RA 9266 - Architecture Act of 2004 PDF

RA 9266 - Architecture Act of 2004 RULE I - TITLE, POLICY STATEMENT, DEFINITION OF TERMS, AND SCOPE OF PRACTICE SECTION 1 - TITLE SECTION 2 - STATEMENT OF POLICY SECTION 3 - DEFINITION OF TERMS 1. Architecture is the art, science or profession of...

RA 9266 - Architecture Act of 2004 RULE I - TITLE, POLICY STATEMENT, DEFINITION OF TERMS, AND SCOPE OF PRACTICE SECTION 1 - TITLE SECTION 2 - STATEMENT OF POLICY SECTION 3 - DEFINITION OF TERMS 1. Architecture is 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; 2. ARCHITECT person professionally and academically qualified, registered and licensed under R.A. No. 9266 with a Certificate of Registration and Professional Identification 3. ARCHITECT OF RECORD who is directly and professionally responsible for the total design of the project for the client 4. ARCHITECT IN CHARGE OF directly and professionally responsible and liable for the CONSTRUCTION construction supervision of the project 5. CONSULTING ARCHITECT who is professionally and academically qualified and with exceptional or recognized expertise or specialization in any branch of architecture 6. GEN. PRACTICE OF the act of planning and architectural designing, structural conceptualization, ARCHITECTURE specifying, supervising and giving general administration and responsible direction to the erection, enlargement or alterations of buildings 7. SCOPE OF THE PRACTICE encompasses the provision of professional services in connection with site, OF ARCHITECTURE physical and planning and the design, construction, enlargement, conservation, renovation, remodeling, restoration or alteration of a building or group of buildings. 8. STRUCTURAL act of conceiving, choosing and developing the type, disposition, arrangement CONCEPTUALIZATION and proportioning of the structural elements of an architectural work 9. ARCHITECTURAL FIRM a sole proprietorship, a partnership or a corporation registered with the DTI AND/OR SEC and then with the Board of Architecture and PRC; 10. AUTHORSHIP author or authors of a set of architectural plans or specifications 11. BOARD refers to the Professional Regulatory Board of Architecture 12. COMMISSION Professional Regulation Commission 13. SERVICE AGREEMENT a duly notarized written contract or equivalent public instrument stipulating the scope of services and guaranteeing compensation of such services to be rendered by an architect registered and licensed under R.A. No. 9266 14. INTEGRATED & ACCREDITED existing official national organization of all architects of the Philippines PROFESSIONAL ORGANIZATION 15. CONTINUING PROFFESIONAL sustaining and progressive learning process that maintains, enhances, or DEVELOPMENT increases the knowledge and continuing ability of architects 16. DTI Department of Trade and Industry 17. SEC Securities and Exchange Commission; 18. ASSOCIATION any formal grouping of two or more architects or architectural firms working in joint venture on a project basis. 19. ARCHITECTURAL COMPANY means a juridical entity that shall be synonymous with an Architectural Partnership registered with the SEC 20. ARCHITECTURE CORPORATION means a group of professionals in architecture and allied professions, incorporated with Architects for the purpose of delivering professional service in architecture and allied professions 21. ARCHITECTURAL DOCUMENTS means an architectural drawings, specifications, and other outputs of an Architect 22. ARCHITECTURAL INTERIORS a detailed planning and design of the indoor/enclosed areas of any proposed building/structure 23. ARCHITECTURAL PARTNERSHIP a group of two or more Architects duly registered with the SEC and then with the Board of Architecture 24. ARCHITECTURAL PLANS two (2)-dimensional representations reflecting a proposed development /redevelopment of an enclosed/ semi-enclosed or open area 25. BUILDING a structure for the purpose and function of habitation and other uses 26. CERTIFICATE OF REGISTRATION PRC I.D 27. CODE OF ETHICAL CONDUCT contains the norms and principles governing the practice of the profession of architecture in the highest standards of ethical conduct 28. CONTRACT DOCUMENTS a) Special Provisions or conditions b) General Conditions c) Drawings d) Specifications e) Other Bid Documents 29. COPYRIGHT intellectual proprietary rights retained by an Architect 30. CPD PROVIDERS have been accredited/registered with the Board of Architecture of the Professional Regulation Commission to deliver seminars, lectures, and other continuing professional education modules for architects 31. DIVERSIFIED ARCHITECTURAL post-baccalaureate, pre-licensure experience of two (2) years required of a EXPERIENCE graduate of architecture 32. FOREIGN ARCHITECT architect who is not a Filipino citizen nor an Architect registered and licensed in the Philippines 33. FILIPINO COUNTERPART local Philippine architect, partnership or corporation that must work in association with a foreign architect, partnership or corporation, on a project on Philippine soil 34. OWNERSHIP proprietary rights to an architectural work such as plans, designs and other documents 35. PLANNING physical planning at site, community or urban level by an Architect 36. PHYSICAL PLANNER an Architect who specializes in the detailed physical planning of land or property 37. PHYSICAL PLANNING the detailed physical planning of land or property on which vertical structures are to be proposed. 38. PROFESSIONAL a person who is registered to PRC. 39. PROFESSIONAL ID CARD a document bearing the registration number, date of issuance with an expiry date, due for periodic renewal. 40. SITE PLANNING the detailed site development planning of all areas surrounding a building/structure 41. STANDARDS OF PROFESSIONAL defines all aspects of professional service, prescribes minimum basic fees PRACTICE and establishes the rights and obligations of both the Architect and the client 42. SOLE PROPRIETORSHIP individual Architect practicing and delivering architectural services, duly registered with the DTI, BOA and the PRC 43. SPECIALIZATOIN an expertise and special knowledge in the field of architecture 44. SYLLABI the outlines embodying topics and concepts of major subjects 45. TECHNOLOGY TRANSFER contracts or arrangements involving the transfer of systematic knowledge for the manufacture of a product, the application of a process, or rendering of a service 46. URBAN DESIGN physical and systemic design undertaken by an Architect on a community and urban plane. 47. ACRONYMS (a) ARCHITECTURE ACT OF 2004 – R.A. No. 9266 (b) BOA – Board of Architecture (c) CHED – Commission on Higher Education (d) CIAC – Construction Industry Arbitration Commission (e) CPD – Continuing Professional Development (f) DOLE – Department of Labor and Employment (g) DTI – Department of Trade and Industry (h) IAPOA – Integrated Accredited Professional Organization of Architects (the same as United Architects of the Philippines, Inc.) (i) Intellectual Property Code of the Philippines – R.A. No. 8293 (j) PCAB – Philippine Contractors Accreditation Board (k) PDCB – Philippine Domestic Construction Board Page 7 of 24 (l) PRB – Professional Regulatory Board (the same as BOA for the profession of architecture) (m) PRC – Professional Regulation Commission (n) PRC Modernization Act of 2000 – R.A. No. 8981 (o) SEC – Securities and Exchange Commission (p) UAP – United Architects of the Philippines, Inc RULE II - PROFESSIONAL REGULATORY BOARD OF ARCHITECTURE: ORGANIZATION, POWERS, AND FUNCTIONS SECTION 4. Creation and Composition of the Professional Regulatory Board -- composed of a chairman and 2 members appointed by the Pres. Of the Phils. The Board shall be organized from the effectivity of the Architecture Act of 2004 SECTION 5. Qualifications of Members of the Professional Regulatory Board a.) a citizen and resident of the Phils. b.) a holder of a degree in Bachelor of Science in Architecture 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 d.) not be a member of the faculty of any school, college, university or review institution (5 yrs prior to nomination) e.) has never been convicted of any crime involving moral turpitude f.) not be an elective officer of the Integrated and Accredited Professional Organization of Architects and other Professional Organization of Architects SECTION 6. Term of Office a.) Office term of 3 years b.) each member can be reappointed for one full term (3 yrs) c.) Chairman - 3 yrs 1 member - 2 yrs 1 member - 1 yr d.) incumbent members of the Board may be appointed as members of the First Board SECTION 7. Powers and Functions of the Board (a) Prescribe and adopt the “IRR of the Architecture Act of 2004” (b) Supervise the registration, licensure and practice of architects; (c) Administer oaths (d) Issue, suspend, revoke, or reinstate the Certificate of Registration and the Professional Identification Card for the practice of the architecture (e) Adopt an official seal of the Board (f) Monitor the conditions affecting the practice of architecture (g) Prescribe and/or adopt the Code of Ethical Conduct and Standards of Professional Practice (h) Hear and decide administrative cases involving violations of R.A. No. 9266, the “IRR of the Architecture Act of 2004” (i) Prescribe guidelines for the Continuing Professional Development (CPD) program (j) Prepare, adopt, issue or amend the syllabi of the subjects for examinations (k) Approve, issue, limit or cancel temporary or special permit to practice architecture (l) In coordination with the CHED, ensure that all higher educational instruction and offerings of architecture comply with the policies, standards and requirements of the course (m) To adopt a program for the full computerization of the licensure examination SECTION 8. Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support Services SECTION 9. Grounds for Suspension or Removal of Members of the Board The president of The Phils. Upon The recommendation of The Commission has The power to suspended a member of the board. SECTION 10. Compensation and Allowances of the Board compensation and allowances SECTION 11. Annual Report RULE III. EXAMINATION, REGISTRATION AND LICENSURE SECTION 12. Examination Required SECTION 13. Qualifications of Applicant for Examination SECTION 14. Subjects for Examination SECTION 15. Rating in the Licensure Examination To be qualified as having passed the licensure examination for architects, a candidate must obtain a weighted general average of seventy percent (70%), with no grade lower than fifty percent (50%) in any given subject SECTION 16. Report of Ratings The Board shall submit to the Commission the ratings obtained by each candidate within thirty (30) calendar days after the examination SECTION 17. Oath "REQUIRED" SECTION 18. Issuance of Certificates of Registration and Professional Identification Card be issued to every registrant who has paid the prescribed fee of annual registration for three (3) years SECTION 19. Roster of Architects SECTION 20. 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 SECTION 21. Indication of Certificate of Registration/Professional Identification Card and Professional Tax Receipt SECTION 22. Refusal to Issue Certificate of Registration and Professional Identification Card person who has falsely sworn or misrepresented himself/herself in his/her application for examination or to any person convicted by a court of competent jurisdiction of a criminal offense involving moral turpitude or guilty of immoral and dishonorable conduct or to any person of unsound mind. SECTION 23. Suspension and Revocation of Certificates of Registration, Professional Identification Card or the Special/Temporary Permit The Board shall have the power, upon notice and hearing, to suspend or revoke the validity of a Certificate of Registration/Professional Identification Card SECTION 24. Re-issuance or Replacement of Revoked or Lost Certificates of Registration, Professional Identification Card or Special and Temporary Permit The Board may, after the expiration of two (2) years from the date of revocation of a Certificate of Registration, Professional Identification Card or special/temporary permit, and upon 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 RULE IV. PRACTICE OF ARCHITECTURE (SUNDRY PROVISIONS) SECTION 25. Registration of Architects Required (a) A person shall have received from the Board a Certificate of Registration and be issued a Professional Identification Card in the manner hereinafter provided and shall thereafter comply with the provisions of R.A. No. 9266. (b) A foreign architect can't practice in our country SECTION 26. Vested Rights. Architects Registered When This Law is Passed All architects registered at the time this law takes effect shall automatically be registered SECTION 27. Reciprocity Requirements "foreign citizen" can't take the ALE. or by RECIPROCITY between his country and our country by presenting letter requesting the Chairman of the Board of Architecture to allow the foreign applicant to take the exam. SECTION 28. Continuing Professional Development (CPD) The integrated and accredited professional organization shall have the responsibility of developing a continuing professional development program for architects. SECTION 29. Prohibition in the Practice of Architecture and Penal Clause (a)presenting or attempting to use as his/her own the Certificate of Registration/ Professional Identification Card or seal of another or temporary or special permit, or any person who shall give any false or forged evidence of any kind to the Board (b)shall be guilty of misdemeanor and charged in court by the Commission and shall, upon conviction be sentenced to a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five million pesos (P5,000,000.00) or to suffer imprisonment for a period not less than six (6) months or not exceeding six (6) years or both, at the discretion of the Court. (c)Any head of a government agency or officer(s) of a private firm/institution who violates Section 7 – sub-paragraph (L) of R.A. No. 8981 shall be punished by imprisonment of not less than six (6) months and one (1) day to not more than six (6) years, or a fine of not less than Fifty Thousand Pesos (P50,000.00) to not more than Five Hundred Thousand Pesos (P500,000.00) or both at the discretion of the court. SECTION 30. Prohibition in the Practice of Architecture Misdemeanor - forcing an architect to render services without a written contract. (Fine - Php 200,000 or 6 yrs or BOTH) SECTION 31. Liability of Representatives of Non-Registered Persons having a representative or employee seek architectural work in their behalf. Solicitation of architectural work shall be construed as offering to practice architecture and shall be unlawful for any non-registered and unlicensed persons to do so. SEC. 32. Signing and Sealing of Architectural Plans, Specifications, Architectural Permit and Other Contract Documents SECTION 33. Ownership of Plans, Specifications and Other Contract Documents intellectual property and documents of the architect SECTION 34. Non-Registered Person shall not Claim Equivalent Service SECTION 35. Positions in Government Requiring the Services of Registered and Licensed Architects SECTION 36. Collection of Professional Fees unlawful for any unregistered person to collect a fee for architectural services except as an employee collecting a fee as representative of a Registered Architect. SECTION 37. Limitation to the Registration of a Firm, Company, Partnership, Corporation or Association (a)Registered and licensed architects shall compose at least seventy-five percent (75%) of the owners, shareholders, members, incorporators, directors, executive officers (b)Such firm, partnership, association or corporation shall be registered with the Securities and Exchange Commission and the Board SECTION 38. Coverage of Temporary/Special Permits Foreign nationals conditions: (a) in their country they permit filipino professionals to practice (b) legally qualified to practice in his own country ( c) with filipino counterpart (d) securing special permits from PRC and DOLE * Upon issuance of the temporary/special permit, the foreign national may become member of the United Architects of the Philippines, Inc. subject to the rules and procedures of UAP membership. SECTION 39. Liability Insurance of a Person or Entity Allowed to Practice under a Temporary/Special Permit must secure locally their professional liability insurance or malpractice insurance or their acceptable equivalent in bond form RULE V. FINAL PROVISIONS SECTION 40. Integration of the Architecture Profession 1 national organization accredited by the Board, approval of the Commission. - IAPOA SECTION 41. Implementing Rules and Regulations rules and regulations, Code of Ethical Conduct and Standards of Professional Practice SECTION 42. Appropriations The Chairperson of the Professional Regulation Commission shall immediately include in the Commission’s programs the implementation of R.A. No. 9266, the funding of which shall be included in the annual General Appropriations Act SECTION 43. Act Not Affecting Other Professionals R.A. No. 9266 shall not be construed to affect or prevent the practice of any other legally recognized profession. SECTION 44. Enforcement of the Act SECTION 45. Separability Clause SECTION 46. Repealing Clause SECTION 47. Effectivity The herein “IRR of the Architecture Act of 2004” shall be, upon approval by the Commission, be effective after fifteen (15) days following its full and complete publication in the Official Gazette or in two (2) major newspapers of general circulation PLSS :) 051514