RA 9266: “THE ARCHITECTURE ACT OF 2004” - Architectural Company PROFESSIONAL REGULATORY BOARD OF

- Begun: Monday, July 28, 2003 - Architecture Corporation ARCHITECTURE

- Signed into law: March 17, 2004
- Architectural Documents SECTION 4: CREATION AND COMPOSITION OF
- Effectivity: April 10, 2004
- Repealing RA 545: an act to regulate the - Architectural Interiors THE PROFESSIONAL REGULATORY BOARD
practice of architecture in the Philippines
- Architectural Partnership - 1 Chairman, 2 Members appointed by the
- Architectural Plans President of the Philippines from list of 3
ARTICLE I
- Building recommendee chosen form 5 nominees of each
GENERAL PROVISION
- Certificate of Registration position
SECTION 1: TITLE
- Code of Ethical Conduct SECTION 5: QUALIFICATIONS OF MEMBERS OF
“The Architecture Act of 2004”
- Consulting Architect THE PROFESSIONAL REGULATORY BOARD
SECTION 2: STATEMENT OF POLICY
- Contract Documents - Citizen and resident of the PH
SECTION 3: DEFINITION OF TERMS
- Copyright (or Copyright Ownership) - Degree holder of BS Architecture
- Architecture
- CPD Providers - Architect with COR/PIC and at least 10 years
- Architect
- Diversified Architectural Experience active practitioner
o Architect-of-record
- Foreign Architect - Not member of faculty of any school, and
o Architect-in-charge of construction
- Filipino Counterpart stopped teaching, advising, etc. for at least 5
o Consulting Architect
- Ownership years prior to nomination
- General Practice of Architecture
- Planning - Never been convicted of any crime involving
- Scope of the Practice of Architecture
- Physical Planner moral turpitude
- Structural Conceptualization
- Professional - Not be an elective officer of the IAPOA and
- Architectural Firm
- Professional Identification Card other professional organization of architects
- Authorship
- Site Planning SECTION 6: TERM OF OFFICE
- Board
- Standards of Professional Practice - 3 years
- Commission
- Sole Proprietorship - Chairman (3 years)
- Service Agreement
- Specialization - 1 member (2 year)
- Integrated and Accredited Professional
- Syllabi - 1 member (1 year)
Organization
- Technology Transfer SECTION 7: POWERS AND FUNCTIONS OF THE
- Continuing Professional Development
- Urban Design BOARD
- DTI
- Prescribe and adopt the IRR
- SEC
ARTICLE II
- Association
 - Supervise the registration, licensure and practice
of architects
- Administer oaths
- Issue, suspend, revoke, or reinstate
- Adopt official seal
- Monitors conditions of practice
- Prescribe/adopt Code of Ethical Conduct and
SPP
- Hear and decide administrative cases
- Prescribe guidelines for CPD
- Prepare, adopt, issue or amend the syllabi of the
subjects for exam and administer, correct and
release results of exam
- Approve, issue, limit, or cancel TSP
- Coordinate with CHED on policies, standards
and requirements of the course
- Adopt a program for full computerization of the
exam
- Discharge other duties and functions for
enhancement of the profession
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
- neglect of duty or incompetence
- violation or tolerance of RA 9266, its IRR, CEC
and SPP
- final judgement of crimes involving moral
turpitude
- manipulation or rigging of ALE results
SECTION 10: COMPENSATION AND
ALLOWANCES OF THE BOARD
SECTION 11: ANNUAL REPORT
ARTICLE III
EXAMINATION, REGISTRATION AND
LICENSURE
SECTION 12: EXAMINATION REQUIRED
SECTION 13: QUALIFICATIONS OF APPLICANT
FOR EXAMINATION
- Filipino citizen or qualified foreigner
- Good moral character
- Holder of BS Architecture, and at least 2 years
of DAE (1 year for Master’s Degree holder)
- not been convicted of any criminal offense
involving moral turpitude
- Supporting Documents:
o Certificate of live Birth
o Marriage Contract
o College diploma
o Transcript of Records
o DT form 001 & 002
o Architect-mentor affidavit
o Mentor’s PIC, PTR, IAPOA number
o NBI clearance
o Others the board may require
SECTION 14: SUBJECTS FOR EXAMINATION
1. History and Theory of Architecture, Principles
of Planning and Architectural Practice
2. Structural Design, Building Materials, and
Architectural Specifications, and Methods of
Construction and Utilities
3. Urban Design and Architectural Interiors
4. Architectural Design and Site Planning
SECTION 15: RATING IN THE LICENSURE
EXAMINATION
- Must obtain 70% with no grade lower than 50%
in any given subject
SECTION 16: REPORT OF RATINGS
- 30 calendar days after the exam
SECTION 17: OATH
SECTION 18: ISSUANCE OF CERTIFICATES OF
REGISTRATION AND PROFESSIONAL
IDENTIFICATION CARD
- PIC renewable every after 3 years
SECTION19: ROSTER OF ARCHITECTS
SECTION 20: SEAL, ISSUANCE AND USE OF SEAL
- Prohibited Acts
o Use after COR expiration
o Docs made under another architect’s
supervision
o Duplication of docs for another project
o Sign and seal only by LRA’s
SECTION 21: INDICATION OF CERTIFICATE OF
REGISTRATION/PROFESSIONAL IDENTIFICATION
CARD AND PROFESSIONAL TAX RECEIPT
SECTION 22: REFUSAL TO ISSUE OF
CERTIFICATE OF REGISTRATION AND
PROFESSIONAL IDENTIFICATION CARD
- to any person convicted by a court of competent
jurisdiction of any criminal offense including
moral turpitude
- guilty of immoral or dishonorable conduct
- any person of unsound mind
SECTION 23: SUSPENSION AND REVOCATION OF
CERTIFICATE OF REGISTRATION, PROFESSIONAL
IDENTIFICATION CARD, OR THE
SPECIAL/TEMPORARY PERMIT
- signed contract not authorized by him
- paid to secure COR
- impersonated or practiced under fictitious name
- aided in the practice of a person not authorized
to practice
- undertaken service without service agreement
- violations of the act and its IRR
SECTION 24: RE-ISSUANCE OR REPLACEMENT
OF REVOKED OR LOST CERTIFICATES OF
REGISTRATION, PROFESSIONAL
IDENTIFICATION CARD OR
SPECIAL/TEMPORARY PERMIT
ARTICLE IV
PRACTICE OF ARCHITECTURE
SECTION 25: REGISTRATION OF ARCHITECTS
REQUIRED
SECTION 26: VESTED RIGHTS: ARCHITECTS
REGISTERED WHEN THIS LAW IS PASSED
SECTION 27: RECIPROCITY REQUIREMENTS
- Foreign applicant requirements:
o Original or certified copy of any
official document issued by the Bureau
of Immigration and Deportation
o Passport for examination
o Original or authenticated copy of TOR
or equivalent document
o Other docs that may be required
SECTION 28: CONTINUING PROFESSIONAL
DEVELOPMENT (CPD)
SECTION 29: PROHIBITION IN THE PRACTICE OF
ARCHITECTURE AND PENAL CLAUSE
- Illegal Practitioner
o Fine of +100,000 but -5,000,000
o Imprisonment of +6 months of -6 years,
o Or both
- Head of government agency or officer of private
firm/institution
o Imprisonment of +6 months and 1 day
to -6 years
o Fine of +50,000 to -500,000
o Or both
SECTION 30: PROHIBITION IN THE PRACTICE OF
ARCHITECTURE
- Any person or entity who FERC (force, entice,
require, coerce) RLA to render service without
service agreement, guilty of misdemeanor
o Fine of +200,000
o Imprisonment of -6 years
o Or both
SECTION 31: LIABILITY OF REPRESENTATIVES
OF NON-REGISTERED PERSONS
- both those represented and the representative,
the employer and the employee shall be deemed
guilty of violation
SECTION 32: SIGNING OF ARCHITECTURAL
PLANS, SPECIFICATIONS AND OTHER CONTRACT
DOCUMENTS
- prohibited acts
o sign and seal documents made under
another architects supervision
o sign for any work not actually
performed by him/her
- 15 years of liability under Article 1723 of the
Civil Code
SECTION 33: OWNERSHIP OF PLANS,
SPECIFICATIONS AND OTHER CONTRACT
DOCUMENTS
- RA 8293: Intellectual Property Code
SECTION 34: NON-REGISTERED PERSON SHALL
NOT CLAIM EQUIVALENT SERVICE
SECTION 35: POSITIONS IN GOVERNMENT
REQUIRING THE SERVICES OF REGISTERED AND
LICENSED ARCHITECTS
 - Civil liabilities amounting 1.5% of the project
cost of every project provided it shall not exceed
50% of his annual salary which shall be paid
upon full completion of the project
SECTION 36: COLLECTION OF PROFESSIONAL
FEES
- Unlawful for any unregistered person unless
collecting as a representative of a Registered
Architect
SECTION 37: LIMITATION TO THE
REGISTRATION OF A FIRM, COMPANY,
PARTNERSHIP, CORPORATION OR ASSOCIATION
- Only Filipino RLA or with allied technical
professionals
- Shall compose at least 75% of RLAs
- Registered with SEC and PRBOA
- Individual members are responsible for their
individual and collective acts
SECTION 38: COVERAGE OF
TEMPORARY/SPECIAL PERMITS
- Reciprocity requirements
- Qualified to practice in own country
- Expertise and technology transfer
- With Filipino counterpart
- DOLE and PRC permits
SECTION 39: LIABILITY INSURANCE OF A
PERSON OR ENTITY ALLOWED TO PRACTICE
UNDER A TEMPORARY/SPECIAL PERMIT
ARTICLE V
FINAL PROVISIONS
SECTION 40: INTEGRATION OF THE
ARCHITECTURE PROFESSION
- Functions, duties, and responsibilities of the
UAP as the IAPOA
o Nominations to the vacancy of
positions to the BOA
o Responsibility of preparing a program
of CPD
o Endorsement of the practice of foreign
nationals to be issued TSP
o Recommendation of compliance with
liability insurance under a TSP
o Monitoring compliance and endorsing
to/or filing a complaint with the board
o Some other may be prescribed by the
BOA from time to time
SECTION 41: IMPLEMENTING RULES AND
REGULATIONS
- within 60 days after the effectivity of RA 9266
- effective 15 days following publication in the
Official Gazette or in 2 major daily newspapers
of general circulation
SECTION 42: APPROPRIATIONS
SECTION 43: ACT NOT AFFECTING OTHER
PROFESSIONALS
SECTION 44: ENFORCEMENT OF THE ACT
SECTION 45: SEPARABILITY CLAUSE
SECTION 46: REPEALING CLAUSE
SECTION 47: EFFECTIVITY
PRBOA RESOLUTIONS
#3 -2004 – Accreditation of UAP as the IAPOA
#7 – 2004 – IRR of RA 9266
#2 – 2005 – valid cert of UAP membership,
annual/lifetime membership dues, issuance of PIC, COR,
and Renewal
#4 – 2005 – adopting the logbook of DAE
#2 – 2006 – adoption and promulgation of the CEC for
RLAs and TSP
#5 – 2005 – design, size, context of dry seal
#6 – 2006 – adoption and promulgation of Code of
Ethical Conduct for RLA & TSP
#6 – 2007 – prescribing guidelines on DAE certifying
prospective examinees based overseas
#1 – 2008 – restricting the practice of non-RLAs without
the direct supervision of a RLA
#3 – 2008 – guidelines for the procedure on the issuance
of TSP
#9 – 2008 – redefining DAE as an experience of at least
3,840 hours
#5 – 2016 – limiting the requirement for the initial
registration and renewal of the PIC
#5 – 2016 – approval, adoption and promulgation of the
SPP compliances on methods of compensation and
schedule of fees
#16 – 2016 – approval adoption and promulgation of the
architect’s guidelines for standards of professional
practice compliances on the methods of compensation
and schedule of fees, as prepared and recommended by
IAPOA
- Architect’s National Code as early as 1960,
composed of 2 major parts: COC & SPP
(adopted and approved on September 24, 1979)
#10 – 2018 – DAE should be post post-baccalaureate
experience
#5 – 2018 – adopted and promulgated the architect’s
credo, amending #5-2006
RA 8981: PRC MODERNIZATION ACT OF 2000
- amending PD 223: PRC LAW
COMPOSITION
- 1 full-time Chairperson
- 2 full-time Commissioners
- All to be appointed by the President for a term of
7 years without reappointment
QUALIFICATIONS
- At least 40 years of age
- Holding valid COR/PIC
- Familiar with the principles and methods of
professional regulation and/or licensing
- At least 5 years of executive or management
experience
- 1 of the commissioners must be past
Chairperson/ member of PRB
FUNCTIONS
- Enforce regulatory policies of National
Government
- Promulgate and execute rules
- Oversee activities of various boards - An officer or employee of the commission or
- Oversee licensure exams member of the board, perpetual absolute
- Maintain records of professionals disqualification from public office
- Issue COR/ Licenses - For accomplices
- Maintain records of various boards o 4 years and 1 day to 6 years
- Fix and collect charges and fees o 20,000 to -49,000
- Appoint officials and employees o Or both
- Recommend members of various boards - For accessories
- Evaluate foreigner’s application for COR o 2 years and 1 day to 4 years
- Supervise practicing foreigners o 5,000 to 19,000
- Monitor school performance
o Or both
- Implement full computerization of exams
- SECTION 16: for Heads of government
- Authorize any officer to administer oaths
agencies or officers of private
- Investigate illegal practice
institutions/entities
RESOLUTIONS
o +6 months and 1 day to -6 years
#465 s2008 – attendance to the CPD courses offered by
o +50,000 to -500,000
CPE Council
o Or both
#774 s2013 – revised guidelines on CPD Program
#4 s2017 – operational guidelines in the Implementation
of RA 10912: Continuing Professional Development Act
RA 1582 (repealed RA 544): Practice of Civil
of 2016
Engineering
Section 15: Penalties for Manipulation and Other
RA 10350 (amended RA 8534): Practice of Interior
corrupt practices in the conduct of Professional
Design
examinations
- Any person who manipulates or rigs licensure
RA 9053: Practice of Landscape Architecture
examination results
o +6 years and 1 day to -12 years
RA 10587 (amended PD 1308): Practice of
o Fine of +50,000 to -100,000
Environmental Planning
o Or both
  RA 957: THE SUBDIVISION AND
CIVIL CODE OF THE PHILIPPINES CONDOMINUIM BUYERS’ PROTECTIVE
DECREE
ARTICLE 1723
- The engineer or architect who drew up the plans  PD 856: SANITATION CODE OF THE
and specifications for a building is liable for PHILIPPINES
damages if 15 years from completion of the
structure the same should collapse by reason of:
o A defect in those plans and
specifications
o Due to the defects in the ground
- The contractor is, likewise, responsible for the
damages if the edifice falls, within the same
period on account of
o Defects in the construction
o Use of materials of inferior quality
o Violations of the terms of the contract
- If the architect or architect supervises the
construction, shall be solitarily liable with the
contractor
- The action must be brought within 10 years
following the collapse of the building
 RA 7160: THE LOCAL GOVERNMENT
CODE OF 1991
 RA 6713: THE CIVIL SERVICE RULES
 RA 10912: CPD LAW OF 2016
 RA 8293: INTELLECTUAL PROPERTY
CODE OF THE PHILIPPINES
 RA 9514: FIRE CODE OF THE
PHILIPPINES OF 2008