Architecture Act: Architect Regulation Law

Law Summary

Statement of Policy

Recognizes architects' importance in nation-building.
Aims to develop competent, virtuous, globally competitive architects.
Ensures licensure exams and regulatory programs foster professional growth.

Definitions

Architecture: Art, science, and profession of building planning, designing, and construction considering utility, strength, and beauty.
Architect: Licensed professional responsible for fair and sustainable habitat development.
Architect-of-record: Responsible for total design and civil liability.
Architect-in-charge of construction: Responsible for construction supervision and liability.
Consulting Architect: Architect with recognized expertise in a branch of architecture.
General Practice of Architecture: Comprehensive architectural work including design, supervision, and administration.
Scope: Includes planning, design, construction, renovation, restoration, and architectural interiors among others.
Structural Conceptualization: Developing structural elements focused on safety and aesthetics.
Architectural Firm: Registered sole proprietorship, partnership, or corporation.
Authorship: Authority over architectural plans or specifications.
Board: Professional Regulatory Board of Architecture.
Commission: Professional Regulation Commission.
Service Agreement: Written contract covering scope and compensation for professional architectural services.
Integrated and Accredited Professional Organization: Official national organization of all Filipino architects.
Continuing Professional Development (CPD): A program for maintaining and enhancing architect knowledge and skills.
DTI: Department of Trade and Industry.
SEC: Securities and Exchange Commission.

Professional Regulatory Board of Architecture - Creation and Composition

Board created under PRC supervision.
Composed of chairman and two members appointed by the President from nominees submitted by the accredited organization of architects.
Board to be organized within six months from law effectivity.

Board Members Qualifications

Filipino citizen and resident.
Holder of a Bachelor of Science in Architecture from recognized institutions.
Registered architect with at least 10 years practice.
Not faculty or financially interested in architecture schools within 5 years before appointment.
No criminal conviction involving moral turpitude.

Term of Office

Board members serve 3 years, reappointment allowed for one full term.
Initial members staggered for 1, 2, and 3 years terms.
Members qualify by oath.

Powers and Functions of the Board

Rule-making for enforcing the Act.
Supervision of registration, licensure, and practice.
Issuance and revocation of certificates and professional cards.
Adoption and enforcement of ethical codes and standards.
Handling administrative cases with subpoena powers.
Guidelines for CPD programs (attendance not mandatory for license renewal).
Preparation, administration, and correction of licensure examinations.
Issue and regulate temporary or special practice permits.
Ensure CHED compliance in architecture education.
Adopt computerization program for exams.
Other duties enhancing the profession and education.

Administrative Supervision and Secretariat

Board under PRC administrative supervision.
PRC maintains custody of records and provides secretariat services.

Grounds for Suspension or Removal of Board Members

Neglect, incompetence.
Violation or tolerance of law or ethical code breaches.
Criminal conviction involving moral turpitude.
Manipulation of licensure exam results or breach of exam confidentiality.

Compensation

Compensation comparable to other regulatory board members, as provided by the General Appropriations Act.

Annual Report

Board submits detailed annual report to the Commission with recommendations.

Examination Requirement

License examination required for registration to practice architecture.

Qualifications for Examination

Filipino or foreign citizen meeting reciprocity requirement.
Good moral character.
Bachelor of Science in Architecture degree accredited by CHED.
Minimum two years diversified architectural experience certified by a registered architect.
Master's degree credited with one year practical experience.
No criminal conviction involving moral turpitude.

Examination Subjects

History and Theory of Architecture.
Principles of Planning and Architectural Practice.
Structural Design, Materials, Specifications, Construction Methods, Utilities.
Urban Design and Architectural Interiors.
Architectural Design and Site Planning.
Board may revise subjects for technological advancements.

Passing Grade Requirements

Weighted average of 70% with no subject less than 50%.

Reporting of Ratings

Board submits exam ratings to Commission within 30 days.
Candidates receive ratings by mail.

Oath of Profession

Successful candidates must take oath before practicing.

Issuance of Certificate and Professional ID

Granted upon passing exams and paying fees.
Certificates bear signatures and official seal.
Valid until withdrawn, suspended, or revoked.
Professional ID card includes registration number and expiry date.

Roster of Architects

Board maintains updated roster of registered architects.

Use of Seal

Licensed architects must seal all architectural documents they prepare or supervise.
Seal identifies architect, registration number, and title.
Unauthorized use or falsification of seals and documents penalized.
Documents are intellectual property of the architect.

Indication of Registration and Professional Tax Receipt

Architect must indicate registration details and tax receipt on signed documents.

Refusal of Certificate

Grounds include false representation, criminal conviction involving moral turpitude, dishonorable conduct, unsound mind.
Written reasons must be given by Board.
Political offenses or minor offenses do not bar registration.

Suspension and Revocation

On grounds of fraud, gross negligence, unprofessional or dishonorable conduct, violation of Act or ethical codes.
Board conducts hearings; appeals to the Commission are allowed.
Grounds include signing unauthorized documents, bribery, impersonation, unauthorized practice, soliciting projects without agreement.
Board to regularly update grounds for revocation.

Re-Issuance or Replacement of Certificates

Possible after two years from revocation upon proper application.
Lost or destroyed certificates may be replaced on payment of fees.

Registration Requirement for Practice

No person may practice architecture or use the title without registration and license.
Unauthorized practice by foreigners forbidden.

Architects Registered Before the Law

Automatic registration under new law subject to future conditions.

Reciprocity

Foreign applicants must prove reciprocal practice rights under law.

Continuing Professional Development (CPD)

Program to maintain knowledge and competence.
The professional organization develops CPD; other entities may be accredited as providers.

Prohibitions and Penalties

Practice without license, false use of registration or seal, impersonation, and unauthorized practice are misdemeanors.
Penalties range from fine of P100,000 to P5,000,000 and/or imprisonment of six months to six years.

Mandatory Written Contract

Architects cannot be compelled to work without a written service agreement.
Violators face fines of not less than P200,000 and/or imprisonment up to six years.

Liability of Representatives

Representatives doing architectural work must be registered architects.
Solicitation by non-registered persons is unlawful.

Signing of Plans

Architects must indicate parts of work done if signing others’ work.
Architect-of-record responsible for all sealed architectural documents.

Ownership of Architectural Plans

Signed and sealed plans are intellectual property of the architect.
Unauthorized copying is prohibited.

Non-Registered Persons Cannot Claim Equivalent Services

Unauthorized persons cannot represent architectural services even without the title "Architect."

Government Positions

Within 3 years, all government positions requiring architects must be filled by registered architects.

Collection of Fees

Only registered architects or their employees may collect architectural fees.

Registration of Architectural Firms

Firms must have at least 75% licensed architect ownership.
Only Filipinos may form architectural firms.
Firms must be registered with the SEC and Board.

Temporary/Special Permits for Foreign Architects

Foreign architects in foreign-funded government projects must obtain permits.
Conditions include reciprocity, qualification, Filipino counterpart collaboration, and local tax compliance.
Agencies hiring foreign professionals responsible for securing permits.

Liability Insurance for Foreign Practitioners

Foreign nationals must secure professional liability insurance or bond.
Board to implement rules within 6 months after law effectivity.

Integration of Architecture Profession

One national accredited organization for architects.
Membership automatic upon registration.
No bar to membership in other organizations.

Implementing Rules

Board to issue implementing rules, ethical code, and standards within 60 days from effectivity.

Appropriations

PRC Chairperson to include implementation funding in General Appropriations Act.

Relation to Other Professions

Law does not affect practice of other recognized professions.

Enforcement

Commission and Board to enforce this Act.
Law enforcement agencies shall assist upon request.
Legal advice and assistance provided by Secretary of Justice or representative.
Complaints and illegal practice reports may be filed before Board or Commission.

Separability Clause

Unconstitutional parts do not affect other provisions.

Repealing Clause

Repeals Republic Act No. 545 and related inconsistent laws.

Effectivity

Law effective 15 days after publication in Official Gazette or two newspapers of general circulation.