Studied by 3 people
Looks like no one added any tags here yet for you.
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”
Republic Act No.9266
AN ACT TO REGULATE THE PRACTICE OF ARCHITECTURE IN THE PHILIPPINES
REPUBLIC ACT NO. 545, June 17, 1950
This act shall be known as the Architecture Act of 2004
SECTION 1: Short Title
The State recognizes the importance of Architects in nation building development. Hence, it shall develop and nurture competent, virtous, productive and well-rounded professional Architects whose standards and practice and servicess 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
SECTION 2: Statement of Policy
What section is the “Definition of Terms”?
SECTION 3 under ARTICLE I
It 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
“Architecture”
It 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 advocating the fair and sustainable development, welfare and cultural expression of society’s habitat in terms of space, forms and historical context
“Architect”
It means the Architect registered and licensed under this Act, 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 signed and sealed
“Architect-of-record” (AoR)
It means an Architect registered and licensed under this act, who is directly and professionally responsible and liable for the construction supervision of the project
“Architecture-in-charge of construction” (AiCC)
It means the Architect registered and licensed or permitted to practice under this act, who is professionally and academically qualified and with exceptional recognized expertise or specialization in any branch of architecture
“Consulting Architect”
It means 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.
"General Practice of Architecture"
It 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.
"Scope of the Practice of Architecture"
It 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
"Structural Conceptualization"
It means a sole proprietorship, a partnership or a corporation registered with the proper government agencies
"Architectural Firm"
It 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
"Authorship"
It refers to the Professional Regulatory Board of Architecture
"Board"
It means the Professional Regulation Commission
“Commission”
It 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 this Act
"Service Agreement"
It 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
"Integrated and Accredited Professional Organization"
It refers to a sustaining and progressive learning process that maintains, enhances, or increases the knowledge and continuing ability of architects
"Continuing Professional Development"
____ shall mean the Department of Trade and Industry;
and ____ shall mean the Securities of Exchange
Commission.
"DTI" and "SEC"
Name all 3 SECTIONS under ARTICLE I.
SECTION 1: Short Title
SECTION 2: Statement of Policy
SECTION 3: Definition of Terms
There is hereby created a Professional Regulatory Board of Architecture, hereinafter referred to as the Board, a collegial body under the supervision and administrative control of the Professional Regulation Commission, hereinafter referred to as the Commission, to be composed of a chairman and two (2) members appointed by the President of the Philippines from a lists of three (3) recommendees chosen from a list of five (5) nominees for each position submitted to the Commission by the integrated and the accredited professional organization of architects.
SECTION 4: Creation and Composition of the Professional Regulatory Board
Each member shall have at the time of his/her appointment, possess the following qualifications
a) be a citizen and resident of the Philippines
b) be a holder of a degree in Bachelor of Science in Architecture
c) be an architect with a valid Certificate of Registration and Professional Identification Card and active practitioner of architecture for at least ten (10) years on the date of his/her appointment
d) not be a member of the faculty of any good school, college, university or review institution
e) Has never been convicted of any crime involving moral turpitude
SECTION 5. Qualifications of Members of the Professional Regulatory Board
The members of the Board shall hold office for a term of three (3) years after appointment or until their successors shall have been appointed and duly qualified. Any vacancy occurring within the term of a member shall be filled for the unexpired portion of the term only. Each member of the Board may be reappointed for one full term of three (3) years. Of the members of the Board first appointed under this Act, one (1) member shall be appointed and hold office as chairman for three (3) years, one (1) member for two (2) years, and one (1) member for one (1) year. Each member of the Board shall qualify by taking the proper oath prior to the performance shall qualify by taking the proper oath prior to the performance of their duties. Provided, That the incumbent members of the Board shall continue to serve for the remainder of their term as members of the herein created Professional Regulatory Board of Architecture until a new Board shall have been properly organize.
SECTION 6. Term of Office
The Board shall exercise the following specific powers, functions and responsibilities
a) Prescribe and adopt the rules and regulations necessary for carrying out the provisions of this Act
b) Supervise the registration, licensure and practice of architects
c) Administer oaths in connection with the administration of this Act
d) Issue, suspend, revoke, or reinstate the Certificate of Registration and the professional Identification Card for the practice of the architecture profession
e) Adopt an official seal of the Board
f) Monitor the conditions affecting the practice of architecture and adopt such measures as may be deemed proper for the enhancement and maintenance of high professional, ethical and technical standards of the profession
g) Prescribe and/or adopt the Code of Ethical Conduct and Standards of Professional Practice
SECTION 7. Powers and Functions of the Board
h) Hear and decide administrative cases involving violations of this Act, its implementing rules and regulations, the Code of Ethical Conduct and Standards of Professional Practice, and for this purpose, to issue subpoena ad testifcandum and subpoena duces tecum to secure the appearance of witnesses and the production of documents in connection therewith: Provided, That the decision of the Board shall, unless appealed to the Commission, become final and executory after fifteen (15) days from receipt of notice of judgment or decision. The decision of the Commission may be appealed to the Court of Appeals in accordance with the procedure under the Rules of Court
i) Prescribe guidelines for the Continuing Professional Development (CPD) program in consultation with the integrated and accredited professional organization of architects: Provided, That the attendance to said CPD shall not be a mandatory requirement for the renewal of a professional license
j) Prepare, adopt, issue or amend the syllabi of the subjects for examinations by determining and preparing questions which shall be within the scope of the syllabi of the subject for examination as well as administer, correct and release the results of the licensure examinations
SECTION 7. Powers and Functions of the Board
k) Approve, issue, limit or cancel temporary or special permit to practice architecture
l) In coordination with the CHED, ensure that all higher educational instruction and offerings of architecture comply with the policies, standards and requirements of the course prescribed by the CHED in the areas of curriculum, faculty, library and facilities
m) To adopt a program for the full computerization of the licensure examination
n) Discharge such other duties and functions as may be deemed necessary for the enhancement of the architecture profession and the upgrading, development and growth of the architecture education
SECTION 7. Powers and Functions of the Board
The Board shall be under the administrative supervision of the Commission. All records of the Board, including applications for examination, and administrative and other investigative cases conducted by the Board shall be under the custody of the Commission. The Commission shall designate the Secretary of the Board and shall provide the secretariat and other support services to implement the provisions of this Act
SECTION 8. Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support Services
The President of the Philippines, upon the recommendation of the Commission, after giving the concerned member an opportunity to defend himself in a proper administrative investigation to be conducted by the Commission, may suspend or remove any member on the following grounds
a) Neglect of duty or incompetence
b) Violation of tolerance of the violation of this Act, or its implementing rules and regulations or the Code of Ethical Conduct and Standards of Professional Practice
c) Final judgment of crimes involving moral turpitude
d) Manipulation or rigging of the architecture licensure examination results, disclosure of secret and confidential information in the examination questions prior to the conduct of the said examination or tampering of grades
SECTION 9. Grounds for Suspension or Removal of Members of the Board
The chairman and members of the Board shall receive compensation and allowances comparable to that being received by the chairman and members of existing regulatory Boards under the Commission as provided for in the General Appropriations Act
SECTION 10. Compensation and Allowances of the Board
The Board shall submit an annual report to the Commission after the close of each year giving a detailed account of its proceedings during the year and making such recommendations as it may deem proper
SECTION 11. Annual Report
Name all 8 SECTIONS under ARTICLE II (PROFESSIONAL REGULATORY BOARD OF ARCHITECURE)
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
All applicants for registration for the practice of architecture shall be required to undergo a licensure examination to be given by the Board in such places and dates as the Commission may designate in accordance with the provisions of Republic Act No. 8981
SECTION 12. Examination Required
▪ Any person applying for examination shall establish to the satisfaction of the Board that
a) He/she is a Filipino citizen, or a citizen of a foreign country qualified to take the examination as provided for in this Act
b) He/she is of good moral character
c) He/she is a holder of a degree of Bachelor of Science in Architecture conferred by a school, college, academy or institute duly recognized and/or accredited by the Commission on Higher Education (CHED) and in addition has a specific record of at least two (2) years or equivalent of diversified architectural experience duly certified by a registered/licensed architect: Provided, however, That an applicant holding a Master's Degree in Architecture from a school, college, university or institute recognized by the government shall be credited one (1) year in his/her practical experience
d) He/she has not been convicted of any criminal offensive involving moral turpitude
SECTION 13. Qualifications of Applicant for Examination
The licensure examination for architects shall cover, but are not limited to, the following subjects
1) History and Theory of Architecture; Principles of Planning and Architectural Practice
2) Structural Design, Building Materials, and Architectural Specifications, and Methods of Construction and Utilities
3) Urban Design and Architectural Interiors
4) Architectural Design and Site Planning
SECTION 14. Subjects for Examination
To be qualified as having passed the licensure examination for architects, 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. Rating in the Licensure Examination
The Board shall submit to the Commission the ratings obtained by each candidate within thirty (30) calendar days after the examination, unless extended for just cause. Upon the release of the results of the examination, the Board shall send by mail the rating received by each examinee at his/her given address using the mailing envelope submitted during the examination
SECTION 16. Report of Ratings
All successful candidates in the examination shall be required to take an oath of profession before any member of the Board, any government official authorized by the Commission or any person authorized by law to administer oaths, prior to entering upon the practice of the profession
SECTION 17. Oath
A Certificate of Registration and Professional Identification Card shall be issued to examinees who pass the licensure examination subject to payment of fees prescribed by the Commission. The Certificate of Registration shall bear the signature of the chairperson of the Commission and the chairman and members of the Board, stamped with the official seal, indicating that the person named therein is entitled to the practice of the profession with all the privileges appurtenant thereto. The said certificate shall remain in full force and affect until withdrawn, suspended or revoked in accordance with this Act
SECTION 18. Issuance of Certificates of Registration and Professional Identification Card
A roster showing the names and place of business of all registered professional architects shall be prepared and updated by the Board and copies thereof shall be made available to any party as may be deemed necessary
SECTION 19. Roster of Architects
A duly licensed architect shall affix the seal prescribed by the Board bearing the registrant's name, registration number and title "Architect" on all architectural plans, drawings, specifications and all other contract documents prepared by or under his/her direct supervision
SECTION 20. Seal, Issuance and Use of Seal
The architect shall be required to indicate his/her Certificate of Registration and Professional Identification Card, its date of issuance and the duration of validity, including the professional tax receipt number, on the documents he/she signs, uses or issues in connection with the practice of his/her profession
SECTION 21. Indication of Certificate of Registration/Professional Identification Card and Professional Tax Receipt
The Board shall not register and issue a Certificate of Registration and Professional Identification Card to any person who has falsely sworn or misrepresented himself/herself in his/her application for examination or to any person convicted by a court of competent jurisdiction of a criminal offense involving moral turpitude or guilty of immoral and dishonorable conduct or to any person of unsound mind. In the even of refusal to issue certificate for any reason, the Board shall give the applicant a written statement setting forth the reasons for such action, which statement shall be incorporated in the record of the Board: Provided, however, That registration shall not be refused and a name shall not be removed from the roster of architects on conviction for a political offense or for an offense which should not, in the opinion of the Board, either from the nature of the offense or from the circumstances of the case, disqualify a person from practicing under this Act
SECTION 22. Refusal to Issue Certificate of Registration and Professional Identification Card
The Board shall have the power, upon notice and hearing, to suspend or revoke the validity of a Certificate of Registration/Professional Identification Card, or shall cancel a special permit granted under this Act to an architect, on any ground mentioned under Section 22 hereof for the use of or perpetuation of any fraud or deceit in obtaining a Certificate of Registration and Professional Identification Card or special/temporary or dishonorable conduct; or for any cause specified hereunder: Provided, however, That such action of the Board shall be subject to appeal to the Commission whose decision shall be final if he/she:
a) has signed and affixed or permitted to be signed or affixed his name or seal on architectural plans and designs, specification, drawings, technical reports, valuation, estimates, or other similar documents or work not prepared by him/her or not executed under his/her immediate supervision
b) has paid money except the regular fees provided for to secure a Certificate of Registration
SECTION 23. Suspension and Revocation of Certificates of Registration, Professional Identification Card or the Special/Temporary Permit
c) has falsely impersonated a practitioner, or former practitioner of alike or different name or has practiced under an assumed, fictitious or corporate name other than that of the registered
d) has aided or abetted in the practice of architecture any person not duly authorized to practice architecture in the Philippines
e) has openly solicited projects by actually undertaking architectural services without a valid service agreement guaranteeing compensation of services to be rendered and/or has actually allowed himself/herself to be exploited by undertaking architectural services without a valid service agreement, both acts being prejudicial to other architects registered and licensed under this Act and inimical to the interests of the profession
f) has violated any provision of this Act, its implementing rules and regulations, the Code of Ethical Conduct and Standards of Professional Practice
SECTION 23. Suspension and Revocation of Certificates of Registration, Professional Identification Card or the Special/Temporary Permit
Name all 12 SECTIONS under ARTICLE III (EXAMINATION, REGISTRATION AND LICENSURE)
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
