PROFESSIONAL PRACTICE 2

Administering the Regular Services of the Architect

REPUBLIC ACT No.9266 “THE ARCHITECTURE ACT OF 2004”

Arch. Antonette C. Cruz

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PRACTICE OF ARCHITECTURE (SUNDRY PROVISIONS)
SECTION 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 R.A. No. 9266.
A foreign architect or any person not authorized to practice architecture in the
Philippines, or any other activity in connection with the construction of any
building/structure/edifice or land development project, shall be deemed engaged in the
unauthorized practice of architecture and shall, therefore, be criminally liable under R.A. No.
9266.

REPUBLIC ACT NO.9266

“The Architecture Act of 2004”
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SECTION 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.
SECTION 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,
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.

REPUBLIC ACT NO.9266

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A foreign citizen, whether he studied in the Philippines or not, who desires to take
the licensure examination for Architects through reciprocity shall initiate the establishment
of reciprocity between his country/state and the Philippines by presenting/submitting a
letter or any document signed and under official seal by the appropriate official of his
country/state requesting the Chairman of the Board Architecture to allow the foreign
applicant to take the licensure examination of the Board that by express provision of the law
of his country/state, attaching/appending an authentic or authenticated official copy of said
law officially translated in the English language.

Documents that shall accompany the submitted letter/document and the copy of the law for
foreign applicants;
a. The original or certified copy of any official document issued by the Bureau of Immigration and
Deportation allowing the applicant to enter and reside the Philippines.
b. Present his passport for examination and for photocopying of pertinent information about the
applicant.
c. Original or authenticated copy of transcript of records or equivalent document of the course for
licensure examination issued by the institution of higher learning where he studied, duly authorized or
accredited by his country/state.
d. Other documents which may be required to be submitted by the Board.
REPUBLIC ACT NO.9266
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SECTION 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. A program of
Continuing Professional Development (CPD) shall be maintained through an overall CPD
program for architects developed by the United Architects of the Philippines, Inc. Such a
program shall be formulated by the Continuing Professional Education (CPE) Council for
Architects based on the existing guidelines of the Professional Regulation Commission with
levels of compliance and proficiency evaluation as a rating factor. Accreditation of CPD/CPE
providers by the Board of Architecture shall be based on the said guidelines.

REPUBLIC ACT NO.9266

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SECTION 29. Prohibition in the Practice of Architecture and Penal Clause
Guilty of M I S D E M E A N O R :
1. 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 R.A. No. 9266

2. 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

3. 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,

4. 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,
REPUBLIC ACT NO.9266
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Guilty of M I S D E M E A N O R :
5. 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,

6. 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,

7. Any person who shall violate any of the provisions of R.A. No. 9266, 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
(P100,000.00) 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.
REPUBLIC ACT NO.9266
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• Government employees and employees of private firms or persons/entities who are not
registered and licensed architects shall not perform architectural works in the
performance of their official function without the direct supervision of a licensed
architect. Such activity shall constitute unauthorized practice of architecture which shall
be penalized in accordance with Section 29 of R.A. No. 9266.

• Any public official who shall order or cause a non-architect to perform activities which
constitute practice of architecture shall be administratively liable and shall be GUILTY
OF MISDEMEANOR and shall upon conviction be sentenced in accordance with Section
30 of R.A. No. 9266. Penalties for Violations of Section 7 – sub-paragraph (L) by Heads of
Government Agencies or Officers of Private Entities/Institutions as per R.A. No. 8981.

Any head of a government agency or officer(s) of a private firm/institution who violates Section 7 – sub-
paragraph (L) of R.A. No. 8981 shall be punished by imprisonment of not less than six (6) months and
one (1) day to not more than six (6) years, or a fine of not less than Fifty Thousand Pesos
(P50,000.00) to not more than Five Hundred Thousand Pesos (P500,000.00) or both at the discretion
of the court.

REPUBLIC ACT NO.9266

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SECTION 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
R.A. No. 9266 to undertake/perform any service under the general practice of architecture as
defined under R.A. No. 9266, 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.

REPUBLIC ACT NO.9266

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FINES AND IMPRISONMENT:

ANY PERSON GUILTY OF MISDEMEANOR WITHOUT FIRST EXECUTING A WRITTEN

Fine: P100,000.00 to P5,000,000.00 CONTRACT/SERVICE AGREEMENT
Imprisonment: 6 months to 6 years Fine: Not less than P200,000.00
or BOTH Imprisonment: not exceeding six (6) years
or BOTH

PENALTIES FOR VIOLATIONS OF SECTION 7 :Any

head of a government agency or officer(s) of a
private firm/institution:
Fine: P50,000.00 to P500,000.00
Imprisonment: 6 months & 1 day to 6 years
or BOTH

REPUBLIC ACT NO.9266

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SECTION 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 R.A. No. 9266 by having a representative or employee seek architectural work
in their behalf, unless and until, such persons have duly qualified and duly
registered/licensed, otherwise, both those represented and the representative, the employer
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 unlawful for any non-registered and unlicensed persons to do so.

REPUBLIC ACT NO.9266

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SECTION 32. Signing and Sealing of Architectural Plans, Specifications,

Architectural Permit 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 shall be unlawful for any person, except 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.

REPUBLIC ACT NO.9266

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PRACTICE OF ARCHITECTURE (SUNDRY PROVISIONS)

The authorized signature, official seal, PTR, PRC registration number and the
IAPOA membership number and Official Receipt (O.R.) number of the Architect-of-record
stamped on architectural plans, specifications, architectural permit and other related
contract documents signify his/her assumption of the MANDATED FIFTEEN (15) YEAR
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
professional responsibility nor civil liability of the other signing (sealing) professionals
Including the Architect-in-charge of construction (AICC) and the Consulting Architect (CA)
unless these are under his/her direct employ.
This rule shall apply to both architects in government as well as architects employed
by private firms.

For Architectural Documents prepared by architectural firms, the Board of

Architecture Registry Number and the SEC or DTI Registry Numbers should be
prominently displayed on all architectural documents.

REPUBLIC ACT NO.9266

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SECTION 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.

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

REPUBLIC ACT NO.9266

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SECTION 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.
SECTION 35. Positions in Government Requiring the Services of Registered and
Licensed Architects

Within three (3) years from the effectivity of R.A. No. 9266, 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.

REPUBLIC ACT NO.9266

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PRACTICE OF ARCHITECTURE (SUNDRY PROVISIONS)
In order to provide a safety net intended to ensure that the legislative intent shall be
fully implemented, the following sub-rules are so prescribed:

1. All national and local agencies including Government Owned and Controlled Corporations
(GOCC’s) are prohibited to collapse existing plantilla positions for architects for the purpose
of recreating the same to non-architect positions.

2. All existing plantilla positions in the national and local government whose job description
includes the practice of architecture as defined under R.A. 9266, shall be automatically
reclassified as Architect positions and shall be accorded the salary pertaining to the latter in
accordance with salary standardization law.

3. The GOVERNMENT ARCHITECT-OF-RECORD shall collect from the concerned national

or local agency including Government Owned and Controlled Corporations (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 which shall be paid upon
full completion of the project. The amount intended for the architect who prepared and
signed the drawings and specifications shall be included in the Program of Work.
REPUBLIC ACT NO.9266
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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, 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:

REPUBLIC ACT NO.9266

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PRACTICE OF ARCHITECTURE (SUNDRY PROVISIONS)
a) Only Filipino citizens properly Registered and Licensed as ARCHITECTS under R.A. No.
9266 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.

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
registration.
REPUBLIC ACT NO.9266
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SECTION 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 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:

REPUBLIC ACT NO.9266

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PRACTICE OF ARCHITECTURE (SUNDRY PROVISIONS)
(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 IRR 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 BOA and the IAPOA;

(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 PRC and DOLE pursuant to PRC and
DOLE rules.
REPUBLIC ACT NO.9266
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PRACTICE OF ARCHITECTURE (SUNDRY PROVISIONS)

Procedures for the registration and/or issuance of TEMPORARY/SPECIAL PERMITS

to FOREIGN ARCHITECTS :
1.0 A visa and work permit by appropriate government 5.0 A Filipino counterpart shall be the ARCHITECT-OF-
agencies shall be required. RECORD, with his duties, functions and responsibilities
duly defined in a covering agreement.
2.0 Within thirty (30) calendar days after the
commission/appointment date, the commissioning party 6.0 Advertisements and billboards for
shall be responsible to secure the Temporary/Special marketing/promotion purposes shall prominently
Permit from Board subject to approval by the PRC. display the name of the architect-of-record. Failure to
DOLE upon compliance with the qualifications required comply shall be subject to penalties in accordance with
and receipt of a copy of the said Temporary/Special the rules promulgated by PRC.
Permit – shall issue the employment permit.
7.0 Upon issuance of the temporary/special permit, the
3.0 In the absence of a bilateral agreement, the foreign foreign national may become member of the United
national shall submit documentary proof or evidence Architects of the Philippines, Inc. subject to the rules
allowing Filipino architects to practice the profession in and procedures of UAP membership.
their home country without any limitation.

4.0 Technology transfer and/or specialization must be

identified and substantiated consistent with his expertise.

REPUBLIC ACT NO.9266

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SECTION 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 R.A. No. 9266 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 IAPOA within six (6)
months from the effectivity of R.A. No. 9266.

REPUBLIC ACT NO.9266

 REPUBLIC ACT NO.9266
“The Architecture Act of 2004”
FIVE RULES
RULE I - TITLE, POLICY STATEMENT, DEFINITION OF TERMS, AND SCOPE OF
PRACTICE
RULE II -PROFESSIONAL REGULATORY BOARD OF ARCHITECTURE:
ORGANIZATION, POWERS, AND FUNCTIONS
RULE III- EXAMINATION, REGISTRATION AND LICENSURE
RULE IV- PRACTICE OF ARCHITECTURE (SUNDRY PROVISIONS)

RULE V- FINAL PROVISIONS

REPUBLIC ACT NO.9266 47 SECTIONS
“The Architecture Act of 2004”
RULE I RULE II RULE III RULE IV RULE V
(TITLE, POLICY (PROFESSIONAL (EXAMINATION, REGISTRATION (PRACTICE OF (FINAL PROVISIONS)
STATEMENT, REGULATORY BOARD OF AND LICENSURE) ARCHITECTURE (SUNDRY
DEFINITION OF ARCHITECTURE: PROVISIONS) ) SEC. 40
TERMS, AND SCOPE ORGANIZATION, POWERS,
SEC. 12 SEC. 20
OF PRACTICE) AND FUNCTIONS) SEC. 25 SEC. 33 SEC. 41
SEC. 13 SEC. 21
SEC. 1 SEC. 4 SEC. 26 SEC. 34 SEC. 42
SEC. 14 SEC. 22
SEC. 2 SEC. 5 SEC. 27 SEC. 35 SEC. 43
SEC. 15 SEC. 23
SEC. 3 SEC. 6 SEC. 28 SEC. 36 SEC. 44
SEC. 16 SEC. 24
SEC. 7 SEC. 29 SEC. 37 SEC. 45
SEC. 17
SEC. 8 SEC. 30 SEC. 38 SEC. 46
SEC. 18
SEC. 9 SEC. 31 SEC. 39 SEC. 47
SEC. 19
SEC. 10 SEC. 32

SEC. 11
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SECTION 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.
An ARCHITECT duly registered with the Board shall automatically become a
member of the IAPOA and shall receive the benefits and privileges provided for in R.A. 9266
upon payment of the required fees and dues.
Membership in the IAPOA shall not be a bar to membership
in other associations of architects.
Pursuant to Board Resolution No. 3, Series of 2004, the
United Architects of the Philippines, Inc. is the existing integrated
and accredited professional organization of registered architects,
duly accredited by the Board subject to approval by the
Commission and registered with the Securities and Exchange
Commission (SEC) as a non-profit, non-stock corporation governed
by Bylaws providing for a democratic election of its officials

REPUBLIC ACT NO.9266

“The Architecture Act of 2004”
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FINAL PROVISIONS
FUNCTIONS,DUTIES AND RESPONSIBILITIES OF THE UAP as the IAPOA :

a) Nominations to the vacancy of positions to the BOA

b) Responsibility of preparing a program of CPD

c) Endorsement of the practice of foreign nationals to be issued temporary/special permit

d) Recommendation of compliance with liability insurance under a temporary/special permit

e) Monitoring compliance and endorsing to/or filing a complaint with the Board and/or
Commission for violation of the R.A. No. 9266 and it’s 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

f) Some other functions, duties and responsibility as may be prescribed by the BOA from time
to time.
REPUBLIC ACT NO.9266
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SECTION 41. Implementing Rules and Regulations
Within sixty (60) days after the effectivity of R.A. No. 9266, the Board, subject to
the approval of the Commission and in coordination with 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 R.A.
No. 9266 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.

SECTION 42. Appropriations

The Chairperson of the Professional Regulation Commission shall immediately
include in the Commission’s programs the implementation of R.A. No. 9266, the funding of
which shall be included in the annual General Appropriations Act.

SECTION 43. Act Not Affecting Other Professionals

R.A. No. 9266 shall not be construed to affect or prevent the practice of any other
legally recognized profession.

REPUBLIC ACT NO.9266

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SECTION 44. Enforcement of the Act

It shall be the primary duty of the Commission and the Board to effectively enforce
the provision 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 RA 9266 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, Board or the aforementioned officers of the
law, cases of illegal practice or violations of this Act committed by any person or party.

REPUBLIC ACT NO.9266

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SECTION 45. Separability Clause
If, for any reason, any section or provision of RA 9266 or application of it’s rules and
regulations or provision to any person or circumstances is declared unconstitutional or
invalid, the remainder of the Architecture Act of 2004, or application of such provisions to
other persons or circumstances, shall not be affected by such declaration.

SECTION 46. Repealing Clause

Any provisions of the rules, regulations, codes, orders, resolutions, measures, 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 the “IRR of the Architecture Act of 2004” are hereby superseded,
repealed or amended accordingly.

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 publication
in the Official Gazette or in two (2) major newspapers of general circulation.
REPUBLIC ACT NO.9266
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