Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                

2 RA-9266 Part-2

Download as pdf or txt
Download as pdf or txt
You are on page 1of 23

PROFESSIONAL

PRACTICE 1
AR. JOHN LEMUEL G. LLACUNA
RA 9266
THE ARCHITECTURE ACT OF
2004
REPUBLIC ACT 9266: THE ARCHITECTURE
ACT OF 2004
ARTICLE I – General Provision

ARTICLE II – Professional Regulatory Board of Architecture

ARTICLE III – Examination, Registration and Licensure

ARTICLE IV - Practice of Architecture

ARTICLE V – Final Provisions


ARTICLE III – Examination, Registration and
Licensure

Section 13: Qualifications


Section 12: Examination Section 14: Subjects for Section 15: Rating in the Section 16: Report of
of Applicant for
Required Examination Licensure Examination Ratings
Examination

Section 18: Issuance of Section 21: Indication of


Certificates of Registration Section 19: Roster of Section 20: Seal, Issuance Certificate of Registration /
Section 17: Oath
and Professional Architects and Use of Seal Professional Identification
Identification Card Card and Professional Tax

Section 24: Re-issuance or


Section 23: Suspension and Replacement of Revoked or
Section 22: Refusal to Issue
Revocation of Certificates Lost Certificates of
Certificate of Registration
of Registration, Professional Registration Professional
and Professional
Identification Card or the Identification Card or
Identification Card Special and Temporary
Special Temporary Permit
Permit
Section 12:
Examination
Required
• Mandatory Licensure Examination
• This section mandates that all individuals
seeking registration for the practice of
architecture must undergo a licensure
examination.

• Board Conducts Examination


• The examination is to be administered by the
Professional Regulatory Board of Architecture
(the Board).

• Designation of Places and Dates


• The Commission has the authority to designate
the places and dates for the licensure
examination. This ensures a standardized and
organized process for conducting
examinations.

• Alignment with Republic Act No. 8981


• The examination process is to be conducted
per the provisions of Republic Act No. 8981. This
ensures that the licensure examination adheres
to relevant laws and regulations governing the
regulation and practice of professions in the
Philippines.
Section 13: Qualifications of Applicant for
Examination
This section outlines the qualifications that an individual must meet to be eligible to take the licensure
examination for the practice of architecture:

• Citizenship:
• The applicant must be either a Filipino citizen or a citizen of a foreign country
qualified to take the examination as specified in the Act.
• Good Moral Character:
• The applicant must demonstrate good moral character.
• Educational Qualifications and Architectural Experience:
• The applicant must be a holder of a Bachelor of Science in Architecture
degree from an institution duly recognized and/or accredited by the
Commission on Higher Education (CHED).
Section 13: Qualifications of Applicant for
Examination
This section outlines the qualifications that an individual must meet to be eligible to take the licensure
examination for the practice of architecture:

• Professional Experience
• Additionally, the applicant should have a specific record of at least two years
(or equivalent) of diversified architectural experience, certified by a
registered/licensed architect.
• Master's Degree Credit
• A holder of a Master's Degree in Architecture from a recognized institution
may be credited with one year of practical experience.
• Criminal Convictions:
• Clean Record Requirement: The applicant must not have been convicted of
any criminal offense involving moral turpitude.
Section 14: Subjects for Examination
This section outlines the subjects that will be covered in the licensure examination for architects. It also provides flexibility for the Professional Regulatory
Board of Architecture (the Board) to adjust based on technological changes and evolving trends in the architectural profession.

Subjects:
I. History and Theory of Architecture; Principles of Planning and Architectural Practice
I. This subject area likely encompasses the historical and theoretical aspects of architecture, as well as fundamental
principles related to planning and architectural practice.
II. Structural Design, Building Materials, and Architectural Specifications, and Methods of Construction and Utilities
I. This subject covers the technical aspects of architecture, including structural design, building materials, architectural
specifications, construction methods, and utilities.
III. Urban Design and Architectural Interiors
I. This subject involves the planning and design of urban spaces and architectural interiors, focusing on aesthetic and
functional considerations within the broader context.
IV. Architectural Design and Site Planning
I. This subject area is likely the core of the examination, covering the actual design process and site planning, assessing
the candidate's ability to create functional, aesthetically pleasing, and contextually appropriate architectural
solutions.
Board's Authority to Revise or Add Subjects:
• The Board, subject to the approval of the
Commission, has the authority to revise or
exclude any of the subjects and their syllabi.
• The Board can also add new subjects as
needed to adapt to technological changes
Section 14: and emerging trends in the architectural
Subjects for profession.
Examination This provision recognizes the dynamic nature of
the architectural field, allowing for adjustments
to the examination subjects to ensure that the
licensure process remains relevant and aligned
with advancements in technology and the
evolving demands of the profession.
Section 15: Rating in the Licensure
Examination
This section establishes the criteria for a candidate to be considered as having passed the licensure examination for architects. The key
requirements are as follows:

Qualification Criteria:
• Weighted General Average
• A candidate must obtain a weighted general average of at least seventy percent (70%).
• Subject-Specific Requirement
• In addition to the overall average, the candidate must not have a grade lower than fifty percent (50%) in any
given subject.
• Implications:
• This section sets a standard for the competency level that candidates must achieve to be recognized as having
passed the examination.
• The weighted general average emphasizes the importance of an overall understanding and proficiency across
all subjects.
• The subject-specific requirement ensures that candidates demonstrate a minimum level of competence in
each area, preventing a low grade in one subject from compensating for higher grades in others.
Section 16: Report of Ratings
This section outlines the procedures related to the reporting of examination results by the Professional Regulatory Board of
Architecture (the Board). Here are the key points:

Submission to the Commission:


• Timing - The Board is required to submit the ratings obtained by each candidate to the
Commission within thirty (30) calendar days after the examination.
• Extension for Just Cause - The provision allows for the extension of this timeframe if there is a just
cause. This recognizes that unforeseen circumstances may arise, warranting additional time for
the processing and submission of results.
Communication of Results to Candidates:
• Notification - Upon the release of the examination results, the Board is responsible for sending, by
mail, the rating received by each examinee to the address provided by the examinee during
the examination.
• Mailing Envelope - The mailing envelope submitted by the examinee during the examination
serves as the means for delivering the rating.
This section outlines the requirement for successful
candidates in the licensure examination to take an
oath of profession before commencing the practice of
architecture. Key points include:

Successful candidates are


Oath of Profession: obligated to take an oath of
profession.

Section 17:
Oath The oath can be administered
by any member of the Board,
any government official
Authority to Administer Oath: authorized by the Commission,
or any person authorized by
law to administer oaths.

The oath is a prerequisite


before individuals can officially
Purpose: start practicing as licensed
architects.
This section outlines the process for issuing Certificates of Registration and Professional

Section 18:
Identification Cards to successful examinees who have passed the licensure
examination. Key points include:
• Issuance of Certificate and Identification Card:

Issuance of • Certificates of Registration and Professional Identification Cards are issued to


examinees who have successfully passed the licensure examination.

Certificates of
• Payment of Fees:
• The issuance of these documents is subject to the payment of fees
prescribed by the Commission.

Registration • Content of Certificate of Registration:


• Signatures and Seal - The Certificate of Registration bears the signatures of
the chairperson of the Commission and the chairman and members of the

and Board. It is stamped with the official seal, indicating that the individual
named in the certificate is entitled to practice the profession with all the
associated privileges.

Professional
• Validity Period -The certificate remains valid until withdrawn, suspended, or
revoked per the provisions of the Act.
• Professional Identification Card:

Identification • A Professional Identification Card is issued to every registrant. It includes


information such as the registration number, date of issuance, and expiry
date. The card is duly signed by the chairperson of the Commission.

Card • The Professional Identification Card remains valid for a certain period,
presumably until the expiry date mentioned on the card.
Section 19: Roster of
Architects
This section addresses the creation and availability of
a roster containing information about registered
professional architects. Key points include:
• Creation and Maintenance -The Board is tasked
with preparing and updating a roster that includes
the names and places of business of all registered
professional architects.
• Availability to the Public - Copies of the roster shall
be made available to any party deemed
necessary. This implies that the information
contained in the roster is not restricted, and there is
a level of transparency in making it accessible to
interested parties.
This section focuses on the seal of licensed architects, its issuance,
and the proper use of the seal in architectural plans and
documents. Key points include:
• Seal Requirements:
• Affixing the Seal - Licensed architects are required to affix
the seal prescribed by the Board on all architectural plans,

Section 20:
drawings, specifications, and other contract documents
prepared by them or under their direct supervision.
• Design and Authorization - The Board authorizes and directs

Seal, Issuance the design of the seal. Upon registration, each architect
obtains a seal of the authorized design.

and Use of • Regulation of Seals:


• Prohibition After Expiry or Revocation - It is unlawful for
anyone to stamp or seal any documents with an architect's
Seal seal after the architect's certificate has expired or been
revoked unless the certificate has been renewed or
reissued.
• Enforcement by Authorities - Government officers or
employees responsible for enforcing laws related to
construction must not accept or approve plans that do not
comply with the provisions of the Act. Payment approvals
are also contingent on plans being prepared and signed by
a registered architect.
• Responsibility and Use of Seals:
• Use of Another Architect's Seal - Architects are prohibited
from signing their name, affixing their seal, or using any other
method of signature on documents made under another
architect's supervision, unless clearly indicating the part or
parts of the work performed by them.

Section 20: • Responsibility of Architect-of-Record - The architect-of-


record is fully responsible for all plans, specifications, and

Seal, Issuance
documents issued under their seal or authorized signature.
• Intellectual Property:

and Use of
• Ownership of Documents - Drawings and specifications
signed, stamped, or sealed are deemed the intellectual
property of the architect. Unauthorized duplication or

Seal
making copies without the architect's consent is unlawful.
• Professional Identification Card:
• Requirements for Documents - Architectural plans, designs,
specifications, drawings, and documents related to building
construction must bear the seal and signature of a
registered and licensed architect under the Act, along with
their professional identification card number and the date
of its expiration.
Section 21: Indication of Certificate of
Registration / Professional Identification Card
and Professional Tax
This section mandates architects to provide specific details regarding their professional credentials on the documents they sign, use, or issue
in connection with the practice of their profession. Key points include:

Required Indications:
• Certificate of Registration and Professional Identification Card -Architects must
indicate details related to their Certificate of Registration and Professional
Identification Card on the documents. This includes specifying the date of
issuance, duration of validity, and professional tax receipt number.
Purpose of Indications:
• Professional Accountability - The requirement serves to enhance transparency
and professional accountability by ensuring that relevant information about an
architect's qualifications and credentials is easily accessible on the documents
associated with their professional practice.
Section 22: Refusal to Issue Certificate of
Registration and Professional Identification
Card
This section outlines the circumstances under which the Board may refuse to register and issue a Certificate of
Registration and Professional Identification Card. Key points include:

• Grounds for Refusal:


• False Sworn or Misrepresentation: The Board shall not register and issue
certificates to individuals who have falsely sworn or misrepresented themselves
in their application for examination.
• Criminal Offense Involving Moral Turpitude: Registration will be refused to
individuals convicted by a court of competent jurisdiction of a criminal
offense involving moral turpitude.
• Immoral and Dishonorable Conduct: Individuals found guilty of immoral and
dishonorable conduct may also be refused registration.
• Unsound Mind: Registration is not granted to individuals of unsound mind.
Section 22: Refusal to Issue Certificate of
Registration and Professional Identification
Card
• Notification of Refusal:
• Written Statement: In the event of refusal, the Board is required to provide the
applicant with a written statement detailing the reasons for the refusal. This
statement becomes part of the Board's records.
• Exceptions:
• Political Offense or Disqualifying Offense: Registration shall not be refused, or a
name removed from the roster of architects based on conviction for a
political offense or an offense that, in the opinion of the Board, should not
disqualify a person from practicing under the Act. The nature of the offense or
circumstances of the case may be considered.
Section 23:
Suspension and This section outlines the powers of the Board to
suspend or revoke the Certificate of
Revocation of Registration/Professional Identification Card or
Certificates of cancel a special permit granted to an
architect under certain grounds mentioned in
Registration, Section 22 or for specific actions outlined in
Professional Section 23. Key points include:
Grounds for Suspension or Revocation:
Identification
• Fraud or Deceit - The Board can take action if
Card or the an architect uses fraud or deceit in obtaining
Special their Certificate of Registration and
Professional Identification Card or is found to
Temporary have engaged in dishonorable conduct.
Permit
Section 23: • Specific Causes for Action:
• Signing Documents Not Prepared Under Supervision: If an

Suspension and architect signs or affixes their name or seal on documents


not prepared by them or not executed under their

Revocation of
immediate supervision.
• Payment to Secure Certificate: If an architect pays money,

Certificates of
other than regular fees, to secure a Certificate of
Registration.
• False Impersonation or Use of Assumed Names: If an
Registration, architect falsely impersonates another practitioner,
practices under an assumed or fictitious name, or practices

Professional under a corporate name different from the registered


name.

Identification • Aiding Unqualified Practice: If an architect aids or abets the


practice of architecture by an unauthorized person.

Card or the • Solicitation Without Service Agreement: If an architect


openly solicits projects without a valid service agreement
guaranteeing compensation or allows themselves to be
Special exploited without a valid service agreement, both acts are
prejudicial to other registered architects.

Temporary • Violation of Laws and Ethical Standards: If an architect


violates any provision of the Act, its implementing rules and

Permit regulations, or the Code of Ethical Conduct and Standards


of Professional Practice.
Section 23:
Suspension and Board's Periodic Examination and Updating:
Revocation of • The Board is mandated to periodically examine
Certificates of the grounds for the revocation of Certificates of
Registration and Professional Identification Cards
Registration, and update them as necessary through
implementing rules and regulations.
Professional Filing of Charges:
Identification • Any person, firm, or association can file charges
Card or the against a registrant based on the grounds outlined
in this section. The charges must be in writing,
Special sworn to by the person making them, and filed

Temporary with the Secretary of the Board.

Permit
This section outlines the conditions and procedures for the re-

Section 24: Re-


issuance or replacement of revoked or lost Certificates of
Registration, Professional Identification Cards, or Special and
Temporary Permits. Key points include:
issuance or • Reinstatement of Revoked Certificate:

Replacement of • The Board has the authority, after the expiration of two
(2) years from the date of revocation, to reinstate the

Revoked or Lost
validity of a revoked Certificate of Registration,
Professional Identification Card, or special/temporary
permit.
Certificates of • Conditions for Reinstatement:

Registration • The reinstatement is subject to application and must


be for reasons deemed proper and sufficient by the

Professional
Board.
• The Board, at its discretion, may exempt the applicant

Identification
from taking another examination.
• Re-issuance or Replacement of Lost Documents:

Card or Special • A new Certificate of Registration, Professional


Identification Card, or temporary or special permit

and Temporary may be re-issued to replace those that have been lost,
destroyed, or mutilated.

Permit • The re-issuance is subject to rules established by the


Board and the Commission.
• The process includes the payment of required fees.

You might also like