REPUBLIC ACT NO. 9266

To help in disseminating the new Architectural Act of the Philippines, I am posting its full text as it was signed into law by President Arroyo on March 17.



Republic of the Philippines

Congress of the Philippines

Metro Manila

Twelfth Congress

Third Regular Session




Begun and held in Metro Manila, on Monday, the twenty-eighth day of
July, two thousand three.

REPUBLIC ACT NO. 9266

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

Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:



ARTICLE I
GENERAL PROVISIONS



SECTION 1. Short Title. - This Act shall be known as "The Architecture
Act of 2004."

SEC. 2. Statement of Policy. - 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.
SEC. 3. Definition of Terms. - As used in this Act, the following terms
shall be defined as follows:

(1) "Architecture" is the art, science or profession of planning,
designing and constructing buildings in their totality taking into account
their environment, in accordance with the principles of utility,
strength and beauty;

(2) "Architect" means a person professionally and academically
qualified, registered and licensed under this Act 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;

(a) "Architect-of-record (AoR)" means the architect registered and
licensed under this Act, 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;

(b) "Architect-in-charge of construction" means an architect registered
and licensed under this Act, who is directly and professionally
responsible and liable for the construction supervision of the project;

(c) "Consulting Architect'' means the architect registered and licensed
or permitted to practice under this Act, who is professionally and
academically qualified and with exceptional or recognized expertise or
specialization in any branch of architecture;

(3) "General Practice of Architecture" means 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;

(4) "Scope of the 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:

(a) planning, architectural designing and structural conceptualization;

(b) 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;

(c) schematic design, design development, contract documents and
construction phases including professional consultancies;

(d) preparation of preliminary, technical, economic and financial
feasibility studies of plans, models and project promotional services;

(e) preparation of architectural plans, specifications, bill of
materials, cost estimates, general conditions and bidding documents;

(f) 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;

(g) 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
lay-outing of mechanical, electrical, electronic, sanitary, plumbing,
communications and other utility systems, equipment and fixtures;

(h) building programming, building administration, construction
arbitration and architectural conservation and restoration;

(i) 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 and 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

(j) all other works, projects and activities which require the
professional competence of an architect, including teaching of architectural
subjects and architectural computer-aided design;

(5) "Structural Conceptualization" 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;

(6) "Architectural Firm" means a sole proprietorship, a partnership or
a corporation registered with the proper government agencies;

(7) "Authorship" refers to the author or authors of a set of
architectural plans or specifications who are in charge of their preparation,
whether made by them personally or under their immediate supervision;

(8) "Board" refers to the Professional Regulatory Board of
Architecture;

(9) "Commission" means the Professional Regulation Commission;

(10) "Service Agreement" 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 this Act;

(?) The definition of the term "Contract Documents", already approved
during the Bi-Cameral Conference Committee Meeting may have been
inadvertently or purposely excluded;

(11) "Integrated and Accredited Professional Organization (IAPO)" 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;

(12) "Continuing Professional Development" refers to a sustaining and
progressive learning process that maintains, enhances, or increases the
knowledge and continuing ability of architects;

(13) "DTI" shall mean the Department of Trade and Industry; and

(14) "SEC" shall mean the Securities and Exchange Commission.



ARTICLE II
PROFESSIONAL REGULATORY BOARD OF ARCHITECTURE



SEC. 4. Creation and Composition of the Professional Regulatory Board.
- 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, to be 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 this Act.



SEC. 5. Qualifications of Members 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 the nomination; and

(e) Has never been convicted of any crime involving moral turpitude.

SEC. 6. Term of Office. - The members of the Board shall hold office
for a term of three (3) years after appointment or until their successors
shall have been appointed and duly qualified. Any vacancy occurring
within the term of a member shall be filled for the unexpired portion of
the term only. Each member of the Board may be reappointed for one full
term of three (3) years. Of the members of the Board first appointed
under this Act, 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.

SEC. 7. Powers and Functions of the Board. - The Board shall exercise
the following specific powers, functions and responsibilities:

(a) Prescribe and adopt the rules and regulations necessary for
carrying out the provisions of this Act;

(b) Supervise the registration, licensure and practice of architects;

(c) Administer oaths in connection with the administration of this Act;

(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 this
Act, its implementing rules and regulations, the Code of Ethical Conduct
(UAP Document 200) and Standards of Professional Practice (UAP
Documents 201 to 208), and for this purpose, to issue subpoena ad testificandum
and subpoena duces tecum to secure the appearance of witnesses and the
production of documents in connection therewith: Provided, That the
decision of the Board shall, unless appealed to the Commission, become
final and executory after fifteen (15) days from receipt of notice of
judgment or decision. The decision of the Commission may be appealed to the
Court of Appeals in accordance with the procedure under the Rules of
Court;

(i) Prescribe guidelines for the Continuing Professional Development
(CPD) program in consultation with the integrated and accredited
professional organization of architects: Provided, That the attendance to said
CPD shall not be a mandatory requirement for the renewal of a
professional license;

(j) Prepare, adopt, issue or amend the syllabi of the subjects for
examinations by determining and preparing questions which shall be within
the scope of the syllabi of the subject for examination as well as
administer, correct and release the results of the licensure examinations;

(k) Approve, issue, limit or cancel temporary or special permit to
practice architecture;

(1) In coordination with the CHED, ensure that all higher educational
instruction and offerings of architecture comply with the policies,
standards and requirements of the course prescribed by the CHED in the
areas of curriculum, faculty, library and facilities;

(m) To adopt a program for the full computerization of the licensure
examination; and

(n) Discharge such other duties and functions as may be deemed
necessary for the enhancement of the architecture profession and the upgrading,
development and growth of the architecture education.

The policies, resolutions, rules and regulations, issued or promulgated
by the Board shall be subject to review and approval of the Commission.
However, the Board's decisions, resolutions or orders rendered in
administrative cases shall be subject to review only if on appeal.

SEC. 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 records of the Board,
including applications for examination, and 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 this Act.

SEC. 9. Grounds for Suspension or Removal of' Members of the Board.-
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 this Act, 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.

SEC. 10. Compensation and Allowances 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.

SEC. 11. Annual Report. - 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.



ARTICLE III
EXAMINATION, REGISTRATION AND LICENSURE

SEC. 12. Examination Required. - All applicants for registration for
the practice of architecture shall be required to undergo a licensure
examination to be given by the Board in such places and dates as the
Commission may designate in accordance with the provisions of Republic Act
No. 8981.

SEC. 13. Qualifications of Applicant for Examination. - Any person
applying for examination shall establish to the satisfaction of the Board
that:

(a) He/she is a Filipino citizen or a citizen of a foreign country
qualified to take the examination as provided for in this Act;

(b) He/she is of good moral character;

(c) He/she is a holder of a 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.

SEC. 14. Subjects for Examination. - The licensure examination for
architects shall cover, but are not limited to, the following subjects:

(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; and

(4) Architectural Design and Site Planning.

The Board, subject to the approval of the Commission, may revise or
exclude any of the subjects and their syllabi, and add new ones as the
need arises to conform to technological changes brought about by
continuing trends in the profession.

SEC. 15. Rating in the Licensure Examination. - To be qualified as
having passed the licensure examination for architects, a candidate must
obtain a weighted general average of seventy percent (70), with no grade
lower than fifty percent (50) in any given subject.

SEC. 16. Report of Ratings. - 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.

SEC. 17. Oath. - 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 or any person
authorized by law to administer oaths, prior to entering upon the practice
of the profession.

SEC. 18. Issuance of Certificates of Registration and Professional
Identification Card. - 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, 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 this Act.

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.

SEC. 19. Roster of Architects.- A roster showing the names and place of
business 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.

SEC. 20. Seal, Issuance and Use of Seal. - 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 registrant's 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 plans or
specifications which have not been prepared and submitted in full accord
with all the provisions of this Act; nor shall any payments be approved
by any such officer for any work, the plans and specifications for
which have not been so prepared and signed and sealed by the author.

(3) 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 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 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 him/her. The architect-of-record shall be
fully responsible for all architectural plans, specifications and other
documents issued under his/her seal or authorized signature.

(4) Drawings and specifications duly signed, stamped or sealed, as
instruments of service, are the intellectual properties and documents of
the architect, whether the object for which they are made is executed or
not. It shall be unlawful for any person, without the consent of the
architect or author of said documents 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.

(5) All architectural plans, designs, specifications, drawings and
architectural documents relative to the construction of a building shall
bear the seal and signature only of an architect registered and licensed
under this Act together with his/her professional identification card
number and the date of its expiration.

SEC. 21. Indication of Certificate of Registration/ Professional
Identification Card and Professional Tax Receipt. - The architect shall be
required to indicate his/her Certificate of Registration and Professional
Identification Card. its date of issuance and the duration of validity,
including the professional tax receipt number, on the documents he/she
signs, uses or issues in connection with the practice of his/her
profession.



SEC. 22. Refusal to Issue Certificate of Registration and Professional
Identification Card. - 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 this Act.
SEC. 23. Suspension and Revocation of Certificates of Registration,
Professional Identification Card or the Special/Temporary Permit. - 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 this Act 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



(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 (by) any
person not duly authorized to practice architecture in the Philippines; or

(e) has openly solicited projects by actually undertaking architectural
services 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
registered and licensed under this Act and inimical to the interests of the
profession; or

(f) has violated any provision of this Act, its implementing rules and
regulations, the Code of Ethical Conduct (UAP Document 200) and
Standards of Professional Practice (UAP Documents 201 through 208).

The Board shall periodically examine the grounds for the revocation of
the Certificate of Registration and Professional Identification Card
and update these as necessary under the implementing rules and
regulations.

Any person, firm or association, may prepare charges in accordance with
the provisions of this section against any registrant, or the Board may
motu propio investigate and/or take cognizance of acts and practices
constituting sufficient cause for suspension or revocation of the
Certificate of Registration by proper resolution or order. Such charges shall
be in writing and shall be sworn to by the person making them and shall
be filed with the Secretary of the Board.

SEC. 24. Re-issuance or Replacement of Revoked or Lest Certificates of
Registration. Professional Identification Card or Special and 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.

A new Certificate of Registration or Professional Identification Card,
temporary/special permit to replace those which have been lost,
destroyed, or mutilated, may be re-issued, subject to the rules promulgated by
the Board and the Commission, upon payment of the required fees.



ARTICLE IV
PRACTICE OF ARCHITECTURE
SEC. 25. Registration of Architects Required. - 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 this Act.

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 this Act, 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 unauthorized practice of architecture.

SEC. 26. Vested Rights: Architects Registered When this Law is Passed.
- 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.



Certificate of Registration held by such persons in good standing shall
have the same force and effect as though issued after the passage of
this Act.

SEC. 27. Reciprocity Requirements. - 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.

SEC. 28. Continuing Professional Development (CPD). - 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.

SEC. 29. Prohibition in the Practice of Architecture and Penal Clause.
- 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
this Act, 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 whether Filipino or foreigner, who knowingly
allows the use, adoption, implementation of plans, designs or
specifications made by any person, firm, partnership or company not duly licensed
to engage in the practice of architecture, or any person who shall
violate any of the provisions of this Act, its implementing rules and
regulations, the Code of Ethical Conduct and Standards of Professional
Practice, or any policy of the Board and the Commission, shall be guilty of
misdemeanor and charged in court by the Commission and shall, upon
conviction be sentenced to a fine of not less than One hundred thousand
pesos (Pl00,000.00) but not more than Five million pesos (P5,000,000.00)
or to suffer imprisonment for a period not less than six (6) months or
not exceeding six (6) years, or both, at the discretion of the Court.

SEC. 30. Prohibition in the Practice of Architecture. - 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 this Act to undertake/perform any service
under the general practice of architecture as defined under this Act,
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.

SEC. 31. Liability of Representatives of Non-Registered Persons.- It
shall be unlawful for any person or firm or corporation to seek to avoid
the provisions of this Act by having a representative or employee seek
architectural work in their behalf, unless and until, such persons have
duly qualified and are duly registered/licensed, otherwise, both those
represented and the representative, the employer and the employee shall
be deemed guilty of violation of this Act. 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.

SEC. 32. Signing of Architectural Plans, Specifications and Other
Contract Documents. - 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 it shall be unlawful for any person, except the
Architect-of-record to sign for any branch of the work, or any function
or architectural practice, not actually performed by him/her. The
Architect-of-record shall be fully responsible for all architectural plans,
specifications, and other documents issued under his/her seal or
authorized signature.

The Board shall make all the necessary rules and regulations with
regards to the signing and sealing of drawings, specifications, reports, and
other documents.

SEC. 33. Ownership of Plans, Specifications 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. (reaffirms the pertinent provisions of RA 8293 or The Intellectual
Property Code )

All architects shall incorporate this provision in all contract
documents and other instruments of service.

SEC. 34. Non-Registered Person Shall Not Claim Equivalent Service. -
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.

SEC. 35. Positions in Government Requiring the Services of Registered
and Licensed Architects. - Within three (3) years from the effectivity
of this Act, 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.

SEC. 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.



SEC. 37. Limitation to the Registration of a Firm, Company,
Partnership, Corporation or Association. - 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:

(a) Only Filipino citizens properly registered and licensed as
architects under this Act may, among themselves, or together with allied
technical professionals, form and obtain registration as a firm, company,
partnership, association or corporation for the practice of architecture;

(b) Registered and licensed architects shall compose at least
seventy-five percent (75) of the owners, shareholders, members, incorporators,
directors, executive officers, as the case may be;

(c) Individual members of such firm, partnership, association or
corporation shall be responsible for their individual and collective acts as
an entity and as provided by law;

(d) Such firm, partnership, association or corporation shall be
registered with the Securities and Exchange Commission and the Board.

SEC. 38. Coverage of Temporary/Special Permits. - 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 consummated in the Philippines or in a foreign country:
Provided, further, That the following conditions are satisfied as follows:

(a) That he/she is a citizen or subject of a country which specifically
permits 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;

(b) That he/she is legally qualified to practice architecture in
his/her own country, and that his/her expertise is necessary and advantageous
to our country particularly in the aspects of technology transfer and
specialization;

(c) That foreign nationals shall be required to work with a Filipino
counterpart and shall also be responsible for public utilities and taxes
due to the Philippine government, relative to their participation in,
or professional services rendered to the project, in accordance with the
established implementing rules and regulations providing for the
procedure for the registration and/or issuance of temporary/special permits
to foreign architects allowed by law to practice their profession in the
Philippines by the Board of Architecture and the accredited
professional organization; and

(d) Agencies, organizations or individuals, whether public or private,
who secure the services of a foreign professional authorized by law to
practice in the Philippines for reasons aforementioned, shall be
responsible for securing a special permit from the Professional Regulation
Commission (PRC) and the Department of Labor and Employment (DOLE)
pursuant to PRC and DOLE rules.

SEC. 39. Liability Insurance of a Person or Entity Allowed to Practice
under a Temporary/Special Permit. - Foreign nationals, including former
Filipinos wanting to engage in the general practice of architecture as
defined in Section 3 (c) of this Act 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 compensation(.) the implementing
rules and regulations for such a requirement for practice 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 this Act.



ARTICLE V

FINAL PROVISIONS



SEC. 40. Integration of the Architecture Profession. - 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 this Act 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.

SEC. 41. Implementing Rules and Regulations. - Within sixty (60) days
after the effectivity of this Act, the Board, subject to the approval of
the Commission and in coordination with the 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 this Act 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.

SEC. 42. Appropriations. - The Chairperson of the Professional
Regulation Commission shall immediately include in the Commission's programs
the implementation of this Act, the funding of which shall be included in
the annual General Appropriations Act.

SEC. 43. Act Not Affecting Other Professionals. -This Act shall not be
construed to affect or prevent the practice of any other legally
recognized profession.

SEC. 44. Enforcement of the Act. - It shall be the primary duty of the
Commission and the Board to effectively enforce the provisions of this
Act. 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 this Act and
to prosecute any person violating the provisions of the same. The
Secretary of Justice or his duly designated representative shall act as
legal adviser to the Commission and the Board and shall render legal
assistance as may be necessary in carrying out the provisions of this Act.

Any person may bring before the Commission, Board or the aforementioned
officers of the law, cases of illegal practice or violations of this
Act committed by any person or party.

The Board shall assist the Commission in filing the appropriate charges
through the concerned prosecution office in accordance with law and the
Rules of Court.

SEC. 45. Separability Clause. - If any clause, provision, paragraph or
part hereof shall be declared unconstitutional or invalid, such
judgment shall not affect, invalidate or impair any other part hereof, but
such judgment shall be merely confined to the clause, provision, paragraph
or part directly involved in the controversy in which such judgment has
been rendered.

SEC. 46. Repealing Clause. - Republic Act No, 545, as amended by
Republic Act No. 1581 is hereby repealed and all other laws, orders, rules
and regulations or resolutions or part/s thereof inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

SEC. 47. Effectivity. - This Act shall take effect after fifteen (15)
days following its publication in the Official Gazette or in two (2)
newspapers of general circulation.



Approved,





(ORIGINAL SIGNED) (ORIGINAL SIGNED)



FRANKLIN M. DRILON JOSE DE VENECIA, JR.

President of the Senate Speaker of the
House

of Representatives

This Act which is a consolidation of House Bill No. 5389 and Senate
Bill No. 2710 was finally passed by the House of Representatives and the
Senate on January 28, 2004 and January 29, 2004, respectively.




(ORIGINAL SIGNED) (ORIGINAL SIGNED)


OSCAR G. YABES ROBERTO P. NAZARENO
Secretary of the Senate Secretary
General

House of
Representatives



Approved:





(ORIGINAL SIGNED 17 MARCH 2004)



GLORIA MACAPAGAL-ARROYO
President of the Philippines