Irr PD9266
Irr PD9266
Philippines “THE ARCHITECTURE ACT OF 2004”. For brevity, it may be cited as “IRR of the
Professional Architecture Act of 2004”.
Regulation
Commission Manila
BOARD OF ARCHITECTURE SECTION 2. Statement of Policy.
Board
Resolutio The State recognizes the importance of architects in nation building and
n No. Series of 2004 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,
THE IMPLEMENTING RULES AND REGULATIONS (IRR) OF REPUBLIC effective and credible licensure examinations and through regulatory measures, programs
ACT NO. 9266, AN ACT PROVIDING FOR A MORE RESPONSIVE AND and activities that foster their professional growth and development.
COMPREHENSIVE REGULATION FOR THE REGISTRATION, LICENSING
AND PRACTICE OF ARCHITECTURE, REPEALING FOR THE PURPOSE This “IRR of the Architecture Act of 2004” shall be interpreted, construed,
REPUBLIC ACT NO. 545, AS AMENDED, OTHERWISE KNOWN AS “AN and carried out in the light of the Statement of Policy found in Section 2 of Republic Act
ACT TO REGULATE THE PRACTICE OF ARCHITECTURE IN THE No. 9266, as stated above.
PHILIPPINES,” AND FOR OTHER PURPOSES
Pursuant to Section 7 (a), Article II and Section 41, Article V of Republic Act No. 9266, SECTION 3. Definition of Terms.
known as “The Architecture Act of 2004”, the Board of Architecture hereby prescribes,
adopts, and promulgates the following Rules and Regulations to carry out the provisions As used in this “IRR of the Architecture Act of 2004”, in R.A. No. 9266 or
thereof. other laws, the following terms shall be defined as follows:
RULE I (1) “Architecture” is the art, science or profession of planning, designing and
TITLE, POLICY STATEMENT, DEFINITION OF TERMS, AND SCOPE OF constructing buildings in their totality taking into account their environment, in
PRACTICE accordance with the principles of utility, strength and beauty;
SECTION 1: Title
a) Special Provisions or conditions (31) “Filipino Counterpart” the local Philippine architect, partnership or
b) General Conditions corporation that must work in association with a foreign architect, partnership or
c) Drawings corporation, on a project on Philippine soil.
d) Specifications
e) Other Bid Documents (32) “Ownership” 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
(27) “Copyright (or Copyright Ownership)” shall refer to the intellectual shall only be confined to the use of the architectural documents for executing
proprietary rights retained by an Architect over any architectural documents/ work /implementing the work described therein for one (1) or the original project; ownership
that he/she prepares unless there is a written stipulation to the contrary, copyright in a shall not apply to the use of a part of or of the entire architectural work/architectural
work of architecture shall include the right to control the erection of any building which documents to repetitions or to subsequent projects.
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
(33) “Planning” refers to physical planning at site, community or urban
shall not include the right to control the reconstruction or rehabilitation in the same style
level by an Architect.
as the original of a building to which the copyright relates.
(28) “CPD Providers” means an entities, agencies, organizations and the like (34) “Physical Planner” refers to an Architect who specializes in the detailed
physical planning of land or property on which vertical structures such as buildings and/or
that have been accredited/registered with the Board of Architecture of the Professional
structures and horizontal developments such as rights-of-way, open spaces and
Regulation Commission to deliver seminars, lectures, and other continuing professional
recreational/ sports/ entertainment/ tourism and related facilities are to be proposed.
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.
(37) “Professional Identification Card” a document bearing the registration (44) “Urban Design” physical and systemic design undertaken by an Architect
number, date of issuance with an expiry date, due for periodic renewal, duly signed by the on a community and urban plane, more comprehensive than, and an extension of the
Chairperson of the PRC to a registered Architect upon payment of the annual architecture of buildings, spaces between buildings, entourage, utilities and movement
registration fees for three (3) years. systems.
(38) “Site Planning” the detailed site development planning of all areas (45) Acronyms and Laws:
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. (a) ARCHITECTURE ACT OF 2004 – R.A. No. 9266
(b) BOA – Board of Architecture
(39) “Standards of Professional Practice” means a document embodied in the (c) CHED – Commission on Higher Education
Architects National Code, which defines all aspects of professional service, prescribes (d) CIAC – Construction Industry Arbitration Commission
minimum basic fees and establishes the rights and obligations of both the Architect and (e) CPD – Continuing Professional Development
the client. (f) DOLE – Department of Labor and Employment
(g) DTI – Department of Trade and Industry
(40) “Sole Proprietorship” means an individual Architect practicing and (h) IAPOA – Integrated Accredited Professional Organization of
delivering architectural services, duly registered with the DTI, BOA and the PRC. Architects (the same as United Architects of the Philippines,
Inc.)
(41) “Specialization” an expertise and special knowledge in the field of (i) Intellectual Property Code of the Philippines – R.A. No. 8293
architecture acquired by an Architect through formal education and training or through (j) PCAB – Philippine Contractors Accreditation Board
continuing professional development and experience, for which the Architect may be (k) PDCB – Philippine Domestic Construction Board
engaged as Consulting Architect.
(l) PRB – Professional Regulatory Board (the same as BOA (b) be a holder of a degree in Bachelor of Science in Architecture conferred
for the profession of architecture) by a school, college or university in the Philippines or abroad that is recognized and/or
(m) PRC – Professional Regulation Commission accredited by the Commission on Higher Education (CHED);
(n) PRC Modernization Act of 2000 – R.A. No. 8981
(o) SEC – Securities and Exchange Commission (c) be an architect with a valid Certificate of Registration and Professional
(p) UAP – United Architects of the Philippines, Inc Identification Card and active practitioner of architecture for at least ten (10) years on the
date of his/her appointment;
RULE II (d) not be a member of the faculty of any school, college, university or review
PROFESSIONAL REGULATORY BOARD OF ARCHITECTURE: institution where a regular course or review course in architecture is taught, nor have
ORGANIZATION, POWERS, AND FUNCTIONS 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
SECTION 4. Creation and Composition of the Professional Regulatory Board completely stopped teaching, advising or reviewing activities for at least five (5) years
prior to the nomination;
There is hereby created a Professional Regulatory Board of Architecture,
hereinafter referred to as the Board, a collegial body under the supervision and
(e) has never been convicted of any crime involving moral turpitude; 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 (f) not be an elective officer of the Integrated and Accredited Professional
of five (5) nominees for each position submitted to the Commission by the integrated Organization of Architects and other Professional Organization of Architects.
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 6. Term of Office
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
Each Member shall, at the time of his/her appointment, possess the following vacancy
qualifications:
The Board shall exercise the following specific powers, functions and (i) Prescribe guidelines for the Continuing Professional Development (CPD)
responsibilities: program in consultation with the integrated and accredited professional organization of
architects: Provided, That the attendance to said CPD shall not be a mandatory
(a) Prescribe and adopt the “IRR of the Architecture Act of 2004” for carrying requirement for the renewal of a professional Identification Card;
out the provisions of R.A. No. 9266;
(j) Prepare, adopt, issue or amend the syllabi of the subjects for examinations in
(b) Supervise the registration, licensure and practice of architects; consultation with the academe, determine and prepare questions which shall be within the
scope of the syllabi of the subject for examination as well as administer, correct and
(c) Administer oaths in connection with the administration of R.A. No. 9266; release the results of the licensure examinations;
(d) Issue, suspend, revoke, or reinstate the Certificate of Registration and the (k) Approve, issue, limit or cancel temporary or special permit to practice
Professional Identification Card for the practice of the architecture profession; architecture;
(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;
(l) In coordination with the CHED, ensure that all higher educational instruction The President of the Philippines, upon the recommendation of the Commission,
and offerings of architecture comply with the policies, standards and requirements of the after giving the concerned member an opportunity to defend himself in a proper
course prescribed by the CHED in the areas of curriculum, faculty, library and facilities; administrative investigation to be conducted by the Commission, may suspend or remove
Provided, That, for the orderly implementation of this provision, the Board and the any member on the following grounds:
Commission may enter into a Memorandum of Agreement with the CHED.
(a) Neglect of duty or incompetence;
(m) To adopt a program for the full computerization of the licensure examination;
and (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
(n) Discharge such other duties and functions as may be deemed necessary for Professional Practice;
the enhancement of the architecture profession and the upgrading, development and
growth of the architecture education. (c) Final judgment of crimes involving moral turpitude; and
The policies, resolutions, rules and regulations, issued or promulgated by the (d) Manipulation or rigging of the architecture licensure examination results,
Board shall be subject to review and approval of the Commission. However, the Board’s disclosure of secret and confidential information in the examination questions prior to the
decisions, resolutions or orders rendered in administrative cases shall be subject to conduct of the said examination or tampering of grades.
review only if on appeal.
The Commission in the conduct of the investigation shall be guided by Sec. 7(s)
of R.A. No. 8981.
SECTION 8. Administrative Supervision of the Board, Custodian of its Records,
Secretariat and Support Services
The Board shall be under the administrative supervision of the Commission. All SECTION 10. Compensation and Allowances of the Board
records of the Board, including applications for examination, examination questions,
answer sheets, and other records and documents pertaining to licensure examination, The chairman and members of the Board shall receive compensation and
administrative and other investigative cases conducted by the Board shall be under the allowances comparable to that being received by the chairman and members of existing
custody of the Commission. The Commission shall designate the Secretary of the Board regulatory Boards under the Commission as provided for in the General Appropriations
and shall provide the secretariat and other support services to implement the provisions of Act.
R.A. No. 9266.
The licensure examination for architects shall cover, but are not limited to, the A. Rationale and Description
following subjects:
1. Understanding of the role, legal rights and obligations, and responsibilities of
(1) History and Theory of Architecture; Principles of Planning and Architectural the architect
Practice
2. Analysis and application of the various statutes, codes, and regulations
Part I: History of Architecture affecting the practice of architecture in the Philippines
A. Rationale and Description 3. Understanding of the various aspects of the professional practice of
architecture, including tools and techniques related to production, construction, resource
1. Analysis of architectural manifestations from the beginning of civilization to allocation, and project management, as well as the efficient conduct of client and business
contemporary periods of development; relations for building design and construction projects.
2. Analysis of the influences of environmental, historical, and sociocultural Part IV: Theory and Principles of Planning
factors and their relevance to the development of art, buildings, structures, as well as of
human settlements. A. Rationale and Description
Part II: Theory of Architecture 1. Analysis of the concepts and techniques in the general planning process,
regional planning, land use planning, and human settlements planning
A. Rationale and Description
2. Understanding of the art and science of site planning with emphasis on
1. Understanding of the theories and principles of design and architectural ecological, socio-psychological, aesthetic, and functional basis of site planning.
design process;
(2) Structural Design, Building Materials, and Architectural Specifications, and
2. Analysis of anthropometric, proxemic, and kinesthetic requirements of space Methods of Construction and Utilities;
in relation to architectural design;
Part II: Building Materials and Methods of Construction 1. Understanding of the theories and principles of Architectural Interiors.
A. Rationale and Description 2. Analysis of anthropometric, proxemic, and kinesthetic requirements of space in
relation to Architectural Interiors.
1. Understanding of the properties of building construction and finishing
materials; their application and articulation; systems and methods of specifying and (4) Architectural Design and Site Planning
construction;
A. Rationale and Objectives
2. Application of the principles of design and construction methods of various 1. Application of logical approach to architectural interiors, urban design and
types of materials used in construction.
site planning solutions to architectural and planning problems with emphasis on design
Part III: Utilities methodology, quantitative and qualitative aspects of space, circulation, and
interrelationships of space, structural and form envelopes, and building utilities and
A. Rationale and Description
facilities.
1. Understanding of the basic practices, principles, general design and 2. Application of skills and ability to visualize architectural design problems and
installation, and/or construction of utilities required for a building or structure and its
present solutions in appropriate graphical language.
premises;
The Board, subject to the approval of the Commission, may revise or exclude any
2. Analysis of utility, facility, and equipment requirements in relation to of the subjects and their syllabi, and add new ones as the need arises to conform to
aesthetic, function, and strength of a building or structure and its premises. technological changes brought about by continuing trends in the profession.
(3) Urban Design and Architectural Interiors
SECTION 15. Rating in the Licensure Examination
Part I: Urban Design
To be qualified as having passed the licensure examination for architects, a
A. Rationale and Description candidate must obtain a weighted general average of seventy percent (70%), with no
1 Analysis of the concepts and techniques in the general planning process of the grade lower than fifty percent (50%) in any given subject.
The Board may adopt its own internal procedures on the implementation of this A Professional Identification Card bearing the registration number, date of
provision. 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
SECTION 16. Report of Ratings payment of the annual registration fees for another and every after three (3) years.
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. SECTION 19. Roster of Architects
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 A roster showing the names and place of business including other personal
during the examination: Provided, That, the report of rating may be distributed to the material and relevant data of all registered professional architects shall be prepared and
successful examinees during their mass oathtaking as new registered and licensed updated by the Board and copies thereof shall be made available to any party as may be
architects. deemed necessary.
SECTION 17. Oath SECTION 20. Seal, Issuance and Use of Seal
All successful candidates in the examination shall be required to take an oath of A duly licensed architect shall affix the seal prescribed by the Board bearing the
profession before any member of the Board, any government official authorized by the registrant’s name, registration number and title “Architect” on all architectural plans,
Commission pursuant to Sec. 7(k) of R.A. No. 8981 or any person authorized by law to drawings, specifications and all other contract documents prepared by or under his/her
administer oaths, prior to entering upon the practice of the profession. direct supervision.
(1) Each registrant hereunder shall, upon registration, obtain a seal of such
SECTION 18. Issuance of Certificates of Registration and Professional Identification design as the Board shall authorize and direct. Architectural plans and specifications
Card 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
A certificate of Registration and Professional Identification Card shall be issued
to stamp or seal any documents with said seal after the certificate of the registrant named
to examinees who pass the licensure examination subject to payment of fees prescribed by
thereon has expired or has been revoked, unless said certificate shall have been renewed
the Commission. The Certificate of Registration shall bear the signature of the
or re-issued.
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 (2) No officer or employee of this Republic, chartered cities, provinces and
thereto. The said certificate shall remain in full force and effect until withdrawn, municipalities, now or hereafter charged with the enforcement of laws, ordinances or
suspended or revoked in accordance with R.A. No. 9266. regulations
relating to the construction or alteration of buildings, shall accept or approve any SECTION 21. Indication of Certificate of Registration/Professional Identification
architectural plans or specifications which have not been prepared and submitted in full Card and Professional Tax Receipt
accord with all the provisions of R.A. No. 9266; nor shall any payments be approved by
any such officer for any work, the plans and specifications for which have not been so The architect shall be required to indicate the number of his/her Certificate of
prepared and signed and sealed by the author. Registration and Professional Identification Card (PIC) with its date of issuance and the
duration of validity, including the professional tax receipt number which the
(3) It shall be unlawful for any architect to sign his/her name, affix his/her seal City/Municipal Treasurer shall issue to the registered architect upon presentation of
or use any other method of signature on architectural plans, specifications or other his/her current PIC, on the documents he/she signs, uses or issues in connection with the
documents made under another architect’s supervision, unless the same is made in such practice of his/her profession.
manner as to clearly indicate the part or parts of such work actually performed by the
former, and it shall be unlawful for any person, except the architect-of-record, to sign for
any branch of work for any function of architectural practice, not actually performed by SECTION 22. Refusal to Issue Certificate of Registration and Professional
him/her. The architect-of-record, shall be fully responsible for all architectural plans, Identification Card
specifications and other documents issued under his/her seal or authorized signature.
The Board shall not register and issue a Certificate of Registration and
(4) Drawings and specifications duly signed, stamped or sealed, as instruments Professional Identification Card to any person who has falsely sworn or misrepresented
of service, are the intellectual properties and documents of the architect, whether the himself/herself in his/her application for examination or to any person convicted by a
object for which they are made is executed or not. It shall be unlawful for any person, court of competent jurisdiction of a criminal offense involving moral turpitude or guilty
without the consent of the architect or author of said documents, to duplicate or to make of immoral and dishonorable conduct or to any person of unsound mind. In the event of
copies of said documents for use in the repetition of and for other projects or buildings, refusal to issue certificate for any reason, the Board shall give the applicant a written
whether executed partly or in whole. 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
(5) All architectural plans, designs, specifications, drawings and architectural name shall not be removed from the roster of architects on conviction for a political
documents relative to the construction of a building shall bear the seal and signature only offense or for an offense which should not, in the opinion of the Board, either from the
of an architect registered and licensed under R.A. No. 9266 together with his/her nature of the offense or from the circumstances of the case, disqualify a person from
professional identification card number and the date of its expiration. practicing under R.A. No. 9266.
The Board shall prescribe the design, size, and contents of the dry seal to be used in
signing and sealing of architectural plans, drawings, specifications, contract documents
and architectural permit prepared by or under his/her direct supervision.
The Board in the written statement shall state the period for the deferment of the
registration if the offense or act committed does not call for indefinite period and/or (e) has openly solicited projects by actually undertaking architectural services
perpetual deprivation of the chance to register. without a valid service agreement guaranteeing compensation of services to be rendered
and/or has actually allowed himself/herself to be exploited by undertaking architectural
services without a valid service agreement, both acts being prejudicial to other architects
SECTION 23. Suspension and Revocation of Certificates of Registration, registered and licensed under R.A. No. 9266 and inimical to the interests of the
Professional Identification Card or the Special/Temporary Permit profession; or
The Board shall have the power, upon notice and hearing, to suspend or revoke (f) has violated any provision of R.A. No. 9266, its implementing rules and
the validity of a Certificate of Registration/Professional Identification Card, or shall regulations, the Code of Ethical Conduct and Standards of Professional Practice.
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 The Board shall periodically examine the grounds for the revocation of the
obtaining a Certificate of Registration and Professional Identification Card or Certificate of Registration and Professional Identification Card and update these as
special/temporary permit; for gross negligence or incompetence; for unprofessional or necessary under the implementing rules and regulations.
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 Any person, firm or association, may prepare charges in accordance with the
final if he/she: provisions of this section against any registrant, or the Board may motu proprio
investigate and/or take cognizance of acts and practices constituting sufficient cause for
(a) has signed and affixed or permitted to be signed or affixed his name or seal suspension or revocation of the Certificate of Registration by proper resolution or order.
on architectural plans and designs, specifications, drawings, technical reports, valuation, Such charges shall be in writing and shall be sworn to by the person making them and
estimates, or other similar documents or work not prepared by him/her or not executed shall be filed with the Secretary of the Board.
under his/her immediate supervision; or The rules on administrative investigation issued by the Commission shall govern
the hearing or investigation of the case, subject to applicable provisions of R.A. No. 9266,
(b) has paid money except the regular fees provided for to secure a Certificate of R.A. No. 8981, and the Rules of Court.
Registration; or SECTION 24. Re-issuance or Replacement of Revoked or Lost Certificates of
Registration, Professional Identification Card or Special and Temporary Permit
(c) has falsely impersonated a practitioner, or former practitioner of alike or
different name or has practiced under an assumed, fictitious or corporate name other than
that of the registered; or
(d) has aided or abetted in the practice of architecture any person not duly
authorized to practice architecture in the Philippines; or
The Board may, after the expiration of two (2) years from the date of revocation criminally liable under R.A. No. 9266 and this “IRR of the Architecture Act of 2004”.
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 SECTION 26. Vested Rights. Architects Registered When This Law is Passed
discretion, exempt the applicant from taking another examination.
All architects registered at the time this law takes effect shall automatically be
The Board shall issue a Resolution, subject to approval by the Commission, in registered under the provisions hereof, subject, however, to the provisions herein set forth
granting a petition for reinstatement to the practice of architecture. as to future requirements.
A person who is not a citizen of the Philippines at the time he/she applies to take
SECTION 25. Registration of Architects Required 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
No person shall practice architecture in this country, or engage in preparing law, the country of which he/she is a citizen, subject or national either admits citizens of
architectural plans, specifications or preliminary data for the erection or alteration of any the Philippines to the practice of the same profession without restriction or allows them to
building located within the boundaries of this country, or use the title “Architect”, or practice it after passing an examination on terms of strict and absolute equality with
display the word “Architect” together with another word, or display or use any title, sign, citizens, subjects or nationals of the country concerned, including the unconditional
card, advertisement, or other device to indicate such person practices or offers to practice recognition of prerequisite degrees/diplomas issued by the institutions of learning duly
architecture, or is an architect, unless such person shall have received from the Board a recognized for the purpose by the Government of the Philippines.
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. The original or certified copy of any official document issued by the Bureau Any person who shall practice or offer to practice architecture in the Philippines
of Immigration and Deportation allowing the applicant to enter and reside 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
b. Present his passport for examination and for photocopying of pertinent attempting to use as his/her own the Certificate of Registration/Professional Identification
information about the applicant; 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
c. Original or authenticated copy of transcript of records or equivalent Certificate of Registration/Professional Identification Card or temporary or special
document of the course for licensure examination issued by the institution of higher permit, or any person who
learning where he studied, duly authorized or accredited by his country/state; and
Government employees and employees of private firms or persons/entities who It shall be unlawful for any person or firm or corporation to seek to avoid the
are not registered and licensed architects shall not perform architectural works in the provisions of R.A. No. 9266 by having a representative or employee seek architectural
performance of their official function without the direct supervision of a licensed work in their behalf, unless and until, such persons have duly qualified and duly
architect. Such activity shall constitute unauthorized practice of architecture which shall registered/licensed, otherwise, both those represented and the representative, the employer
be penalized in accordance with Section 29 of R.A. No. 9266. 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
Any public official who shall order or cause a non-architect to perform activities unlawful for any non-registered and unlicensed persons to do so.
which constitute practice of architecture shall be administratively liable and shall be SEC. 32. Signing and Sealing of Architectural Plans, Specifications, Architectural
guilty of misdemeanor and shall upon conviction be sentenced in accordance with Section Permit and Other Contract Documents
30 of R.A. No. 9266.
The Board shall make all the necessary rules and regulations with regards to the Persons not registered as an architect shall not claim nor represent either services
signing and sealing of drawings, specifications, reports, and other documents. 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
The authorized signature, official seal, PTR, PRC registration number and the title “Architect” is used.
IAPOA membership number and Official Receipt (O.R.) number of the Architect-of-
record stamped on architectural plans, specifications, architectural permit and other SECTION 35. Positions in Government Requiring the Services of Registered and
related contract documents signify his/her assumption of the mandated fifteen (15) year Licensed Architects
civil liability under Article 1723 of the Civil Code. The Architect-of-record should be
limited to architectural documents of a project and its liability does not extend to the Within three (3) years from the effectivity of R.A. No. 9266, all existing and
professional responsibility nor civil liability of the other signing (sealing) professionals proposed positions in the local and national government, whether career, permanent,
Including the Architect-in-charge of construction (AICC) and the Consulting Architect temporary or contractual and primarily requiring the services of an architect shall be filled
(CA) unless these are under his/her direct employ. This rule shall apply to both architects only by registered and licensed architects.
in government as well as architects employed by private firms.
In order to provide a safety net intended to ensure that the legislative intent shall
For architectural documents prepared by architectural firms, the Board of be fully implemented, the following sub-rules are so prescribed:
Architecture Registry Number and the SEC or DTI Registry Numbers should be 1. All national and local agencies including Government Owned and
prominently displayed on all architectural documents. Controlled Corporations (GOCC’s) are prohibited to collapse existing plantilla
positions for architects for the purpose of recreating the same to non-architect positions.
SECTION 33. Ownership of Plans, Specifications and Other Contract Documents
2. All existing plantilla positions in the national and local government whose
Drawings and specifications and other contract documents duly signed, stamped job description includes the practice of architecture as defined under R.A. 9266,
or sealed, as instruments of service, are the intellectual property and documents of the shall be
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
automatically reclassified as Architect positions and shall be accorded the salary as the case may be;
pertaining to the latter in accordance with salary standardization law.
c) Individual members of such firm, partnership, association or corporation
3. The government architect-of-record shall collect from the concerned shall be responsible for their individual and collective acts as an entity and as provided by
national or local agency including Government Owned and Controlled Corporations law;
(GOCC’s) an incentive pay to cover civil liabilities in the equivalent amount of 1.5 % of
the project cost of every project provided it shall not exceed 50% of his annual salary d) Such firm, partnership, association or corporation shall be registered with the
which shall be paid upon full completion of the project. The amount intended for the Securities and Exchange Commission and the Board.
architect who prepared and signed the drawings and specifications shall be included in the
Program of Work. The Board subject to approval by the Commission shall issue a certificate of
registration to such firm, company, partnership, corporation or association upon grant of
SECTION 36. Collection of Professional Fees registration.
It shall be unlawful for any unregistered person to collect a fee for architectural SECTION 38. Coverage of Temporary/Special Permits
services except as an employee collecting a fee as representative of a Registered
Architect. Foreign nationals who have gained entry in the Philippines to perform
professional services as architects or consultants in foreign-funded or assisted projects of
SECTION 37. Limitation to the Registration of a Firm, Company, Partnership, the government or employed or engaged by Filipino or foreign contractors or private
Corporation or Association 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
The practice of architecture is a professional service, admission to which shall be Commission, to practice his/her profession in connection with the project to which he/she
determined upon the basis of individual personal qualifications. However, a firm, was commissioned: Provided, That a foreign national or foreign firm, whose name or
company, partnership, corporation or association may be registered or licensed as such for company name, with the title architect, architectural consultant, design consultant,
the practice of architecture under the following conditions: consultant or designer appears on architectural plans, specifications and other related
construction documents, for securing building permits, licenses and government authority
a) Only Filipino citizens properly registered and licensed as architects under clearances for actual building project construction in the Philippines and advertisements
R.A. No. 9266 may, among themselves, or together with allied technical professionals, and billboards for marketing purposes, shall be deemed practicing architecture in the
form and obtain registration as a firm, company, partnership, association or corporation Philippines, whether the contract for professional services is consummated in the
for the practice of architecture; Philippines or in a foreign country. Provided, further, That the following conditions are
satisfied as follows:
b) Registered and licensed architects shall compose at least seventy-five percent
(75%) of the owners, shareholders, members, incorporators, directors, executive officers,
(a) That he/she is a citizen or subject of a country which specifically permits employment permit.
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; 3.0 In the absence of a bilateral agreement, the foreign national shall submit
documentary proof or evidence allowing Filipino architects to practice the profession in
(b) That he/she is legally qualified to practice architecture in his/her own country, their home country without any limitation.
and that his/her expertise is necessary and advantageous to our country particularly in the
aspects of technology transfer and specialization; 4.0 Technology transfer and/or specialization must be identified and
substantiated consistent with his expertise.
(c) That foreign nationals shall be required to work with a Filipino counterpart
5.0 A Filipino counterpart shall be the architect-of-record, with his duties,
and shall also be responsible for public utilities and taxes due to the Philippine
functions and responsibilities duly defined in a covering agreement.
government, relative to their participation in, or professional services rendered to the
project, in accordance with the established implementing rules and regulations providing
6.0 Advertisements and billboards for marketing/promotion purposes shall
for the procedure for the registration and/or issuance of temporary/special permits to
prominently display the name of the architect-of-record. Failure to comply shall be
foreign architects allowed by law to practice their profession in the Philippines by the
subject to penalties in accordance with the rules promulgated by PRC.
Board of Architecture and the accredited professional organization; and
7.0 Upon issuance of the temporary/special permit, the foreign national may
(d) Agencies, organizations or individuals whether public or private, who secure become member of the United Architects of the Philippines, Inc. subject to the rules and
the services of a foreign professional authorized by law to practice in the Philippines for procedures of UAP membership.
reasons aforementioned, shall be responsible for securing a special permit from the
Professional Regulation Commission (PRC) and the Department of Labor and SECTION 39. Liability Insurance of a Person or Entity Allowed to Practice under a
Employment (DOLE) pursuant to PRC and DOLE rules. Temporary/Special Permit
The following procedures for the registration and/or issuance of temporary/special
Foreign nationals, including former Filipinos wanting to engage in the general
permits to foreign architects are hereby prescribed:
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
1.0 A visa and work permit by appropriate government agencies shall be
equivalent in bond form commensurate with the nature and magnitude of their
required. project involvement and their
2.0 Within thirty (30) calendar days after the commission/appointment date, the
commissioning party shall be responsible to secure the Temporary/Special Permit from
Board subject to approval by the PRC. DOLE upon compliance with the qualifications
required and receipt of a copy of the said Temporary/Special Permit - shall issue the
compensation the implementing rules and regulations for such a requirement for practice stock corporation governed by Bylaws providing for a democratic election of its officials
shall be implemented by the Board in consultation with the integrated and accredited
professional organization of architects within six (6) months from the effectivity of R.A. 1.a. An architect duly registered with the PRC shall automatically become a
No. 9266. member of the UAP and shall receive the benefits and privileges provided for and
described in its by-laws upon payment of required fees and dues. The UAP shall keep an
updated official registry of its bonafide members indicating membership and annual dues
R official receipt number.
ULE
V 1.b. Bona fide members of the UAP practicing the architectural profession
FINA shall be required to provide their official IAPOA membership number and receipt number
L together with their PRC registration number and professional tax receipt (PTR) on official
PRO documents prepared by them for purposes of obtaining governmental regulatory permits
VISI and licenses.
ONS
1.c. The functions, duties and responsibilities of the UAP as the IAPOA
SECTION 40. Integration of the Architecture Profession
shall be the following:
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
a) Nominations to the vacancy of positions to the BOA;
the integrated and accredited professional organization of architects: Provided, however,
That such an organization shall be registered with the Securities and Exchange b) Responsibility of preparing a program of CPD;
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 c) Endorsement of the practice of foreign nationals to be issued
shall automatically become a member of the integrated and accredited professional temporary/special
organization of architects and shall receive the benefits and privileges provided for in permit;
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. d) Recommendation of compliance with liability insurance under a
temporary/special
Pursuant to Board Resolution No. 3, Series of 2004, the United Architects of the permit;
Philippines, Inc. is the existing integrated and accredited professional organization of
registered architects, duly accredited by the Board subject to approval by the Commission e) Monitoring compliance and endorsing to/or filing a complaint with the
and registered with the Securities and Exchange Commission (SEC) as a non-profit, non- Board and/or Commission for violation of the R.A. No. 9266, this IRR, Code of Ethics,
Standards of Professional Practice and other policies of the Board and of the Commission
and with other agencies for violation of other relevant laws, regulations and the like; and
R.A. No. 9266 shall not be construed to affect or prevent the practice of any Any provisions of the rules, regulations, codes, orders, resolutions, measures,
other legally recognized profession. 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
SECTION 44. Enforcement of the Act superseded, repealed or amended accordingly.
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”.
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 APPROVED:
publication in the Official Gazette or in two (2) major newspapers of general
circulation.
OCOMI/D-SRB/PRB-ARC/D-LGL
FERNANDO L. SANTOS MIGUEL R.
CGA/PBM/SAT/mst
CALUZA
Member Member
ATTESTED TO:
CARLOS G. ALMELOR
Secretary, Professional Regulatory Boards