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REPUBLIC ACT NO.

9266 & ITS IRR Consulting architect


REPEALING CLAUSE - An architect who is professionally and
academically qualified and with exceptional
▪ RA 9266 repeals RA 545, otherwise known as
or recognized expertise or specialization in
"An Act To Regulate The Practice Of
any branch of architecture
Architecture In The Philippines”
- The Consulting Architect assumes no civil
FULL TITLE OF RA 9266 liability under Art. 1723 of the Civil Code
unless he/she attempts/succeeds to interfere or
▪ An act providing for a more responsive and
contravene the legal and professional
comprehensive regulation for the registration,
functions of the Architect- of-Record
licensing and practice of architecture
General practice of architecture
SECTION 1. TITLE
- The act of planning and architectural
▪ The Architecture Act of 2004
designing, structural conceptualization,
SECTION 2. STATEMENT OF POLICY specifying, supervising and giving
administration/direction to the erection,
▪ The State recognizes the importance of architects
enlargement or alterations of buildings
in nation building and development.
- The scientific, aesthetic and orderly
▪ Hence, it shall develop and nurture competent, coordination of all the processes which enter
virtuous, productive and well-rounded into the production of a complete building
professional architects whose standards of
Scope of the practice of architecture
practice and service shall be excellent, qualitative,
world-class and globally competitive. This shall (a) planning, architectural designing and
be done through inviolable, honest, effective and structural conceptualization;
credible licensure examinations and through
regulatory measures, programs and activities that (b) consultation, consultancy, giving oral
foster their professional growth and development. or written advice and directions,
conferences, evaluations, investigations,
Section 3. Definition of terms quality surveys, appraisals and
adjustments, architectural and operational
Architecture
planning, site analysis and other pre-
- The art, science or profession of planning, design services;
designing and constructing buildings in their
(c) schematic design, design development,
totality taking into account their environment,
contract documents and construction
in accordance with the principles of utility,
phases including professional
strength and beauty
consultancies;
Architect
(d) preparation of preliminary, technical,
- A person professionally and academically economic and financial feasibility studies of
qualified, registered and licensed under this Act plans, models and project p romotional
with a Certificate of Registration and Professional services;
Identification Card issued by the PRBOA and the
(e) preparation of architectural plans,
PRC and who is responsible for advocating the
specifications, bill of materials, cost
fair and sustainable development, welfare and
estimates, general conditions and bidding
cultural expression of society’s habitat in terms of
documents;
space, forms and historical context
(f) construction and project management,
Architect-of-record
giving general management,
- The architect who is directly and administration, supervision, coordination
professionally responsible for the total design and responsible direction or the planning,
of the project for the client and who shall architectural designing, construction,
assume the civil liability for the plans, specs, reconstruction, erection, enlargement or
and contract documents he/she has signed and demolition, renovation, repair, orderly
sealed removal, remodeling, alteration,
preservation or restoration of buildings
Architect-in-charge of construction
(g) the planning, architectural lay-outing
- An architect who is directly and professionally and utilization of spaces within and
responsible and liable for the construction surrounding such buildings or structures,
supervision of the project housing design and community
architecture, architectural interiors and in which all registered Filipino architects shall
space planning, architectural detailing, be members without prejudice to membership
architectural lighting, acoustics, in other voluntary professional associations
architectural lay-outing of mechanical,
CPD
electrical, electronic, sanitary, plumbing,
communications and other utility systems, - Stands for “Continuing Professional
equipment and fixtures; Development,” a sustaining and progressive
learning process that maintains, enhances, or
(h) building programming, building
increases the knowledge and continuing
administration, construction arbitration
ability of architects
and architectural conservation and
restoration; DTI
(i) all works which relate to the scientific, - Department of Trade and Industry
aesthetic and orderly coordination of all
works and branches of the work, systems SEC
and processes - Securities and Exchange Commission
(j) all other works, projects and activities Association
which require the professional competence
of an architect, including teaching of - Any formal grouping of two or more
architectural subjects and architectural architects or architectural firms working in
computer-aided design; joint venture on a project basis

Structural conceptualization Architectural company

- The act of conceiving, choosing and - Synonymous to Architectural Partnership


developing the type, disposition, arrangement
Architecture corporation
and proportioning of the structural elements of
an architectural work, giving due - A group of professionals in architecture and
consideration to safety, cost-effectiveness, allied professions, incorporated with
functionality and aesthetics Architects for the purpose of delivering
professional service in architecture and allied
Architectural firm
professions
- A sole proprietorship, a partnership or a - In case an existing Architectural Corporation
corporation registered with the proper does not comply with the 75% composition
government agencies requirement, it shall comply and register
again with the SEC and the BOA.
Authorship
Architectural documents
- the author or authors of a set of architectural
plans or specifications who are in charge of - Architectural drawings, specifications, and
their preparation whether made by them other outputs of an Architect that only an
personally or under their immediate Architect can sign and seal
supervision - Consists, among others, of vicinity maps, site
development plans, architectural program,
Board
perspective drawings, architectural floor
- The Professional Regulatory Board of plans, elevations, sections, ceiling plans,
Architecture (PRBOA) schedules, detailed drawings, technical
specifications and cost estimates, and other
Commission instruments of service in any form.
- Professional Regulation Commission (PRC) Architectural interiors
Service agreement - A detailed planning and design of the indoor
- A duly notarized written contract stipulating areas of any proposed building, including
the scope of services and guaranteeing retrofit or renovation work and which shall
compensation of such services to be rendered cover all architectural and utility aspects,
by an architect including the architectural lay-outing of all
building engineering systems found therein
IAPOA
Architectural partnership
- Integrated and Accredited Professional
Organization. The existing official national
organization of all architects of the Philippines
- A group of two or more Architects duly - Entities, agencies, organizations other than the
registered with the SEC and then with the IAPOA that have been accredited by the
Board of Architecture. PRBOA to deliver seminars, lectures, and
other continuing professional education
Architectural plans
modules for architects
- 2D representations reflecting a proposed
Diversified architectural experience
development showing elements such as
columns, walls, partitions, ceiling, stairs, - A post-baccalaureate, pre-licensure experience
doors, windows, floors, roof, room of two years required of a graduate of
designations, door and window call-outs, etc. architecture prior to taking the licensure
- The term may also collectively refer to other examination.
architectural designs such as sections,
Foreign architect
elevations, roof plan, RCP, door and window
schedules, and the like. - An architect who is not a Filipino citizen nor
an Architect registered and licensed in the
Buildings
Philippines, but who is duly registered and
- A structure for the purpose and function of licensed in his/her home country as an
habitation and other uses Architect.
Certificate of Registration Filipino counterpart

- A certificate bearing a registration number, - The local Philippine architect, partnership or


issued by the PRC through the PRBOA, corporation that must work in association with
signifying that the individual has successfully a foreign architect, partnership or corporation,
passed the licensure examination and is on a project on Philippine soil.
registered to practice his/her profession as
Ownership
Architect
- The proprietary rights to an architectural work
Code of Ethical Conduct
by a person who commissions the Architect.
- A document which contains the norms and Ownership of an architectural work shall only
principles governing the practice of the be confined to the use of the architectural
profession of architecture in the highest documents for executing the work for one or
standards of ethical conduct the original project.
- Ownership shall not apply to the use of the
Contract documents
architectural documents for repetitions or
- General conditions subsequent projects.
- Special provisions or conditions Planning
- Drawings
- Specifications - Physical Planning at site, community and
- Other bid documents urban level by an Architect

Copyright Physical Planner

- The intellectual property rights retained by an - Architect who specializes in the detailed
Architect over any architectural physical planning of land or property
documents/work that he/she prepares unless Physical Planning
there is a written stipulation to the contrary
- Copyright in a work of architecture shall - detailed physical planning of land or property
include the right to control the erection of any Professional
building which reproduces the whole or a
substantial part of the work either in its - A person whose name, registration, and
original form or in any form recognizably professional license number is entered in the
derived from the original PRC registry book and computerized database
- However, the copyright in any such work shall as one legally authorized to practice his
not include the right to control the profession.
reconstruction or rehabilitation in the same
Professional identification card
style as the original of a building to which the
copyright relates. - A document bearing the registration number,
date of issuance with an expiry date, due for
CPD providers
periodic renewal, issued to a registered
Architect upon payment of the annual IAPOA - Integrated Accredited Professional
registration fees for three (3) years Organization of Architects (the same as United
Architects of the Philippines, Inc.)
Site Planning
R.A NO. 8293 - Intellectual Property Code of the
- detailed site development planning of all areas
Philippines
surrounding a building/structure and/or a
group of buildings/structures but only within PRC – Professional Regulation Commission
the property limits of the land on which such
R.A. NO. 8981 – PRC Modernization Act of 2000
buildings/structures are to be erected
RLA – Registered and Licensed Architect
SPP
UAP – United Architects of the Philippines, Inc.
- “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
Urban Design
- physical and systemic design undertaken by
an Architect on a community and urban plane,
more comprehensive than, and an extension of
the architecture of buildings, spaces between
buildings, entourage, utilities and movement
systems.

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
• 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
• 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
SECTION 4. Creation and Composition of the interest in such institution
Professional Regulatory Board
Pecuniary
▪ RA 9266 provides for the creation of the - financial transactions
Professional Regulatory Board of Architecture
(PRBOA) • If a former teacher, must have officially
resigned and has completely stopped
▪ The Board is a collegial body under the teaching, advising or reviewing activities
supervision and administrative control of the for at least five years prior to the
Professional Regulation Commission (PRC) nomination
Collegial Body • Has never been convicted of any crime
involving moral turpitude
- Isang government entity
- Its power is vested within its Moral Turpitude
membership
- Conduct that is considered
- It cooperates within the group
contrary to community standards
BOARD COMPOSITION of justice, honesty or good morals.

▪ The board shall be composed of: - Example is estafa

• One chairman • Not an elective officer of the IAPOA and


other professional organization of
• Two members architects
▪ They shall be appointed by the President of the SECTION 6. Term of Office
Philippines from a list of three (3) recommendees
chosen from a list of five (5) nominees for each ▪ The members of the Board shall hold office for a
position submitted to the PRC by the IAPOA. term of three years after appointment or until
their successors shall have been appointed and
- IAPOA CHOOSE 5 TO BE duly qualified.
SUBMITTED TO PRC
- 5 NOMINEES WOULD BOILED ▪ Any vacancy occurring within the term of a
DOWN TO 3 member shall be filled for the unexpired portion
- IN THE 3 RECOMDEES FOR EACH of the term only.
POSITION THE PRESIDENT ▪ Each member of the Board may be reappointed
WOULD CHOOSE WHERE TO for one full term only
APPOINT
one full term only
CURRENT PRBOA
- Member can only serve 2 consecutive
▪ Chairman: Robert S. Sac terms and afterwards would be
▪ Member: Corazon V. Fabia- Tandoc appointed to new appointee

▪ Member: Robert M. Mirafuente ▪ Of the members of the Board first appointed


under RA 9266:
- One member shall be appointed and
SECTION 5. Qualifications of Members of the hold office as chairman for three years,
Professional Regulatory Board - One member for two years
▪ Each member of the Board shall possess the - One member for one year
following qualifications at the time of
appointment: Staggered Approach
-Each member has a different term ▪ Prepare, adopt, issue or amend the syllabi of the
length to ensure that the term of the subjects for examinations in consultation with the
members wont end at once academe
- to be able to maintain the
▪ Determine and prepare questions as well as
experience members while
administer, correct and release the results of the
allowing the introduction to new
licensure examinations
members overtime
▪ Approve, issue, limit or cancel temporary or
SECTION 7. Powers and functions of the Board
special permit to practice architecture
▪ Prescribe and adopt the IRR for RA 9266
▪ In coordination with the CHED, ensure that all
IRR higher educational instruction comply with the
policies, standards and requirements of the course
- Specific guidelines and detailed
prescribed by the CHED in the areas of
regulation to provided specifics on
curriculum, faculty, library and facilities
how the provision of RA 9266 are to
be implemented ▪ To adopt a program for the full computerization
of the licensure examination
▪ Supervise the registration, licensure and practice
of architects ▪ Discharge such other duties and functions as may
be deemed necessary for the enhancement of the
- Set qualification and requirement for architecture profession and the upgrading,
registration and licensure exam development and growth of the architecture
- Evaluate the qualification of applicants education.
▪ Administer oaths in connection with the SECTION 8. Administrative Supervision of the
administration of RA 9266 Board, Custodian of its Records, Secretariat and
▪ Issue, suspend, revoke, or reinstate the Certificate Support Services
of Registration and the Professional ID ▪ The Board shall be under the administrative
Suspension supervision of the PRC

- Temporary termination of professional ▪ All records of the Board, including applications


rights to practice for examination, examination questions, answer
sheets, and other records and documents
Revoke pertaining to licensure examination,
administrative and other investigative cases
- Permanent cancellation of professional
conducted by the Board shall be under the custody
rights to practice
of the PRC
Reinstate
▪ The PRC shall designate the Secretary of the
- Restoration of professional rights to Board and shall provide the secretariat and other
practice after a period of suspension or support services to implement the provisions of
revokation RA 9266.
▪ Adopt an official seal of the PRBOA SECTION 9. Grounds for suspension of PRBOA
members
▪ Monitor the conditions affecting the practice of
architecture and adopt measures for the ▪ The President of the Philippines, upon the
enhancement and maintenance of the standards of recommendation of the PRC and after giving the
the profession concerned member an opportunity to defend
himself in a proper administrative investigation,
▪ Prescribe and adopt the Code of Ethical Conduct
may suspend or remove any member on the
and Standards of Professional Practice;
following grounds:
▪ Hear and decide administrative cases involving
▪ Neglect of duty or incompetence
violations of RA 9266, the Code of Ethical
Conduct, and Standards of Professional Practice ▪ Violation or tolerance of violations of RA
9266, or its IRR or the Code of Ethical
▪ Prescribe guidelines for the Continuing
Conduct and Standards of Professional
Professional Development (CPD) program in
Practice
consultation with the IAPOA
▪ Final judgment of crimes involving moral
Note: The attendance to said CPD shall
turpitude
not be a mandatory requirement for the
renewal of a Professional ID
▪ 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
SECTION 10. Compensation and Allowances of the
Board
▪ The chairman and members of the Board shall
receive compensation and allowances comparable
to that being received by the chairman and
members of existing regulatory Boards under the
Commission as provided for in the General
Appropriations Act.
SECTION 11. Annual Report
▪ The Board shall submit an annual report to the
Commission after the close of each year giving a
detailed account of its proceedings during the year
and making such recommendations as it may
deem proper.
- Logbook of diversified architectural
experience
▪ Architect-Mentor Affidavit
▪ Photocopy of Architect-Mentor’s valid
Professional Identification Card, Professional Tax
Receipt (PTR) and IAPOA number
▪ 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
SECTION 12. Examination required misrepresentations made in applying for
registration or examination
▪ All applicants for registration for the practice of
architecture shall be required to undergo the SECTION 14. Subjects for examination
licensure examination
HISTORY OF ARCHITECTURE
Licensure Examination
THEORY OF ARCHITECTURE
- Probation RA 8981 PRC
ARCHITECTURAL PRACTICE
modernization act of 2000
THEORY/PRINCIPLES OF PLANNING
SECTION 13. Qualifications of Applicant for
Examination STRUCTURAL DESIGN
▪ A Filipino citizen or a citizen of a foreign country MATERIALS/CONSTRUCTION
qualified to take the examination as provided for
UTILITIES
in this IRR
URBAN DESIGN
- Under section 27 of rule 4 of the IRR
of RA 9266 ARCHITECTURAL INTERIORS
▪ Of good moral character DESIGN / SITE PLANNING
▪ A holder of the degree of BS Architecture REVISIONS TO THE SYLLABUS
conferred by a school, college, academy or
▪ The PRBOA, subject to the approval of the PRC,
institute duly recognized by CHED
may revise or exclude any of the subjects and
▪ Two years of diversified architectural their syllabi, and add new ones as the need arises
experience duly certified by an RLA to conform to technological changes brought
about by continuing trends in the profession.
Note: An applicant holding a Master’s
Degree in Architecture shall be credited with one
(1) year
SECTION 15. Rating in the examination
▪ Never been convicted of any criminal offense
▪ To be qualified as having passed the licensure
involving moral turpitude
examination for architects, a candidate must
REQUIRED DOCUMENTS obtain:
▪ NSO Birth Certificate • A weighted general average of seventy
percent (70%)
▪ NSO Marriage Contract for married female
applicants • No grade lower than fifty percent (50%)
in any given subject
▪ College Diploma with indication of date of
graduation SECTION 16. REPORT OF RATINGS
▪ Transcript of Records with indication of date of ▪ The Board shall submit to the Commission the
graduation ratings obtained by each candidate within thirty
(30) calendar days after the examination, unless
▪ Accomplished Diversified Training Forms (DT
extended for just cause.
Form 001 and 002)
▪ Upon the release of the results of the examination, ▪ Each registrant hereunder shall, upon registration,
the Board shall send by mail the rating received obtain a seal of such design as the Board shall
by each examinee at his/her given address using authorize and direct
the mailing envelope submitted during the
▪ It shall be unlawful for any one whose certificate
examination.
of registration has been revoked to stamp or seal
▪ Note: The report of rating may be any documents
distributed to the successful examinees
▪ No officer or employee of this Republic, chartered
during their mass oath taking as new
cities, provinces and municipalities shall accept or
registered and licensed architects.
approve any architectural plans or specifications
SECTION 17. OATH which have not been prepared and submitted in
full accord with all the provisions of RA 9266
▪ All successful candidates in the examination shall
be required to take an oath of profession prior to ▪ It shall be unlawful for any architect to sign
entering upon the practice of the profession. his/her name, affix his/her seal or use any other
method of signature on architectural plans,
SECTION 18. Issuance of certificates of registration
specifications or other documents made under
and ID
another architect’s supervision, unless the same
ISSUANCE is made in such manner as to clearly indicate the
part or parts of such work actually performed by
▪ A Certificate of Registration and Professional the former
Identification Card shall be issued to examinees
who pass the licensure examination ▪ Drawings and specifications duly signed, stamped
or sealed, as instruments of service, are the
CERTIFICATE OF REGISTRATION intellectual properties and documents of the
▪ The Certificate of Registration shall bear the architect, whether the object for which they are
signature of the chairperson of the Commission made is executed or not. It shall be unlawful for
and the chairman and members of the Board, any person, without the consent of the architect, to
stamped with the official seal of the Board and the duplicate or to make copies of said documents for
Commission, indicating that the person named use in the repetition of and for other projects or
therein is entitled to the practice of the profession buildings, whether executed partly or in whole
with all the privileges appurtenant thereto. ▪ All architectural plans, designs, specifications,
▪ The Certificate shall remain in full force and drawings and architectural documents relative to
effect until withdrawn, suspended or revoked. the construction of a building shall bear the seal
and signature only of an architect registered and
PROFESSIONAL ID licensed under RA 9266 together with his/her
▪ The Professional Identification Card shall professional identification card number and the
likewise be issued to every registrant who has date of its expiration
paid the prescribed fee of annual registration for ▪ The Board shall prescribe the design, size, and
three (3) years contents of the dry seal to be used in signing and
▪ The renewal of the said card shall be subject to sealing of architectural plans
payment of the annual registration fees for another SECTION 21. INDICATION OF CERTIFICATE OF
and every after three (3) years REGISTRATION, PRC ID, PTR
SECTION 19. ROSTER OF ARCHITECTS ▪ The architect shall be required to indicate the
▪ A roster showing the names and place of business number of his/her Certificate of Registration and
including other personal material and relevant Professional Identification Card with its date of
data of all registered professional architects shall issuance and the duration of validity, including the
be prepared and updated by the Board and copies professional tax receipt number on the documents
thereof shall be made available to any party as he/she signs, uses or issues in connection with the
may be deemed necessary. practice of his/her profession

SECTION 20. SEAL, ISSUANCE AND USE OF SECTION 22. Refusal to Issue Certificate of
SEAL Registration and Professional Identification Card

▪ A duly licensed architect shall affix the seal NON-ISSUANCE OF CERTIFICATE


prescribed by the Board bearing the registrant’s ▪ The Board shall not register and issue a
name, registration number and title “Architect” on Certificate of Registration and Professional
all architectural plans, drawings, specifications Identification Card to any person who:
and all other contract documents prepared by or
under his/her direct supervision
• Has falsely sworn or misrepresented • has aided or abetted in the practice of
himself/herself in his/her application for architecture of any person not duly
examination authorized to practice architecture in the
Philippines; or
• Is convicted by a court of competent
jurisdiction of a criminal offense involving • Has openly solicited projects by
moral turpitude or guilty of immoral and undertaking architectural services without
dishonorable conduct a valid service agreement and has allowed
himself/herself to be exploited by
• Is of unsound mind
undertaking architectural services without
▪ In the event of refusal to issue certificate for any a valid service agreement, both acts being
reason, the Board shall give the applicant a prejudicial to other architects
written statement setting forth the reasons for such
• Has violated any provision of RA 9266, its
action, which statement shall be incorporated in
implementing rules and regulations, the
the record of the Board
Code of Ethical Conduct and Standards of
▪ However, registration shall not be refused and a Professional Practice
name shall not be removed from the roster of
▪ Any person, firm or association, may prepare
architects on conviction for a political offense or
charges in accordance with the provisions of this
for an offense which should not, in the opinion of
section against any registrant
the Board disqualify a person from practicing
under RA 9266. ▪ Such charges shall be in writing and shall be
sworn to by the person making them and shall be
▪ The Board in the written statement shall state the
filed with the Secretary of the Board
period for the deferment of the registration if the
offense or act committed does not call for SECTION 24. Re-issuance or Replacement of
indefinite period and/or perpetual deprivation of Revoked or Lost Certificates of Registration,
the chance to register. Professional Identification Card or Special and
Temporary Permit
SECTION 23. Suspension and Revocation of
Certificates of Registration, Professional ▪ The Board may, after the expiration of two (2)
Identification Card or the Special/Temporary Permit years from the date of revocation, reinstate the
validity of a revoked Certificate of Registration
▪ The Board shall have the power, upon notice and
and in so doing may, in its discretion, exempt the
hearing, to suspend or revoke the validity of a
applicant from taking another examination
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
▪ 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;
• 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
▪ 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
▪ That person’s country must also unconditionally
recognize the degrees/diplomas issued by the
schools duly recognized by the Government of the
Philippines.
▪ 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
SECTION 25. Registration of Architects Required Philippines

▪ Only persons with a Certificate of Registration ▪ The foreign applicant must submit a letter or any
and be issued a Professional Identification Card document signed and under official seal by the
may: appropriate official of his country requesting the
Chairman of the Board Architecture to allow the
• Practice architecture in this country foreign applicant to take the licensure
examination
• Engage in preparing architectural plans,
specifications or preliminary data for the ▪ If the letter/document and the copy of the law
erection or alteration of any building submitted by the applicant is satisfactory to the
located within the boundaries of this Board, the foreign applicant shall be allowed to
country take the licensure examination for Architects by
requiring him to file an application to take the
• Use the title “Architect”, or display the
licensure examination and by submitting the
word “Architect” together with another
following documents:
word
▪ Any official document issued by the
• Display or use any title, sign, card,
Bureau of Immigration and Deportation
advertisement, or other device to indicate
allowing the applicant to enter and reside
such person practices or offers to practice
the Philippines;
architecture, or is an architect
▪ Passport
▪ A foreign architect or any person not authorized to
practice architecture in the Philippines who shall ▪ Original or authenticated copy of
perform any of the activities mentioned in transcript of records issued by the
Sections 3 and 4 shall be deemed engaged in the institution of higher learning where he
unauthorized practice of architecture and shall, studied, duly authorized by his country
therefore, be criminally liable under RA 9266 and
its IRR ▪ Other documents which may be required
to be submitted by the Board.
SECTION 26. Vested Rights. Architects Registered
When This Law is Passed SECTION 28. CONTINUING PROFESSIONAL
DEVELOPMENT (CPD)
▪ All architects registered at the time this law takes
effect shall automatically be registered under the ▪ To promote public interest and to safeguard life,
RA 9266, subject, however, to the provisions health and property, all practicing architects shall
regarding future requirements. maintain a program of continuing professional
development.
▪ Certificates of Registration and Professional
Identification Cards held by such persons in good ▪ The IAPOA shall have the responsibility of
standing shall have the same force and effect as developing a continuing professional development
though issued after the passage of RA 9266. program for architects. Other entities or
organizations may become CPD providers upon
SECTION 27. RECIPROCITY REQUIREMENTS accreditation by the Board.
SECTION 29.Prohibition in the practice of ▪ Such activity shall constitute unauthorized
architecture and penal clause practice of architecture which shall be
penalized in accordance with Section 29 of
▪ The following shall be guilty of misdemeanor
RA 9266.
(type of criminal offense):
PUBLIC OFFICIALS
• Any person who shall practice or offer to
practice architecture in the Philippines ▪ Any public official who shall order or
without being registered/licensed and who cause a non- architect to perform activities
are not holders of temporary or special which constitute practice of architecture
permits in accordance with the provisions shall be administratively liable and shall
of RA 9266 be guilty of misdemeanor and shall upon
conviction be sentenced in accordance
• Any person presenting or
with Section 30 of RA 9266.
attempting to use the Certificate of
Registration/Professional Identification SECTION 30.PROHIBITION IN THE PRACTICE
Card or seal of another or temporary or OF ARCHITECTURE
special permit,
▪ Any person or entity, whether public or private,
• Any person who shall give any false or Filipino or foreigner, who/which shall entice,
forged evidence of any kind to the Board compel, coerce, require or otherwise force an
or to any member thereof in obtaining a architect registered and licensed under RA 9266 to
Certificate of Registration/Professional undertake/perform any service under the general
Identification Card or temporary or special practice of architecture as defined under RA 9266,
permit without first executing a written contract/service
agreement shall be guilty of misdemeanor and
• Any person who shall falsely impersonate
shall, upon conviction be sentenced to a fine of
any registrant of like or different name,
not less than Two hundred thousand pesos
• Any person who shall attempt to use a (P200,000.00) or to suffer imprisonment for a
revoked or suspended Certificate of period not exceeding six (6) years, or both, at the
Registration/Professional Identification discretion of the Court.
Card or cancelled special/temporary
SECTION 31. LIABILITY OF REPRESENTATIVES
permit,
OF NON-REGISTERED PERSONS
• Any person who shall use in connection
▪ It shall be unlawful for any person or firm or
with his/her name or otherwise assume,
corporation to seek to avoid the provisions of RA
use or advertise any title or description
9266 by having a representative or employee seek
tending to convey the impression that
architectural work in their behalf, unless and until,
he/she is an architect when he/she is not an
such persons are duly qualified and duly
architect
registered/licensed.
• Any person whether Filipino or foreigner,
▪ Otherwise, both those represented and the
who knowingly allows the use, adoption,
representative, the employer and the employee
implementation of plans, designs or
shall be deemed guilty of violation of RA 9266.
specifications made by any person, firm,
partnership or company not duly licensed ▪ Solicitation of architectural work shall be
to engage in the practice of architecture, construed as offering to practice architecture and
it shall be unlawful for any non-registered and
• Any person who shall violate any of the
unlicensed persons to do so.
provisions of RA 9266, its implementing
rules and regulations, the Code of Ethical SEC. 32. Signing and Sealing of Architectural Plans,
Conduct and Standards of Professional Specifications, Architectural Permit and Other
Practice, or any policy of the Board and Contract Documents
the Commission
▪ It shall be unlawful for any architect to sign
GOVERNMENT EMPLOYEES his/her name, affix his/her seal on architectural
plans made under another architect’s supervision,
▪ Government employees and employees of
unless made in such manner as to clearly indicate
private firms or persons/entities who are
which parts of such work was actually performed
not registered and licensed architects shall
by the former
not perform architectural works in the
performance of their official function ▪ The authorized signature, official seal, PTR, PRC
without the direct supervision of a licensed registration number and the IAPOA membership
architect. number and Official Receipt (O.R.) number of the
Architect-of-Record stamped on architectural ▪ The government architect-of-record shall collect
plans signify his/her assumption of the mandated from the concerned national or local agency
15-year civil liability under Article 1723 of the including Government Owned and Controlled
Civil Code. Corporations (GOCC’s) an incentive pay to cover
civil liabilities in the equivalent amount of 1.5 %
▪ However, the Architect-of-Record should be
of the project cost of every project provided it
limited to architectural documents of a project and
shall not exceed 50% of his annual salary which
its liability does not extend to the professional
shall be paid upon full completion of the project.
responsibility nor civil liability of the other
The amount intended for the architect who
signing (sealing) professionals
prepared and signed the drawings and
SECTION 33. Ownership of Plans, Specifications and specifications shall be included in the Program of
Other Contract Documents Work.

▪ Drawings and specifications and other contract SECTION 36. COLLECTION OF PROFESSIONAL
documents duly signed, stamped or sealed, as FEES
instruments of service, are the intellectual
▪ It shall be unlawful for any unregistered person to
property and documents of the architect, whether
collect a fee for architectural services except as an
the object for which they are made is executed or
employee collecting a fee as representative of a
not. It shall be unlawful for any person to
Registered Architect.
duplicate or to make copies of said documents for
use in the repetition of and for other projects or SECTION 37. Limitation to the Registration of a
buildings, whether executed partly or in whole, Firm, Company, Partnership, Corporation or
without the written consent of architect or author Association
of said documents
▪ The practice of architecture is a professional
▪ All architects shall incorporate this provision in service, admission to which shall be determined
all contract documents and other instruments of upon the basis of individual personal
service qualifications.
SECTION 34. Non-Registered Person shall not Claim ▪ However, a firm, company, partnership,
Equivalent Service corporation or association may be registered or
licensed as such for the practice of architecture
▪ Persons not registered as an architect shall not
under the following conditions:
claim nor represent either services or work as
equivalent to those of a duly qualified registered ▪ Only Filipino citizens properly registered
architect, or that they are qualified for any branch and licensed as architects under RA 9266
or function of architectural practice, even though may, among themselves, or together with
no form of the title “Architect” is used allied technical professionals, form and
obtain registration as a firm, company,
SECTION 35. Positions in Government Requiring the
partnership, association or corporation for
Services of Registered and Licensed Architects
the practice of architecture;
▪ Within three (3) years from the effectivity of R.A.
▪ Registered and licensed architects shall
No. 9266, all existing and proposed positions in
compose at least seventy-five percent
the local and national government, whether career,
(75%) of the owners, shareholders,
permanent, temporary or contractual and
members, incorporators, directors,
primarily requiring the services of an architect
executive officers, as the case may be
shall be filled only by registered and licensed
architects. ▪ Individual members of such firm,
partnership, association or corporation
▪ All national and local agencies including
shall be responsible for their individual
Government Owned and Controlled Corporations
and collective acts as an entity and as
(GOCC’s) are prohibited to collapse existing
provided by law;
plantilla positions for architects for the purpose of
recreating the same to non-architect positions. ▪ Such firm, partnership, association, or
corporation shall be registered with the
▪ All existing plantilla positions in the national and
SEC and the PRBOA.
local government whose job description includes
the practice of architecture as defined under R.A. SECTION 38. Coverage of Temporary/Special
9266, shall be automatically reclassified as Permits
Architect positions and shall be accorded the
▪ Foreign nationals who have gained entry in the
salary pertaining to the latter in accordance with
Philippines to perform professional services as
salary standardization law.
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
▪ 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;
▪ 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;
▪ 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
▪ 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
SECTION 39.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
▪ 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
▪ 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;
▪ 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
▪ Some other functions, duties and responsibility as
SECTION 40. INTEGRATION OF THE may be prescribed by the BOA from time to time.
ARCHITECTURE PROFESSION
SECTION 41. Implementing Rules and Regulations
▪ The Architecture profession shall be integrated
into one national organization which shall be ▪ Within sixty (60) days after the effectivity of R.A.
accredited by the Board, subject to the approval No. 9266, the Board, subject to the approval of
by the Commission, as the integrated and the Commission and in coordination with
accredited professional organization of architects integrated and accredited professional
organization, shall adopt and promulgate such
▪ Such an organization shall be registered with the rules and regulations, Code of Ethical Conduct
SEC as a non-profit, non-stock corporation to be and Standards of Professional Practice, to carry
governed by by-laws providing for a democratic out the provisions of R.A. No. 9266 and which
election of its officials. shall be effective fifteen (15) days following their
publication in the Official Gazette or in two (2)
▪ An architect duly registered with the Board shall
major daily newspapers of general circulation.
automatically become a member of the integrated
and accredited professional organization of SECTION 42. Appropriations
architects and shall receive the benefits and
privileges provided for in R.A. 9266 upon ▪ The Chairperson of the Professional Regulation
payment of the required fees and dues. Commission shall immediately include in the
Commission’s programs the implementation of
▪ Membership in the integrated and accredited R.A. No. 9266, the funding of which shall be
professional organization of architects shall not be included in the annual General Appropriations
a bar to membership in other associations of Act.
architects.
▪ The amount necessary to carry out the initial
UAP AS IAPOA implementation of R.A. No. 9266 shall be charged
against the current year’s appropriations of the
▪ Pursuant to Board Resolution No. 3, Series of
Professional Regulation Commission. Thereafter,
2004, the United Architects of the Philippines,
such sums as may be necessary for the continued
Inc. is the existing integrated and accredited
implementation of R.A. No. 9266 shall be
professional organization of registered architects
included in the succeeding General
Appropriations Act (GAA).
SECTION 43. ACT NOT AFFECTING OTHER
PROFESSIONALS
▪ RA 9266 shall not be construed to affect or
prevent the practice of any other legally
recognized profession
SECTION 44. 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”.
▪ 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.
▪ 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.
SECTION 45. 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.
SECTION 46. 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.
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.
Article 17. The forms and solemnities of contracts,
wills, and other public instruments shall be governed
by the laws of the country in which they are executed.
Forms – structure and content of documents
Solemnities – formal procedure involve in
their executions
CHAPTER 2. HUMAN RELATIONS
Article 19. Every person must, in the exercise of his
rights and in the performance of his duties, act with
justice, give everyone his due, and observe honesty
and good faith.
Article 22. Every person who through an act of
performance by another, or any other means, acquires
or comes into possession of something at the expense
of the latter without just or legal ground, shall
return the same to him.
TITLE II OWNERSHIP
CHAPTER 1. OWNERSHIP in GENERAL
Article 427. Ownership may be exercised over things
or rights.
Article 428. The owner has the right to enjoy and
dispose of a thing, without other limitations than
those established by law.
The owner has also a right of action against the
holder and possessor of the thing in order to recover
it.
Article 435. No person shall be deprived of his
property except by competent authority and for
public use and always upon payment of just
compensation.
REPUBLIC ACT NO. 386 Deprived Property

An Act to Ordain and Institute The Civil Code of the - removing someone’s ownership or
Philippines possession of the property

- Signed last June 18, 1949 Article 437. The owner of a parcel of land is the
- Effective last august 30, 1950 owner of its surface and of everything under it, and
he can construct thereon any works or make any
- Composed of 2270 articles
plantations and excavations which he may deem
- Serve as primary source of private law proper, without detriment to servitudes and subject to
of our country special laws and ordinances. He cannot complain of
- Regulate family and property relation, the reasonable requirements of aerial navigation.
provide provision for legal principles
SECTION 2. Right of Accession with Respect to
and rules that governs various aspects
Immovable Property
of personal and proprietary rights
Immovable Property
Proprietary Rights
- Refers to the land and anything
- Legal rights and interest that an attached to it permanently, either
individual has in property or assets or by nature like trees or like human
intellectual creations intervention like buildings or
structure
CHAPTER 1. EFFECTS AND APPLICATION OF
LAWS Movable Property

Article 3. Ignorance of the law excuses no one from - Items that can be easily move or
compliance therewith. transferred from one place to
another
- “Ignorantia legis non excusat” - Not permanently attached to the
- means ignorance of the law land like vehicles or furniture
excuses not
Article 445. Whatever is built, planted or sown on Article 1156. An obligation is a juridical necessity to
the land of another, and the improvements or give, to do or not to do.
repairs made thereon, belong to the owner of the
Noncompliance= Legal Sanctions
land, subject to the provisions of the following
articles. Article 1157. Obligations arise from:
Article 449. He who builds, plants or sows in bad (1) Law;
faith on the land of another, loses what is built, (2) Contracts;
planted, or sown without right to indemnity. (3) Quasi-contracts;
(4) Acts or omissions punished by
SECTION 3. Right of Accession with Respect to Movable
law; and
Property
(5) Quasi-delicts.
Article 466. Whenever two movable things belonging
Article 1159. Obligations arising from contracts have
to different owners are, without bad faith, united in
the force of law between the contracting parties and
such a way that they form a single object, the owner
should be complied with in good faith.
of the principal thing acquires the accessory,
indemnifying the former owner thereof for its value. CHAPTER 2. NATURE AND EFFECT OF
OBLIGATIONS
TITLE III- CO-OWNERSHIP
Article 1170. Those who in the performance of their
Article 484. There is co-ownership whenever the
obligations are guilty of fraud, negligence, or delay,
ownership of an undivided thing or right belongs to
and those who in any manner contravene the tenor
different persons.
thereof, are liable for damages.
Article 490. Whenever the different stories of a
TITLE II. CONTRACTS
house belong to different owners, if the titles of
ownership do not specify the terms under which they Article 1305. A contract is a meeting of minds
should contribute to the necessary expenses and there between two persons whereby one binds himself,
exists no agreement on the subject, the following rules with respect to the other, to give something or to
shall be observed: render some service.
(1) The main and party walls, the roof and the Article 1306. The contracting parties may establish
other things used in common, shall be such stipulations, clauses, terms and conditions as
preserved at the expense of all the owners they may deem convenient, provided they are not
in proportion to the value of the story contrary to law, morals, good customs, public order, or
belonging to each; public policy.
(2) Each owner shall bear the cost of Article 1318. There is no contract unless the following
maintaining the floor of his story; the floor requisites concur:
of the entrance, front door, common yard
and sanitary works common to all, shall be 1. Consent of the contracting parties;
maintained at the expense of all the 2. Object certain which is the subject matter
owner's pro rata (in proportion); of the contract;
3. Cause of the obligation which is
(3) The stairs from the entrance to the first established.
story shall be maintained at the expense of
all the owners pro rata, with the exception Art. 1347. All things which are not outside the
of the owner of the ground floor; the stairs commerce of men, including future things, may be the
from the first to the second story shall be object of a contract. All rights which are not
preserved at the expense of all, except the intransmissible may also be the object of contracts.
owner of the ground floor and the owner All services which are not contrary to law, morals,
of the first story; and so, on successively. good customs, public order or public policy may
TITLE II. INTELLECTUAL CREATION likewise be the object of a contract.

Article 721. By intellectual creation, the following Art. 1348. Impossible things or services cannot be the
persons acquire ownership: object of contracts.

(1) The author with regard to his literary, SECTION 3. CAUSE OF CONTRACTS
dramatic, historical, legal, philosophical, Art. 1350. In onerous contracts the cause is
scientific or other work; understood to be, for each contracting party, the
Art. 722. The author and the composer, mentioned in prestation or promise of a thing or service by the
Nos. 1 and 2 of the preceding article, shall have the other; in remuneratory ones, the service or benefit
ownership of their creations even before the which is remunerated; and in contracts of pure
publication of the same. Once their works are beneficence, the mere liberality of the benefactor.
published, their rights are governed by the Copyright CHAPTER 4. REFORMATION OF INSTRUMENTS
laws.
Article 1359. When, there having been a meeting of
BOOK IV. OBLIGATIONS AND CONTRACTS the minds of the parties to a contract, their true
intention is not expressed in the instrument purporting CHAPTER 8. UNENFORCEABLE CONTRACTS
to embody the agreement, by reason of mistake, fraud,
Art. 1403. The following contracts are unenforceable,
inequitable conduct or accident, one of the parties may
unless they are ratified:
ask for the reformation of the instrument to the end
that such true intention may be expressed. If mistake, 1. Those entered into in the name of another
fraud, inequitable conduct, or accident has person by one who has been given no
prevented a meeting of the minds of the parties, the authority or legal representation, or who
proper remedy is not reformation of the instrument but has acted beyond his powers;
annulment of the contract.
CHAPTER 9. VOID AND INEXISTENT CONTRACTS
CHAPTER 5. INTERPRETATION OF CONTRACTS
Art. 1409. The following contracts are inexistent and
Article 1370. If the terms of a contract are clear and void from the beginning:
leave no doubt upon the intention of the contracting
parties, the literal meaning of its stipulations shall 1. Those whose cause, object or purpose is
control. contrary to law, morals, good customs,
public order or public policy;
Article 1377. The interpretation of obscure words or 2. Those which are absolutely simulated or
stipulations in a contract shall not favor the party fictitious;
who caused the obscurity. 3. Those whose cause or object did not exist
at the time of the transaction;
CHAPTER 6. RESCISSIBLE CONTRACTS
4. Those whose object is outside the
Art. 1385. Rescission creates the obligation to commerce of men;
return the things which were the object of the 5. Those which contemplate an impossible
contract, together with their fruits, and the price with service;
its interest; consequently, it can be carried out only 6. Those where the intention of the parties
when he who demands rescission can return whatever relative to the principal object of the
he may be obliged to restore. contract cannot be ascertained;
7. Those expressly prohibited or declared
Neither shall rescission take place when the things
void by law.
which are the object of the contract are legally in the
possession of third persons who did not act in bad TITLE XIV
faith. In this case, indemnity for damages may be CHAPTER 1. COMPROMISES
demanded from the person causing the loss.
Art. 2028. A compromise is a contract whereby the
CHAPTER 7. VOIDABLE CONTRACTS parties, by making reciprocal concessions, avoid a
litigation or put an end to one already commenced.
Art. 1390. The following contracts are voidable or
annullable, even though there may have been no
damage to the contracting parties:
1. Those where one of the parties is
incapable of giving consent to a contract;
2. Those where the consent is vitiated by CHAPTER 3. OTHER KINDS OF DAMAGES
mistake, violence, intimidation, undue
influence, or fraud. SECTION 3. LIQUEDATED DAMAGES

SECTION 3. CONTRACT FOR A PIECE OF WORK Art. 2226. Liquidated damages are those agreed
upon by the parties to a contract, to be paid in case of
Art. 1723. The engineer or architect who drew up breach thereof.
the plans and specifications for a building is liable
for damages if within fifteen years from the
completion of the structure, the same should collapse
by reason of a defect in those plans and specifications,
or 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 defects in
the construction or the use of materials of inferior
quality furnished by him, or due to any violation of
the terms of the contract.
If the engineer or architect supervises the
construction, he shall be solidarily liable with the
contractor. Acceptance of the building, after
completion, does not imply waiver of any of the
cause of action by reason of any defect mentioned in
the preceding paragraph. The action must be brought
within ten years following the collapse of the
building.

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