REPUBLIC ACT NO. 9266

Implementing Rules and Regulations of Republic Act No. 9266

SECTION 1

Title

SECTION 2

Statement of Policy

SECTION 3

Definition of Terms

SECTION 4

Creation and Composition of the Professional Regulatory Board

SECTION 5

Qualifications of Members of the Professional Regulatory Board

SECTION 6

Term of Office

SECTION 7

Powers and Functions of the Board

SECTION 8

Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support Services

SECTION 9

Grounds for Suspension or Removal of Members of the Board

SECTION 10

Compensation and Allowances of the Board

SECTION 11

Annual Report

SECTION 12

Examination Required

SECTION 13

Qualifications of Applicant for Examination

SECTION 14

Subjects for Examination

SECTION 15

Rating in the Licensure Examination

SECTION 16

Report of Ratings

SECTION 17

Oath

SECTION 18

Issuance of Certificates of Registration and Professional Identification Card

SECTION 19

Roster of Architects

SECTION 20

Seal, Issuance and Use of Seal

SECTION 21

Indication of Certificate of Registration/Professional Identification Card and Professional Tax Receipt

SECTION 22

Refusal to Issue Certificate of Registration and Professional Identification Card

SECTION 23

Suspension and Revocation of Certificates of Registration, Professional Identification Card or the Special/Temporary Permit

SECTION 24

Re-issuance or Replacement of Revoked or Lost Certificates of Registration, Professional Identification Card or Special and Temporary Permit

SECTION 25

Registration of Architects Required

SECTION 26

Vested Rights. Architects Registered When This Law is SEPassed

SECTION 27

Reciprocity Requirements

SECTION 28

Continuing Professional Development (CPD)

SECTION 29

Prohibition in the Practice of Architecture and Penal Clause

SECTION 30

Prohibition in the Practice of Architecture

SECTION 31

Liability of Representatives of Non-Registered Persons

SECTION 32

Signing and Sealing of Architectural Plans, Specifications, Architectural Permit and Other Contract Documents

SECTION 33

Ownership of Plans, Specifications and Other Contract Documents

SECTION 34

Non-Registered Person shall not Claim Equivalent Service

SECTION 35

Positions in Government Requiring the Services of Registered and Licensed Architects

SECTION 36

Collection of Professional Fees

SECTION 37

Limitation to the Registration of a Firm, Company, Partnership, Corporation or Association

SECTION 38

Coverage of Temporary/Special Permits

SECTION 39

Liability Insurance of a Person or Entity Allowed to Practice under a Temporary/Special Permit

SECTION 40

Integration of the Architecture Profession

SECTION 41

Implementing Rules and Regulations

SECTION 42

Appropriations

SECTION 43

Act Not Affecting Other Professionals

SECTION 44

Enforcement of the Act

SECTION 45

Separability Clause

SECTION 46

Repealing Clause

SECTION 47

Effectivity

RULE 1

TITLE, POLICY STATEMENT, DEFINITION OF TERMS AND SCOPE OF PRACTICE

RULE 2

PROFESSIONAL REGULATORY BOARD OF ARCHITECTURE: ORGANIZATION, POWERS AND FUNCTIONS

RULE 3

EXAMINATION, REGISTRATION AND LICENSURE

RULE 4

PRACTICE OF ARCHITECTURE (SUNDRY PROVISIONS)

RULE 5

FINAL PROVISIONS

SECTION 1 - 3

SECTIONS IN RULE 1

SECTION 4 - 11

SECTIONS IN RULE 2

SECTION 12 - 24

SECTIONS IN RULE 3

SECTION 25 - 39

SECTIONS IN RULE 4

SECTION 40 - 47

SECTIONS IN RULE 5

RA 9266

• Serves as the founder for the regulation of professional practice

• Establish guidelines for licensure, set standards for professional conduct, and protect the public by ensuring that only qualified and competent individuals practice architecture

Architecture Act of 2004

RA 9266 shall be known as...

RA 545

RA 9266 repeals...

"An Act To Regulate The Practice Of Architecture In The Philippines"

RA 545 is also known as...

1950

RA 545 was enacted in

1. Modernization of standards

2. Comprehensive regulations

3. Clarifications of the rules and scope

Why is RA 9266 repealing necessary?

The repealing clause, RA 9266, actively revokes or cancels RA 545, making it no longer valid

INFORMATION ONLY

RA 9266, supersedes RA 545 and becomes the primary legal framework in governing the practice of Architecture in the Philippines

INFORMATION ONLY

By repealing RA 545, RA 9266 provides a more relevant and comprehensive legal basis for practicing architecture in the Philippines.

INFORMATION ONLY

Title, Policy Statement, Definition Of Terms, And Scope Of Practice

Title of RULE 1

Title

Title of Section 1

Section 1. Title

• Address the title of the Act

• Provides the official name of the legislation for referencing the law

Section 1. Title

This Rules and Regulations shall be known as “THE RULES AND REGULATIONS IMPLEMENTING THE PROVISIONS OF REPUBLIC ACT NO. 9266”, otherwise known as “THE ARCHITECTURE ACT OF 2004”. For brevity, it may be cited as “IRR of the Architecture Act of 2004”.

An Act Providing For A More Responsive And Comprehensive Regulation For The Registration, Licensing And Practice Of Architecture, Repealing For The Purpose Republic Act No. 545, As Amended, Otherwise Known As "An Act To Regulate The Practice Of Architecture In The Philippines," And For Other Purposes

Full name of RA 9266

The Architecture Act of 2004

Short title for RA 9266

Statement of Policy

Title of Section 2

Section 2. Statement of Policy

• Explains the fundamental principles and goals that support the Law of Architecture

• Guides the implementation and shapes the practice of Architecture in the Philippines

Section 2. Statement of Policy

The State recognizes the importance of architects in nation building and development. Hence, it shall develop and nurture competent, virtuous, productive and well-rounded professional architects whose standards of practice and service shall be excellent, qualitative, world-class and globally competitive through inviolable, honest, effective and credible licensure examinations and through regulatory measures, programs and activities that foster their professional growth and development.

This “IRR of the Architecture Act of 2004” shall be interpreted, construed, and carried out in the light of the Statement of Policy found in Section 2 of Republic Act No. 9266, as stated above.

Competent

Virtuous

Productive

Well-rounded

Architects should be...

Inviolable

The examination should be protected from any forms of tampering or corruption to ensure integrity and fairness

Honest

The process should be transparent and free from dishonesty or unethical practices

Effective

Must assess the knowledge, skills, and competencies required in architecture

Credible

The examination should be recognized as a valid and reliable measure of an architect's qualification

This policy ensures that the licensing process is robust and trustworthy, upholding high standards for entry into the profession.

INFORMATION ONLY

Continuing Professional Development

What is CPD?

Continuing Professional Development (CPD)

... are various activities such as conferences, seminars, and forums for continuous education and development of the architect.

Architecture

is the art, science or profession of planning, designing and constructing buildings in their totality taking into account their environment, in accordance with the principles of utility, strength and beauty;

• Art. It involves creative and aesthetic elements

• Science. Involves principles of engineering and mathematics

• Involves conceptualizing structures, their function, and integration into surroundings

• Includes understanding the needs of the users and the community

• Combines creative and technical knowledge

• Involves coordination with builders, engineers, and other professionals

Architect

means a person professionally and academically qualified, registered and licensed under R.A. No. 9266 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 the fair and sustainable development, welfare and cultural expression of society’s habitat in terms of space, forms and historical context;

• The individual shall meet the standards and regulations set by the PRC in terms of education, experience, and examination

• Must complete required academic education in architecture in a recognized institution

• Graduate of BS Architecture

• Responsible for advocating sustainable development

• Ensure that architecture benefits all segments of society

Architect-of-record

means the architect registered and licensed under R.A. No. 9266, who is directly and professionally responsible for the total design of the project for the client and who shall assume the civil liability for the plans, specifications and contract documents he/she has signed and sealed;

• Responsible for managing and overseeing the entire project

• Supervises the whole design process

Architect-in-charge of construction

means an architect registered and licensed under R.A. No. 9266, who is directly and professionally responsible and liable for the construction supervision of the project;

• Supervises the actual construction phase

• Involves onsite management and coordination with contractors and construction professionals

• Oversee all activities related to the building process

Consulting Architect

means the architect registered and licensed or permitted to practice under R.A. No. 9266, who is professionally and academically qualified and with exceptional or recognized expertise or specialization in any branch of architecture;

• Must have a high level of skill or advanced knowledge

• Must be recognized as experts

• Assumes no civil liability unless they intervene in the legal and professional functions of the Architect-of-Record

General Practice of Architecture

the act of planning and architectural designing, structural conceptualization, specifying, supervising and giving general administration and responsible direction to the erection, enlargement or alterations of buildings and building environments and architectural design in engineering structures or any part thereof;

the scientific, aesthetic, and orderly coordination of all the processes which enter into the production of a complete building or structure performed through the medium of unbiased preliminary studies of plans, consultations, specifications, conferences, evaluations, investigations, contract documents and oral advice and directions regardless of whether the persons engaged in such practice are residents of the Philippines or have their principal office or place of business in this country or another territory, and regardless of whether such persons are performing one or all these duties, or whether such duties are performed in person or as the directing head of an office or organization performing them;

• the general practice of architecture undertakes a range of activities including preliminary designs, studies, consultations and conferences, specifications and contract documents, evaluation, investigation, oral advice, and direction.

Scope of the Practice of Architecture

encompasses the provision of professional services in connection with site, physical and planning and the design, construction, enlargement, conservation, renovation, remodeling, restoration or alteration of a building or group of buildings.

1. Planning, Architectural designing, and structural conceptualization

2. Consultation and Pre-design services

3. Schematic design, design development, contract documents, and construction phases

4. Feasibility studies and project promotion

5. Preparation of architectural plan specifications, bill of materials, cost estimates, general conditions, and bidding documents

6. Construction and project management

7. Architectural layout and space planning

8. Building programming, building administration, construction arbitration, and architectural conservation and restoration

9. Coordination and quality enhancement

10. all other works, projects, and activities which

    require the professional competence of an architect,

    including teaching of architectural subjects

Architectural services may include, but are not limited to:

Structural Conceptualization

means the act of conceiving, choosing and developing the type, disposition, arrangement and proportioning of the structural elements of an architectural work giving due consideration to safety, cost-effectiveness, functionality and aesthetics

• Planning and defining the structural framework of the building involves envisioning how the building will be supported

Architectural Firm

means a sole proprietorship, a partnership or a corporation registered with the DTI AND/OR SEC and then with the Board of Architecture and PRC;

• A business that provides architectural service

Authorship

refers to the author or authors of a set of architectural plans or specifications who are in charge of their preparation whether made by them personally or under their immediate supervision;

Board

refers to the Professional Regulatory Board of Architecture;

Commission

means the Professional Regulation Commission;

• Professional Regulation Commission is a government body responsible for overseeing and regulating various professions in the Philippines

Service Agreement

means a duly notarized written contract or equivalent public instrument stipulating the scope of services and guaranteeing compensation of such services to be rendered by an architect registered and licensed under R.A. No. 9266;

Violation of the Service Agreement is a basis for a civil liability under Art. 1723 of the Civil Code unless he/she attempts and/or succeeds to interfere or contravene the legal and professional functions of the Architect-of-Record: the Consulting Architect.

• A formal contract between client and architect; a binding document that is duly notarized; entails the scope of services

• If either party does not follow the terms and agreement, they could face legal consequences under Article 17 or the Civil Code

• The agreement also outlines what the architect will do, how they will be paid, and what happens if the contract is not followed.

Integrated and Accredited Professional Organization

means the existing official national organization of all architects of the Philippines in which all registered Filipino architects shall be members without prejudice to membership in other voluntary professional associations;

• IAPOA. Recognized national body representing all architects in the Philippines

• Registered Filipino architects are required to be members of IAPOA; architects can also join other professional association

• The main official organization of architects in the Philippines

Continuing Professional Development

refers to a sustaining and progressive learning process that maintains, enhances, or increases the knowledge and continuing ability of architects;

• CPD. ongoing process of learning and developing professionals to maintain and enhance their skills and knowledge through their careers.

• It is crucial due to the rapidly evolving nature of the field with new technologies, materials, regulations, and design practices constantly emerging

DTI

shall mean the Department of Trade and Industry;

a government agency responsible for promoting and regulating trade, Commerce, and Industry within the country.