Title
Regulation of Architecture Practice PH
Law
Republic Act No. 545
Decision Date
Jun 17, 1950
"Republic Act No. 545: Regulation of the Practice of Architecture" is a Philippine Jurisprudence case that establishes a Board of Examiners for Architects, sets registration and certification requirements, and imposes penalties for the practice of architecture by unregistered individuals.

Law Summary

Powers and Functions of the Board

  • Administers the provisions of the Act.
  • Issues, suspends, or revokes certificates of registration for architects.
  • Administers oaths related to registration.
  • Has subpoena power to enforce compliance and investigate violations.
  • Can recommend measures to maintain standards and ethics for architecture practice.

Qualifications and Terms for Board Members

  • Must be Filipino citizens and residents.
  • Must have a recognized architecture degree and at least 10 years of active practice.
  • Cannot be faculty or have pecuniary interest in architectural schools unless not teaching for 3 years.
  • Members serve a three-year term; initial appointments staggered for 1, 2, and 3 years.

Executive Officers, Vacancy and Compensation

  • The Commissioner of Civil Service acts as the Board's executive officer and oversees examination administration.
  • Vacancies filled by the Secretary of Public Works and Communications.
  • Members may be removed for neglect, incompetence, or dishonorable conduct after due process.
  • Compensation is set at five pesos per applicant examined or registered.

Board Rules, Reports, and Roster of Registered Architects

  • Board can adopt rules and include penal provisions with fines and imprisonment.
  • Must submit annual reports detailing activities and recommendations.
  • Annual roster of registered architects is prepared and disseminated to relevant government agencies and the public.

Registration and Practice Requirements

  • Certificates of registration authorize the practice of architecture.
  • Only registered architects may practice architecture or use the title "Architect".
  • Preparation of architectural plans and specifications is restricted to registered architects or duly registered civil engineers (with limitations).

Definition of Architect and Practice of Architecture

  • Architect: Technically and legally qualified persons duly registered.
  • Practice includes planning, designing, specifying, supervising, and administering construction projects.
  • Authorship of plans is attributed to those responsible for preparation or supervision.

Automatic Registration and Exemptions

  • Architects registered at enactment are automatically registered under this Act.
  • Exemptions include certain plan preparations for farm buildings, personal use buildings, and other specified categories.
  • Draftsmen, students, engineers, and "Maestro de Obras" have delineated exemptions with limitations.
  • Temporary licenses for government-employed architects are possible.

Examination and Qualifications

  • All applicants must pass a technical examination twice yearly unless exempted.
  • Minimum qualifications include age, good character, high school education, a recognized architecture degree, and practical experience.
  • Fraudulent applications may lead to suspension or revocation.

Examination Procedures and Subjects

  • Exams held in Manila and other locations.
  • Subjects cover architectural design, history, engineering, practice, materials, laws, ethics, and business functions.
  • Ratings are reported to appropriate officials within 120 days.
  • Applicants failing three times must wait one year before reexamination.

Issuance and Use of Certificates and Seal

  • Certificates bear registrant's name, serial number, and official signatures and seals.
  • Registrants receive a seal to authenticate architectural documents.
  • Only sealed and signed plans by registered architects are acceptable.
  • Unauthorized use and copying of documents are prohibited.

Fees and Grounds for Refusal

  • Fees are collected for examination, registration, reinstatement, and replacement of certificates.
  • Certificates will not be issued or renewed for convicted persons, those with immoral conduct, or unsound mind.

Suspension and Revocation of Certificates

  • Certificates may be suspended or revoked for fraud, negligence, unprofessional conduct, or violation of regulations.
  • Grounds include unauthorized signing, fraud in obtaining certificates, impersonation, or aiding unregistered practice.
  • Appeals lie with the Secretary of Public Works and Communications.

Reissue of Certificates

  • Reinstatement applications may be entertained after one year.
  • Lost certificates may be replaced by the Board.

Prohibitions and Penalties for Unauthorized Practice

  • Practicing without registration or title misuse is a misdemeanor, punishable by fines, imprisonment, or both.

Restrictions on Representation and Fee Collection

  • Non-registered persons cannot represent or claim architectural work equivalency.
  • Soliciting architectural work without registration is unlawful.
  • Unregistered persons cannot collect architectural fees except as representatives of registered architects.

Corporate Practice and Reciprocity

  • Architecture practice is limited to individuals, firms or corporations cannot be registered as architects.
  • Reciprocity applies to foreign applicants based on equality of rights with Filipino architects.

Enforcement and Legal Assistance

  • Law enforcement officials must prosecute violations.
  • Secretary of Justice acts as legal adviser to the Board.

Miscellaneous Provisions

  • The Act does not affect other professions.
  • Invalidity of any part shall not affect the remainder.
  • Repeals conflicting local or national provisions.
  • Takes effect upon approval.

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