Law Summary
Purpose and Importance of Temporary/Special Permits
- Ensures high professional, ethical, and technical standards through foreign architects' interaction, specialization, and technology transfer.
- Protects the public from the illegal practice of architecture, fraud, deception, negligence, and incompetence.
- Regulatory collaboration with DOLE, Bureau of Immigration, and other agencies for enforcement and sanctions.
Consultation in Formulating Guidelines
- Involved consultations with Integrated and Accredited Professional Organization of Architects (IAPOA), other architect associations, and legitimate firms employing foreign architects.
Requirement for Foreign Architects with Reciprocity
- Foreign architects from countries with architectural practice reciprocity with the Philippines must apply for and secure a Temporary/Special Permit for projects in the Philippines.
Guideline I: Definitions and Terminology
- Defines key terms including Architect, Architect-of-Record (Aor), Architect-in-Charge of Construction (Aicc), Consulting Architect, Foreign Architect, Filipino Counterpart, Special/Temporary Permit, among others.
- Defines "General Practice of Architecture" and "Scope of Practice" including planning, designing, supervision, consultation, and related professional services.
- Clarifies that Special/Temporary Permits are issued only to individual foreign architects from countries with reciprocity and only for one project.
Guideline II: Issuance of Temporary/Special Permits
- Foreign nationals must secure permits before undertaking architectural duties or appearing on project documents for Philippine projects.
- Conditions for issuance include reciprocity, legal qualification in home country, necessity of expertise, Filipino counterpart requirement, and payment of public utilities and taxes.
- Firms or entities engaging foreign architects must secure permits and comply with PRC and DOLE rules.
- Applications require detailed information about the foreign architect, Filipino counterpart, firm details, and project information.
- Permits must be renewed before expiry; the Board reviews applications and recommends approval or denial within 21 days.
- Temporary/Special Permits are valid only for the permitted period and project; use of permit details on architectural documents is mandatory.
- Official roster of permit holders maintained and publicly accessible upon request.
- Foreign architects with permits may act in general practice or consulting roles but cannot be Architects-of-Record; Filipino counterparts assume full professional responsibility and liability.
Guideline III: Voluntary Return, Suspension, and Reinstatement
- Foreign architects or engaging entities may voluntarily return permits by filing written notice; the permit holder is then removed from the official roster.
- Complaints may be filed with the Board for suspensions or cancellations for violations or fraudulent applications.
- Reinstatement applications can be filed anew following procedure.
- Conflicts regarding permit return or cancellation are heard by the Board, with appeal rights to the Commission.
- Permit holders must cease practice upon acceptance of permit return by the Board.
- The Board may publish rosters of returned permits.
Guideline IV: Enforcement on Non-Compliant Firms and Foreign Architects
- Firms, agencies, organizations or individuals employing foreign architects without valid permits receive notice to comply; failure leads to charges for illegal practice.
- The Board may publish rosters of foreign architects without valid permits.
- Coordination with national and local government agencies to enforce compliance, including request for suspension or revocation of business registrations and permits.
Guideline V: Fees and Penalties
- Application or renewal fees set at USD 100 or as approved by the Office of the President.
- The Board can suspend or cancel permits after due notice and hearing.
- Specific violations include practicing without permit, misuse of permits, false evidence, unauthorized advertising, employing non-reciprocal foreign architects, and violations of R.A. Nos. 9266 and 8981.
- Penal sanctions include fines ranging from PHP 100,000 to PHP 5,000,000 and/or imprisonment from 6 months to 6 years.
- Violations of R.A. No. 8981 are enforceable under its penal provisions.
Guideline VI: Legal Provisions on Separability, Repealing, and Effectivity
- Declares severability of provisions if parts are declared invalid.
- Repeals or amends inconsistent prior rules, resolutions, and policies.
- Guidelines take effect 15 days after full publication in the Official Gazette or national newspaper.
This comprehensive overview details the scope, procedural requirements, and regulatory controls over the practice of foreign architects in the Philippines, emphasizing protection of public welfare and upholding professional standards.