PROFESSIONAL PRACTICE

● Legal aspects of our profession Sec. 2. Statement of Policy

● Encompasses laws affecting the practice of architects ● state:
o National Building Code
o Accessibility Law o recognizes architects' importance
o Fire Code of the Philippines o develop and nurture
Description ● standard of practice and service:
● Legal obligations and responsibilities of the Architect o excellent
● The course is designed to provide the students with the
o qualitative
basic knowledge of all laws related to the practice of
architecture. o world class
The Program o globally competitive
● Course objective ● through:
o S – Specific o licensure examination
o M – Measurable
o A – Achievable o activities (prof. growth & development)
o R – Realistic
o T – Time bound Sec. 3. Definition of Terms
1. Define & differentiate the different laws that ● Understood in Context and Implementation of this Act
affect the practice of architecture in the
● 14 terms
Philippines.
2. Understand the ethical and value dimensions of 1. ARCHITECTURE
the laws as they apply to situation in the practice ▪ taking into account their environment
of the profession. ▪ accordance w/ principles: utility, strength
3. Understand the moral responsibilities and and beauty
obligation of an architect to peers, clients,
2. ARCHITECT
colleagues in the industry and society in general.
4. Know the legal consequences of the architect’s ▪ professionally & academically qualified
actions as they relate to the laws. ▪ registered
Outline ▪ licensed
The Architects’ Laws ▪ issues: Professional Regulatory Board of
● RA9266
Architects (PR-BOA) and Professional
● RA8981 Pre-BOA
● Resolutions Regulation Commission (PRC):
● Civil Code i. Certificate of Recognition
● RA 8293 ii. Professional Identification Card
● ▪ Fair and Sustainable Development =
The Building and Planning Laws
● PD1096 Practical
● PD957 ▪ Welfare and Cultural expression of society's
● BP344 habitat = Represents Filipino Culture
● BP220 ▪ Practical, Appropriate and Feasible
▪ ARCHITECT-OF-RECORD
Other Laws
● BOT Laws i. responsible: total design
● Environmental Laws ii. most important (signature, docu)
● HLURB Guidelines iii. civil liability: plans, specs and
● (PD1185, EO1008, RA9285, RA9184, CIAP Documents 101 contract docu
& 102)
▪ ARCHITECT-IN-CHARGE OF CONSTRUCTION
References i. liable in construction supervision
● All the books in the course outline ▪ CONSULTING ARCHITECT
i. expertise/ specialization
RA9266 ii. any branch (e.g Landscape,
● Article 1: General Provision (1 – 3 Sections)
● Article 2: Professional Regulatory Board of Architecture (4 Heritage, Urban Planning, Green,
– 11 Sections) Lighting, Researcher,
● Article 3: Examination, Registration and Licensure (12 -24 Environmental, Foreignsic)
Sections) 3. GENERAL PRACTICE OF ARCHITECTURE
● Article 4: Practice of Architecture (25 – 39 Sections)
▪ Ref. p. 78
● Article 5: Final Provisions (40 – 47 Sections)
▪ Hierarchy in Construction:
i. PM
ii. CM (engineer/ architect)
Article I. GENERAL PROVISIONS iii. AOR
Sec. 1. Short Title
iv. AIR
● " The Architecture Act of 2004"
v. SUPERVISOR
 ▪ Geodetic engineer (soil, dug deep)
▪ Contractor (shortest possible time, money)
▪ Schematic Design ( not yet a working
document)
▪ Schematic > Pre-Design > Design >
Construction
▪ Intellectual Property (nobody can claim
ownership of that)
▪ Building Programming (schedule; details:
Contractor, general: Architect)
▪ Architectural Conservation (sentimental
value, conserve a part then renovate others)
VS. Heritage (historical value, significance)
4. SCOPE OF PRACTICE OF ARCHITECTURE
▪ Planning, architectural designing
▪ Consultancy
▪ Schematic design
▪ Feasibility of studies
▪ Specs, bill of materials, cost estimates
▪ Construction and project management,
supervision
▪ Architectural detailing
▪ Building Programming
▪ BASICALLY: EVERYHTING CONCERNING
ARCHITECTURE
▪ ref. p. 78
5. STRUCTURAL CONCEPTUALIZATION
▪ Safety, cost-effectiveness, functionality &
aesthetics
▪ Idea; how you’re going to build it,
foundation
▪ Specification
i. Building Materials (used in bldg)
ii. Construction Materials (used to
build the building)
iii. budget, completion time,
practical, feasible and appropriate
6. ARCHITECTURAL FIRM
▪ Registered partnership or corporation
7. AUTHORSHIP
▪ Author/s of plan (whether by themselves or
under their supervision)
8. BOARD
▪ Professional Regulatory Board of
Architecture
9. COMMISSION
▪ Professional Regulation Commission
10. SERVICE AGREEMENT
▪ Written contract (scope of services and
compensation)
11. INTEGRATED AND ACCREDITED PROFESSIONAL
ORGANIZATION
▪ Existing official national organization of
architects of the Philippines
12. CONTINUING PROFESSIONAL DEVELOPMENT
▪ Sustaining and progressive learning process
▪ Maintains, enhances, or increases the
knowledge and ability
13. DTI
▪ Department of Trade and Industry
14. SEC
▪ Securities and Exchange Commission
Article 2: Professional Regulatory Board of Architecture
Section 4: Creation and Composition of the Professional Regulatory
Board
● Professional Regulatory Board of Architecture – “The
Board”
o collegial body under the supervision and
administrative control of the Professional
Regulation Commission ( PRC) – “The
Commission”
o Chairman
o 2 members – appointed by the Pres. From
o 3 recommendees chosen from a list of
o 5 nominees for each position submitted to the
Commission
o should be organized not later than 6 months
from effectivity of this act.
Section 5: Qualifications of Members of the Professional
Regulatory Board
● Each member shall, at the time of his/her appointment,
possess the following qualifications:
a) citizen and resident of PH
b) holder of a degree in Bachelor of Science in
Architecture accredited by CHED
c) Architect with valid Certificate of Registration
and Professional Identification Card, practitioner
of arch. for at least 10 yrs.
d) not be a member of any faculty or institute
e) never been convicted of an crime involving moral
turpitude
f) not be an elective officer of the Integrated and
Accredited Professional Organization of
Architects
Section 6: Terms of Office
● The members of the Board - 3 yrs. term, may be
reappointed for one full term of three
● 1 chairman for 3 yrs.
● 1 member for 2 yrs.
● 1 member for 1 yr.
● the Board may be appointed as members of the new Board
Section 7: Powers and Functions of the Board
● The Board shall exercise the following specific powers,
functions and responsibilities:
a) “IRR of the Architecture Act of 2004”, provisions
of R.A. No. 9266
b) registration, licensure and practice of the
architects
c) administer oaths - R.A. No. 9266
d) Certificate of Registration and the Professional
Identification Card
e) official seal of the Board
f) conditions affecting the practice of architecture,
high professional, ethical and technical standards
of the profession
g) 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”, the Code of Ethical 4. Architectural Design and Site Planning *BOA may change
Conduct and Standards of Professional Practice exam w/ approval: Commission (trends in profession)
and for this purpose, to issue subpoena ad *Before: 6 categories *2 Days: Morning & Afternoon
testificandum and subpoena duces tecum
i) Guidelines for the Continuing Professional *Passing rate: 70 %
Development (CPD)
Sec. 15. Rating in the Licensure Examination
Sec. 8. Administrative Supervision of the Board, Custodian of its ● GWA: 70%
records, Secretariat and Support Services
● Every subject: 50% (at least)
● Board under supervision: Commission
● Commission: designates Secretary of Board
Sec. 16. Report of Ratings
Sec. 9. Grounds for Suspension or Removal of Members of the ● BOA > Commission: 30 days after (ratings) *unless:
Board extended due to technicalities
● President of the Philippines (only one to remove any
member of the Board) ● Snail mail to examiners (results)
● Recommendation of the Commission (administrative ● Usually after a week
investigation)
● 4 grounds Sec. 17. Oath
o Neglect of Duty/ Incompetence
● Code of Ethical Conduct (5 minutes)
o Violation: Code of Ethical Conduct and Standards
of Professional Practice ● Architect’s Credo
o Final judgment: crimes (moral turpitude) ● BOA, Gov’t. Official, Authorized person
o Manipulation or Tampering of grades
Sec. 18. Issuance of Certificates of Registration and Professional
Sec. 10. Compensation and Allowances of the Board
Identification Card
● Comparable: existing Regulatory Boards
● General Appropriations Act ● Fees (prescribed: Commission)
● CoR (signed: Commission’s chairperson, BOA, official seal
Sec. 11. Annual Report ● PIC (reg. no., issuance date, expiry date, Commission’s
● Year-end (proceedings and recommendations) chairperson signature)
● Board > Commission > President
● NEVER FORGET: CR #, PTR #, Reg. #
Article III. EXAMINATION, REGISTRATION AND LICENSURE
Sec. 12. Examination Required Sec. 19. Roster of Architects
● Licensure Examination ● BOA or PRC site
o BOA
*Robert S. Sac, Robert M. Mirafuente, Fidel Jose R. Siapno Sec. 20. Seal, Issuance and Use of Seal
o Commission: date and time ● Prescribed seal of BOA
* Dr. Florentino C. Doble (PRC Chairman), Ar. Yolanda D. ● Reg. Name
Reyes (PRC Commissioner) ● Reg. No.
o Republic Act No. 8981: PRC Modernization Act of ● “Architect” in every plan
2000 (took out drawing: faster results) *Dec. 05, ● Bought ahead *ref. p.87
2000 *Before:2 months
Sec. 21. Indication of Certificate of Registration/ Professional
Sec. 13. Qualifications of Applicant for Examination Identification Card and Professional Tax Receipt
● Board satisfaction ● Indicate in docus: Issuance date, validity, PTR
o Fil or Foreigner qualified (Act)
o Good Moral Character Sec. 22. Refusal to Issue certificate of Registration and professional
o Degree of BS Architecture (CHED); Arch. Exp.: 2 Identification Card
years (reg. ar.) *Master’s Degree (1 year Prac. ● Can be refined by the BOA
Exp.) ● Letter of why they revoked it
o No criminal offense involving moral turpitude Sec. 23. Suspension and Revocation of Certificate of Registration,
(contrary to community standards of justice, hon PIC or the Special/ Temporary Permit
esty, or good morals) ● Commission’s final decision
o Signed (not by him/ under supervision)
Sec. 14. Subjects for Examination o Paid money
1. HOA, TOA, Principles of Planning and Architectural Practice o Impersonated or worked under unregistered
2. Structural Design, Building Materials, Architectural firm/office
Specifications, Methods of Construction and Utilities o Aided unauthorized person
3. Urban Design and Architectural Interiors o Solicited projects without valid service
agreement
 o Violet: provision of the Act, rules and
regulations, Code of Ethical Conduct, Standards
of Professional Practice
*motu propio (on his own impulse)
● Filed by BOA and Secretary of the Board
Sec. 24. Re-issuance or Replacement of Revoked or Lest Certificates
of Registration. Professional Identification Card or Special and
Temporary Permit
● Expires: 2 years after
● May be replaced (BOA and Commission)
Article IV. PRACTICE OF ARCHITECTURE
SECTION 25. Registration of Architects Required
● A person can be use the title of an architect and do what
they practice if he/she 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.
● A foreign architect or any person not authorized to
practice architecture in the Philippines, who shall stay in
the country and perform any of the activities shall be
deemed engaged in the unauthorized practice of
architecture and shall, therefore, be criminally liable
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 under the provisions
SECTION 27. Reciprocity Requirements
● A foreign citizen must present/submit a letter or any
document signed and under official seal by the appropriate
official of his country/state to allow him/her to take the
licensure examination
o The original or certified copy of any official
document issued by the Bureau of Immigration
and Deportation allowing the applicant to enter
and reside the Philippines
o passport for examination
o Original or authenticated copy of transcript of
records issued by the institution of higher
learning where he studied, duly authorized or
accredited by his country/state
o Other documents which may be required to be
submitted by the Board
o (P50,000.00) to not more than Five Hundred Thousand
SECTION 28. Continuing Professional Development (CPD)
● all practicing architects shall maintain a program of
continuing professional development to promote public
interest and to safeguard life, health and property
SECTION 29. Prohibition in the Practice of Architecture and Penal
Clause
● a person 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 if:
o he 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 R.A. No. 9266
o he is 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
o he 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
o he shall falsely impersonate any registrant of like
or different name
o he shall attempt to use a revoked or suspended
Certificate of Registration/Professional
Identification Card or cancelled
special/temporary permit
o he 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
o he 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
o he shall violate any of the provisions of R.A. No.
9266, its implementing rules and regulations, the
Code of Ethical Conduct and Standards of
Professional Practice
o any policy of the Board and the Commission,
shall be guilty of misdemeanor and charged in
court by the Commission
● 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
● 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
● 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
Pesos (P500,000.00) or both at the discretion of the court.
SECTION 30. Prohibition in the Practice of Architecture
● Any person must first sign a written contract/service
agreement with an architect before performing any service
● 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.
SECTION 31. Liability of Representatives of Non-Registered Persons
 ● 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
● 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 contract
documents made under another architect’s supervision
SECTION 33. Ownership of Plans, Specifications and Other Contract
Documents
● 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
SECTION 34. Non-Registered Person shall not Claim 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
SECTION 35. Positions in Government Requiring the Services of
Registered and Licensed Architects
● the following sub-rules are so prescribed to ensure the
implementation of the intent:
o All national and local agencies are prohibited to
collapse existing plantilla positions for architects
for the purpose of recreating the same to
non-architect positions.
o All existing plantilla positions in the national and
local government whose job description includes
the practice of architecture as defined under R.A.
9266, shall be Page 20 of 24 automatically
reclassified as Architect positions and shall be
accorded the salary pertaining to the latter in
accordance with salary standardization law.
o The government architect-of-record shall collect
from the concerned national or local agency an
incentive pay to cover civil liabilities in the
equivalent amount of 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
● It shall be unlawful for any unregistered person to collect a
fee for architectural services
SECTION 37. Limitation to the Registration of a Firm, Company,
Partnership, Corporation or Association
● a firm, company, partnership, corporation or association
may be registered or licensed as such for the practice of
architecture under the following conditions:
o Only Filipino citizens properly registered and
licensed as architects may form a firm
o Registered and licensed architects shall compose
at least seventy-five percent (75%) of the
owners, shareholders, members, incorporators,
directors, executive officers
o 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;
o They shall be registered with the Securities and
Exchange Commission and the Board.
SECTION 38. Coverage of Temporary/Special Permits
● Foreign nationals must 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 if:
o he/she is a citizen or subject of a country which
specifically permits Filipino professionals to
practice his/her profession within their territorial
limits
o he/she is legally qualified to practice architecture
in his/her own country
o he shall be required to work with a Filipino
counterpart and shall also be responsible for
public utilities and taxes due to the Philippine
government
o Agencies who secure foreign professionals shall
be responsible for securing a special permit from
the Professional Regulation Commission (PRC)
and the Department of Labor and Employment
(DOLE) pursuant to PRC and DOLE rules.
● issuance of temporary/special permits to foreign architects
are hereby prescribed:
o A visa and work permit by appropriate
government agencies
o the employment permit issued by DOLE
o Documentary proof or evidence allowing Filipino
architects to practice the profession in their
home country without any limitation.
o Technology transfer and/or specialization must
be identified and substantiated consistent with
his expertise.
o A Filipino counterpart shall be the
architect-of-record, with his duties, functions and
responsibilities duly defined in a covering
agreement.
o Advertisements and billboards for
marketing/promotion purposes shall
prominently display the name of the
architect-of-record
o Upon issuance of the temporary/special permit,
the foreign national may become member of the
United Architects of the Philippines, Inc.
SECTION 39. Liability Insurance of a Person or Entity Allowed to
Practice under a Temporary/Special Permit
● Foreign nationals, including former Filipinos must secure
locally 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 Page 22 of 24 compensation
the implementing rules and regulations for such a
requirement for practice shall be implemented by the
Board in consultation with the integrated and accredited
professional organization of architects within six (6)
months from the effectivity of R.A. No. 9266.
Article V: Final Provisions
Section 40: Integration of the Architecture Profession
 ● The Architecture profession shall be integrated into one (1)
which shall be accredited by the board.
● Subject to the approval by the commission, as the
integrated and accredited professional organization of
architects
● Provided that such an organization shall be registered with
the Securities and Exchange Commission as a non-profit,
Non-stock Corporation governed by-laws.
● An Architect duly registered with the board shall
automatically become a member and shall receive the
benefits and privileges provided for in this act upon
payment of dues and fees.

Section 41: Implementing Rules and Regulations

● Within sixty (60) after the effectivity of this act, the Board,
subject to the approval of the commission and in
coordination with the integrated and accredited
professional organization.
● Shall adopt and promulgate such rules and regulations
● Code of Ethical Conduct and Standards of Professional
Practice
● To carry out the provisions of this act and shall be effective
fifteen (15) days following their publication in the Official
Gazette or in two (2) major daily news

Section 42: Appropriations

● The Chairperson of the Professional Regulation
Commission shall immediately include in the commission’s
programs the implementation of this act.

Section 43: Act Not Affecting Other Professionals

● This act shall not be construed to affect or prevent the
practice or any other legally recognized profession.

Section 44: Enforcement of the Act

● It shall be the primary duty of the Commission and the
Board to effectively enforce the provisions of this act
● All duly constituted law enforcement agencies and officers
of national, provisional, city or municipal government
shall call upon the request of the Commission of the
Board.
● The board shall assist the Commission in filing the
appropriate charges through the concerned prosecution
office

Section 45: Separability Clause

● If any clause, provision, paragraph or part hereof shall be
declared unconstitutional or invalid.
● Such judgement shall not impair any other part hereof

Section 46: Repealing Clause

● Republic Act No. 545 as amended by Republic Act No. 1581
is hereby repealed and all other laws.
● Rules and regulations or resolutions or part/s thereof
inconsistent with the provisions of this act

Section 47: Effectivity

● This act shall take effect after fifteen (15) days following its
publication in the Official Gazette or in two (2) newspapers

END