RULE IV
PRACTICE OF ARCHITECTURE
(SUNDRY PROVISIONS)
SECTION 25. REGISTRATION OF ARCHITECTS REQUIRED
INDIVIDUALS ARE NOT ALLOWED TO PRACTICE ARCHITECTURE OR
ENGAGE IN RELATED ACTIVITIES, SUCH AS PREPARING ARCHITECTURAL
PLANS OR USING THE TITLE "ARCHITECT," WITHOUT OBTAINING A
CERTIFICATE OF REGISTRATION AND A PROFESSIONAL IDENTIFICATION
CARD FROM THE BOARD. THESE CERTIFICATES ARE ISSUED FOLLOWING
THE PROCEDURES OUTLINED IN R.A. NO. 9266 (ARCHITECTURE ACT OF
2004).
SECTION 25. REGISTRATION OF ARCHITECTS REQUIRED
FOREIGN ARCHITECTS OR INDIVIDUALS NOT AUTHORIZED TO PRACTICE
ARCHITECTURE IN THE PHILIPPINES ARE ALSO PROHIBITED FROM STAYING
IN THE COUNTRY AND PERFORMING ACTIVITIES RELATED TO
CONSTRUCTION, BUILDING ALTERATION, OR LAND DEVELOPMENT
PROJECTS WITHOUT PROPER AUTHORIZATION. ENGAGING IN SUCH
ACTIVITIES WITHOUT AUTHORIZATION IS CONSIDERED UNAUTHORIZED
PRACTICE OF ARCHITECTURE AND CAN LEAD TO CRIMINAL LIABILITY
UNDER BOTH R.A. NO. 9266 AND THE IMPLEMENTING RULES AND
REGULATIONS (IRR) OF THE ARCHITECTURE ACT OF 2004.
SECTION 26. VESTED RIGHTS. ARCHITECTS REGISTERED
WHEN THIS LAW IS PASSED
ARCHITECTS WHO WERE ALREADY REGISTERED AT THE TIME THIS LAW
COMES INTO EFFECT WILL BE AUTOMATICALLY CONSIDERED
REGISTERED UNDER ITS PROVISIONS. HOWEVER, THEY ARE STILL
REQUIRED TO COMPLY WITH ANY FUTURE REQUIREMENTS OUTLINED IN
THE LAW. THE CERTIFICATES OF REGISTRATION AND PROFESSIONAL
IDENTIFICATION CARDS HELD BY THESE INDIVIDUALS, PROVIDED THEY
ARE IN GOOD STANDING, WILL BE RECOGNIZED AND CONSIDERED VALID
AS IF THEY WERE ISSUED AFTER THE ENACTMENT OF R.A. NO. 9266.
SECTION 27. RECIPROCITY REQUIREMENTS
FOREIGNERS AIMING TO TAKE THE PHILIPPINE ARCHITECTS LICENSURE EXAM
MUST ENSURE THEIR HOME COUNTRY ALLOWS EQUAL PROFESSIONAL PRACTICE
TERMS FOR FILIPINOS AND RECOGNIZES DEGREES FROM PHILIPPINES-RECOGNIZED
INSTITUTIONS. THOSE SEEKING RECIPROCITY SHOULD SUBMIT A LETTER FROM
THEIR COUNTRY'S OFFICIAL REQUESTING THE BOARD OF ARCHITECTURE'S
CHAIRMAN TO ALLOW THE EXAM, ALONG WITH A TRANSLATED COPY OF THE LAW
PERMITTING FILIPINOS TO TAKE THE EXAM THERE. AFTER APPROVAL, THEY CAN
APPLY FOR THE EXAM, SUBMITTING NECESSARY DOCUMENTS, INCLUDING
IMMIGRATION PAPERS, PASSPORT, AUTHENTICATED TRANSCRIPTS, AND OTHER
BOARDREQUESTED DOCUMENTS.
SECTION 28. CONTINUING PROFESSIONAL
DEVELOPMENT (CPD)
TO ENSURE PUBLIC SAFETY AND UPHOLD PROFESSIONAL STANDARDS,
ALL PRACTICING ARCHITECTS ARE REQUIRED TO PARTICIPATE IN A
CONTINUING PROFESSIONAL DEVELOPMENT (CPD) PROGRAM. THE
UNITED ARCHITECTS OF THE PHILIPPINES, INC. IS RESPONSIBLE FOR
CREATING AN INTEGRATED CPD PROGRAM FOR ARCHITECTS. OTHER
ORGANIZATIONS CAN BECOME CPD PROVIDERS UPON ACCREDITATION BY
THE BOARD OF ARCHITECTURE.
SECTION 28. CONTINUING PROFESSIONAL
DEVELOPMENT (CPD)
THE CPD PROGRAM, OVERSEEN BY THE CONTINUING PROFESSIONAL
EDUCATION (CPE) COUNCIL FOR ARCHITECTS, IS FORMULATED BASED ON
EXISTING PROFESSIONAL REGULATION COMMISSION GUIDELINES. IT
INCLUDES LEVELS OF COMPLIANCE AND PROFICIENCY EVALUATION FOR
ARCHITECTS. THE ACCREDITATION OF CPD/CPE PROVIDERS BY THE
BOARD OF ARCHITECTURE IS DETERMINED ACCORDING TO THESE
GUIDELINES.
SECTION 29. PROHIBITION IN THE PRACTICE OF
ARCHITECTURE AND PENAL CLAUSE
ENGAGING IN UNREGISTERED ARCHITECTURE PRACTICE OR USING FRAUDULENT
CERTIFICATION IS A CRIMINAL OFFENSE, WITH FINES FROM P100,000.00 TO P5,000,000.00,
AND IMPRISONMENT FROM SIX MONTHS TO SIX YEARS FOR OFFENDERS. GOVERNMENT
AND PRIVATE EMPLOYEES WITHOUT AN ARCHITECTURAL LICENSE CANNOT PERFORM
ARCHITECTURAL WORK UNSUPERVISED; VIOLATORS FACE PENALTIES UNDER SECTION 29
OF R.A. NO. 9266. PUBLIC OFFICIALS DIRECTING NON-ARCHITECTS ARE BOTH
ADMINISTRATIVELY AND CRIMINALLY LIABLE UNDER SECTION 30 OF R.A. NO. 9266.
VIOLATION OF SECTION 7, SUBPARAGRAPH (L) OF R.A. NO. 8981 BY GOVERNMENT AGENCY
HEADS OR PRIVATE FIRM OFFICERS MAY RESULT IN IMPRISONMENT FROM SIX MONTHS
AND ONE DAY TO SIX YEARS, A FINE FROM P50,000.00 TO P500,000.00, OR BOTH, AT THE
COURT'S DISCRETION.
SECTION 30. PROHIBITION IN THE PRACTICE OF
ARCHITECTURE
ANY PERSON OR ENTITY, WHETHER FILIPINO OR FOREIGN, PUBLIC OR
PRIVATE, THAT COMPELS A REGISTERED AND LICENSED ARCHITECT
UNDER R.A. NO. 9266 TO PERFORM ARCHITECTURAL SERVICES WITHOUT A
WRITTEN CONTRACT OR SERVICE AGREEMENT IS COMMITTING A
MISDEMEANOR. UPON CONVICTION, THEY MAY FACE A FINE OF AT LEAST
P200,000.00 OR IMPRISONMENT FOR UP TO SIX (6) YEARS, OR BOTH, AS
DETERMINED BY THE COURT.
SECTION 31. LIABILITY OF REPRESENTATIVES OF NON-
REGISTERED PERSONS
ATTEMPTING TO BYPASS THE REGULATIONS OF R.A. NO. 9266 BY HAVING A
REPRESENTATIVE OR EMPLOYEE SEEK ARCHITECTURAL WORK ON BEHALF OF A
PERSON, FIRM, OR CORPORATION IS PROHIBITED. BOTH THE REPRESENTED
PARTY AND THE REPRESENTATIVE, AS WELL AS THE EMPLOYER AND THE
EMPLOYEE, MUST BE DULY QUALIFIED AND REGISTERED/LICENSED. VIOLATION
OF THIS PROVISION CONSTITUTES AN OFFENSE UNDER R.A. NO. 9266.
SOLICITATION OF ARCHITECTURAL WORK IS CONSIDERED AN OFFER TO
PRACTICE ARCHITECTURE, AND IT IS ILLEGAL FOR NON-REGISTERED AND
UNLICENSED INDIVIDUALS TO ENGAGE IN SUCH ACTIVITIES.
SEC. 32. SIGNING AND SEALING OF ARCHITECTURAL
PLANS, SPECIFICATIONS, ARCHITECTURAL PERMIT AND
OTHER CONTRACT DOCUMENTS
ARCHITECTS ARE PROHIBITED FROM SIGNING, SEALING, OR USING ANY
SIGNATURE METHOD ON ARCHITECTURAL DOCUMENTS PREPARED
UNDER ANOTHER ARCHITECT'S SUPERVISION UNLESS THEY CLEARLY
INDICATE THE SPECIFIC PARTS THEY CONTRIBUTED.
ONLY THE ARCHITECT-OF-RECORD IS FULLY RESPONSIBLE FOR
DOCUMENTS ISSUED UNDER THEIR SEAL. THE BOARD WILL ESTABLISH
RULES FOR SIGNING AND SEALING DRAWINGS, SPECIFICATIONS, AND
OTHER DOCUMENTS.
SEC. 32. SIGNING AND SEALING OF ARCHITECTURAL
PLANS, SPECIFICATIONS, ARCHITECTURAL PERMIT AND
OTHER CONTRACT DOCUMENTS
THE ARCHITECT-OF-RECORD'S AUTHORIZED SIGNATURE, OFFICIAL SEAL,
PTR, PRC REGISTRATION NUMBER, IAPOA MEMBERSHIP NUMBER, AND
OFFICIAL RECEIPT (O.R.) ON DOCUMENTS SIGNIFY THEIR ASSUMPTION OF
A MANDATED FIFTEEN-YEAR CIVIL LIABILITY UNDER ARTICLE 1723 OF
THE CIVIL CODE. THIS LIABILITY IS LIMITED TO THE ARCHITECT-
OFRECORD AND DOES NOT EXTEND TO OTHER SIGNING PROFESSIONALS,
INCLUDING THE ARCHITECT-IN-CHARGE OF CONSTRUCTION (AICC) AND
THE CONSULTING ARCHITECT (CA), UNLESS THEY ARE UNDER DIRECT
EMPLOYMENT.
SEC. 32. SIGNING AND SEALING OF ARCHITECTURAL
PLANS, SPECIFICATIONS, ARCHITECTURAL PERMIT AND
OTHER CONTRACT DOCUMENTS
THIS RULE APPLIES TO BOTH GOVERNMENT-EMPLOYED ARCHITECTS AND
THOSE WORKING IN PRIVATE FIRMS.
ARCHITECTURAL FIRMS MUST PROMINENTLY DISPLAY THE BOARD OF
ARCHITECTURE REGISTRY NUMBER AND SEC OR DTI REGISTRY NUMBERS
ON ALL ARCHITECTURAL DOCUMENTS.
SECTION 33. OWNERSHIP OF PLANS, SPECIFICATIONS AND
OTHER CONTRACT DOCUMENTS
ARCHITECTS OWN THE INTELLECTUAL PROPERTY RIGHTS TO SIGNED,
STAMPED, OR SEALED DRAWINGS AND SPECIFICATIONS. IT IS ILLEGAL
FOR ANYONE TO DUPLICATE OR USE THESE DOCUMENTS FOR OTHER
PROJECTS WITHOUT THE ARCHITECT'S WRITTEN CONSENT. ARCHITECTS
ARE REQUIRED TO INCLUDE THIS PROVISION IN ALL CONTRACT
DOCUMENTS AND INSTRUMENTS OF SERVICE.
SECTION 34. NON-REGISTERED PERSON SHALL NOT
CLAIM EQUIVALENT SERVICE
INDIVIDUALS NOT REGISTERED AS ARCHITECTS ARE PROHIBITED FROM
CLAIMING OR REPRESENTING THAT THEIR SERVICES OR WORK ARE
EQUIVALENT TO THOSE OF A QUALIFIED REGISTERED ARCHITECT. THEY
CANNOT ASSERT QUALIFICATION FOR ANY BRANCH OR FUNCTION OF
ARCHITECTURAL PRACTICE, EVEN IF THEY DO NOT USE THE TITLE
"ARCHITECT."
SECTION 35. POSITIONS IN GOVERNMENT REQUIRING THE
SERVICES OF REGISTERED AND LICENSED ARCHITECTS
WITHIN THREE YEARS OF THE ENACTMENT OF R.A. NO. 9266, ALL
GOVERNMENT POSITIONS AT THE LOCAL AND NATIONAL LEVELS, WHETHER
PERMANENT OR TEMPORARY, PRIMARILY REQUIRING ARCHITECTURAL
SERVICES, MUST BE FILLED EXCLUSIVELY BY REGISTERED AND LICENSED
ARCHITECTS. TO ENSURE COMPLIANCE:
1. GOVERNMENT AGENCIES, INCLUDING GOVERNMENT OWNED AND
CONTROLLED CORPORATIONS (GOCCS), ARE PROHIBITED FROM COLLAPSING
ARCHITECT POSITIONS TO CREATE NON-ARCHITECT POSITIONS.
SECTION 35. POSITIONS IN GOVERNMENT REQUIRING THE
SERVICES OF REGISTERED AND LICENSED ARCHITECTS
2. EXISTING GOVERNMENT POSITIONS WITH JOB DESCRIPTIONS INVOLVING
ARCHITECTURAL PRACTICE UNDER R.A. 9266 WILL AUTOMATICALLY BE
RECLASSIFIED AS ARCHITECT POSITIONS WITH CORRESPONDING SALARY
ADJUSTMENTS.
3. THE GOVERNMENT ARCHITECT-OF-RECORD IS ENTITLED TO AN INCENTIVE
PAY, EQUIVALENT TO 1.5% OF THE PROJECT COST, NOT EXCEEDING 50% OF
THEIR ANNUAL SALARY. THIS INCENTIVE IS FOR CIVIL LIABILITIES AND IS
PAYABLE UPON THE PROJECT'S FULL COMPLETION. THE ARCHITECT'S FEE
SHOULD BE INCLUDED IN THE PROGRAM OF WORK.
SECTION 36. COLLECTION OF PROFESSIONAL FEES
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 37. LIMITATION TO THE REGISTRATION OF A
FIRM, COMPANY, PARTNERSHIP, CORPORATION OR
ASSOCIATION
THE PRACTICE OF ARCHITECTURE IS A PROFESSIONAL SERVICE BASED ON
INDIVIDUAL QUALIFICATIONS. HOWEVER, FIRMS CAN BE REGISTERED
UNDER THE FOLLOWING CONDITIONS:
A) ONLY FILIPINO CITIZENS WHO ARE REGISTERED AND LICENSED
ARCHITECTS CAN FORM SUCH ENTITIES.
B) AT LEAST 75% OF OWNERS, SHAREHOLDERS, MEMBERS, ETC., MUST BE
REGISTERED ARCHITECTS.
SECTION 37. LIMITATION TO THE REGISTRATION OF A
FIRM, COMPANY, PARTNERSHIP, CORPORATION OR
ASSOCIATION
C) INDIVIDUAL MEMBERS ARE COLLECTIVELY RESPONSIBLE FOR THEIR
ACTIONS.
D) THE ENTITY MUST BE REGISTERED WITH THE SECURITIES AND
EXCHANGE COMMISSION AND THE BOARD OF ARCHITECTURE. UPON
APPROVAL BY THE COMMISSION, THE BOARD WILL ISSUE A CERTIFICATE
OF REGISTRATION TO THE REGISTERED ENTITIES.
SECTION 38. COVERAGE OF TEMPORARY/SPECIAL
PERMITS
FOREIGN ARCHITECTS OR CONSULTANTS INTENDING TO WORK IN THE PHILIPPINES,
ESPECIALLY ON GOVERNMENT OR PRIVATE PROJECTS, MUST SECURE A
SPECIAL/TEMPORARY PERMIT FROM THE BOARD OF ARCHITECTURE, SUBJECT TO
COMMISSION APPROVAL, BEFORE COMMENCING THEIR DUTIES.
CONDITIONS FOR PERMIT ISSUANCE INCLUDE CITIZENSHIP IN A COUNTRY ALLOWING
RECIPROCAL PROFESSIONAL PRACTICE, LEGAL QUALIFICATION IN THEIR HOME
COUNTRY, RELEVANCE TO AND ADVANTAGE FOR THE PHILIPPINES, COLLABORATION
WITH A FILIPINO COUNTERPART, RESPONSIBILITY FOR PUBLIC UTILITIES AND TAXES,
AND COMPLIANCE WITH ESTABLISHED RULES.
SECTION 38. COVERAGE OF TEMPORARY/SPECIAL
PERMITS
REGISTRATION PROCEDURES INVOLVE OBTAINING A VISA AND WORK
PERMIT, SECURING THE PERMIT WITHIN 30 DAYS OF COMMISSION,
PROVIDING PROOF OF FILIPINO ARCHITECTS' PRACTICE IN THEIR HOME
COUNTRY, DEMONSTRATING TECHNOLOGY TRANSFER OR
SPECIALIZATION, DEFINING ROLES IN A COVERING AGREEMENT,
DISPLAYING THE ARCHITECTOF-RECORD'S NAME IN ADVERTISEMENTS,
AND POTENTIALLY BECOMING A MEMBER OF THE UNITED ARCHITECTS OF
THE PHILIPPINES, INC. NON-COMPLIANCE MAY RESULT IN PENALTIES SET
BY THE PROFESSIONAL REGULATION COMMISSION (PRC).
SECTION 39. LIABILITY INSURANCE OF A PERSON OR
ENTITY ALLOWED TO PRACTICE UNDER A
TEMPORARY/SPECIAL PERMIT
FOREIGN NATIONALS AND FORMER FILIPINOS INTENDING TO PRACTICE
ARCHITECTURE IN THE PHILIPPINES MUST OBTAIN LOCAL PROFESSIONAL
LIABILITY INSURANCE OR AN EQUIVALENT BOND. THE INSURANCE OR
BOND SHOULD MATCH THEIR PROJECT INVOLVEMENT AND
COMPENSATION. THE BOARD, IN COLLABORATION WITH THE
PROFESSIONAL ORGANIZATION OF ARCHITECTS, WILL ESTABLISH THE
RULES FOR THIS REQUIREMENT WITHIN SIX MONTHS OF R.A. NO. 9266'S
EFFECTIVITY.