9461551
Description
Flashcards by Victoria Constantino, updated more than 1 year ago
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Created by Victoria Constantino
over 7 years ago
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| Question | Answer |
| AN ACT PROVIDING FOR A MORE RESPONSIVE AND COMPREHENSIVE REGULATION FOR THE REGISTRATION, LICENSING AND PRACTICE OF ARCHITECTURE, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 545, AS AMENDED, OTHERWISE KNOWN AS “AN ACT TO REGULATE THE PRACTICE OF ARCHITECTURE IN THE PHILIPPINES,” AND FOR OTHER PURPOSES | REPUBLIC ACT NO. 9266, |
| This Rules and Regulations shall be known as “THE RULES AND REGULATIONS IMPLEMENTING THE PROVISIONS OF REPUBLIC ACT NO. 9266”, otherwise known as “THE ARCHITECTURE ACT OF 2004”. For brevity, it may be cited as “IRR of the Architecture Act of 2004”. | SECTION 1: Title |
| The State recognizes the importance of architects in nation building and development. Hence, it shall develop and nurture competent, virtuous, productive and well-rounded professional architects whose standards of practice and service shall be excellent, qualitative, world-class and globally competitive through inviolable, honest, effective and credible licensure examinations and through regulatory measures, programs and activities that foster their professional growth and development. | SECTION 2. Statement of Policy. |
| 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; | sec 3: architecture |
| means 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, and who is responsible for advocating the fair and sustainable development, welfare and cultural expression of society’s habitat in terms of space, forms and historical context; | sec 3: architect |
| means the 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; | SEC 3: ARCHITECT OF RECORD |
| means 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 | SEC 3: ARCHITET-IN-CHARGE OF CONSTRUCTION |
| means the 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; | SEC 3: CONSULTING ARCHITECT |
| the act of planning and architectural designing, structural conceptualization, specifying, supervising and giving general administration and responsible direction to the erection, enlargement or alterations of buildings and building environments and architectural design in engineering structures or any part thereof; the scientific, aesthetic and orderly coordination of all the processes which enter into the production of a complete building or structure performed through the medium of unbiased preliminary studies of plans, consultations, specifications, conferences, evaluations, investigations, contract documents and oral advice and directions regardless of whether the persons engaged in such practice are residents of the Philippines or have their principal office or place of business in this country or another territory, and regardless of whether such persons are performing one or all these duties, or whether such duties are performed in person or as the directing head of an office or organization performing them; | SEC 3: “General Practice of Architecture” |
| encompasses the provision of professional services in connection with site, physical and planning and the design, construction, enlargement, conservation, renovation, remodeling, restoration or alteration of a building or group of buildings. Services may include, but are not limited to: | SEC 3: SCOPE OF ARCHITECTURE |
| planning, architectural designing and structural conceptualization | SEC 3: SCOPE OF ARCHITECTURE |
| consultation, consultancy, giving oral or written advice and directions, conferences, evaluations, investigations, quality surveys, appraisals and adjustments, architectural and operational planning, site analysis and other pre-design services; | SEC 3: SCOPE OF ARCHITECTURE |
| schematic design, design development, contract documents and construction phases including professional consultancies; | SEC 3: SCOPE OF ARCHITECTURE |
| preparation of preliminary, technical, economic and financial feasibility studies of plans, models and project promotional services; | SEC 3: SCOPE OF ARCHITECTURE |
| ) preparation of architectural plans, specifications, bill of materials, cost estimates, general conditions and bidding documents; | SEC 3: SCOPE OF ARCHITECTURE |
| construction and project management, giving general management, administration, supervision, coordination and responsible direction or the planning, architectural designing, construction, reconstruction, erection, enlargement or demolition, renovation, repair, orderly removal, remodeling, alteration, preservation or restoration of buildings or structures or complex buildings, including all their components, sites and environs, intended for private or public use; | SEC 3: SCOPE OF ARCHITECTURE |
| the planning, architectural lay-outing and utilization of spaces within and surrounding such buildings or structures, housing design and community architecture, architectural interiors and space planning, architectural detailing, architectural lighting, acoustics, architectural layouting of mechanical, electrical, electronic, sanitary, plumbing, communications and other utility systems, equipment and fixtures; | SEC 3: SCOPE OF ARCHITECTURE |
| building programming, building administration, construction arbitration and architectural conservation and restoration; | SEC 3: SCOPE OF ARCHITECTURE |
| all works which relate to the scientific, aesthetic and orderly coordination of all works and branches of the work, systems and processes necessary for the production of a complete building or structure, whether for public or private use, in order to enhance or safeguard life, health and property and the promotion and enrichment of the quality of life, the architectural design of engineering structures or any part thereof; and | SEC 3: SCOPE OF ARCHITECTURE |
| all other works, projects and activities which require the professional competence of an architect, including teaching of architectural subjects and architectural computer-aided design; | SEC 3: SCOPE OF ARCHITECTURE |
| means the act of conceiving, choosing and developing the type, disposition, arrangement and proportioning of the structural elements of an architectural work giving due consideration to safety, cost-effectiveness, functionality and aesthetics; | SEC 3: “Structural Conceptualization” |
| means a sole proprietorship, a partnership or a corporation registered with the DTI AND/OR SEC and then with the Board of Architecture and PRC; | SEC 3: “Architectural Firm” |
| 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; | SEC 3: AUTHORSHIP |
| refers to the Professional Regulatory Board of Architecture; | SEC 3: BOARD |
| ” means the Professional Regulation Commission; | SEC 3: COMMISSION |
| means 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; | SEC 3: “Service Agreement” |
| means 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; | SEC 3: “Integrated and Accredited Professional Organization” |
| refers to a sustaining and progressive learning process that maintains, enhances, or increases the knowledge and continuing ability of architects; | SEC 3: “Continuing Professional Development” |
| DTI | SEC 3: DEPARTMENT OF TRADE & INDUSTRY |
| SEC | SEC 3: SECURITIES AND EXCHANGE COMMISSION |
| any formal grouping of two or more architects or architectural firms working in joint venture on a project basis. | SEC 3: “Association” |
| means a juridical entity that shall be synonymous with an Architectural Partnership (see definition of Architectural Partnership) registered with the SEC. | SEC 3:“Architectural Company” |
| 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; in case an existing Architectural Corporation does not comply with the 75% composition requirement, it shall comply and register again with the SEC and the BOA | SEC 3:“Architecture Corporation” |
| 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. | SEC 3:“Architectural Documents” |
| means 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. | SEC 3: “Architectural Interiors” |
| means a group of two or more Architects duly registered with the SEC and then with the Board of Architecture | SEC 3: “Architectural Partnership” |
| means a structure for the purpose and function of habitation and other uses. | SEC 3: BUILDING |
| means a certificate bearing a registration number, issued to an individual, by the Professional Regulation Commission through the Board of Architecture, signifying that the individual has successfully passed the Licensure Examination and is registered to practice his/her profession as Architect. | SEC 3 “Certificate of Registration” |
| means a document which forms part of the Architects’ National Code which contains the norms and principles governing the practice of the profession of architecture in the highest standards of ethical conduct. | SEC 3 “Code of Ethical Conduct” |
| a registered and licensed Architect, who is academically and professionally qualified, and with exceptional or recognized expertise or specialization in any branch of architecture; the Consulting Architect assumes no civil liability under Art. 1723 of the Civil Code unless he/she attempts and/or succeeds to interfere or contravene the legal and professional functions of the Architect-of-Record; the Consulting Architect assumes the normal civil liability under the service agreement he/she signs with a Client. | SEC 3 “Consulting Architect” |
| 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 | SEC 3“Contract Documents” |
| 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, copyright in 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; however, the copyright in any such work shall not include the right to control the reconstruction or rehabilitation in the same style as the original of a building to which the copyright relates. | SEC 3“Copyright (or Copyright Ownership)” |
| means an entities, agencies, organizations and the like that have been accredited/registered with the Board of Architecture of the Professional Regulation Commission to deliver seminars, lectures, and other continuing professional education modules for architects, other than the Integrated Accredited Professional Organization of Architects which is automatically accredited by the Board of Architecture as a CPD Provider. | “CPD Providers” |
| a post-baccalaureate, 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. | “Diversified Architectural Experience” |
| 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. | “Foreign Architect |
| ” 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. | “Filipino Counterpart” |
| 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; ownership shall not apply to the use of a part of or of the entire architectural work/architectural documents to repetitions or to subsequent projects. | “Ownership” |
| refers to physical planning at site, community or urban level by an Architect. | “Planning” |
| refers to an Architect who specializes in the detailed physical planning of land or property on which vertical structures such as buildings and/or structures and horizontal developments such as rights-of-way, open spaces and recreational/ sports/ entertainment/ tourism and related facilities are to be proposed. | “Physical Planner” |
| he detailed physical planning of land or property on which vertical structures such as buildings, monuments and/or structures and horizontal developments such as rights-of-way, open spaces and recreational/ sports/ establishments/ tourism and related facilities are to be proposed. | “Physical Planning” |
| refers to a person whose name and registration/professional license number is entered in the Professional Regulation Commission registry book and computerized database as one legally authorized to practice his profession. | “Professional” |
| a document bearing the registration number, date of issuance with an expiry date, due for periodic renewal, duly signed by the Chairperson of the PRC to a registered Architect upon payment of the annual registration fees for three (3) years. | “Professional Identification Card” |
| the detailed site development planning of all areas surrounding a building/structure and/or a group of buildings/structures but only within the property limits of the land on which such buildings/structures are to be erected. | “Site Planning” |
| means a document embodied in the Architects National Code, which defines all aspects of professional service, prescribes minimum basic fees and establishes the rights and obligations of both the Architect and the client. | “Standards of Professional Practice” |
| 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. | Specialization” a |
| the outlines embodying topics and concepts of major subjects prescribed in specific course of study to serve as basis for test questions in the licensure examinations. | “Syllabi” |
| refers to contracts or arrangements involving the transfer of systematic knowledge for the manufacture of a product, the application of a process, or rendering of a service including management contracts; and the transfer, assignment or licensing of all forms of intellectual property rights. | “Technology Transfer |
| 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 | “Urban Design” |
| ARCHITECTURE ACT OF 2004 | R.A. No. 9266 |
| BOA | Board of Architecture |
| CHED | Commission on Higher Education |
| CIAC | Construction Industry Arbitration Commission |
| CPD | Continuing Professional Development |
| DOLE | Department of Labor and Employment |
| DTI | Department of Trade and Industry |
| IAPOA | Integrated Accredited Professional Organization of Architects (the same as United Architects of the Philippines, Inc.) |
| Intellectual Property Code of the Philippines | R.A. No. 8293 |
| PCAB | Philippine Contractors Accreditation Board |
| PDCB | Philippine Domestic Construction Board |
| PRB | Professional Regulatory Board (the same as BOA for the profession of architecture) |
| PRC | Professional Regulation Commission |
| PRC Modernization Act of 2000 | R.A. No. 8981 |
| SEC | Securities and Exchange Commission |
| UAP | United Architects of the Philippines, Inc |
| There is hereby created a Professional Regulatory Board of Architecture, hereinafter referred to as the Board, a collegial body under the supervision and administrative control of the Professional Regulation Commission, hereinafter referred to as the Commission, is composed of a chairman and two (2) members appointed by the President of the Philippines from a list of three (3) recommendees 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. The Board shall be organized not later than six (6) months from the effectivity of the Architecture Act of 2004. | SECTION 4. Creation and Composition of the Professional Regulatory Board |
| Each Member shall, at the time of his/her appointment, possess the following qualifications: (a) be a citizen and a resident of the Philippines; (b) 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); (c) 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; (d) 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 unless he/she had officially resigned from such an institution and has completely stopped teaching, advising or reviewing activities for at least five (5) years prior to th | SECTION 5. Qualifications of Members of the Professional Regulatory Board |
| 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 Page 8 of 24 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 Professional Regulatory Board of Architecture 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. | SECTION 6. Term of Office |
| The Board shall exercise the following specific powers, functions and responsibilities: (a) Prescribe and adopt the “IRR of the Architecture Act of 2004” for carrying out the provisions of R.A. No. 9266; (b) Supervise the registration, licensure and practice of architects; (c) Administer oaths in connection with the administration of R.A. No. 9266; (d) Issue, suspend, revoke, or reinstate the Certificate of Registration and the Professional Identification Card for the practice of the architecture profession; (e) Adopt an official seal of the Board; (f) 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; (g) Prescribe and/or adopt the Code of Ethical Conduct and Standards of Professional Practice; (h) Hear and decide administrative cases involving violations of R.A. No. 9266, the “IRR of the Architecture Act of 2004”, the Code of Ethical Conduct and Standards of Professional Practice and for this purpose, to issue subpoe | SECTION 7. Powers and Functions of the Board |
| The Board shall be under the administrative supervision of the Commission. All records of the Board, including applications for examination, examination questions, answer sheets, and other records and documents pertaining to licensure examination, administrative and other investigative cases conducted by the Board shall be under the custody of the Commission. The Commission shall designate the Secretary of the Board and shall provide the secretariat and other support services to implement the provisions of R.A. No. 9266. | SECTION 8. Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support Services |
| The President of the Philippines, upon the recommendation of the Commission, after giving the concerned member an opportunity to defend himself in a proper administrative investigation to be conducted by the Commission, may suspend or remove any member on the following grounds: (a) Neglect of duty or incompetence; (b) Violation or tolerance of 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 crimes involving moral turpitude; and (d) 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. The Commission in the conduct of the investigation shall be guided by Sec. 7(s) of R.A. No. 8981. | SECTION 9. Grounds for Suspension or Removal of Members 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 10. Compensation and Allowances of the Board |
| 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. | SECTION 11. Annual Report |
| 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 12. Examination Required |
| 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) and in addition has a specific record of 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; and (d) He/she has not been convicted of any criminal offense involving moral turpitude. The following documents shall be submitted in su | SECTION 13. Qualifications of Applicant for Examination |
| SECTION 14. Subjects for Examination | (1) History and Theory of Architecture; Principles of Planning and Architectural Practice (2) Structural Design, Building Materials, and Architectural Specifications, and Methods of Construction and Utilities; (3) Urban Design and Architectural Interiors (4) Architectural Design and Site Planning |
| The Board shall submit to the Commission the ratings obtained by each candidate within thirty (30) calendar days after the examination, unless extended for just cause. Upon the release of the results of the examination, the Board shall send by mail the rating received by each examinee at his/her given address using the mailing envelope submitted during the examination: Provided, That, the report of rating may be distributed to the successful examinees during their mass oathtaking as new registered and licensed architects | SECTION 16. Report of Ratings |
| All successful candidates in the examination shall be required to take an oath of profession before any member of the Board, any government official authorized by the Commission pursuant to Sec. 7(k) of R.A. No. 8981 or any person authorized by law to administer oaths, prior to entering upon the practice of the profession. | SECTION 17. Oath |
| A certificate of Registration and Professional Identification Card shall be issued to examinees who pass the licensure examination subject to payment of fees prescribed by the Commission. The Certificate of Registration shall bear the signature of the chairperson of the Commission and the chairman and members of the Board, stamped with the official seal of the Board and the Commission, indicating that the person named therein is entitled to the practice of the profession with all the privileges appurtenant thereto. The said certificate shall remain in full force and effect until withdrawn, suspended or revoked in accordance with R.A. No. 9266. A Professional Identification Card bearing the registration number, date of issuance, expiry date, duly signed by the chairperson of the Commission, shall likewise be issued to every registrant who has paid the prescribed fee of annual registration for three (3) years; Provided, That, the reissuance or renewal of the said card shall be subject to payment of the annual registration fees for another and every after three (3) years. | SECTION 18. Issuance of Certificates of Registration and Professional Identification Card |
| A roster showing the names and place of business including other personal material and relevant data of all registered professional architects shall be prepared and updated by the Board and copies thereof shall be made available to any party as may be deemed necessary. | SECTION 19. Roster of Architects |
| A duly licensed architect shall affix the seal prescribed by the Board bearing the registrant’s name, registration number and title “Architect” on all architectural plans, drawings, specifications and all other contract documents prepared by or under his/her direct supervision. (1) Each registrant hereunder shall, upon registration, obtain a seal of such design as the Board shall authorize and direct. Architectural plans and specifications prepared by, or under the direct supervision of a registered architect shall be stamped with said seal during the life of the registrants certificate, and it shall be unlawful for any one to stamp or seal any documents with said seal after the certificate of the registrant named thereon has expired or has been revoked, unless said certificate shall have been renewed or re-issued. (2) No officer or employee of this Republic, chartered cities, provinces and municipalities, now or hereafter charged with the enforcement of laws, ordinances or regulations relating to the construction or alteration of buildings, shall accept or approve any architectural | SECTION 20. Seal, Issuance and Use of Seal |
| The architect shall be required to indicate the number of his/her Certificate of Registration and Professional Identification Card (PIC) with its date of issuance and the duration of validity, including the professional tax receipt number which the City/Municipal Treasurer shall issue to the registered architect upon presentation of his/her current PIC, on the documents he/she signs, uses or issues in connection with the practice of his/her profession. | SECTION 21. Indication of Certificate of Registration/Professional Identification Card and Professional Tax Receipt |
| The Board shall not register and issue a Certificate of Registration and Professional Identification Card to any person who has falsely sworn or misrepresented himself/herself in his/her application for examination or to any person convicted by a court of competent jurisdiction of a criminal offense involving moral turpitude or guilty of immoral and dishonorable conduct or to any person of unsound mind. In the event of refusal to issue certificate for any reason, the Board shall give the applicant a written statement setting forth the reasons for such action, which statement shall be incorporated in the record of the Board: Provided, however, That registration shall not be refused and a name shall not be removed from the roster of architects on conviction for a political offense or for an offense which should not, in the opinion of the Board, either from the nature of the offense or from the circumstances of the case, disqualify a person from practicing under R.A. No. 9266. | SECTION 22. Refusal to Issue Certificate of Registration and Professional Identification Card Th |
| The Board shall have the power, upon notice and hearing, to suspend or revoke the validity of a Certificate of Registration/Professional Identification Card, or shall cancel a special permit granted under R.A. No. 9266 to an architect, on any ground mentioned under Section 22 hereof for the use of or perpetuation of any fraud or deceit in obtaining a Certificate of Registration and Professional Identification Card or special/temporary permit; for gross negligence or incompetence; for unprofessional or dishonorable conduct; or for any cause specified hereunder; Provided, however, That such action of the Board shall be subject to appeal to the Commission whose decision shall be final if he/she: (a) has signed and affixed or permitted to be signed or affixed his name or seal on architectural plans and designs, specifications, drawings, technical reports, valuation, estimates, or other similar documents or work not prepared by him/her or not executed under his/her immediate supervision; or (b) has paid money except the regular fees provided for to secure a Certificate of Registration; or | SECTION 23. Suspension and Revocation of Certificates of Registration, Professional Identification Card or the Special/Temporary Permit |
| The Board may, after the expiration of two (2) years from the date of revocation of a Certificate of Registration, Professional Identification Card or special/temporary permit, and upon application and for reasons deemed proper and sufficient, reinstate the validity of a revoked Certificate of Registration and in so doing may, in its discretion, exempt the applicant from taking another examination. The Board shall issue a Resolution, subject to approval by the Commission, in granting a petition for reinstatement to the practice of architecture. | SECTION 24. Re-issuance or Replacement of Revoked or Lost Certificates of Registration, Professional Identification Card or Special and Temporary Permit |
| No person shall practice architecture in this country, or engage in preparing architectural plans, specifications or preliminary data for the erection or alteration of any building located within the boundaries of this country, or use the title “Architect”, or display the word “Architect” together with another word, or display or use any title, sign, card, advertisement, or other device to indicate such person practices or offers to practice architecture, or is an architect, unless such person shall have received from the Board a Certificate of Registration and be issued a Professional Identification Card in the manner hereinafter provided and shall thereafter comply with the provisions of R.A. No. 9266. A foreign architect or any person not authorized to practice architecture in the Philippines, who shall stay in the country and perform any of the activities mentioned in Sections 3 and 4 of R.A. No. 9266, or any other activity analogous thereto, in connection with the construction of any building/structure/edifice or land development project, shall be deemed engaged in the unauthori | SECTION 25. Registration of Architects Required |
| All architects registered at the time this law takes effect shall automatically be registered under the provisions hereof, subject, however, to the provisions herein set forth as to future requirements. Certificates of Registration and Professional Identification Cards held by such persons in good standing shall have the same force and effect as though issued after the passage of R.A. No. 9266. | SECTION 26. Vested Rights. Architects Registered When This Law is Passed |
| A person who is not a citizen of the Philippines at the time he/she applies to take the examination shall not be allowed to take the licensure examination unless he/she can prove, in the manner provided by the Rules of Court that, by specific provision of law, the country of which he/she is a citizen, subject or national 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, subjects or nationals of the country concerned, including the unconditional recognition of prerequisite degrees/diplomas issued by the institutions of learning duly recognized for the purpose 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 Philippines by presenting/submitting a letter or any document signed and under official seal by the ap | SECTION 27. Reciprocity Requirements |
| To promote public interest and to safeguard life, health and property, all practicing architects shall maintain a program of continuing professional development. The integrated and accredited professional organization shall have the responsibility of developing a continuing professional development program for architects. Other entities or organizations may become CPD providers upon accreditation by the Board. A program of Continuing Professional Development (CPD) shall be maintained through an overall CPD program for architects developed by the United Architects of the Philippines, Inc. Such a program shall be formulated by the Continuing Professional Education (CPE) Council for Architects based on the existing guidelines of the Professional Regulation Commission with levels of compliance and proficiency evaluation as a rating factor. Accreditation of CPD/CPE providers by the Board of Architecture shall be based on the said guidelines. | SECTION 28. Continuing Professional Development (CPD) |
| Any person who shall practice or offer to practice architecture in the Philippines without being registered/licensed and who are not holders of temporary or special permits in accordance with the provisions of R.A. No. 9266, or any person presenting or attempting to use as his/her own the Certificate of Registration/Professional Identification Card or seal of another or temporary or special permit, or any person who shall give any false or forged evidence of any kind to the Board or to any member thereof in obtaining a Certificate of Registration/Professional Identification Card or temporary or special permit, or any person who shall falsely impersonate any registrant of like or different name, or any person who shall attempt to use a revoked or suspended Certificate of Registration/Professional Identification Card or cancelled special/temporary permit, or any person who shall use in connection with his/her name or otherwise assume, use or advertise any title or description tending to convey the impression that he/she is an architect when he/she is not an architect, or any person wh | SECTION 29. Prohibition in the Practice of Architecture and Penal Clause |
| Any person or entity, whether public or private, Filipino or foreigner, who/which shall entice, compel, coerce, require or otherwise force an architect registered and licensed under R.A. No. 9266 to undertake/perform any service under the general practice of architecture as defined under R.A. No. 9266, without first executing a written contract/service agreement, shall be guilty of a misdemeanor and shall, upon conviction be sentenced to a fine of not less than Two hundred thousand pesos (P200,000.00) or to suffer imprisonment for a period not exceeding six (6) years, or both, at the discretion of the Court. | SECTION 30. Prohibition in the Practice of Architecture |
| t shall be unlawful for any person or firm or corporation to seek to avoid the provisions of R.A. No. 9266 by having a representative or employee seek architectural work in their behalf, unless and until, such persons have duly qualified and duly registered/licensed, otherwise, both those represented and the representative, the employer and the employee shall be deemed guilty of violation of R.A. No. 9266. Solicitation of architectural work shall be construed as offering to practice architecture and shall be unlawful for any non-registered and unlicensed persons to do so. | SECTION 31. Liability of Representatives of Non-Registered Persons |
| It shall be unlawful for any architect to sign his/her name, affix his/her seal, or use any other method of signature on architectural plans, specifications or other contract documents made under another architect’s supervision, unless the same is made in such manner as to clearly indicate the part or parts of such work actually performed by the former, and shall be unlawful for any person, except the Architect-of record shall be fully responsible for all architectural plans, specifications, and other documents issued under his/her seal or authorized signature. | SEC. 32. Signing and Sealing of Architectural Plans, Specifications, Architectural Permit and Other Contract Documents |
| Drawings and specifications and other contract documents duly signed, stamped or sealed, as instruments of service, are the intellectual property and documents of the architect, whether the object for which they are made is executed or not. It shall be unlawful for any person to duplicate or to make copies of said documents for use in the repetition of and for other projects or buildings, whether executed partly or in whole, without the written consent of architect or author of said documents | SECTION 33. Ownership of Plans, Specifications and Other Contract Documents |
| Persons not registered as an architect shall not claim nor represent either services or work as equivalent to those of a duly qualified registered architect, or that they are qualified for any branch or function of architectural practice, even though no form of the title “Architect” is used. | SECTION 34. Non-Registered Person shall not Claim Equivalent Service |
| Within three (3) years from the effectivity of R.A. No. 9266, all existing and proposed positions in the local and national government, whether career, permanent, temporary or contractual and primarily requiring the services of an architect shall be filled only by registered and licensed architects. | SECTION 35. Positions in Government Requiring the Services of Registered and Licensed Architects |
| It shall be unlawful for any unregistered person to collect a fee for architectural services except as an employee collecting a fee as representative of a Registered Architect. | SECTION 36. Collection of Professional Fees |
| The practice of architecture is a professional service, admission to which shall be determined upon the basis of individual personal qualifications. However, a firm, company, partnership, corporation or association may be registered or licensed as such for the practice of architecture under the following conditions | SECTION 37. Limitation to the Registration of a Firm, Company, Partnership, Corporation or Association |
| Foreign nationals who have gained entry in the Philippines to perform professional services as architects or consultants in foreign-funded or assisted projects of the government or employed or engaged by Filipino or foreign contractors or private firms, shall, before assuming the duties, functions and responsibilities as architects or consultants, 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: Provided, That a foreign national or foreign firm, whose name or company name, with the title architect, architectural consultant, design consultant, consultant or designer appears on architectural plans, specifications and other related construction documents, for securing building permits, licenses and government authority clearances for actual building project construction in the Philippines and advertisements and billboards for marketing purposes, shall be deemed practicing architecture in the Philippines, whether the contract for professional services is | SECTION 38. Coverage of Temporary/Special Permits |
| Foreign nationals, including former Filipinos wanting to engage in the general practice of architecture as defined in Section 3 (c) of R.A. No. 9266 must secure locally their professional liability insurance or malpractice insurance or their acceptable equivalent in bond form commensurate with the nature and magnitude of their project involvement and their | SECTION 39. Liability Insurance of a Person or Entity Allowed to Practice under a Temporary/Special Permit |
| The Architecture profession shall be integrated into one (1) national organization which shall be accredited by the Board, subject to the approval by the Commission, as the integrated and accredited professional organization of architects: Provided, however, That such an organization shall be registered with the Securities and Exchange Commission, as a non-profit, non-stock corporation to be governed by by-laws providing for a democratic election of its officials. An architect duly registered with the Board shall automatically become a member of the integrated and accredited professional organization of architects and shall receive the benefits and privileges provided for in R.A. 9266 upon payment of the required fees and dues. Membership in the integrated and accredited professional organization of architects shall not be a bar to membership in other associations of architects. | SECTION 40. Integration of the Architecture Profession |
| Within sixty (60) days after the effectivity of R.A. No. 9266, the Board, subject to the approval of the Commission and in coordination with integrated and accredited professional organization, shall adopt and promulgate such rules and regulations, Code of Ethical Conduct and Standards of Professional Practice, to carry out the provisions of R.A. No. 9266 and which shall be effective fifteen (15) days following their publication in the Official Gazette or in two (2) major daily newspapers of general circulation. | SECTION 41. Implementing Rules and Regulations |
| The Chairperson of the Professional Regulation Commission shall immediately include in the Commission’s programs the implementation of R.A. No. 9266, the funding of which shall be included in the annual General Appropriations Act. The amount necessary to carry out the initial implementation of R.A. No. 9266 shall be charged against the current year’s appropriations of the Professional Regulation Commission. Thereafter, such sums as may be necessary for the continued implementation of R.A. No. 9266 shall be included in the succeeding General Appropriations Act (GAA). | SECTION 42. Appropriations |
| R.A. No. 9266 shall not be construed to affect or prevent the practice of any other legally recognized profession. | SECTION 43. Act Not Affecting Other Professionals |
| It shall be the primary duty of the Commission and the Board to effectively enforce the provisions of R.A. No. 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 or of any political subdivision thereof, shall, upon the call or request of the Commission or the Board, render assistance in enforcing the provisions of R.A. No. 9266 and this “IRR of the Architecture Act of 2004”, and to prosecute any person violating the provisions of the same. | SECTION 44. Enforcement of the Act |
| If, for any reason, any section or provision of the herein “IRR” or application of such rules and regulations or provision to any person or circumstances is declared unconstitutional or invalid, the remainder of this “IRR of the Architecture Act of 2004”, or application of such provisions to other persons or circumstances, shall not be affected by such declaration. | SECTION 45. Separability Clause |
| Any provisions of the rules, regulations, codes, orders, resolutions, measures, and other policies or parts thereof issued and promulgated pursuant to R.A. No. 545 (as amended by R.A. No. 1581), P.D. No. 223 (as amended), R.A. No. 8981, and other laws which are inconsistent with this “IRR of the Architecture Act of 2004” are hereby superseded, repealed or amended accordingly | SECTION 46. Repealing Clause |
| 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. | SECTION 47. Effectivity |
| Chairperson | ANTONIETA FORTUNA-IBE |
| Secretary, Professional Regulatory Boards | CARLOS G. ALMELOR |
| EUGENE G. GAN |
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