Architecture Act of 2004

State policy and declared intent

The State recognizes the importance of architects in nation building and development.
The State shall develop and nurture competent, virtuous, productive, and well-rounded professional architects.
Standards of practice and service must be excellent, qualitative, world-class, and globally competitive through inviolable, honest, effective, and credible licensure examinations and regulatory measures, programs, and activities fostering professional growth and development (Section 2).

Key definitions and professional terms

“Architecture” is the art, science, or profession of planning, designing, and constructing buildings in their totality considering the environment and in accordance with the principles of utility, strength, and beauty (Section 3).
“Architect” means a person professionally and academically qualified, registered and licensed under the Act, with a Certificate of Registration and Professional Identification Card issued by the Professional Regulatory Board of Architecture and the Professional Regulation Commission.
“Architect-of-record” is the architect directly and professionally responsible for the total design of the project for the client and who assumes civil liability for plans, specifications, and contract documents he/she signed and sealed (Section 3).
“Architect-in-charge of construction” is the architect directly and professionally responsible and liable for construction supervision (Section 3).
“Consulting Architect” is an architect registered, licensed, or permitted under the Act with exceptional or recognized expertise/specification in any branch of architecture (Section 3).
“General Practice of Architecture” covers planning and architectural designing; structural conceptualization; specifying, supervising, and general administration for erection, enlargement, and alterations; and coordinated processes leading to a complete building structure, regardless of whether practitioners are residents of the Philippines or have principal offices elsewhere (Section 3).
“Scope of the Practice of Architecture” encompasses professional services connected with site, physical and planning design; construction and related activities; and additional architectural works requiring architect competence, including teaching architectural subjects and architectural computer-aided design (Section 3).
“Architectural Firm” includes a sole proprietorship, partnership, or corporation registered with proper government agencies (Section 3).
“Board” means the Professional Regulatory Board of Architecture; “Commission” means the Professional Regulation Commission (Section 3).
“Service Agreement” is a duly notarized written contract or equivalent public instrument stipulating the scope of services and guaranteeing compensation for services to be rendered by an architect registered and licensed under this Act (Section 3).
“Integrated and Accredited Professional Organization” is the existing official national organization of all architects in which all registered Filipino architects are members (Section 3).
“Continuing Professional Development” is sustaining and progressive learning that maintains, enhances, or increases knowledge and continuing ability of architects (Section 3).
DTI means Department of Trade and Industry, and SEC means the Securities and Exchange Commission (Section 3).

Professional Regulatory Board creation

A Professional Regulatory Board of Architecture is created under the supervision and administrative control of the Professional Regulation Commission (Section 4).
The Board is composed of a chairman and two (2) members appointed by the President from recommendees chosen from nominees submitted by the integrated and accredited professional organization of architects (Section 4).
The Board must be organized not later than six (6) months from the Act’s effectivity (Section 4).
Board members must be Philippine citizens and residents, hold a Bachelor of Science in Architecture recognized/accredited by CHED, be architects with a valid Certificate of Registration and Professional Identification Card and active practice for at least ten (10) years, and must not be faculty or have pecuniary interest in institutions where architecture is taught, subject to a five (5) year post-resignation/past teaching cessation requirement (Section 5).
Board members must have never been convicted of a crime involving moral turpitude (Section 5).
Board members hold office for a term of three (3) years, may be reappointed for one full term of three years, and vacancies are filled for the unexpired portion only (Section 6).
Members qualify by taking the proper oath prior to duty performance (Section 6).
The incumbent Board members continue serving for the remainder of their term until a new Board is properly organized (Section 6).
The Board exercises functions including prescribing rules and regulations, supervising registration and licensure, administering oaths, issuing/suspending/revoking/reinstating Certificates and cards, adopting an official seal, monitoring conditions affecting practice, prescribing ethical and professional standards, and hearing administrative cases with subpoena powers (Section 7).
Decisions in administrative cases 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 under the Rules of Court (Section 7).

Examinations, registration, licensure mechanics

All applicants for registration to practice architecture must undergo a licensure examination by the Board in places and dates designated by the Commission in accordance with Republic Act No. 8981 (Section 12).
Applicants must establish good moral character; Filipino citizenship or eligibility as a foreign applicant qualified under the Act; possession of a CHED-recognized/accredited Bachelor of Science in Architecture plus at least two (2) years (or equivalent) diversified architectural experience certified by a registered/licensed architect (Section 13).
A master’s degree in architecture from a government-recognized institution credits one (1) year in practical experience (Section 13).
Applicants must not have been convicted of any criminal offense involving moral turpitude (Section 13).
The licensure examination covers subjects including History and Theory of Architecture; Principles of Planning and Architectural Practice; Structural Design, Building Materials, and Architectural Specifications, and Methods of Construction and Utilities; Urban Design and Architectural Interiors; and Architectural Design and Site Planning (Section 14).
The Board may revise, exclude, or add subjects and syllabi, subject to Commission approval (Section 14).
To pass, a candidate must obtain a weighted general average of seventy percent (70%) with no grade lower than fifty percent (50%) in any given subject (Section 15).
Within thirty (30) calendar days after the examination (unless extended for just cause), the Board submits ratings to the Commission and sends by mail each examinee’s rating using the mailing envelope submitted during the examination (Section 16).
Successful candidates must take an oath of profession before an authorized officer or person prior to entering practice (Section 17).
A Certificate of Registration and Professional Identification Card are issued to examinees who pass the licensure examination upon payment of fees prescribed by the Commission; the Certificate remains valid until withdrawn, suspended, or revoked under the Act (Section 18).
The Professional Identification Card includes the registration number, date of issuance, expiry date, and is signed by the chairperson of the Commission (Section 18).
The Board prepares and updates a roster of names and place of business of all registered professional architects and provides copies as deemed necessary (Section 19).

Seal, signatures, documentation rules

A duly licensed architect must affix the Board-prescribed seal bearing the registrant’s name, registration number, and the title “Architect” on all architectural plans, drawings, specifications, and other contract documents prepared by or under direct supervision (Section 20).
Upon registration, the architect must obtain a seal authorized and directed by the Board; plans and specifications prepared under the architect’s direct supervision must be stamped with the seal during the certificate’s life and must be sealed only while the certificate remains effective (and sealing must stop after expiry or revocation unless renewed or re-issued) (Section 20).
Government officers and employees enforcing construction or building-alteration laws must not accept or approve plans/specifications not prepared and submitted in full accord with the Act, and must not approve payments for work whose plans/specifications were not prepared and signed and sealed by the author (Section 20).
Architects are prohibited from signing/affixing their seal or using any signature method on documents made under another architect’s supervision unless clearly indicating the portion(s) actually performed (Section 20).
Only the architect-of-record may sign for any branch/function of architectural practice not actually performed by him/her; the architect-of-record is fully responsible for documents issued under his/her seal or authorized signature (Section 20).
Drawings, specifications, and contract documents signed/stamped/sealed as instruments of service are the intellectual property and documents of the architect; it is unlawful for any person without consent to duplicate or copy them for use in repetition for other projects/buildings whether executed partly or wholly (Section 20).
All architectural plans, designs, specifications, drawings, and architectural documents for building construction must bear the seal and signature only of an architect licensed under the Act together with professional identification card number and its expiration date (Section 20).
Architects must indicate their Certificate of Registration and Professional Identification Card, its issuance date and validity duration, and the professional tax receipt number on documents they sign, use, or issue in connection with practice (Section 21).

Board refusals, suspension, revocation

The Board shall not register or issue a Certificate of Registration and Professional Identification Card to applicants who falsely swore or misrepresented themselves in the application or to persons convicted of a criminal offense involving moral turpitude, guilty of immoral and dishonorable conduct, or of unsound mind (Section 22).
If refusal occurs, the Board must give the applicant a written statement of reasons, which is incorporated in the Board record (Section 22).
Registration shall not be refused, and roster removal shall not occur, on conviction for a political offense or an offense the Board determines should not disqualify a person from practicing due to the nature of the offense or circumstances of the case (Section 22).
The Board, upon notice and hearing, shall have power to suspend or revoke Certificates and cards or cancel a special permit for grounds including fraud or deceit in obtaining the certificate/permit, gross negligence or incompetence, and unprofessional or dishonorable conduct, and for causes specified under the Act (Section 23).
Appeals from the Board’s action go to the Commission, whose decision is final if the person:
- signed/sealed or permitted signing/sealing on plans/designs/specifications/drawings/technical reports/valuation/estimates or similar documents not prepared by him/her or not executed under immediate supervision;
- paid money except regular fees for securing a Certificate;
- falsely impersonated a practitioner or practiced under an assumed, fictitious, or corporate name other than the registered name;
- aided or abetted unauthorized practice of architecture;
- solicited projects by undertaking architectural services without a valid service agreement guaranteeing compensation, or allowed exploitation by undertaking such services without a valid service agreement, both prejudicial and inimical to the profession;
- violated any provision of the Act, implementing rules and regulations, the Code of Ethical Conduct and Standards of Professional Practice, or Board and Commission policies (Section 23).
The Board must periodically examine revocation grounds and update them as necessary under implementing rules and regulations (Section 23).
Charges for suspension or revocation may be prepared by any person, or the Board may motu proprio investigate and/or take cognizance by proper resolution or order; charges must be in writing, sworn by the charging person, and filed with the Secretary of the Board (Section 23).
After two (2) years from the date of revocation, the Board may reinstate validity upon application for reasons deemed proper and sufficient, and may exempt the applicant, in its discretion, from taking another examination (Section 24).
A new Certificate/Professional Identification Card or replacement temporary/special permit may be issued to replace lost/destroyed/mutilated documents, subject to Board and Commission rules and payment of required fees (Section 24).

Required registration and prohibited practice

No person may practice architecture in the Philippines, prepare architectural plans/specifications/preliminary data for erection or alteration of any building within Philippine boundaries, use the title “Architect,” display the word “Architect” with another word, or use any title/sign/card/advertisement/device indicating offering to practice architecture, unless the person has received a Certificate of Registration and has a Professional Identification Card and thereafter complies with the Act (Section 25).
A foreign architect or any person not authorized to practice architecture in the Philippines who stays in the country and performs the activities mentioned in the Act is deemed engaged in unauthorized practice of architecture (Section 25).
All practicing architects must maintain a continuing professional development (CPD) program for public interest and to safeguard life, health, and property (Section 28).
The integrated and accredited professional organization develops the CPD program for architects, while other entities may become CPD providers upon Board accreditation (Section 28).
Any person who practices or offers to practice architecture in the Philippines without registration/licensure and without temporary/special permits; or uses another’s Certificate or seal/permit; or gives false/forged evidence to obtain certificates/permits; or impersonates a registrant; or attempts to use revoked/suspended certificates/cancelled permits; or uses or advertises an impression of being an architect when not; or knowingly allows plans/designs/specifications made by unauthorized persons/entities to be adopted/implemented; or violates the Act or its rules/code or Board/Commission policies is guilty of misdemeanor.
Upon conviction for these misdemeanor acts, the court shall impose a fine of not less than PHP 100,000 but not more than PHP 5,000,000, or imprisonment of not less than six (6) months but not exceeding six (6) years, or both (Section 29).
Any person or entity that entices/compels/coerces/forces a registered/licensed architect to undertake general practice services without first executing a written contract/service agreement is guilty of misdemeanor and upon conviction shall be sentenced to a fine of not less than PHP 200,000 or imprisonment not exceeding six (6) years, or both (Section 30).
It is unlawful for any person or firm/corporation to avoid the Act by having an unqualified representative/employee seek architectural work unless and until the employer and representative are duly qualified and registered/licensed; otherwise, the represented, representative, employer, and employee are deemed guilty of violation. Solicitation of architectural work is construed as offering to practice architecture and is unlawful for non-registered and unlicensed persons (Section 31).
The architect signing/sealing and architect-of-record responsibilities are governed by detailed rules on allowable signature/seal use, with the Board empowered to make necessary rules and regulations for signing and sealing procedures (Section 32).
Architectural plans/specifications/contract documents duly signed/stamped/sealed are the architect’s intellectual property; duplication or copying for use in repetition of other projects/buildings is unlawful without the architect/author’s written consent (Section 33).
Persons not registered as architects may not claim or represent services/work as equivalent to those of a registered architect, or claim qualification for any branch/function of architectural practice, even if they do not use the “Architect” title (Section 34).
Within three (3) years from the Act’s effectivity, all existing and proposed government positions primarily requiring architects must be filled only by registered and licensed architects (Section 35).
Unregistered persons may not collect a fee for architectural services except as an employee collecting a fee as representative of a registered architect (Section 36).
The practice of architecture is a professional service determined by individual qualifications; firms/companies/partnerships/corporations/associations may be registered/licensed to practice architecture only if:
- only Filipino citizens properly registered/licensed as architects under the Act may form and obtain registration, among themselves or together with allied technical professionals;
- registered and licensed architects compose at least seventy-five percent (75%) of owners/shareholders/members/incorporators/directors/executive officers;
- individual members are responsible for individual and collective acts as an entity and as provided by law; and
- the entity is registered with the Securities and Exchange Commission and the Board (Section 37).

Temporary/special permits for foreigners

Foreign nationals who have gained entry to perform architectural professional services or consulting in foreign-funded/assisted government projects or who are employed/engaged by contractors/private firms must secure a special/temporary permit from the Board subject to Commission approval before assuming architectural duties and responsibilities in connection with the project (Section 38).
A foreign national/foreign firm whose name/company name with titles including architect, architectural consultant, design consultant, consultant, or designer appears on architectural plans/specifications/related construction documents for securing building permits and government clearances for actual building construction in the Philippines and for advertisements/billboards for marketing purposes is deemed practicing architecture in the Philippines whether the professional services contract is consummated in the Philippines or abroad (Section 38).
Special/temporary permit eligibility requires:
- the foreign national/firm comes from a country that specifically permits Filipino professionals to practice in that territory on the same basis as its citizens, including unconditional recognition of prerequisite degrees/diplomas;
- the foreign national is legally qualified to practice architecture in his/her own country and expertise is necessary and advantageous to the Philippines, particularly in technology transfer and specialization;
- foreign nationals must work with a Filipino counterpart and are responsible for public utilities and taxes due to the Philippine government relative to participation/professional services, in accordance with established implementing rules on procedure for registration/issuance of temporary/special permits; and
- agencies/organizations/individuals that secure the services of foreign professionals for these reasons must secure a special permit from the Professional Regulation Commission (PRC) and the Department of Labor and Employment (DOLE) pursuant to PRC and DOLE rules (Section 38).
Foreign nationals and former Filipinos engaging in general practice as defined in Section 3(c) must secure locally professional liability/malpractice insurance or acceptable equivalent in bond commensurate with project nature/magnitude and compensation; implementing rules on this requirement must be implemented by the Board within six (6) months from the Act’s effectivity, in consultation with the integrated and accredited professional organization (Section 39).

Transitory, integration, and implementation

Architects registered at the time the Act takes effect are automatically registered under the Act, subject to future requirements; certificates in good standing maintain the same force and effect as if issued after passage (Section 26).
Persons not Philippine citizens at the time they apply to take the examination cannot take the licensure examination unless they prove, under the Rules of Court, reciprocal admission/recognition in their country that allows Philippine citizens to practice without restriction or after examination on strict and absolute equality, including unconditional recognition of prerequisite degrees/diplomas (Section 27).
The integrated profession is organized into one (1) national organization accredited by the Board, subject to Commission approval; it must be a registered non-profit, non-stock corporation governed by by-laws providing democratic election of officials.
A registered architect automatically becomes a member of the integrated and accredited professional organization upon payment of required fees and dues; membership does not bar membership in other architects’ associations (Section 40).
The Board, subject to Commission approval and in coordination with the integrated and accredited professional organization, must adopt and promulgate rules and regulations, a Code of Ethical Conduct, and Standards of Professional Practice within sixty (60) days from effectivity, effective fifteen (15) days following publication in the Official Gazette or in two major daily newspapers of general circulation (Section 41).
The Chairperson of the Professional Regulation Commission must immediately include implementation funding in Commission programs for the annual General Appropriations Act (Section 42).
The Act does not affect or prevent the practice of any other legally recognized profession (Section 43).
The primary duty to enforce the Act lies with the Commission and the Board; law enforcement agencies and officers must assist upon call/request of the Commission or Board and assist in prosecuting violators.
The Secretary of Justice or designated representative acts as legal adviser to the Commission and Board and provides legal assistance as necessary.
Any person may bring illegal practice or Act violation cases before the Commission, Board, or relevant officers; the Board assists the Commission in filing charges through the concerned prosecution office in accordance with law and the Rules of Court (Section 44).

Separability, repeals, and effectivity

If any provision is declared unconstitutional or invalid, the invalidity affects only the clause/provision/paragraph/part directly involved and does not impair the rest (Section 45).
Republic Act No. 545, as amended by Republic Act No. 1581, is repealed; all inconsistent laws, orders, rules, regulations, resolutions, or parts are repealed or modified accordingly (Section 46).
The Act takes effect after fifteen (15) days following publication in the Official Gazette or in two (2) newspaper of general circulation (Section 47).