Architecture Act: Architect Regulation Law

Key Definitions and Professional Terms

“Architecture” is the art, science, or profession of planning, designing, and constructing buildings in their totality, considering their environment and applying principles of utility, strength, and beauty (Section 3).
“Architect” means a person professionally and academically qualified, registered and licensed under this Act with a Certificate of Registration and Professional Identification Card issued by the Professional Regulatory Board of Architecture and the Professional Regulation Commission, and who is responsible for advocating fair and sustainable development, welfare, and cultural expression of society’s habitat in terms of space, forms, and historical context (Section 3).
“Architect-of-record” is the licensed architect directly and professionally responsible for the total design of the project for the client, assuming civil liability for the plans, specifications, and contract documents signed and sealed by the architect-of-record (Section 3).
“Architect-in-charge of construction” is the licensed architect directly and professionally responsible and liable for construction supervision of the project (Section 3).
“General Practice of Architecture” includes planning and architectural designing, structural conceptualization, specifying, supervising, and giving general administration and responsible direction to erection, enlargement, alterations, and related scientific and professional processes, for complete building production and related building environments (Section 3).
“Scope of the Practice of Architecture” covers professional services connected with site, physical and planning design, and construction-related activities (including design, conservation, renovation, remodeling, restoration, alteration of buildings or groups of buildings) and enumerated planning, design, feasibility, contract documents, construction/project management, interior/lighting/acoustics/utility systems coordination, building administration, arbitration, architectural conservation/restoration, and other architect-competence activities (Section 3).
“Architectural Firm” includes a sole proprietorship, partnership, or corporation registered with the proper government agencies (Section 3).
“Board” is the Professional Regulatory Board of Architecture, and “Commission” is the Professional Regulation Commission (Section 3).

Professional Regulatory Board Powers

A Professional Regulatory Board of Architecture is created as a collegial body under the supervision and administrative control of the Professional Regulation Commission, composed of a chairman and two (2) members appointed by the President of the Philippines (Section 4).
Board organization must be completed not later than six (6) months from the effectivity of the Act (Section 4).
Board members must be Philippine citizens and residents, must hold a Bachelor of Science in Architecture recognized/accredited by CHED, must be architects with valid registration and active practice for at least ten (10) years, must not be current faculty in architecture teaching/review institutions and must have resigned and stopped teaching/advising/reviewing for at least five (5) years if formerly faculty, and must never have been convicted of any crime involving moral turpitude (Section 5).
Board members hold a term of three (3) years, may be reappointed for one full term of three (3) years, and vacancies are filled only for the unexpired portion of the term (Section 6).
The Board prescribes rules and regulations, supervises registration/licensure/practice, administers oaths, and issues/suspends/revokes/reinstates Certificates of Registration and Professional Cards (Section 7).
The Board adopts a Code of Ethical Conduct and Standards of Professional Practice, monitors conditions affecting practice to maintain high standards, and hears/decides administrative cases, including issuance of subpoena ad testificandum and subpoena duces tecum; Board decisions become final and executory unless appealed to the Commission after fifteen (15) days from receipt of notice of judgment/decision, and Commission decisions may be appealed to the Court of Appeals under the Rules of Court (Section 7).
The Board prescribes guidelines for the CPD program in consultation with the integrated and accredited professional organization, and CPD attendance is not a mandatory requirement for license renewal (Section 7).
The Board prepares and administers licensure examination syllabi and questions (subject to Commission approval) and administers, corrects, and releases licensure examination results (Section 7).
The Board approves/limits/cancels temporary or special permits to practice architecture and ensures, in coordination with CHED, that higher education in architecture complies with CHED policies, standards, and requirements; it may adopt a program for full computerization of the licensure examination (Section 7).
Board issuances are subject to review and approval of the Commission, while Board decisions/orders in administrative cases are subject to review only if appealed (Section 7).
The Board is administratively supervised by the Commission; the Commission keeps custody of Board records, including examination applications and administrative/investigative cases conducted by the Board; the Commission designates the Secretary of the Board and provides secretariat and support services (Section 8).
The President may suspend or remove Board members upon Commission recommendation, after giving opportunity to defend in a Commission-administered administrative investigation, on grounds of neglect of duty or incompetence; violation or tolerance of violations; final judgment for crimes involving moral turpitude; or manipulation/rigging of licensure results, disclosure of secret/confidential examination questions, or tampering of grades (Section 9).
Board compensation and allowances are comparable to those of existing regulatory boards under the Commission as provided in the General Appropriations Act (Section 10).
The Board must submit an annual report to the Commission after each year’s close detailing proceedings and recommendations (Section 11).

Licensure Examination, Registration, and Oath

Applicants for registration to practice architecture must undergo a licensure examination given by the Board in places and dates designated by the Commission, in accordance with Republic Act No. 8981 (Section 12).
Examination applicants must establish to the Board: Filipino citizenship or eligibility under the Act; good moral character; a BS Architecture degree from a CHED-recognized/accredited school or institute and at least two (2) years (or equivalent) diversified architectural experience certified by a registered/licensed architect; no conviction of any criminal offense involving moral turpitude (Section 13).
An applicant holding a Master’s Degree in Architecture from a government-recognized institution is credited one (1) year in practical experience (Section 13).
The licensure examination covers, at minimum: 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 or exclude subjects and their syllabi and add new ones, subject to Commission approval, to conform with technological trends and continuing profession needs (Section 14).
Passing requires a weighted general average of seventy percent (70%), with no grade lower than fifty percent (50%) in any subject (Section 15).
The Board submits each candidate’s ratings to the Commission within thirty (30) calendar days after the examination unless extended for just cause, and sends ratings to examinees by mail using the mailing envelope submitted during the examination (Section 16).
Successful candidates must take an oath of profession before a Board member, authorized government official, or any person authorized by law to administer oaths before entering practice (Section 17).

Certificates, Roster, and Seals

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 (Section 18).
The Certificate of Registration must bear signatures of the chairperson of the Commission and the Board’s chairperson and members, stamped with the Board’s official seal, and remains in force until withdrawn, suspended, or revoked under the Act (Section 18).
The Professional Identification Card must bear the registration number, date of issuance, expiry date, and be signed by the chairperson of the Commission after payment of the prescribed fee (Section 18).
The Board prepares and updates a roster listing the names and place of business of all registered professional architects, and provides copies as needed by any party (Section 19).
Licensed architects must affix the Board-prescribed seal bearing the registrant’s name and registration number, with the title “Architect”, on all architectural plans, drawings, specifications, and other contract documents prepared by or under the architect’s direct supervision (Section 20).
Upon registration, each registrant must obtain a seal design authorized and directed by the Board; plans and specifications prepared under the registrant’s direct supervision must be stamped/ sealed during the life of the certificate and must cease upon expiry or revocation unless renewed or reissued (Section 20).
Government officers charged with enforcing laws on construction or alteration of buildings must not accept or approve architectural plans or specifications not fully prepared and submitted in compliance with the Act, and must not approve payments for work whose plans/specifications were not prepared and signed and sealed in compliance (Section 20).
It is unlawful for an architect to sign, seal, or use any other method of signature on architectural plans/specifications/documents made under another architect’s supervision unless clearly indicating the part(s) actually performed by the former; it is also unlawful for any person except the architect-of-record to sign for any branch of work or function not actually performed by him/her (Section 20).
The architect-of-record is fully responsible for all plans, specifications, and documents issued under his/her seal or authorized signature (Section 20).
Drawings and specifications signed/stamped/sealed as instruments of service are the architect’s intellectual property and documents whether or not the object is executed; unlawful duplication or copying for repetition on other projects/buildings for public or private use is prohibited without consent of the architect/author (Section 20).
Architectural plans/designs/specifications/drawings/architectural documents for construction of a building must bear the seal and signature only of an architect registered and 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, including date of issuance and validity duration, and professional tax receipt number on documents they sign, use, or issue in practice (Section 21).

Refusal, Suspension/Revocation, and Reissuance

The Board must not register or issue a Certificate of Registration and Professional Identification Card to a person who falsely swore or misrepresented in the application; to a person convicted by a competent court of a criminal offense involving moral turpitude; to a person guilty of immoral and dishonorable conduct; or to a person of unsound mind (Section 22).
On refusal for any reason, the Board must provide a written statement of reasons, which must be incorporated into the Board record (Section 22).
Registration cannot be refused and a name cannot be removed from the roster on conviction for a political offense, or for an offense that should not, in the Board’s opinion, disqualify the person from practicing under the Act based on the offense’s nature or case circumstances (Section 22).
The Board may, upon notice and hearing, suspend or revoke validity of a Certificate of Registration/Professional Identification Card, or cancel a special permit, on grounds including fraud/deceit in obtaining registration or permit; gross negligence or incompetence; unprofessional or dishonorable conduct; or other causes specified by the Act (Section 23).
The Board’s suspension/revocation/cancellation is appealable to the Commission and the Commission’s decision becomes final if the respondent: signed/sealed/permitted signing/sealing of plans/designs/specifications/drawings/reports/valuation/estimates/other similar documents/work not prepared by him/her or not executed under immediate supervision; paid money except to regular fees to secure registration; falsely impersonated a practitioner/former practitioner; practiced under assumed, fictitious, or corporate name other than registered; aided/abetted unauthorized practice; solicited projects by undertaking architectural services without a valid service agreement guaranteeing compensation and/or allowed exploitation through services without a valid service agreement prejudicial to other registered architects and inimical to the profession; or violated any provision of the Act, implementing rules, or the Code of Ethical Conduct and Standards of Professional Practice (Section 23).
The Board must periodically examine grounds for revocation and update them as necessary under implementing rules (Section 23).
Charges against registrants may be prepared by any person/firms/associations in writing, sworn to by the charger, and filed with the Secretary of the Board, and the Board may motu proprio investigate and/or take cognizance of acts and practices sufficient for suspension or revocation by proper resolution or order (Section 23).
After two (2) years from the date of revocation of a Certificate of Registration/Professional Identification Card or special temporary permit, the Board may reinstate validity upon application and for reasons deemed proper and sufficient; the Board may in its discretion exempt the applicant from taking another examination (Section 24).
A new Certificate of Registration and/or Professional Identification Card and replacement temporary/special permits may be re-issued for lost, destroyed, or mutilated originals subject to Board and Commission rules and upon payment of required fees (Section 24).

Practice Rules, Prohibitions, and Firm Practice

No person shall practice architecture in the Philippines, prepare architectural plans/specifications/preliminary data for erection or alteration of buildings within Philippine territory, use the title “Architect”, display the word “Architect” with another word, or display/use titles/cards/advertisements/other devices indicating practice/offering to practice, unless the person has received a Certificate of Registration from the Board, is issued a Professional Identification Card, and thereafter complies with the Act (Section 25).
A foreign architect or any person not authorized to practice who stays in the Philippines and performs activities mentioned in Sections 3 and 4 of the Act, or other analogous activities related to construction/land development projects, is deemed engaged in unauthorized practice of architecture (Section 25).
All architects registered at the time the law takes effect are automatically registered under the Act subject to future requirements; their Certificates of Registration in good standing have the same force and effect as if issued after enactment (Section 26).
A non-Philippine citizen applying to take the examination cannot be allowed to take the licensure examination unless the applicant proves by the Rules of Court that the applicant’s home country admits Filipinos to practice without restriction or allows practice after passing an examination on strict and absolute equality, including unconditional recognition of prerequisite degrees/diplomas (Section 27).
All practicing architects must maintain a continuing professional development program to safeguard life, health, and property and to promote public interest; the integrated and accredited professional organization must develop the CPD program, while other entities may become CPD providers upon Board accreditation (Section 28).
It is a misdemeanor and punishable by 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 or not exceeding six (6) years, or both, at the discretion of the Court, for any person to: practice or offer to practice without registration/licensure (or without temporary/special permits); use as his/her own the Certificate of Registration/Professional Identification Card or seal of another or a temporary/special permit; present false/forged evidence to the Board for registration or permit; impersonate any registrant; attempt to use revoked/suspended certificates or cancelled permits; assume or advertise a title/description conveying an impression of being an architect when not an architect; knowingly allow adoption/implementation of plans/designs/specifications made by persons not duly licensed; or violate the Act, its implementing rules, the Code of Ethical Conduct and Standards of Professional Practice, or any policy of the Board and Commission (Section 29).
It is a misdemeanor punishable by fine of not less than PHP 200,000 or imprisonment of not exceeding six (6) years, or both, at the discretion of the Court, for any person or entity (public or private, Filipino or foreign) to entice/compel/coerce/require/force a registered and licensed architect to undertake services under the general practice of architecture without first executing a written contract/service agreement (Section 30).
It is unlawful for any person/firm/corporation to avoid the Act by having a representative/employee seek architectural work for them unless and until those persons are duly qualified and registered/licensed; otherwise, both the represented and the representative, the employer, and the employee are deemed guilty of violation, and solicitation of architectural work is construed as offering to practice architecture and is unlawful for non-registered/unlicensed persons (Section 31).
It is unlawful for any architect to sign/seal/use any signature method on architectural plans/specifications/contract documents made under another architect’s supervision unless clearly indicating the part(s) actually performed; it is also unlawful for any person except the architect-of-record to sign for branch work/functions not actually performed; the Board must issue the necessary rules and regulations on signing/sealing of drawings, specifications, reports, and other documents (Section 32).
Architectural plans, specifications, and other contract documents duly signed/stamped/sealed as instruments of service are the intellectual property and documents of the architect whether or not the project is executed; duplication or copying for repetition on other projects/buildings without the written consent of the architect/author is unlawful (Section 33).
All architects must incorporate this ownership provision into contract documents and other instruments of service (Section 33).
Persons not registered as architects cannot claim or represent their services/work as equivalent to those of a duly qualified registered architect or claim qualification for any branch/function of architectural practice, even without using the title “Architect” (Section 34).
Within three (3) years from the Act’s effectivity, all existing and proposed government positions in local and national government primarily requiring an architect’s services must be filled only by registered and licensed architects (Section 35).
It is unlawful for any unregistered person to collect a fee for architectural services except as an employee collecting a fee as representative of a registered architect (Section 36).
A firm/company/partnership/corporation/association may be registered or licensed for the practice of architecture only if: only Filipino citizens properly registered and licensed as architects may form the entity (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 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 and Insurance

Foreign nationals who entered the Philippines to perform architectural professional services as architects/consultants in foreign-funded/assisted government projects, or who are employed/engaged by Filipino or foreign contractors or private firms, must secure a special/temporary permit from the Board subject to approval by the Commission before assuming duties and responsibilities as architects or consultants for the commissioned project (Section 38).
A foreign national or foreign firm whose name/company name with titles such as architect, architectural consultant, design consultant, consultant, or designer appears on architectural plans/specifications/related construction documents for securing building permits/licenses/government clearances for actual construction in the Philippines and for advertisements and billboards for marketing is deemed practicing architecture in the Philippines regardless of whether the professional services contract is consummated in the Philippines or a foreign country (Section 38).
Temporary/special permit conditions include: the foreign national’s country specifically permits Filipino professionals to practice within its territorial limits on the same basis as its own citizens/subjects; the foreign national must be legally qualified to practice architecture in the home country and expertise must be necessary and advantageous to the Philippines particularly for 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/services to the project, following implementing rules on registration/issuance procedures; and agencies/organizations/individuals securing foreign professionals authorized by law must be responsible for securing a special permit from the PRC and the DOLE under PRC and DOLE rules (Section 38).
Foreign nationals, including former Filipinos, allowed to engage in general practice must secure locally professional liability insurance or malpractice insurance (or an acceptable equivalent in bond form) commensurate with project nature and magnitude and compensation; the Board implements these requirements within six (6) months from the Act’s effectivity, in consultation with the integrated and accredited professional organization (Section 39).

Professional Integration, Implementing Rules, and Enforcement

The Architecture profession is integrated into one (1) national organization accredited by the Board and subject to Commission approval as the integrated and accredited professional organization of architects; the organization must be registered with the Securities and Exchange Commission as a non-profit, non-stock corporation, governed by by-laws providing for democratic election of officials (Section 40).
A registered architect automatically becomes a member and receives benefits and privileges upon payment of required fees and dues; membership in this organization is not a bar to membership in other architect associations (Section 40).
Within sixty (60) days after effectivity, the Board (subject to Commission approval and in coordination with the integrated and accredited professional organization) must adopt and promulgate implementing rules, the Code of Ethical Conduct, and Standards of Professional Practice; these become effective fifteen (15) days following publication in the Official Gazette or in two (2) major daily newspapers of general circulation (Section 41).
The Chairperson of the Professional Regulation Commission must include implementation funding in the Commission programs and ensure funding is included in 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 Commission and Board must effectively enforce the Act; law enforcement agencies and officers of national, provincial, city, municipal government or any political subdivision must assist upon call/request of the Commission or Board and prosecute violators; the Secretary of Justice or designated representative serves as legal adviser to the Commission and Board (Section 44).
Any person may bring illegal practice/violations cases before the Commission, Board, or the mentioned officers of law; the Board assists the Commission in filing charges through the concerned prosecution office according to law and the Rules of Court (Section 44).

Final Provisions: Separability, Repeal, Effectivity

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