Part 1 and Part 2: Introduction, RA 9266 IRR and Civil Code Liabilities

SPP Doc. 201

Pre-Design Services

SPP Doc. 202

Regular Design Services

SPP Doc. 203

Specialized Architectural Services

SPP Doc. 204-A

Full-Time Supervision Services

SPP Doc. 204-B

Construction Management Services

SPP Doc. 205

Post-Construction Services

SPP Doc. 206

Comprehensive Architectural Services

SPP Doc. 207

Design-Build Services

SPP Doc. 208

Selection of the Architect and Architectural Design Competitions

SPP Doc. 209

Professional Architectural Consulting Services

UAP-IAPOA Doc. 210

The document that states the methods of compensation and Recommended Professional Fee (RPF) for architectural services

1987 Constitution

The practice of all professions in the Philippines shall be limited to Filipino citizens,

Statute: RA 9266

The Architecture Act of 2004

Implementing rules

IRR of RA 9266

2010 Standards of Professional Practice (SPP)

The Supplemental IRR adopted under PRBOA Resolution No. 3, s. 2010

Code of Ethical Conduct (2006)

The ethical standards for architects whose violation serves as ground to suspend or revoke a professional license

PRBOA Resolution No. 5, s. 2016

The resolution adopting UAP-IAPOA Doc. 210

Legislative

Enacts architecture laws

Executive

Administers and enforces architecture laws through the PRC and the PRBOA, which issue rules, hold admin cases, and supervise practice

Judiciary

Interprets laws and reviews appeals from PRC decisions (e.g., Court of Appeals, Supreme Court)

DPWH v. PICE (2023) Ruling

Supreme Court ruling stating only registered and licensed architects may prepare, sign, and seal architectural documents

1987 Constitution Art. XII Sec. 14

Constitutional rule stating the practice of all professions in the Philippines is limited strictly to Filipino citizens, unless allowed by law

RA 9266 Statement of Policy

The State policy to develop competent, virtuous, and world-class architects through credible board exams and regulatory measures

Architecture

The art, science, or profession of planning, designing, and constructing buildings in their totality, considering utility, strength, and beauty

Service Agreement

A duly notarized written contract or public instrument outlining project scope and guaranteeing compensation

Architect-of-record (AOR)

The architect directly responsible for total project design who assumes civil liability for plans, specs, and contract documents signed/sealed

Architect-in-charge of construction (AICC)

The architect directly responsible and liable for construction supervision of the project

Consulting Architect (CA)

A registered architect with recognized specialized expertise in a specific branch of architecture

IAPOA

Integrated and Accredited Professional Organization of Architects (the United Architects of the Philippines / UAP)

AOR Civil Liability Limitation

An AOR's civil liability covers only architectural documents and does not extend to other professionals unless directly employed by the AOR

PRBOA Composition

A collegial body under PRC consisting of 1 Chairman and 2 Members appointed by the President of the Philippines

PRBOA Selection Process

IAPOA submits 5 nominees per position to PRC; PRC selects 3 recommendees; the President appoints 1

PRBOA Member Qualifications

Filipino citizen/resident, BS Architecture degree holder, registered architect, active practitioner for 10+ years, non-faculty (or resigned 5+ years), no moral turpitude conviction, non-IAPOA officer

PRBOA Term of Office

3 years per term with a maximum of 1 reappointment (up to 6 years total)

PRBOA Vacancy Term

A replacement member serves only the remaining unexpired portion of the term

PRBOA Decision Finality

Administrative decisions become final and executory 15 days after receipt of notice unless appealed to the PRC

PRBOA Admin Subpoena Powers

Power to issue subpoena ad testificandum (witness testimony) and subpoena duces tecum (production of documents)

Section 9 Ground for Removal of Board Member

Neglect of duty, incompetence, law/code violation, conviction of moral turpitude, or exam rigging

Section 13 Exam Qualification Requirements

Filipino or eligible foreign citizen, good moral character, BS Arch degree, 2 years diversified architectural experience (or 1 year with Master's degree), no moral turpitude conviction

Diversified Architectural Experience

Post-baccalaureate, pre-licensure practical training for 2 years supervised and certified by a registered architect

Master's Degree Credit for Licensure

A Master's degree in Architecture credits 1 year toward the 2-year diversified experience requirement

Licensure Exam Passing Rating

A weighted general average of 70% with no grade lower than 50% in any individual subject

30 calendar days

Exam results must be released within ___following the examination date

Certificate of Registration Duration

Remains valid continuously until withdrawn, suspended, or revoked by the Board

Required Document Inscriptions

Every document signed/issued must list the Certificate of Registration No., Identification Card No. & expiry, and PTR No.

Section 20(1) Seal Rule

It is illegal to stamp documents with an architect's seal if the certificate has expired or been revoked

Section 20(2) Government Officer Rule

Government officers are prohibited from approving architectural plans or paying for work not prepared in compliance with RA 9266

Section 20(3) Sealing Another's Plans Rule

An architect cannot seal plans made by another unless specific parts done personally are clearly indicated

Sec. 20 (4)

The client owns the physical drawings for one original project, but the architect retains copyright and intellectual property rights

Duplication of Architectural Documents

It is illegal to reuse or duplicate an architect's plans for other projects without written consent of the architect

Section 20(5) Exclusive Sealing Right

Architectural plans, designs, and documents relative to building construction shall bear the seal and signature ONLY of a licensed architect

Section 22 Refusal of Registration Grounds

Conviction of moral turpitude, immoral/dishonorable conduct, unsound mind, or false statements on application

Section 23 License Suspension/Revocation Grounds

Sealing un-supervised plans, paying bribes for registration, practicing under false names, aiding illegal practice, working without service agreements, or rule violations

Reinstatement of Revoked Certificate

The Board may reinstate a revoked certificate after 2 years from revocation without requiring a new exam

Section 25 Prohibited Practice

Unregistered individuals cannot practice architecture, prepare building plans, or use the title "Architect"

Section 27 Foreign Reciprocity Rule

A foreigner can take the PH licensure exam only if their country allows Filipinos to practice architecture on identical terms

Sec. 28

All practicing architects must participate in Continuing Professional Development managed by the IAPOA CPE Council

Section 29 Penalty for Unauthorized Practice

Fine between P100,000 to P5,000,000, or imprisonment from 6 months to 6 years, or both

Section 30 Penalty for Coercing Services Without Contract

Fine of not less than P200,000, or imprisonment up to 6 years, or both

Section 32 Civil Liability Link

An architect's signature, seal, PTR, PRC No., and IAPOA receipt signify assumption of 15-year civil liability under Civil Code Art. 1723

Section 35 Government Architect Incentive

Government AORs completing projects can receive an incentive of 1.5% of project cost, capped at 50% of their annual salary

Section 37 Architectural Firm Ownership Rule

Architects must compose at least 75% of owners, shareholders, directors, or officers in registered architectural firms

Temporary / Special Permit (TSP) Conditions for Foreigners

Must have foreign reciprocity, proven expertise for tech transfer, work with a Filipino AOR counterpart, and obtain TSP within 30 days of appointment

Article 1723 Civil Code (15-Year Liability)

Architect/engineer is liable if a building collapses within 15 years from completion due to plan defects or ground defects

Article 1723 Civil Code (Solidary Liability)

Architect is solidarily liable with the contractor if the architect supervises the building construction

Article 1723 Civil Code (Prescriptive Period)

Legal action against responsible parties must be filed within 10 years following the collapse of the building

Fortuitous Event

No person is liable for unavoidable/unforeseeable events, provided there was zero human negligence or participation

Nakpil & Sons v. CA Ruling

Architects/contractors remain liable for earthquake damage if concurrent design defects or construction deviations contributed to the failure