PP1 - Laws Affecting Practice of Architecture

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PROFESSIONAL PRACTICE 1 a.

"Architect-of-record" means the architect


(LAWS AFFECTING PRACTICE OF registered and licensed under this Act, who
ARCHITECTURE) is directly and professionally responsible for
2nd Year of Architecture the total design of the project for the
2nd Semester client and who shall assume the civil
liability for the plans, specifications and
Republic Act no. 9266 contract documents he/she has signed
An act providing for a more responsive and comprehensive and sealed;
regulation for the registration, licensing and practice of
Architecture, repealing for the purpose Republic Act No. b. "Architecture-in-charge of construction"
545, as amended, otherwise known as “An act to regulate means an architect registered and licensed
the practice of Architecture in the Philippines,” and for under this Act, who is directly and
other purposes. professionally responsible and liable for the
construction supervision of the project;
o Begun and held in Metro Manila, on Monday, the 28th
day of July, 2003
c. "Consulting Architect" means the
architect registered and licensed or
o Be it enacted by the Senate and House of
permitted to practice under this Act, who is
Representatives of the Philippines in Congress
professionally and academically qualified
assembled:
and with exceptional or recognized
expertise or specialization in any branch
Article 1: General Provisions of architecture;

Section 1. Short Title. – This Act shall be known as


3. "General Practice of Architecture" means
“The Architecture Act of 2004.”
the act of planning and architectural designing,
structural conceptualization, specifying,
Secction 2. Statement of Policy – The State
supervising and giving general administration
recognizes the importance of architects in nation
and responsible direction to the erection,
building and development. Hence, it shall develop and
enlargement or alterations of buildings and
nurture competent, virtuous, productive and well-
building environments and architectural design
rounded professional architects whose standards of
in engineering structures or any part thereof;
practice and service shall be excellent, qualitative,
the scientific, aesthetic and orderly
world-class and globally competitive through inviolable,
coordination of all the processes which enter
honest, effective and credible licensure examinations
into the production of a complete building or
and through regulatory measures, programs and
structure performed through the medium of
activities that foster their professional growth and
unbiased preliminary studies of plans,
development.
consultations, specifications, conferences,
evaluations, investigations, contract
Section 3. Definition of Terms - As used in this Act,
documents and oral advice and directions
the following terms shall be defined as follows:
regardless of whether the persons engaged in
such practice are residents of the Philippines
1. "Architecture" is the art, science or
or have their principal office or place of
profession of planning, designing and
business in this country or another territory,
constructing buildings in their totality taking
and regardless of whether such persons are
into account their environment, in accordance
performing one or all these duties, or whether
with the principles of utility, strength and
such duties are performed in person or as the
beauty;
directing head of an office or organization
performing them;
2. "Architect" means a person professionally
and academically qualified, registered and
4. "Scope of the Practice of Architecture"
licensed under this Act with a Certificate of
encompasses the provision of professional
Registration and Professional Identification
services in connection with site, physical and
Card issued by the Professional Regulatory
planning and the design, construction,
Board of Architecture and the Professional
enlargement, conservation, renovation,
Regulation Commission, and who is
remodeling, restoration or alteration of a
responsible for advocating the habitat in terms
building or group of buildings. Services may
of space, forms and historical context;
include, but are not limited to:
a. planning, architectural designing and property and the promotion and enrichment
structural conceptualization; of the quality of life, the architectural design
of engineering structures or any part
b. consultation, consultancy, giving oral or thereof; and
written advice and directions, conferences,
evaluations, investigations, quality surveys, j. all other works, projects and activities which
appraisals and adjustments, architectural require the professional competence of an
and operational planning, site analysis and architect, including teaching of architectural
other pre-design services; subjects and architectural computer-aided
design;
c. schematic design, design development,
contract documents and construction
phases including professional 5. "Structural Conceptualization" means the
consultancies; act of conceiving, choosing and developing the
type, disposition, arrangement and
d. preparation of preliminary, technical, proportioning of the structural elements of an
economic and financial feasibility studies of architectural work giving due consideration to
plans, models and project promotional safety, cost-effectiveness, functionality and
services; aesthetics;

e. preparation of architectural plans, 6. "Architectural Firm" means a sole


specifications, bill of materials, cost proprietorship, a partnership or a corporation
estimates, general conditions and bidding registered with the proper government
documents; agencies;

f. construction and project management, 7. "Authorship" refers to the author or authors


giving general management, administration, of a set of architectural plans or specifications
supervision, coordination and responsible who are in charge of their preparation, whether
direction or the planning, architectural made by them personally or under their
designing, construction, reconstruction, immediate supervision;
erection, enlargement or demolition,
renovation, repair, orderly removal, 8. "Board" refers to the Professional Regulatory
remodeling, alteration, preservation or Board of Architecture;
restoration of buildings or structures or
complex buildings, including all their 9. "Commission" means the Professional
components, sites and environs, intended Regulation Commission;
for private or public use;

g. the planning, architectural lay-outing and 10. . "Service Agreement" means a duly
utilization of spaces within and surrounding notarized written contract or equivalent
such buildings or structures, housing public instrument stipulating the scope of
design and community architecture, services and guaranteeing compensation of
architectural interiors and space planning, such services to be rendered by an architect
architectural detailing, architectural lighting, registered and licensed under this Act;
acoustics, architectural lay-outing of
mechanical, electrical, electronic, sanitary,
plumbing, communications and other utility 11. "Integrated and Accredited Professional
systems, equipment and fixtures; Organization" means the existing official
national organization of all architects of the
h. building programming, building Philippines in which all registered Filipino
administration, construction arbitration and architects shall be members without prejudice
architectural conservation and restoration; to membership in other voluntary professional
associations;
i. all works which relate to the scientific,
aesthetic and orderly coordination of all
12. . "Continuing Professional Development"
works and branches of the work, systems
refers to a sustaining and progressive learning
and process necessary for the production
process that maintains, enhances, or
of a complete building or structure, whether
increases the knowledge and continuing ability
for public or private use, in order to
of architects;
enhance and safeguard life, health and
e) Has never been convicted of any crime involving
13. "DTI" shall mean the Department of Trade moral turpitude.
and Industry; and
Section 6. Term of Office. – The members of the Board
14. "SEC" shall mean the Securities of Exchange shall hold office for a term of three (3) years after
Commission. 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
Article 2. Professional Regulatory Board of unexpired portion of the term only. Each member of the
Architecture Board may be reappointed for one full term of three (3)
years. Of the members of the Board first appointed under
Section 4. Creation and Composition of the this Act, one (1) member shall be appointed and hold office
Professional Regulatory Board. - There is hereby as chairman for three (3) years, one (1) member for two (2)
created a Professional Regulatory Board of Architecture, years, and one (1) member for one (1) year. Each member
hereinafter referred to as the Board, a collegial body of the Board shall qualify by taking the proper oath prior to
under the supervision and administrative control of the the performance of their duties. Provided, That the
Professional Regulation Commission, hereinafter referred incumbent members of the Board shall continue to serve
to as the Commission, to be composed of a chairman for the remainder of their term as members of the herein
and two (2) members appointed by the President of the created Professional Regulatory Board of Architecture until
Philippines from a lists of three (3) recommendees a new Board shall have been properly organized.
chosen from a list of five (5) nominees for each position
submitted to the Commission by the integrated and the Section 7. Powers and Functions of the Board - The
accredited professional organization of architects. The Board shall exercise the following specific powers,
Board shall be organized not later than six (6) months functions and responsibilities:
from the effectivity of this Act.
a. Prescribe and adopt the rules and regulations
Section 5. Qualifications of Members of the necessary for carrying out the provisions of this Act;
Professional Regulatory Board. - Each member shall
have at the time of his/her appointment, possess the b. Supervise the registration, licensure and practice of
following qualifications: architects;

a) be a citizen and resident of the Philippines; c. Administer oaths in connection with the
administration of this Act;
b) be a holder of a degree in Bachelor of Science in
Architecture conferred by a school, college or d. Issue, suspend, revoke, or reinstate the Certificate
university in the Philippines or abroad that is of Registration and the professional Identification
recognized and/or accredited by the Commission Card for the practice of the architecture profession;
on Higher Education (CHED);
e. Adopt an official seal of the Board;
c) be an architect with a valid Certificate of
Registration and Professional Identification Card f. Monitor the conditions affecting the practice of
and active practitioner of architecture for at least architecture and adopt such measures as may be
ten (10) years on the date of his/her deemed proper for the enhancement and
appointment; maintenance of high professional, ethical and
technical standards of the profession;
d) not be a member of the faculty of any good
school, college, university or review institution g. Prescribe and/or adopt the Code of Ethical Conduct
where a regular course or review course in and Standards of Professional Practice;
architecture is taught, nor have pecuniary interest
in such institution. No former member of the h. Hear and decide administrative cases involving
faculty of any school, institute, university or review violations of this Act, its implementing rules and
center where architecture is taught can become a regulations, the Code of Ethical Conduct and
member of the Board unless he/she had Standards of Professional Practice, and for this
officially resigned from such an institution and purpose, to issue subpoena ad testifcandum and
has completely stopped teaching, advising or subpoena duces tecum to secure the appearance
reviewing activities for at least five (5) years prior of witnesses and the production of documents in
to the nomination; and connection therewith: Provided, That the decision of
the Board shall, unless appealed to the
Commission, become final and executory after
fifteen (15) days from receipt of notice of judgment upon the recommendation of the Commission, after giving
or decision. The decision of the Commission may the concerned member an opportunity to defend himself in
be appealed to the Court of Appeals in accordance a proper administrative investigation to be conducted by
with the procedure under the Rules of Court; the Commission, may suspend or remove any member on
the following grounds:
i. Prescribe guidelines for the Continuing
Professional Development (CPD) program in a. Neglect of duty or incompetence;
consultation with the integrated and accredited b. Violation of tolerance of the violation of this Act, or
professional organization of architects: Provided, its implementing rules and regulations or the
That the attendance to said CPD shall not be a Code of Ethical Conduct and Standards of
mandatory requirement for the renewal of a Professional Practice;
professional license; c. Final judgment of crimes involving moral
turpitude; and;
j. Prepare, adopt, issue or amend the syllabi of the d. Manipulation or rigging of the architecture
subjects for examinations by determining and licensure examination results, disclosure of secret
preparing questions which shall be within the scope and confidential information in the examination
of the syllabi of the subject for examination as well questions prior to the conduct of the said
as administer, correct and release the results of the examination or tampering of grades.
licensure examinations;
Section 10. Compensation and Allowances of the Board. –
k. Approve, issue, limit or cancel temporary or special The chairman and members of the Board shall receive
permit to practice architecture; compensation and allowances comparable to that being
received by the chairman and members of existing
l. In coordination with the CHED, ensure that all regulatory Boards under the Commission as provided for in
higher educational instruction and offerings of the General Appropriations Act.
architecture comply with the policies, standards and
requirements of the course prescribed by the CHED Section 11. Annual Report. - The Board shall submit an
in the areas of curriculum, faculty, library and annual report to the Commission after the close of each
facilities; year giving a detailed account of its proceedings during the
year and making such recommendations as it may deem
m. To adopt a program for the full computerization of proper.
the licensure examination; and
Article 3. Examination, Registration and Licensure
n. Discharge such other duties and functions as may
be deemed necessary for the enhancement of the Section 12. Examination Required. All applicants for
architecture profession and the upgrading, registration for the practice of architecture shall be required
development and growth of the architecture to undergo a licensure examination to be given by the
education. Board in such places and dates as the Commission may
designate in accordance with the provisions of Republic
Act No. 8981.
The policies, resolutions, rules and regulations, issued or
promulgated by the Board shall be Subject to review and
Section 13. Qualifications of Applicant for Examination. -
approval of the Commission. However, the Board’s
Any person applying for examination shall establish to the
decisions, resolutions or orders rendered in administrative
satisfaction of the Board that:
cases shall be subject to review only if on
appeal.
a. He/she is a Filipino citizen or a citizen of a foreign
country qualified to take the examination as
Section 8. Administrative Supervision of the Board,
provided for in this Act;
Custodian of its Records, Secretariat and Support
Services. –The Board shall be under the administrative
b. He/she is of good moral character;
supervision of the Commission. All records of the Board,
including applications for examination, and administrative
c. He/she is a holder of a degree of Bachelor of
and other investigative cases conducted by the Board shall
Science in Architecture conferred by a school,
be under the custody of the Commission. The Commission
college, academy or institute duly recognized
shall designate the Secretary of the Board and shall
and/or accredited by the Commission on Higher
provide the secretariat and other support services to
Education (CHED) and in addition has a specific
implement the provisions of this Act.
record of at least two (2) years or equivalent of
diversified architectural experience duly certified
Section 9. Grounds of Suspension or Removal of
by a registered/licensed architect: Provided,
Members of the Board. - The President of the Philippines,
however, That an applicant holding a Master’s No. 66, in order that the Authority can effectively meet the
Degree in Architecture from a school, college, new challenge;
university or institute recognized by the
government shall be credited one (1) year in NOW, THEREFORE, I, FERDINAND E. MARCOS,
his/her practical experience; and President of the Philippines, by virtue of the powers vested
in me by the Constitution, do hereby decree and order:
d. He/she has not been convicted of any criminal
Section 1. Section 5 of Presidential Decree No. 66 is
offensive involving moral turpitude.
hereby amended to read as follows:
Section 14. Subjects for Examination. - The licensure
“Section 24. Title to Real Property. The public lands fixed
examination for architects shall cover, but are not limited
and delimited as the site of the foreign trade zone under
to, the following subjects:
Proclamation No. 629, series of 1969, Proclamation Nos.
899 and 939, both series of 1971, of the President of the
1. History and Theory of Architecture; Principles of
Philippines, shall be surveyed by the Bureau of Lands and
Planning and Architectural Practice;
conveyed thereafter in absolute ownership to the Authority
2. Structural Design, Building Materials, and
by the President of the Philippines for the nominal sum of
Architectural Specifications, and Methods of
one peso for each parcel of land being conveyed under
Construction and Utilities;
this section. Upon receipt of said deed of conveyance, the
3. Urban Design and Architectural Interiors; and
proper Register of Deeds shall register the same and issue
4. Architectural Design and Site Planning.
the corresponding original certificate of title to the
Authority. Likewise, the public land fixed and delimited as
The Board, subject to the approval of the Commission,
the site of a low-cost housing project for workers in the\
may revise or exclude any of the subjects and their
syllabi, and add new ones as the need arises to
Zone under Proclamation No. 740, series of 1970, as
conform to technological changes brought about by
amended by Proclamation No. 900, series of 1971, of the
continuing trends in the profession.
President of the Philippines shall be surveyed by the
Bureau of Lands and conveyed in absolute ownership by
Section 15. Rating in the Licensure Examination. - To be
the President of the Philippines to the Authority, the
qualified as having passed the licensure examination for
Government Service Insurance System and/or social
architects, a candidate must obtain a weighted general
Security System and in the manner hereinafter provided.
average of seventy percent (70%), with no grade lower
Upon receipt of the deed of conveyance, the proper
than fifty percent (50%) in any given subject.
Register of Deeds shall forthwith register the same and
issue the corresponding original certificates of title thereof.
Section 16. Report of Ratings.
The public land mentioned in Proclamation No. 740, series
Presidential Decree No. 545
of 1970, as amended by Proclamation No. 900, series of
AMENDING CERTAIN SECTIONS OF
1971, of the President of the Philippines, shall be disposed
PRESIDENTIAL DECREE NO. 66, “CREATING THE
of as follows: sixty hectares to the Authority upon payment
EXPORT PROCESSING ZONE AUTHORITY AND
to the Government the nominal sum of one peso, and the
REVISING REPUBLIC ACT. NO. 5490,” AND FOR
balance to the Government Service Insurance System
OTHER PURPOSES.
and/or Social Security System, in consideration for the
development of a portion thereof by the GSIS and/or SSS
Whereas, under Presidential Decree No. 66, dated
as may be necessary to accommodate the construction of
November 20, 1972, the Export Processing Zone Authority
standard housing unit, and/or condominium houses, which
was created to implement the national policy of promoting
the GSIS and/or SSS shall sell and convey, together with
the industrial development of the country through the
the title or interest over the land as it may appear upon
establishment of export processing zones;
conveyance thereof to the bona fide residents of Barrio
Nassco and Barrio Camaya, both in the Municipality of
Whereas, it is imperative that the development of
Mariveles, Bataan, as certified by the Authority: Provided,
the government-owned industrial estate at Limay, Bataan
that the price at which said housing units may be sold to
be integrated with the Bataan Export Processing Zone,
the aforementioned bona fide residents of Barrio Nassco
Mariveles, Bataan, in order to achieve maximum efficiency
and Barrio Camaya shall not include the site development
and economy;
cost thereof: Provided, further, That the GSIS and/or SSS
shall undertake the complete development of the residual
Whereas, the expanded responsibilities and area, including the area alloted to the Authority, into
activities of the Export Processing Zone Authority arising modern communities, always taking into account the policy
from the above-mentioned integration will require the of low cost housing as herein enunciated: Provided,
restructuring of the provisions of the Presidential Decree furthermore, That the land and/or housing units
constructed therein shall have worked therein continuously
for a period of at least five years, as certified by the
Authority: Provided, moreover, That where there are no
persons qualified to own said land and/or housing units,
the GSIS and/or SSS may hold on to said properties for as
long as they are not sold or disposed of, notwithstanding
the provisions of law to the contrary: Provided, finally, That
the Authority shall, in coordination with the GSIS and/or
SSS, administer, manage and operate the housing project,
and shall issue such rules and regulations as may be
necessary for the proper management and operation
thereof, including the utilization and disposition of the land
and/or housing units.

“Any law, proclamation, ordinance, rule or regulation to the


contrary notwithstanding, the Authority may transfer
absolute ownership of any portion or portions of the Zone
fixed and delimited under Proclamation No. 629, series of
1969, Proclamation Nos. 899 and 939, both series of 1971,
of the President of the Philippines, of such other zones as
may hereinafter be established pursuant to the provisions
of Sec. 11(b) hereof, to registered Zone enterprises
qualified to own lands under the Constitution, subject to
the approval of the President of the Philippines.

Section 3. The management and operation of the


industrial estate at Limay, Bataan is hereby transferred
from the Industrial Estate Corporation to the Export
Processing Zone Authority: Provided, That the Philippine
Exclusive Corporations now operating therein shall be
allowed to continue with its usual business operations,
transactions and activities, as authorized by law, subject to
such rules and regulations which the Authority may
prescribe.

Section 4. All laws, executive orders, proclamations, rules


and regulations or part thereof inconsistent with this
Decree are hereby repealed and/or modified accordingly.

Section 5. This Decree shall take effect upon its approval.

DONE in the City of Manila, this 28th day of August, in the


year of Our Lord, nineteen hundred and seventy-four.

REFERENCES:
http://www.gov.ph/1974/08/28/presidential-decree-no-
545-s-1974/
http://www.architectureboard.ph/7%20OTHER
%20LAWS,%20ETC28/701%20Old%20&%20New
%20Archt%20Laws/ra_no9266.htm

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