QuestionsQuestions (ADMINISTRATIVE ORDER NO. 2018-0001)
RA 9266 is the “Architecture Act of 2004.” Its policy emphasizes developing and nurturing competent, virtuous, productive, well-rounded professional architects, with standards of practice and service that are excellent, qualitative, world-class, and globally competitive through inviolable, honest, effective, and credible licensure examinations and regulatory measures.
Architecture is defined as 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.
An “Architect-of-record” is directly and professionally responsible for the total design of the project for the client and assumes civil liability for plans, specifications, and contract documents he/she signed and sealed. An “Architect-in-charge of construction” is directly and professionally responsible and liable for construction supervision of the project.
It includes professional services connected with site, physical and planning, and the design, construction, enlargement, conservation, renovation, remodeling, restoration, or alteration of buildings. Examples include: planning and architectural designing/structural conceptualization; consultation and pre-design services; schematic design/design development/contract documents and construction phases; preparation of architectural plans, specifications, bill of materials, and cost estimates; construction/project management and supervision; architectural interiors, space planning, lighting, acoustics; building programming and architectural conservation/restoration.
RA 9266 creates a Board composed of a chairman and two (2) members, appointed by the President from lists of recommendees submitted by the integrated and accredited professional organization of architects, and organized not later than six (6) months from the effectivity of the Act.
Board members must be Philippine citizens and residents; hold a B.S. in Architecture recognized/accredited by CHED; be architects with a valid certificate and active practice for at least ten (10) years; not be faculty of schools teaching architecture (with a strict rule about prior resignation and a five-year gap); and have never been convicted of any crime involving moral turpitude.
The Board: prescribes rules and regulations; supervises registration/licensure/practice; administers oaths; issues/suspends/revokes/reinstates registration and professional cards; adopts an official seal; monitors standards; adopts the Code of Ethical Conduct and Standards of Professional Practice; hears/decides administrative cases and issues subpoenas; prescribes guidelines for CPD; prepares/administers licensure exam syllabi and examinations; approves/limits/cancels temporary or special permits; ensures compliance of architecture education with CHED policies; and computerizes licensure examination.
Board decisions become final and executory after fifteen (15) days from receipt of notice of judgment/decision, unless appealed to the Commission. The Commission’s decision may be appealed to the Court of Appeals in accordance with the Rules of Court procedure.
The applicant must: be a Filipino citizen or a foreign citizen qualified as provided; be of good moral character; have a CHED-recognized/accredited B.S. in Architecture degree and at least two (2) years (or equivalent) diversified architectural experience certified by a registered/licensed architect (with one-year credit for a relevant Master’s degree); and have not been convicted of any criminal offense involving moral turpitude.
A candidate must obtain a weighted general average of at least 70%, with no grade lower than 50% in any given subject.
Successful candidates must take an oath of profession before an authorized Board member or other authorized persons to administer oaths, prior to entering the practice of the profession. They must also be issued a Certificate of Registration and Professional Identification Card upon payment of required fees.
A licensed architect must affix the authorized seal bearing name/registration number/title on all architectural plans, drawings, specifications, and contract documents prepared by or under his/her direct supervision. Architectural plans and specifications prepared by or under direct supervision must be stamped with the seal during the life of the certificate. It is unlawful for an architect to sign/affix seal or use other signatures on documents made under another architect’s supervision unless clearly indicating the actual parts performed by the former. Only the architect-of-record is responsible for all documents under his/her seal/authorized signature, and no officer may accept/approve plans not prepared and signed/sealed in full accord with the Act.
It is penalized to practice or offer to practice architecture without registration/licensure or without temporary/special permits; to present/use another’s certificate or seal; to give false/forged evidence for registration; to impersonate a registrant; to attempt to use a revoked/suspended certificate; to assume titles indicating one is an architect when not one; or knowingly allow plans/specifications made by unlicensed persons to be used. Penalties: misdemeanor with fine of not less than ₱100,000 and not more than ₱5,000,000 or imprisonment of not less than 6 months and not exceeding 6 years, or both, at the court’s discretion.
Any person/entity who entices, compels, coerces, requires, or otherwise forces a registered/licensed architect to undertake general practice services without first executing a written contract/service agreement is guilty of a misdemeanor. Penalty: fine of not less than ₱200,000 or imprisonment not exceeding 6 years, or both.
Practice is a professional service requiring individual qualifications. A firm/corporation may be registered for architecture only if only Filipino citizens properly registered/licensed as architects form the entity (among themselves or with allied technical professionals), and architects must compose at least 75% of owners/shareholders/members/directors/executive officers. It must also be registered with SEC and with the Board.
Foreign nationals performing professional services as architects/consultants in foreign-funded/assisted government projects or employed/engaged by contractors or private firms must secure a special/temporary permit from the Board subject to approval by the Commission. Foreign architects/firms appearing as architects/consultants on plans for securing building permits/licenses/government clearances and for marketing are deemed practicing architecture in the Philippines, whether the contract is consummated in or outside the Philippines. They must work with a Filipino counterpart and be responsible for public utilities and taxes due, under implementing rules; agencies/entities hiring them must secure required permits from PRC and DOLE as applicable.