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Overview of RA 9266 and RA 545 Repeal

Republic Act No. 545, enacted on June 18, 1950, regulated architecture in the Philippines until it was repealed by Republic Act No. 9266 on April 13, 2004, which modernized the profession and established new standards. RA 9266 emphasizes public welfare, the regulation of architectural practice, and the creation of the Architectural Code, while also affirming the exclusivity of licensed architects to practice. The Supreme Court upheld the constitutionality of RA 9266 in 2008, reinforcing the authority of the Professional Regulatory Board of Architecture and the importance of protecting public health and safety.
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0% found this document useful (0 votes)
12 views6 pages

Overview of RA 9266 and RA 545 Repeal

Republic Act No. 545, enacted on June 18, 1950, regulated architecture in the Philippines until it was repealed by Republic Act No. 9266 on April 13, 2004, which modernized the profession and established new standards. RA 9266 emphasizes public welfare, the regulation of architectural practice, and the creation of the Architectural Code, while also affirming the exclusivity of licensed architects to practice. The Supreme Court upheld the constitutionality of RA 9266 in 2008, reinforcing the authority of the Professional Regulatory Board of Architecture and the importance of protecting public health and safety.
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History:
When it was repealed
1. RA 545 (Republic Act No. 545) was enacted on 18 June 1950. It was
authored by Senator Juan L. Mercado a notable Filipino legislator.
2. The RA 545 dealt primarily with the regulation of the practice of
architecture in the Philippines. Aims was repealed by Republic Act no. 26 of
1980 that established the new national constitution but is still in force The
Residential Architectural Act of 2004 also known as RA 9266 was enacted
on April 13 2004.
3. RA 9266 of the US Senate sought to modernize and enhance regulation for
architectural practice in the Philippines by introducing new policies and
provisions including the creation of a new professional regulatory board for
architecture and setting standards for architectural practice. As part of this
reform RA 9266 formally repealed RA 545 and replaced it with updated
standards for architects.
4. Key Points:
5. Ra 545 was enacted on 18 June 1950.
6. The law was authored by senator Juan L. Mercado.
7. The enactment of RA 9266 repealed RA 545 on April 13 2004.
Creation of RA9266
1. Section 2 of RA 9266, Declaration of Policy:
The need to modernize and professionalize the architectural profession is one
of the reasons RA 9266 was created, as explained in this section. It places a
strong emphasis on safeguarding the public interest, advancing architectural
education, elevating architects' professional practice, and raising practice
standards to keep up with worldwide competition.
Section 2: Policy Declaration:
"It is hereby declared the policy of the State to provide for the regulation and
licensing of the practice of architecture in the Philippines in order to promote
the public welfare, safeguard life, health, property, and ensure the quality of
designs and standards in the profession."
2. The Act's (Section 3 of RA 9266) goals are:
The main aims and objectives for the law's passage are particularly described
in this section. These include improving architectural practice and regulating
the field to satisfy both domestic and international standards.
Goals in Section 3:
"The objectives of this Act are: (a) To maintain the standards and to regulate
the practice of architecture in the Philippines; (b) To protect and promote the
welfare of the people by ensuring the adequacy, safety, and quality of designs
and architectural works; and (c) To enhance the global competitiveness of
Filipino architects."
3. Creation of the Architectural Code (Section 5 of RA 9266):
The Architectural Code of the Philippines was established in Section 5 of RA
9266, setting the foundation for the regulation of architectural practice in the
country. The Code was created to ensure that the profession meets
contemporary standards.
Section 5 - Creation of the Architectural Code:
"There is hereby established the 'Architectural Code of the Philippines,' which
shall be the guide and regulation for the practice of architecture in the
Philippines."
4. Repeal of RA 545 (Section 37 of RA 9266):
The repeal of RA 545, which was the previous law regulating architecture in
the Philippines, is specifically stated in Section 37 of RA 9266. This section
formally repeals RA 545 and makes the provisions of RA 9266 applicable to the
regulation of architectural practice moving forward.

Section 37 - Repeal of Republic Act No. 545:


"Republic Act No. 545 is hereby repealed."
Final Ruling
The final ruling of the Supreme Court on RA 9266 (Architectural Act of 2004)
occurred on April 28, 2008, in a case known as Philippine Institute of Architects
(PIA) vs. the Hon. Secretary of the Department of Labor and Employment
(DOLE).

In this case, the Supreme Court ruled in favor of RA 9266 and upheld its
constitutionality. The Court affirmed that the provisions of RA 9266 were valid,
particularly the following key points:

The Exclusivity of Architectural Practice: The Court upheld the provision of RA


9266 that mandates that only licensed architects are authorized to practice
architecture, which includes designing and overseeing the construction of
buildings and other structures. The ruling emphasized that architectural
services are a highly specialized profession and require formal education and
licensing.
Authority of the Professional Regulatory Board of Architecture (PRBoA): The
Court affirmed the authority of the Professional Regulatory Board of
Architecture (PRBoA) to regulate the practice of architecture and enforce the
standards set by RA 9266. The ruling clarified that the PRBoA has the power to
regulate the licensing and professional practice of architects.
Protection of Public Welfare: The Court reiterated that one of the main
purposes of RA 9266 was to protect public health, safety, and welfare by
ensuring that architecture practice meets high standards and only licensed
professionals are responsible for architectural designs and construction.

Date of Final Ruling:


April 28, 2008
Summary of Violations:
Unlawful Practice of Architecture (Section 32)
Violation: An architect or underboard Frech whose Act of engagement in the
practice of architecture without or in excess of his license. Architects are the
only persons that can legally offer architectural services which include but are
not limited to the design of buildings, oversight of construction and other
services of a professional nature.
Punishment: Fine and/or imprisonment, with possibility of the violator being
disqualified from practicing architecture.
Misleading Information About Professional Status (Section 32)
FAQ if violation occurs: A2: The Institute of Architects Of The Philippines (IAP)
or the Professional Regulatory Board (PRB) will file a complaint against the
architecture student or underboard who will misrepresent themselves as an
architect. However, if a person is used claiming to be a licensed architect or
providing professional architectural services then they are committing fraud
and breaking the law.
Sanctions: In the event of a guilty verdict, the person may be held criminally
liable and punished with imprisonment or fines (charges should be kept in the
register of criminals), as well as professionally disqualified.
Non Contravention on registering with the Professional Regulatory Board
(PRBoA) (Sec 17)
Misconduct: A graduating architecture major/underboard must register with
the Professional Regulatory Board of Architecture (PRBoA) in order to be able
to practice or be recognised as a professional architect. Registration or
licensure requirements are violated.
Potential Consequence: Disciplinary action may be taken against an individual
who practices architecture without being registered.
Exercising Professional Practice Without the Licensure Exam (Section 32)
Violation: An architecture student must not practice architecture before
becoming licensed. This is illegal as it engages in acts that are only permitted
to licensed architects.
Sentence 2: Professional practice prior to passing the licensure exam could
result in criminal penalties such as incarceration or a fine which could hinder
future licensure.
Section 30: Violation of Professional Ethics
Violation: Architecture students or underboard who directly or indirectly make
or accept the same free of charge or for a specific charge (bribe), perform
such work in accordance with practice standards or experience levels they do
not possess, or engage in practices that are deemed fraudulent or dishonest
pursuant to certain laws, will be in violation of the Code of Ethics based on the
provisions of RA 9266.
413-418] Alibaba did not credit this in the Certificate of Award/Meritorious
Award from the Professional Regulation Commission (PRC): Professional
Regulatory Board of Architecture (PRBoA) Code of Ethics as it could lead to
punishment and penalties.
Section 13: Failure to Meet the Requirements for Education Architecture
EXCEPTION: Architecture is a degree program that the Professional Regulation
Board of Architecture (PRBoA) and the Commission on Higher Education
(CHED) have identified to be pursued according to specific parameters and
clauses. Failure to comply with these rules or entering a non-accredited
program may become a violation.
Disciplinary Action: Students or institutions that violate educational
requirements may be barred from licensure, or the student may be ineligible
to sit for the licensure examination.
False Advertising of Services (Section 37)
Scope: Sale or advertising of energy efficiency equipment, goods, services or
practices without proper authorization by architecture students or underboard
individuals. It is illegal to advertise or use the title of “architect” before
licensure.
Punishment: A student or underboard cannot advertise professional services
dishonestly, which can lead to fines or disqualification from future licensure.
Failure to comply with Continuing Professional Development (CPD)
Requirements (Section 22)
Conviction: Architects must transition into compliance with CPD rules after
being licensed, so they continuously educate themselves with the most recent
developments and innovations in architecture. All those who later become
licensed as an underboard but failed to comply with the requirements on CPD
are in violation of the provisions of RA 9266.
Punishment: Those who violate can be sanctioned, including fines or the
suspension or revocation of license.

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