos Jr. Always check the values given in this document against the original references. For questions or corrections, contact the author at [email protected]. ...

R.A. 9266 The Architecture Act of 2004  Authorship + Disclaimer This work is the property of Arch. Pedro Santos Jr. Always check the values given in this document against the original references. For questions or corrections, contact the author at [email protected]. Creative Commons This presentation is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike4.0 International License. To view a copy of this license, visit http://creativecommons.org/licenses/by-nc-sa/4.0/ INTRO The Architecture Act of 2004 REPEALING CLAUSE ▪ RA 9266 repeals RA 545, otherwise known as "An Act To Regulate The Practice Of Architecture In The Philippines” FULL TITLE OF RA 9266 ▪ An act providing for a more responsive and comprehensive regulation for the registration, licensing and practice of architecture RULE 1 General Provisions SHORT TITLE ▪ The Architecture Act of 2004 STATEMENT OF POLICY ▪ The State recognizes the importance of architects in nation building and development. ▪ Hence, it shall develop and nurture competent, virtuous, productive and well-rounded professional architects whose standards of practice and service shall be excellent, qualitative, world-class and globally competitive STATEMENT OF POLICY ▪ This shall be done through inviolable, honest, effective and credible licensure examinations and through regulatory measures, programs and activities that foster their professional growth and development. Definition of terms Architecture The art, science or profession of planning, designing and constructing buildings in their totality taking into account their environment, in accordance with the principles of utility, strength and beauty Architect A person professionally and academically qualified, registered and licensed under this Act with a Certificate of Registration and Professional Identification Card issued by the PRBOA and the PRC… Architect …and who is responsible for advocating the fair and sustainable development, welfare and cultural expression of society’s habitat in terms of space, forms and historical context Architect-of-record The architect who is directly and professionally responsible for the total design of the project for the client and who shall assume the civil liability for the plans, specs, and contract documents he/she has signed and sealed Architect-in-charge of construction An architect who is directly and professionally responsible and liable for the construction supervision of the project Consulting architect An architect who is professionally and academically qualified and with exceptional or recognized expertise or specialization in any branch of architecture Consulting architect The Consulting Architect assumes no civil liability under Art. 1723 of the Civil Code unless he/she attempts/succeeds to interfere or contravene the legal and professional functions of the Architect- of-Record General practice of architecture The act of planning and architectural designing, structural conceptualization, specifying, supervising and giving administration/direction to the erection, enlargement or alterations of buildings General practice of architecture The scientific, aesthetic and orderly coordination of all the processes which enter into the production of a complete building Structural conceptualization The act of conceiving, choosing and developing the type, disposition, arrangement and proportioning of the structural elements of an architectural work, giving due consideration to safety, cost-effectiveness, functionality and aesthetics Architectural firm A sole proprietorship, a partnership or a corporation registered with the proper government agencies Board The Professional Regulatory Board of Architecture Commission Professional Regulation Commission Service agreement A duly notarized written contract stipulating the scope of services and guaranteeing compensation of such services to be rendered by an architect IAPOA Integrated and Accredited Professional Organization. The existing official national organization of all architects of the Philippines in which all registered Filipino architects shall be members without prejudice to membership in other voluntary professional associations CPD Stands for “Continuing Professional Development,” a sustaining and progressive learning process that maintains, enhances, or increases the knowledge and continuing ability of architects DTI Department of Trade and Industry SEC Securities and Exchange Commission Association Any formal grouping of two or more architects or architectural firms working in joint venture on a project basis Architectural company Synonymous to Architectural Partnership Architecture corporation A group of professionals in architecture and allied professions, incorporated with Architects for the purpose of delivering professional service in architecture and allied professions In case an existing Architectural Corporation does not comply with the 75% composition requirement, it shall comply and register again with the SEC and the BOA. Architectural documents Architectural drawings, specifications, and other outputs of an Architect that only an Architect can sign and seal Architectural documents Consists, among others, of vicinity maps, site development plans, architectural program, perspective drawings, architectural floor plans, elevations, sections, ceiling plans, schedules, detailed drawings, technical specifications and cost estimates, and other instruments of service in any form. Architectural interiors A detailed planning and design of the indoor areas of any proposed building, including retrofit or renovation work and which shall cover all architectural and utility aspects, including the architectural lay-outing of all building engineering systems found therein Architectural partnership A group of two or more Architects duly registered with the SEC and then with the Board of Architecture. Architectural plans 2D representations reflecting a proposed development showing elements such as columns, walls, partitions, ceiling, stairs, doors, windows, floors, roof, room designations, door and window call-outs, etc. Architectural plans The architectural plan is the representation of a lateral section for a proposed building (running parallel to the ground) and at a height of from 1– 1.5 meters above the finished floor. Architectural plans The term may also collectively refer to other architectural designs such as sections, elevations, roof plan, RCP, door and window schedules, and the like. Certificate of Registration A certificate bearing a registration number, issued by the PRC through the PRBOA, signifying that the individual has successfully passed the licensure examination and is registered to practice his/her profession as Architect Code of Ethical Conduct A document which contains the norms and principles governing the practice of the profession of architecture in the highest standards of ethical conduct Contract documents ▪ General conditions ▪ Special provisions or conditions ▪ Drawings ▪ Specifications ▪ Other bid documents Copyright The intellectual property rights retained by an Architect over any architectural documents/work that he/she prepares unless there is a written stipulation to the contrary Copyright Copyright in a work of architecture shall include the right to control the erection of any building which reproduces the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original Copyright However, the copyright in any such work shall not include the right to control the reconstruction or rehabilitation in the same style as the original of a building to which the copyright relates. CPD providers Entities, agencies, organizations other than the IAPOA that have been accredited by the PRBOA to deliver seminars, lectures, and other continuing professional education modules for architects Diversified architectural experience A post-baccalaureate, pre-licensure experience of two years required of a graduate of architecture prior to taking the licensure examination. Foreign architect An architect who is not a Filipino citizen nor an Architect registered and licensed in the Philippines, but who is duly registered and licensed in his/her home country as an Architect. Filipino counterpart The local Philippine architect, partnership or corporation that must work in association with a foreign architect, partnership or corporation, on a project on Philippine soil. Ownership The proprietary rights to an architectural work by a person who commissions the Architect. Ownership of an architectural work shall only be confined to the use of the architectural documents for executing the work for one or the original project. Ownership Ownership shall not apply to the use of the architectural documents for repetitions or subsequent projects. Professional A person whose name, registration, and professional license number is entered in the PRC registry book and computerized database as one legally authorized to practice his profession. Professional identification card A document bearing the registration number, date of issuance with an expiry date, due for periodic renewal, issued to a registered Architect upon payment of the annual registration fees for three (3) years SPP “Standards of Professional Practice” refers to documents which define all aspects of professional service, prescribes minimum basic fees and establishes the rights and obligations of both the Architect and the client. Sole proprietorship An individual architect practicing and delivering architectural services, duly registered with the DTI, PRBOA and the PRC Specialization An expertise and special knowledge in the field of architecture acquired through formal education and training or through continuing professional development and experience, for which the Architect may be engaged as Consulting Architect. Syllabi The outline of topics and concepts of major subjects to serve as basis for test questions in the licensure examinations Technology transfer The transfer of systematic knowledge for the manufacture of a product, the application of a process, or the rendering of a service and the transfer, assignment or licensing of all forms of intellectual property rights Acronyms and laws RA 9266 Architecture Act of 2004 BOA or PRBOA Board of Architecture or Professional Regulatory Board of Architecture CPD Continuing Professional Development DOLE Department of Labor and Employment DTI Department of Trade and Industry IAPOA Integrated Accredited Professional Organization of Architects (the same as United Architects of the Philippines, Inc.) PRC Professional Regulation Commission RLA Registered and licensed architect UAP United Architects of the Philippines, Inc. RULE 2 The PRBOA CREATION OF THE BOARD ▪ RA 9266 provides for the creation of the Professional Regulatory Board of Architecture (PRBOA) ▪ The Board is a collegial body under the supervision and administrative control of the Professional Regulation Commission (PRC) BOARD COMPOSITION ▪ The board shall be composed of: One chairman Two members ▪ They shall be appointed by the President of the Philippines from a list of three (3) recommendees chosen from a list of five (5) nominees for each position submitted to the PRC by the IAPOA. CURRENT PRBOA ▪ Chairman: Robert S. Sac ▪ Member: Robert M. Mirafuente ▪ Member: Fidel Jose R. Siapno PRBOA QUALIFICATIONS ▪ Each member of the Board shall possess the following qualifications at the time of appointment: A citizen and resident of the Philippines BS Architecture degree Certificate of Registration and Professional Identification Card 10 years of active practice on date of appointment PRBOA QUALIFICATIONS Not 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 institution If a former teacher, must have officially resigned and has completely stopped teaching, advising or reviewing activities for at least five years prior to the nomination PRBOA QUALIFICATIONS Has never been convicted of any crime involving moral turpitude Not an elective officer of the IAPOA and other professional organization of architects “Moral turpitude” Conduct that is considered contrary to community standards of justice, honesty or good morals. TERM OF OFFICE ▪ The members of the Board shall hold office for a term of three years after appointment or until their successors shall have been appointed and duly qualified. ▪ Any vacancy occurring within the term of a member shall be filled for the unexpired portion of the term only. TERM OF OFFICE ▪ Each member of the Board may be reappointed for one full term only ▪ Of the members of the Board first appointed under RA 9266: One member shall be appointed and hold office as chairman for three years, One member for two years One member for one year Powers and functions of the Board POWERS AND FUNCTIONS ▪ Prescribe and adopt the IRR for RA 9266 ▪ Supervise the registration, licensure and practice of architects ▪ Administer oaths in connection with the administration of RA 9266 POWERS AND FUNCTIONS ▪ Issue, suspend, revoke, or reinstate the Certificate of Registration and the Professional ID ▪ Adopt an official seal of the PRBOA ▪ Monitor the conditions affecting the practice of architecture and adopt measures for the enhancement and maintenance of the standards of the profession POWERS AND FUNCTIONS ▪ Prescribe and adopt the Code of Ethical Conduct and Standards of Professional Practice; ▪ Hear and decide administrative cases involving violations of RA 9266, the Code of Ethical Conduct, and Standards of Professional Practice POWERS AND FUNCTIONS ▪ Prescribe guidelines for the Continuing Professional Development (CPD) program in consultation with the IAPOA Note: The attendance to said CPD shall not be a mandatory requirement for the renewal of a Professional ID POWERS AND FUNCTIONS ▪ Prepare, adopt, issue or amend the syllabi of the subjects for examinations in consultation with the academe ▪ Determine and prepare questions as well as administer, correct and release the results of the licensure examinations POWERS AND FUNCTIONS ▪ Approve, issue, limit or cancel temporary or special permit to practice architecture POWERS AND FUNCTIONS ▪ In coordination with the CHED, ensure that all higher educational instruction comply with the policies, standards and requirements of the course prescribed by the CHED in the areas of curriculum, faculty, library and facilities POWERS AND FUNCTIONS ▪ To adopt a program for the full computerization of the licensure examination  Administrative supervision of the Board ADMINISTRATIVE SUPERVISION ▪ The Board shall be under the administrative supervision of the PRC ▪ All records of the Board, including applications for examination, examination questions, answer sheets, and other records and documents pertaining to licensure examination, administrative and other investigative cases conducted by the Board shall be under the custody of the PRC ADMINISTRATIVE SUPERVISION ▪ The PRC shall designate the Secretary of the Board and shall provide the secretariat and other support services to implement the provisions of RA 9266.  Grounds for suspension of PRBOA members SUSPENSION/REMOVAL ▪ The President of the Philippines, upon the recommendation of the PRC and after giving the concerned member an opportunity to defend himself in a proper administrative investigation, may suspend or remove any member on the following grounds: SUSPENSION/REMOVAL ▪ Neglect of duty or incompetence ▪ Violation or tolerance of violations of RA 9266, or its IRR or the Code of Ethical Conduct and Standards of Professional Practice ▪ Final judgment of crimes involving moral turpitude SUSPENSION/REMOVAL ▪ Manipulation or rigging of the architecture licensure examination results, disclosure of secret and confidential information in the examination questions prior to the conduct of the said examination or tampering of grades RULE 3 Examination, registration, licensure Examination required EXAMINATION REQUIRED ▪ All applicants for registration for the practice of architecture shall be required to undergo the licensure examination Qualifications for exam applicants QUALIFICATIONS ▪ A Filipino citizen or a citizen of a foreign country qualified to take the examination as provided for in this IRR ▪ Of good moral character ▪ A holder of the degree of BS Architecture conferred by a school, college, academy or institute duly recognized by CHED QUALIFICATIONS ▪ Two years of diversified architectural experience duly certified by an RLA Note: An applicant holding a Master’s Degree in Architecture shall be credited with one (1) year QUALIFICATIONS ▪ Never been convicted of any criminal offense involving moral turpitude REQUIRED DOCUMENTS ▪ NSO Birth Certificate ▪ NSO Marriage Contract for married female applicants ▪ College Diploma with indication of date of graduation ▪ Transcript of Records with indication of date of graduation REQUIRED DOCUMENTS ▪ Accomplished Diversified Training Forms (DT Form 001 and 002) ▪ Architect-Mentor Affidavit ▪ Photocopy of Architect-Mentor’s valid Professional Identification Card, Professional Tax Receipt (PTR) and IAPOA number REQUIRED DOCUMENTS ▪ NBI clearance ▪ Other documents that the Board may require FRAUD IN APPLICATIONS ▪ The Board may refuse to renew, may suspend/revoke any certificate of registration obtained by false swearing or any misrepresentations made in applying for registration or examination Subjects for examination HISTORY OF ARCHITECTURE ▪ Analysis of architectural manifestations from the beginning of civilization to contemporary periods of development; ▪ Analysis of the influences of environmental, historical, and sociocultural factors and their relevance to the development of art, buildings, structures, as well as of human settlements. THEORY OF ARCHITECTURE ▪ Understanding of the theories and principles of design and architectural design process; ▪ Analysis of anthropometric, proxemic, and kinesthetic requirements of space in relation to architectural design; ▪ Analysis of sociocultural and technological trends which are contributory to the development of contemporary architecture. ARCHITECTURAL PRACTICE ▪ Understanding of the role, legal rights and obligations, and responsibilities of the architect ▪ Analysis and application of the various statutes, codes, and regulations affecting the practice of architecture in the Philippines ARCHITECTURAL PRACTICE ▪ Understanding of the various aspects of the professional practice of architecture, including tools and techniques related to production, construction, resource allocation, and project management, as well as the efficient conduct of client and business relations for building design and construction projects. THEORY/PRINCIPLES OF PLANNING ▪ Analysis of the concepts and techniques in the general planning process, regional planning, land use planning, and human settlements planning ▪ Understanding of the art and science of site planning with emphasis on ecological, socio- psychological, aesthetic, and functional basis of site planning. STRUCTURAL DESIGN ▪ Understanding of the fundamentals of mechanics, strength of materials, and theory of structures ▪ General design, principles, and analysis of the structural elements of various types of construction materials and systems. MATERIALS/CONSTRUCTION ▪ Understanding of the properties of building construction and finishing materials; their application and articulation; systems and methods of specifying and construction; ▪ Application of the principles of design and construction methods of various types of materials used in construction. UTILITIES ▪ Understanding of the basic practices, principles, general design and installation, and/or construction of utilities required for a building or structure and its premises; ▪ Analysis of utility, facility, and equipment requirements in relation to aesthetic, function, and strength of a building or structure and its premises. URBAN DESIGN ▪ Analysis of the concepts and techniques in the general planning process of the physical and systematic design on a community and urban plane on a more comprehensive manner. ▪ Understanding of the art and science of urban design with emphasis on ecological, socio- psychological, aesthetic and functional basis of urban design. ARCHITECTURAL INTERIORS ▪ Understanding of the theories and principles of Architectural Interiors. ▪ Analysis of anthropometric, proxemic, and kinesthetic requirements of space in relation to Architectural Interiors. DESIGN / SITE PLANNING ▪ Application of logical approach to architectural interiors, urban design and site planning solutions to architectural and planning problems with emphasis on design methodology, quantitative and qualitative aspects of space, circulation, and interrelationships of space, structural and form envelopes, and building utilities and facilities. DESIGN / SITE PLANNING ▪ Application of skills and ability to visualize architectural design problems and present solutions in appropriate graphical language. REVISIONS TO THE SYLLABUS ▪ The PRBOA, subject to the approval of the PRC, may revise or exclude any of the subjects and their syllabi, and add new ones as the need arises to conform to technological changes brought about by continuing trends in the profession. Rating in the examination RATING IN THE EXAMS ▪ To be qualified as having passed the licensure examination for architects, a candidate must obtain: A weighted general average of seventy percent (70%) No grade lower than fifty percent (50%) in any given subject Report of ratings REPORT OF RATINGS ▪ The Board shall submit to the Commission the ratings obtained by each candidate within thirty (30) calendar days after the examination, unless extended for just cause. REPORT OF RATINGS ▪ Upon the release of the results of the examination, the Board shall send by mail the rating received by each examinee at his/her given address using the mailing envelope submitted during the examination. Note: The report of rating may be distributed to the successful examinees during their mass oath taking as new registered and licensed architects. Oath OATH ▪ All successful candidates in the examination shall be required to take an oath of profession prior to entering upon the practice of the profession. Issuance of certificates of registration and ID ISSUANCE ▪ A Certificate of Registration and Professional Identification Card shall be issued to examinees who pass the licensure examination CERTIFICATE OF REGISTRATION ▪ The Certificate shall remain in full force and effect until withdrawn, suspended or revoked. PROFESSIONAL ID ▪ The Professional Identification Card shall likewise be issued to every registrant who has paid the prescribed fee of annual registration for three (3) years ▪ The renewal of the said card shall be subject to payment of the annual registration fees for another and every after three (3) years Roster of architects ROSTER OF ARCHITECTS ▪ A roster showing the names and place of business including other personal material and relevant data of all registered professional architects shall be prepared and updated by the Board and copies thereof shall be made available to any party as may be deemed necessary. Seal, issuance and use of seal SEAL, ISSUANCE AND USE OF SEAL ▪ 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 and all other contract documents prepared by or under his/her direct supervision SEAL, ISSUANCE AND USE OF SEAL ▪ Each registrant hereunder shall, upon registration, obtain a seal of such design as the Board shall authorize and direct SEAL, ISSUANCE AND USE OF SEAL ▪ It shall be unlawful for any one whose certificate of registration has been revoked to stamp or seal any documents SEAL, ISSUANCE AND USE OF SEAL ▪ No officer or employee of this Republic, chartered cities, provinces and municipalities shall accept or approve any architectural plans or specifications which have not been prepared and submitted in full accord with all the provisions of RA 9266 SEAL, ISSUANCE AND USE OF SEAL ▪ It shall be unlawful for any architect to sign his/her name, affix his/her seal or use any other method of signature on architectural plans, specifications or other documents made under another architect’s supervision, unless the same is made in such manner as to clearly indicate the part or parts of such work actually performed by the former SEAL, ISSUANCE AND USE OF SEAL ▪ Drawings and specifications duly signed, stamped or sealed, as instruments of service, are the intellectual properties and documents of the architect, whether the object for which they are made is executed or not. It shall be unlawful for any person, without the consent of the architect, to duplicate or to make copies of said documents for use in the repetition of and for other projects or buildings, whether executed partly or in whole SEAL, ISSUANCE AND USE OF SEAL ▪ All architectural plans, designs, specifications, drawings and architectural documents relative to the construction of a building shall bear the seal and signature only of an architect registered and licensed under RA 9266 together with his/her professional identification card number and the date of its expiration SEAL, ISSUANCE AND USE OF SEAL ▪ The Board shall prescribe the design, size, and contents of the dry seal to be used in signing and sealing of architectural plans  Indication of certificate of registration, PRC ID, PTR INDICATION OF CERTIFICATE OF REGISTRATION, PRC ID, PTR ▪ The architect shall be required to indicate the number of his/her Certificate of Registration and Professional Identification Card with its date of issuance and the duration of validity, including the professional tax receipt number on the documents he/she signs, uses or issues in connection with the practice of his/her profession  Refusal to issue certificate of registration NON-ISSUANCE OF CERTIFICATE ▪ The Board shall not register and issue a Certificate of Registration and Professional Identification Card to any person who: Has falsely sworn or misrepresented himself/herself in his/her application for examination Is convicted by a court of competent jurisdiction of a criminal offense involving moral turpitude or guilty of immoral and dishonorable conduct Is of unsound mind NON-ISSUANCE OF CERTIFICATE ▪ In the event of refusal to issue certificate for any reason, the Board shall give the applicant a written statement setting forth the reasons for such action, which statement shall be incorporated in the record of the Board NON-ISSUANCE OF CERTIFICATE ▪ However, registration shall not be refused and a name shall not be removed from the roster of architects on conviction for a political offense or for an offense which should not, in the opinion of the Board disqualify a person from practicing under RA 9266. NON-ISSUANCE OF CERTIFICATE ▪ The Board in the written statement shall state the period for the deferment of the registration if the offense or act committed does not call for indefinite period and/or perpetual deprivation of the chance to register. Suspension and revocation SUSPENSION AND REVOCATION ▪ The Board shall have the power, upon notice and hearing, to suspend or revoke the validity of a Certificate of Registration/Professional Identification Card: for the use of or perpetuation of any fraud or deceit in obtaining a Certificate of Registration and Professional Identification Card for gross negligence or incompetence for unprofessional or dishonorable conduct SUSPENSION AND REVOCATION ▪ Such action of the Board shall be subject to appeal to the PRC whose decision shall be final if he/she: Has signed and affixed or permitted to be signed or affixed his name or seal on architectural plans not prepared by him/her or not executed under his/her immediate supervision; SUSPENSION AND REVOCATION Has paid money except the regular fees provided for to secure a Certificate of Registration; or Has falsely impersonated a practitioner, or former practitioner or has practiced under an assumed, fictitious or corporate name other than that of the registered; or has aided or abetted in the practice of architecture of any person not duly authorized to practice architecture in the Philippines; or SUSPENSION AND REVOCATION Has openly solicited projects by undertaking architectural services without a valid service agreement and has allowed himself/herself to be exploited by undertaking architectural services without a valid service agreement, both acts being prejudicial to other architects SUSPENSION AND REVOCATION Has violated any provision of RA 9266, its implementing rules and regulations, the Code of Ethical Conduct and Standards of Professional Practice SUSPENSION AND REVOCATION ▪ Any person, firm or association, may prepare charges in accordance with the provisions of this section against any registrant ▪ Such charges shall be in writing and shall be sworn to by the person making them and shall be filed with the Secretary of the Board  Reissuance of revoked/lost certificates REISSUANCE / REPLACEMENT ▪ The Board may, after the expiration of two (2) years from the date of revocation, reinstate the validity of a revoked Certificate of Registration and in so doing may, in its discretion, exempt the applicant from taking another examination RULE 4 Practice of Architecture (Sundry Provisions)  Registration of architects required REGISTRATION OF ARCHITECTS REQUIRED ▪ Only persons with a Certificate of Registration and be issued a Professional Identification Card may: Practice architecture in this country Engage in preparing architectural plans, specifications or preliminary data for the erection or alteration of any building located within the boundaries of this country REGISTRATION OF ARCHITECTS REQUIRED Use the title “Architect”, or display the word “Architect” together with another word Display or use any title, sign, card, advertisement, or other device to indicate such person practices or offers to practice architecture, or is an architect REGISTRATION OF ARCHITECTS REQUIRED ▪ Any person not authorized to practice architecture in the Philippines who shall perform any of the activities mentioned in Sections 3 and 4 shall be deemed engaged in the unauthorized practice of architecture and shall, therefore, be criminally liable under RA 9266 and its IRR Vested rights VESTED RIGHTS ▪ All architects registered at the time this law takes effect shall automatically be registered under the RA 9266, subject, however, to the provisions regarding future requirements. ▪ Certificates of Registration and Professional Identification Cards held by such persons in good standing shall have the same force and effect as though issued after the passage of RA 9266.  Reciprocity requirements RECIPROCITY REQUIREMENTS ▪ A person who is not a citizen of the Philippines shall not be allowed to take the licensure examination unless he/she can prove that his/her country either admits citizens of the Philippines to the practice of the same profession without restriction or allows them to practice it after passing an examination on terms of strict and absolute equality with citizens RECIPROCITY REQUIREMENTS ▪ That person’s country must also unconditionally recognize the degrees/diplomas issued by the schools duly recognized by the Government of the Philippines. RECIPROCITY REQUIREMENTS ▪ A foreign citizen, whether he studied in the Philippines or not, who desires to take the licensure examination for Architects through reciprocity shall initiate the establishment of reciprocity between his country/state and the Philippines RECIPROCITY REQUIREMENTS ▪ The foreign applicant must submit a letter or any document signed and under official seal by the appropriate official of his country requesting the Chairman of the Board Architecture to allow the foreign applicant to take the licensure examination RECIPROCITY REQUIREMENTS ▪ If the letter/document and the copy of the law submitted by the applicant is satisfactory to the Board, the foreign applicant shall be allowed to take the licensure examination for Architects by requiring him to file an application to take the licensure examination and by submitting the following documents: RECIPROCITY REQUIREMENTS Any official document issued by the Bureau of Immigration and Deportation allowing the applicant to enter and reside the Philippines; Passport Original or authenticated copy of transcript of records issued by the institution of higher learning where he studied, duly authorized by his country Other documents which may be required to be submitted by the Board.  Continuing professional development CONTINUING PROFESSIONAL DEVELOPMENT ▪ To promote public interest and to safeguard life, health and property, all practicing architects shall maintain a program of continuing professional development. CONTINUING PROFESSIONAL DEVELOPMENT ▪ The IAPOA shall have the responsibility of developing a continuing professional development program for architects. Other entities or organizations may become CPD providers upon accreditation by the Board. Prohibition in the practice of architecture and penal clause MISDEMEANOR ▪ The following shall be guilty of misdemeanor: Any person who shall practice or offer to practice architecture in the Philippines without being registered/licensed and who are not holders of temporary or special permits in accordance with the provisions of RA 9266 Any person presenting or attempting to use the Certificate of Registration/Professional Identification Card or seal of another or temporary or special permit, MISDEMEANOR Any person who shall give any false or forged evidence of any kind to the Board or to any member thereof in obtaining a Certificate of Registration/Professional Identification Card or temporary or special permit Any person who shall falsely impersonate any registrant of like or different name, MISDEMEANOR Any person who shall attempt to use a revoked or suspended Certificate of Registration/Professional Identification Card or cancelled special/temporary permit, Any person who shall use in connection with his/her name or otherwise assume, use or advertise any title or description tending to convey the impression that he/she is an architect when he/she is not an architect MISDEMEANOR Any person whether Filipino or foreigner, who knowingly allows the use, adoption, implementation of plans, designs or specifications made by any person, firm, partnership or company not duly licensed to engage in the practice of architecture, Any person who shall violate any of the provisions of RA 9266, its implementing rules and regulations, the Code of Ethical Conduct and Standards of Professional Practice, or any policy of the Board and the Commission GOVERNMENT EMPLOYEES ▪ Government employees and employees of private firms or persons/entities who are not registered and licensed architects shall not perform architectural works in the performance of their official function without the direct supervision of a licensed architect. ▪ Such activity shall constitute unauthorized practice of architecture which shall be penalized in accordance with Section 29 of RA 9266. PUBLIC OFFICIALS ▪ Any public official who shall order or cause a non- architect to perform activities which constitute practice of architecture shall be administratively liable and shall be guilty of misdemeanor and shall upon conviction be sentenced in accordance with Section 30 of RA 9266. Prohibition in the practice of architecture PROHIBITION IN THE PRACTICE OF ARCHITECTURE ▪ Any person or entity, whether public or private, Filipino or foreigner, who/which shall entice, compel, coerce, require or otherwise force an architect registered and licensed under RA 9266 to undertake/perform any service under the general practice of architecture as defined under RA 9266, without first executing a written contract/service agreement… PROHIBITION IN THE PRACTICE OF ARCHITECTURE ▪ …shall be guilty of misdemeanor and shall, upon conviction be sentenced to a fine of 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 the discretion of the Court.  Representatives of non-registered persons LIABILITY OF REPRESENTATIVES OF NON-REGISTERED PERSONS ▪ It shall be unlawful for any person or firm or corporation to seek to avoid the provisions of RA 9266 by having a representative or employee seek architectural work in their behalf, unless and until, such persons are duly qualified and duly registered/licensed. LIABILITY OF REPRESENTATIVES OF NON-REGISTERED PERSONS ▪ Otherwise, both those represented and the representative, the employer and the employee shall be deemed guilty of violation of RA 9266. ▪ Solicitation of architectural work shall be construed as offering to practice architecture and it shall be unlawful for any non-registered and unlicensed persons to do so. Signing and sealing of architectural plans SIGNING AND SEALING OF ARCHITECTURAL PLANS ▪ It shall be unlawful for any architect to sign his/her name, affix his/her seal on architectural plans made under another architect’s supervision, unless made in such manner as to clearly indicate which parts of such work was actually performed by the former SIGNING AND SEALING OF ARCHITECTURAL PLANS ▪ The authorized signature, official seal, PTR, PRC registration number and the IAPOA membership number and Official Receipt (O.R.) number of the Architect-of-Record stamped on architectural plans signify his/her assumption of the mandated 15-year civil liability under Article 1723 of the Civil Code. SIGNING AND SEALING OF ARCHITECTURAL PLANS ▪ However, 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  Ownership of contract documents OWNERSHIP OF CONTRACT DOCUMENTS (SECTION 33) ▪ Drawings and specifications and other contract documents duly signed, stamped or sealed, as instruments of service, are the intellectual property and documents of the architect, whether the object for which they are made is executed or not. It shall be unlawful for any person to duplicate or to make copies of said documents for use in the repetition of and for other projects or buildings, whether executed partly or in whole, without the written consent of architect or author of said documents OWNERSHIP OF CONTRACT DOCUMENTS (SECTION 33) ▪ All architects shall incorporate this provision in all contract documents and other instruments of service  Non-registered person shall not claim equivalent service CLAIMS FOR EQUIVALENT SERVICE ▪ Persons not registered as an architect shall not claim nor represent either services or work as equivalent to those of a duly qualified registered architect, or that they are qualified for any branch or function of architectural practice, even though no form of the title “Architect” is used  Limitation to the registration of firms REGISTRATION OF FIRMS ▪ The practice of architecture is a professional service, admission to which shall be determined upon the basis of individual personal qualifications. REGISTRATION OF FIRMS ▪ However, a firm, company, partnership, corporation or association may be registered or licensed as such for the practice of architecture under the following conditions: Only Filipino citizens properly registered and licensed as architects under RA 9266 may, among themselves, or together with allied technical professionals, form and obtain registration as a firm, company, partnership, association or corporation for the practice of architecture; REGISTRATION OF FIRMS Registered and licensed architects shall compose at least seventy-five percent (75%) of the owners, shareholders, members, incorporators, directors, executive officers, as the case may be Individual members of such firm, partnership, association or corporation shall be responsible for their individual and collective acts as an entity and as provided by law; REGISTRATION OF FIRMS Such firm, partnership, association or corporation shall be registered with the SEC and the PRBOA. Temporary/special permits TEMPORARY/SPECIAL PERMITS ▪ Foreign nationals who have gained entry in the Philippines to perform professional services as architects or consultants shall secure a special/temporary permit from the Board subject to approval of the Commission, to practice his/her profession in connection with the project to which he/she was commissioned TEMPORARY/SPECIAL PERMITS ▪ A foreign national or foreign firm whose name appears on architectural plans for securing building permits, licenses and government authority clearances for actual building project construction in the Philippines shall be deemed practicing architecture in the Philippines, whether the contract for professional services is consummated in the Philippines or in a foreign country. CONDITIONS FOR TEMPORARY/SPECIAL PERMITS ▪ He/she must be a citizen or subject of a country which specifically permits Filipino professionals to practice his/her profession within their territorial limits, on the same basis as the subjects or citizens of such foreign state or country; CONDITIONS FOR TEMPORARY/SPECIAL PERMITS ▪ He/she must be legally qualified to practice architecture in his/her own country, and that his/her expertise is necessary and advantageous to our country particularly in the aspects of technology transfer and specialization; CONDITIONS FOR TEMPORARY/SPECIAL PERMITS ▪ Foreign nationals shall be required to work with a Filipino counterpart and shall also be responsible for public utilities and taxes due to the Philippine government, relative to their participation in, or professional services rendered to the project CONDITIONS FOR TEMPORARY/SPECIAL PERMITS ▪ Agencies, organizations or individuals whether public or private, who secure the services of a foreign professional authorized by law to practice in the Philippines, shall be responsible for securing a special permit from the PRC and the DOLE Liability insurance for temporary or special permits LIABILITY INSURANCE FOR TEMPORARY OR SPECIAL PERMITS ▪ Foreign nationals must locally secure their professional liability insurance or malpractice insurance or their acceptable equivalent in bond form commensurate with the nature and magnitude of their project involvement and their compensation RULE V Final Provisions Integration of the architecture profession INTEGRATION OF THE ARCHITECTURE PROFESSION ▪ The Architecture profession shall be integrated into one national organization which shall be accredited by the Board, subject to the approval by the Commission, as the integrated and accredited professional organization of architects INTEGRATION OF THE ARCHITECTURE PROFESSION ▪ Such an organization shall be registered with the SEC as a non-profit, non-stock corporation to be governed by by-laws providing for a democratic election of its officials. INTEGRATION OF THE ARCHITECTURE PROFESSION ▪ An architect duly registered with the Board shall automatically become a member of the integrated and accredited professional organization of architects and shall receive the benefits and privileges provided for in R.A. 9266 upon payment of the required fees and dues. INTEGRATION OF THE ARCHITECTURE PROFESSION ▪ Membership in the integrated and accredited professional organization of architects shall not be a bar to membership in other associations of architects. UAP AS IAPOA ▪ Pursuant to Board Resolution No. 3, Series of 2004, the United Architects of the Philippines, Inc. is the existing integrated and accredited professional organization of registered architects UAP AS IAPOA ▪ An architect duly registered with the PRC shall automatically become a member of the UAP ▪ The UAP shall keep an updated official registry of its members UAP AS IAPOA ▪ Members of the UAP practicing the architectural profession shall be required to provide their official IAPOA membership number and receipt number together with their PRC registration number and PTR Number on official documents prepared by them for purposes of obtaining governmental regulatory permits and licenses. FUNCTIONS, DUTIES, RESPONSIBILITIES OF THE UAP ▪ Nominations to the vacancy of positions to the BOA; ▪ Responsibility of preparing a program of CPD; ▪ Endorsement of the practice of foreign nationals to be issued temporary/special permit; ▪ Recommendation of compliance with liability insurance under a temporary/special permit; FUNCTIONS, DUTIES, RESPONSIBILITIES OF THE UAP ▪ Monitoring of compliance to RA 9266, and filing of complaints with the PRBOA and/or PRC for violations of the RA 9266, this IRR, Code of Ethics, Standards of Professional Practice and other policies of the Board and of the Commission  Act not affecting other professionals ACT NOT AFFECTING OTHER PROFESSIONALS ▪ RA 9266 shall not be construed to affect or prevent the practice of any other legally recognized profession Enforcement ENFORCEMENT OF THE ACT ▪ It shall be the primary duty of the PRC and the PRBOA to effectively enforce the provisions of RA 9266 and this “IRR of the Architecture Act of 2004”. ENFORCEMENT OF THE ACT ▪ All duly constituted law enforcement agencies and officers of national, provincial, city or municipal government shall, upon the call or request of the PRC or the PRBOA, render assistance in enforcing the provisions of RA 9266, and to prosecute any person violating the provisions of the same. ENFORCEMENT OF THE ACT ▪ Any person may bring before the PRC, PRBOA,or the aforementioned officers of the law, cases of illegal practice or violations of RA 9266 committed by any person or party. Separability clause SEPARABILITY CLAUSE ▪ If, for any reason, any section or provision of this IRR is declared unconstitutional or invalid, the remainder of this IRR shall not be affected by such declaration. Repealing clause REPEALING CLAUSE ▪ Any provisions of the rules and policies issued and promulgated pursuant to R.A. No. 545, P.D. No. 223,R.A. No. 8981, and other laws which are inconsistent with this IRR are hereby superseded, repealed or amended accordingly.