3: RA 9266
The Architecture Act Of 2004
An act providing for a more responsive and comprehensive
regulation for the registration, licensing, and practice of architecture
Approved on March 17, 2004
ARTICLES
I. General Provisions
II. Professional Regulatory Board of Architecture
III. Examination, Registration and Licensure
IV. Practice Of Architecture
V. Final Provisions
DEFINITION OF TERMS
ARCHITECTURE
- is the art, science, or profession of planning, designing, and
constructing buildings in their totality taking into account their
environment, in accordance with the principles of utility, strength, and
beauty
ARCHITECT
- a person professionally and academically qualified, registered and
licensed under R.A. No. 9266 with a Certificate of Registration and
Professional Identification Card issued by the Professional Regulatory
Board of Architecture and the Professional Regulation Commission
ARCHITECT-OF-RECORD
- architect registered and licensed under R.A. No. 9266, who is directly
and professionally responsible for the total design of the project for the
client and who shall assume the civil liability for the plans,
specifications, and contract documents he/she has signed and sealed
ARCHITECT-IN-CHARGE OF CONSTRUCTION
- an architect registered and licensed under R.A. No. 9266, who is
directly and professionally responsible and liable for the construction
supervision of the project
CONSULTING ARHITECT
- architect registered and licensed or permitted to practice under R.A. No.
9266, who is professionally and academically qualified and with
exceptional or recognized expertise or specialization in any branch of
architecture
SPECIALIZATION
- an expertise and special knowledge in the field of architecture acquired
by an Architect through formal education and training or through
continuing professional development and experience, for which the
Architect may be engaged as Consulting Architect
ARCHITECTURAL FIRM
- a sole proprietorship, a partnership or a corporation registered with the
DTI AND/OR SEC and then with the Board of Architecture and PRC
SOLE PROPRIETORSHIP
- an individual Architect practicing and delivering architectural services,
duly registered with the DTI, BOA and the PRC
AUTHORSHIP
- refers to the author or authors of a set of architectural plans or
specifications who are in charge of their preparation whether made by
them personally or under their immediate supervision
OWBERSHIP
- shall refer to proprietary rights to an architectural work such as plans,
designs and other documents by a person/ juridical entity who
commissions the Architect and whose ownership of an architectural
work by such a person/ juridical entity shall only be confined to the use
of the architectural documents for executing /implementing the work
described therein for one (1) or the original project
COPYRIGHT
- shall refer to the intellectual proprietary rights retained by an Architect
over any architectural documents/ work that he/she prepares unless
there is a written stipulation to the contrary
- a work of architecture shall include the right to control the erection of
any building which reproduces the whole or a substantial part of the
work either in its original form or in any form recognizably derived from
the original
SERVICE AGREEMENT
- a duly notarized written contract or equivalent public instrument
stipulating the scope of services and guaranteeing compensation of
such services to be rendered by an architect registered and licensed
under R.A. No. 9266
IAPOA
- Integrated Accredited Professional Organization of Architects (the same
as United Architects of the Philippines, Inc.)
- the existing official national organization of all architects of the
Philippines in which all registered Filipino architects shall be members
without prejudice to membership in other voluntary professional
associations
ASSOCIATION
- any formal grouping of two or more architects or architectural firms
working in joint venture on a project basis.
ARCHITECTURAL COMPANY
- means a juridical entity that shall be synonymous with an Architectural
Partnership (see definition of Architectural Partnership) registered with
the SEC
ARCHITECTURAL CORPORATION
- means a group of professionals in architecture and allied professions,
incorporated with Architects for the purpose of delivering professional
service in architecture and allied professions
ARCHITECTURAL PARTNERSHIP
- means a group of two or more Architects duly registered with the SEC
and then with the Board of Architecture
ARCHITECTURAL DOCUMENTS
- means an architectural drawings, specifications, and other outputs of an
Architect that only an Architect can sign and seal consisting, among
others, of vicinity maps, site development plans, architectural program,
perspective drawings, architectural floor plans, elevations, sections,
ceiling plans, schedules, detailed drawings, technical specifications and
cost estimates, and other instruments of service in any form
ARCHITECTURAL INTERIORS
- a detailed planning and design of the indoor/enclosed areas of any
proposed building/structure, including retrofit or renovation work and
which shall cover all architectural and utility aspects, including the
architectural lay-outing of all building engineering systems found therein
CONTRACT DOCUMENTS
- are the documents attached to the agreement identified therein as
Contract Documents, including all additions, deletions and modifications
incorporated therein. These generally include the following documents:
a. Special Provisions or conditions
b. General Conditions
c. Drawings
d. Specifications
e. Other Bid Documents
DIVERSIFIED ARCHITECTURAL EXPERIENCE
a postbaccalaureate, pre-licensure experience of two (2) years required
of a graduate of architecture prior to taking the licensure examination;
consisting of a variation of experiences in the different phases of
architectural service
FOREIGN ARCHITECT
means an architect who is not a Filipino citizen, nor an Architect
registered and licensed in the Philippines, but who is duly registered
and licensed in his/her home country as an Architect
FILIPINO COUNTERPART
the local Philippine architect, partnership or corporation that must work
in association with a foreign architect, partnership or corporation, on a
project on Philippine soil
EXAMINATION, REGISTRATION AND LICENSURE
SECTION 12
Examination Required
All applicants for registration for the practice of architecture shall be
required to undergo a licensure examination to be given by the Board in
such places and dates as the Commission may designate in accordance
with the provisions of Republic Act No. 8981
SECTION 13
Qualification of Applicant for Examination
Any person applying for examination shall establish to the satisfaction of the
Board that:
a. He/she is a Filipino citizen or a citizen of a foreign country qualified
to take the examination as provided for in Sec. 27, Art. IV of R.A.
No. 9266 as carried out by Sec. 27, Rule IV of this “IRR of the
Architecture Act of 2004”
b. He/she is of good moral character
c. He/she is a holder of the degree of Bachelor of Science in
Architecture conferred by a school, college, academy or institute
duly recognized and/or accredited by the Commission on Higher
Education (CHED)
d. at least two (2) years or equivalent of diversified architectural
experience duly certified by a registered/licensed architect:
Provided, however, that an applicant holding a Master’s Degree in
Architecture from a school, college, university or institute recognized
by the government shall be credited one (1) year in his/her practical
experience
e. He/she has not been convicted of any criminal offense involving
moral turpitude
The following documents shall be submitted in support of the above
requirements:
1. Certificate of Live Birth in National Statistics Office (NSO)
Security Paper
2. Marriage Contract in NSO Security Paper for married female
applicants
3. College Diploma with indication therein of date of graduation
and Special-Order Number unless it is not required
4. Baccalaureate Transcript of Records with indication therein of
date of graduation and Special-Order Number unless it is not
required
5. Accomplished Diversified Training (DT Form 001)
6. Accomplished Diversified Training (DT Form 002)
7. Architect-Mentor Affidavit
8. Photocopy of Architect-Mentor’s valid Professional Identification
Card, Professional Tax Receipt and IAPOA number
9. National Bureau of Investigation (NBI) Clearance
10. Other documents the Board may require.
4: RA 9266
The Architecture Act Of 2004
An act providing for a more responsive and comprehensive
regulation for the registration, licensing, and practice of architecture
Approved on March 17, 2004
Scope of the practice of architecture
planning, architectural designing, and structural conceptualization
consultation, quality surveys, site analysis
schematic design, design development, contract documents and
construction phases
preparation of preliminary, technical, economic and financial feasibility
studies
preparation of architectural plans, specifications, bill of materials, cost
estimates, general conditions and bidding documents
construction and project management, direction or the planning,
architectural designing, construction
the planning, architectural lay-outing and utilization of spaces within and
surrounding such buildings
building programming, building administration, construction arbitration,
and architectural conservation and restoration
all works which relate to the scientific, aesthetic, and orderly
coordination of all works
all other works, projects and activities which require the professional
competence of an architect, including teaching of architectural subjects
and architectural computer-aided design
Professional regulatory board of architecture: ORGANIZATION,
POWERS, AND FUNCTIONS
Composed of:
a chairman and
two (2) members appointed by the President of the Philippines from a
list of three (3) recommenders chosen from a list of five (5) nominees for
each position submitted to the Commission by the integrated and the
accredited professional organization of architects
Qualification of members of the professional REGULATORY
BOARD
be a citizen and a resident of the Philippines;
be a holder of a degree in Bachelor of Science in Architecture conferred
by a school, college or university in the Philippines or abroad that is
recognized and/or accredited by the Commission on Higher Education
(CHED)
be an architect with a valid Certificate of Registration and Professional
Identification Card and active practitioner of architecture for at least ten
(10) years on the date of his/her appointment
not be 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 interest in such institution. No
former member of the faculty of any school, institute, university or
review center where architecture is taught can become a member of the
Board
has never been convicted of any crime involving moral turpitude; and
not be an elective officer of the Integrated and Accredited Professional
Organization of Architects and other Professional Organization of
Architects.
TERM OF OFFICE
The members of the Board shall hold office for a term of three (3) years
after 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
unexpired portion of the term only.
Each member of the Board may be reappointed for one full term of three
(3) years.
Of the members of the Board first appointed under R.A. No. 9266, one
(1) member shall be appointed and hold office as chairman for three (3)
years, one (1) member for two (2) years, and one (1) member for one
(1) year.
Each member of the Board shall qualify by taking the proper oath prior
to the performance of their duties
Provided, That the incumbent members of the Board shall continue to
serve for the remainder of their term as members of the herein created
PRBOA until a new Board shall have been properly organized
Provided, further that the incumbent members of the Board may be
appointed as members of the First Board
Powers and functions of the board
Prescribe and adopt the “IRR of the Architecture Act of 2004” for
carrying out the provisions of R.A. No. 9266;
Supervise the registration, licensure and practice of architects;
Administer oaths in connection with the administration of R.A. No.9266;
Issue, suspend, revoke, or reinstate the Certificate of Registration and
the P.I.C. for the practice of the architecture profession
Adopt an official seal of the Board;
Monitor the conditions affecting the practice of architecture and adopt
such measures as may be deemed proper for the enhancement and
maintenance of high professional, ethical and technical standards of the
profession;
Hear and decide administrative cases involving violations of R.A. No.
9266 and for this purpose, to issue subpoena ad testificandum and
subpoena duces tecum to secure the appearance of witnesses and the
production of documents in connection therewith
Prescribe guidelines for the Continuing Professional Development
(CPD) program in consultation with the integrated and accredited
professional organization of architects:
Provided, That the attendance to said CPD shall not be a mandatory
requirement for the renewal of a professional Identification Card
Prepare, adopt, issue or amend the syllabi of the subjects for
examinations
In coordination with the CHED, ensure that all higher educational
instruction and offerings of architecture comply with the policies,
standards and requirements of the course prescribed by the CHED in
the areas of curriculum, faculty, library and facilities; Provided, That, for
the orderly implementation of this provision, the Board and the
Commission may enter into a Memorandum of Agreement with the
CHED.
To adopt a program for the full computerization
d of the licensure
examination;
Discharge such other d duties and functions as may be deemed
necessary for the enhancement of the architecture profession and the
upgrading, development and growth of the architecture education.
Administrative supervision of the board, custodian of its record,
secretariat and support services
The Board shall be under the administrative
d supervision of the
Commission.
All records of the Board, including applications for examination,
examination questions, answer dsheets, and other records and
documents pertaining to licensure examination,
d administrative and other
investigative cases
d conducted by the Board shall be under the custody
of the Commission.
The Commission shall designate the Secretary
d of the Board and shall
provide the secretariat and other support services to implement the
provisions of R.A. No. 9266.
Grounds for suspension or removal of members of the board
a) Neglect of duty or
d incompetence;
b) Violation or tolerance of d the violation of R.A. No. 9266, or its
implementing rules and regulations or the Code of Ethical Conduct and
Standards of Professional Practice;
c) Final judgment of crimesd involving moral turpitude; and
d) Manipulation or rigging of the architecture
d 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.
The Commission in the conduct of the investigation shall be guided by Sec.
7(s) of R.A. No. 8981.
Compensation and allowances of the board & annual report
The chairman and members of thedBoard 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.
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.