Download as DOCX, PDF, TXT or read online from Scribd
Download as docx, pdf, or txt
You are on page 1of 6
RA 9266: “THE ARCHITECTURE ACT OF 2004” - Architectural Company PROFESSIONAL REGULATORY BOARD OF
- Begun: Monday, July 28, 2003 - Architecture Corporation ARCHITECTURE
- Signed into law: March 17, 2004 - Architectural Documents SECTION 4: CREATION AND COMPOSITION OF - Effectivity: April 10, 2004 - Repealing RA 545: an act to regulate the - Architectural Interiors THE PROFESSIONAL REGULATORY BOARD practice of architecture in the Philippines - Architectural Partnership - 1 Chairman, 2 Members appointed by the - Architectural Plans President of the Philippines from list of 3 ARTICLE I - Building recommendee chosen form 5 nominees of each GENERAL PROVISION - Certificate of Registration position SECTION 1: TITLE - Code of Ethical Conduct SECTION 5: QUALIFICATIONS OF MEMBERS OF “The Architecture Act of 2004” - Consulting Architect THE PROFESSIONAL REGULATORY BOARD SECTION 2: STATEMENT OF POLICY - Contract Documents - Citizen and resident of the PH SECTION 3: DEFINITION OF TERMS - Copyright (or Copyright Ownership) - Degree holder of BS Architecture - Architecture - CPD Providers - Architect with COR/PIC and at least 10 years - Architect - Diversified Architectural Experience active practitioner o Architect-of-record - Foreign Architect - Not member of faculty of any school, and o Architect-in-charge of construction - Filipino Counterpart stopped teaching, advising, etc. for at least 5 o Consulting Architect - Ownership years prior to nomination - General Practice of Architecture - Planning - Never been convicted of any crime involving - Scope of the Practice of Architecture - Physical Planner moral turpitude - Structural Conceptualization - Professional - Not be an elective officer of the IAPOA and - Architectural Firm - Professional Identification Card other professional organization of architects - Authorship - Site Planning SECTION 6: TERM OF OFFICE - Board - Standards of Professional Practice - 3 years - Commission - Sole Proprietorship - Chairman (3 years) - Service Agreement - Specialization - 1 member (2 year) - Integrated and Accredited Professional - Syllabi - 1 member (1 year) Organization - Technology Transfer SECTION 7: POWERS AND FUNCTIONS OF THE - Continuing Professional Development - Urban Design BOARD - DTI - Prescribe and adopt the IRR - SEC ARTICLE II - Association - Supervise the registration, licensure and practice - manipulation or rigging of ALE results 1. History and Theory of Architecture, Principles of architects SECTION 10: COMPENSATION AND of Planning and Architectural Practice - Administer oaths ALLOWANCES OF THE BOARD 2. Structural Design, Building Materials, and - Issue, suspend, revoke, or reinstate SECTION 11: ANNUAL REPORT Architectural Specifications, and Methods of - Adopt official seal Construction and Utilities - Monitors conditions of practice ARTICLE III 3. Urban Design and Architectural Interiors - Prescribe/adopt Code of Ethical Conduct and EXAMINATION, REGISTRATION AND 4. Architectural Design and Site Planning SPP LICENSURE SECTION 15: RATING IN THE LICENSURE - Hear and decide administrative cases SECTION 12: EXAMINATION REQUIRED EXAMINATION - Prescribe guidelines for CPD SECTION 13: QUALIFICATIONS OF APPLICANT - Must obtain 70% with no grade lower than 50% - Prepare, adopt, issue or amend the syllabi of the FOR EXAMINATION in any given subject subjects for exam and administer, correct and - Filipino citizen or qualified foreigner SECTION 16: REPORT OF RATINGS release results of exam - Good moral character - 30 calendar days after the exam - Approve, issue, limit, or cancel TSP - Holder of BS Architecture, and at least 2 years SECTION 17: OATH - Coordinate with CHED on policies, standards of DAE (1 year for Master’s Degree holder) SECTION 18: ISSUANCE OF CERTIFICATES OF and requirements of the course - not been convicted of any criminal offense REGISTRATION AND PROFESSIONAL - Adopt a program for full computerization of the involving moral turpitude IDENTIFICATION CARD exam - Supporting Documents: - PIC renewable every after 3 years - Discharge other duties and functions for o Certificate of live Birth SECTION19: ROSTER OF ARCHITECTS enhancement of the profession o Marriage Contract SECTION 20: SEAL, ISSUANCE AND USE OF SEAL SECTION 8: ADMINISTRATIVE SUPERVISION OF o College diploma - Prohibited Acts THE BOARD, CUSTODIAN OF ITS RECORDS, o Transcript of Records o Use after COR expiration SECRETARIAT AND SUPPORT SERVICES o DT form 001 & 002 o Docs made under another architect’s SECTION 9: GROUNDS FOR SUSPENSION OR supervision o Architect-mentor affidavit REMOVAL OF MEMBERS OF THE BOARD o Duplication of docs for another project o Mentor’s PIC, PTR, IAPOA number - neglect of duty or incompetence o Sign and seal only by LRA’s o NBI clearance - violation or tolerance of RA 9266, its IRR, CEC SECTION 21: INDICATION OF CERTIFICATE OF o Others the board may require and SPP REGISTRATION/PROFESSIONAL IDENTIFICATION SECTION 14: SUBJECTS FOR EXAMINATION - final judgement of crimes involving moral CARD AND PROFESSIONAL TAX RECEIPT turpitude SECTION 22: REFUSAL TO ISSUE OF SECTION 26: VESTED RIGHTS: ARCHITECTS - Any person or entity who FERC (force, entice, CERTIFICATE OF REGISTRATION AND REGISTERED WHEN THIS LAW IS PASSED require, coerce) RLA to render service without PROFESSIONAL IDENTIFICATION CARD SECTION 27: RECIPROCITY REQUIREMENTS service agreement, guilty of misdemeanor - to any person convicted by a court of competent - Foreign applicant requirements: o Fine of +200,000 jurisdiction of any criminal offense including o Original or certified copy of any o Imprisonment of -6 years moral turpitude official document issued by the Bureau o Or both - guilty of immoral or dishonorable conduct of Immigration and Deportation SECTION 31: LIABILITY OF REPRESENTATIVES - any person of unsound mind o Passport for examination OF NON-REGISTERED PERSONS SECTION 23: SUSPENSION AND REVOCATION OF o Original or authenticated copy of TOR - both those represented and the representative, CERTIFICATE OF REGISTRATION, PROFESSIONAL or equivalent document the employer and the employee shall be deemed IDENTIFICATION CARD, OR THE o Other docs that may be required guilty of violation SPECIAL/TEMPORARY PERMIT SECTION 28: CONTINUING PROFESSIONAL SECTION 32: SIGNING OF ARCHITECTURAL - signed contract not authorized by him DEVELOPMENT (CPD) PLANS, SPECIFICATIONS AND OTHER CONTRACT - paid to secure COR SECTION 29: PROHIBITION IN THE PRACTICE OF DOCUMENTS - impersonated or practiced under fictitious name ARCHITECTURE AND PENAL CLAUSE - prohibited acts - aided in the practice of a person not authorized - Illegal Practitioner o sign and seal documents made under to practice o Fine of +100,000 but -5,000,000 another architects supervision - undertaken service without service agreement o sign for any work not actually o Imprisonment of +6 months of -6 years, - violations of the act and its IRR o Or both performed by him/her SECTION 24: RE-ISSUANCE OR REPLACEMENT - Head of government agency or officer of private - 15 years of liability under Article 1723 of the OF REVOKED OR LOST CERTIFICATES OF firm/institution Civil Code REGISTRATION, PROFESSIONAL o Imprisonment of +6 months and 1 day SECTION 33: OWNERSHIP OF PLANS, IDENTIFICATION CARD OR to -6 years SPECIFICATIONS AND OTHER CONTRACT SPECIAL/TEMPORARY PERMIT o Fine of +50,000 to -500,000 DOCUMENTS
o Or both - RA 8293: Intellectual Property Code
ARTICLE IV SECTION 34: NON-REGISTERED PERSON SHALL SECTION 30: PROHIBITION IN THE PRACTICE OF PRACTICE OF ARCHITECTURE NOT CLAIM EQUIVALENT SERVICE ARCHITECTURE SECTION 25: REGISTRATION OF ARCHITECTS SECTION 35: POSITIONS IN GOVERNMENT REQUIRED REQUIRING THE SERVICES OF REGISTERED AND LICENSED ARCHITECTS - Civil liabilities amounting 1.5% of the project FINAL PROVISIONS cost of every project provided it shall not exceed SECTION 40: INTEGRATION OF THE PRBOA RESOLUTIONS 50% of his annual salary which shall be paid ARCHITECTURE PROFESSION #3 -2004 – Accreditation of UAP as the IAPOA upon full completion of the project - Functions, duties, and responsibilities of the #7 – 2004 – IRR of RA 9266 SECTION 36: COLLECTION OF PROFESSIONAL UAP as the IAPOA #2 – 2005 – valid cert of UAP membership, FEES o Nominations to the vacancy of annual/lifetime membership dues, issuance of PIC, COR, - Unlawful for any unregistered person unless positions to the BOA and Renewal collecting as a representative of a Registered o Responsibility of preparing a program #4 – 2005 – adopting the logbook of DAE Architect of CPD #2 – 2006 – adoption and promulgation of the CEC for SECTION 37: LIMITATION TO THE o Endorsement of the practice of foreign RLAs and TSP REGISTRATION OF A FIRM, COMPANY, nationals to be issued TSP #5 – 2005 – design, size, context of dry seal PARTNERSHIP, CORPORATION OR ASSOCIATION o Recommendation of compliance with #6 – 2006 – adoption and promulgation of Code of - Only Filipino RLA or with allied technical liability insurance under a TSP Ethical Conduct for RLA & TSP professionals o Monitoring compliance and endorsing #6 – 2007 – prescribing guidelines on DAE certifying - Shall compose at least 75% of RLAs to/or filing a complaint with the board prospective examinees based overseas - Registered with SEC and PRBOA o Some other may be prescribed by the #1 – 2008 – restricting the practice of non-RLAs without - Individual members are responsible for their BOA from time to time the direct supervision of a RLA individual and collective acts SECTION 41: IMPLEMENTING RULES AND #3 – 2008 – guidelines for the procedure on the issuance SECTION 38: COVERAGE OF REGULATIONS of TSP TEMPORARY/SPECIAL PERMITS - within 60 days after the effectivity of RA 9266 #9 – 2008 – redefining DAE as an experience of at least - Reciprocity requirements - effective 15 days following publication in the 3,840 hours - Qualified to practice in own country Official Gazette or in 2 major daily newspapers #5 – 2016 – limiting the requirement for the initial - Expertise and technology transfer of general circulation registration and renewal of the PIC - With Filipino counterpart SECTION 42: APPROPRIATIONS #5 – 2016 – approval, adoption and promulgation of the - DOLE and PRC permits SECTION 43: ACT NOT AFFECTING OTHER SPP compliances on methods of compensation and SECTION 39: LIABILITY INSURANCE OF A PROFESSIONALS schedule of fees PERSON OR ENTITY ALLOWED TO PRACTICE SECTION 44: ENFORCEMENT OF THE ACT #16 – 2016 – approval adoption and promulgation of the UNDER A TEMPORARY/SPECIAL PERMIT SECTION 45: SEPARABILITY CLAUSE architect’s guidelines for standards of professional
SECTION 46: REPEALING CLAUSE practice compliances on the methods of compensation
ARTICLE V SECTION 47: EFFECTIVITY and schedule of fees, as prepared and recommended by - Oversee activities of various boards - An officer or employee of the commission or IAPOA - Oversee licensure exams member of the board, perpetual absolute - Architect’s National Code as early as 1960, - Maintain records of professionals disqualification from public office composed of 2 major parts: COC & SPP - Issue COR/ Licenses - For accomplices (adopted and approved on September 24, 1979) - Maintain records of various boards o 4 years and 1 day to 6 years #10 – 2018 – DAE should be post post-baccalaureate - Fix and collect charges and fees o 20,000 to -49,000 experience - Appoint officials and employees o Or both #5 – 2018 – adopted and promulgated the architect’s - Recommend members of various boards - For accessories credo, amending #5-2006 - Evaluate foreigner’s application for COR o 2 years and 1 day to 4 years - Supervise practicing foreigners o 5,000 to 19,000 RA 8981: PRC MODERNIZATION ACT OF 2000 - Monitor school performance o Or both - amending PD 223: PRC LAW - Implement full computerization of exams - SECTION 16: for Heads of government COMPOSITION - Authorize any officer to administer oaths agencies or officers of private - 1 full-time Chairperson - Investigate illegal practice institutions/entities - 2 full-time Commissioners RESOLUTIONS o +6 months and 1 day to -6 years - All to be appointed by the President for a term of #465 s2008 – attendance to the CPD courses offered by o +50,000 to -500,000 7 years without reappointment CPE Council o Or both QUALIFICATIONS #774 s2013 – revised guidelines on CPD Program - At least 40 years of age #4 s2017 – operational guidelines in the Implementation - Holding valid COR/PIC of RA 10912: Continuing Professional Development Act RA 1582 (repealed RA 544): Practice of Civil - Familiar with the principles and methods of of 2016 Engineering professional regulation and/or licensing - At least 5 years of executive or management Section 15: Penalties for Manipulation and Other RA 10350 (amended RA 8534): Practice of Interior experience corrupt practices in the conduct of Professional Design - 1 of the commissioners must be past examinations Chairperson/ member of PRB - Any person who manipulates or rigs licensure RA 9053: Practice of Landscape Architecture FUNCTIONS examination results - Enforce regulatory policies of National o +6 years and 1 day to -12 years RA 10587 (amended PD 1308): Practice of Government o Fine of +50,000 to -100,000 Environmental Planning - Promulgate and execute rules o Or both RA 957: THE SUBDIVISION AND CIVIL CODE OF THE PHILIPPINES CONDOMINUIM BUYERS’ PROTECTIVE DECREE ARTICLE 1723 - The engineer or architect who drew up the plans PD 856: SANITATION CODE OF THE and specifications for a building is liable for PHILIPPINES damages if 15 years from completion of the structure the same should collapse by reason of: o A defect in those plans and specifications o Due to the defects in the ground - The contractor is, likewise, responsible for the damages if the edifice falls, within the same period on account of o Defects in the construction o Use of materials of inferior quality o Violations of the terms of the contract - If the architect or architect supervises the construction, shall be solitarily liable with the contractor - The action must be brought within 10 years following the collapse of the building RA 7160: THE LOCAL GOVERNMENT CODE OF 1991 RA 6713: THE CIVIL SERVICE RULES RA 10912: CPD LAW OF 2016 RA 8293: INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES RA 9514: FIRE CODE OF THE PHILIPPINES OF 2008