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Home > Chan Robles Virtual Law Library > Philippine Laws, Statutes & Codes > Republic Acts :
REPUBLIC ACTS
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. |
ARTICLE
I GENERAL PROVISION 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; (a)
"Architect-of-record" 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; (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; (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; (11) "Integrated and Accredited Professional Organization" 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 of Exchange Commission. ARTICLE
II 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 lists 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 have at the time of his/her appointment, possess
the following qualifications: (a)
be a citizen and resident of the Philippines; 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; 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; 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 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; 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; 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 affect until withdrawn, suspended or revoked in
accordance with this Act. 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 stampede 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. 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 even 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 Sec. 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 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, specification, 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 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 Sec. against any registrant, or the Board may motu proprio investigate and/or take cognizance of act 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 Lost 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. ARTICLE
IV Sec. 25. Registration of Architects Required. - No person shall practice architecture in this country, or engage in preparing architectural plans, specification 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 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 Sec.s 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. 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 national 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 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 o 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 specification 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 (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. 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 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
or 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. 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. 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 functions of 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 (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; 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 title architect, architectural consultant, design consultant, consultant or designer appear on architectural plans, specifications and other related construction documents, for securing buildings permits, licenses and government authority clearances for actual building project construction in the Philippines and advertisement 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; 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 Sec. 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 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 governed by by-laws providing for a democratic election of its officials. An architect duly registered with the Board shall automatically become 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 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 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 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. 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 (5)
days following its publication in the Official Gazette or in two (2)
newspapers of general circulation. Approved: March 17, 2004 |
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