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REPUBLIC ACT NO. 9266
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
The Architecture Act of 2004
REPUBLIC ACT NO. 9266
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.
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;
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 the fair and sustainable development,
welfare and cultural expression of society’s habitat in terms of space, forms and historical
context;
Architect-of-record
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 has
signed and sealed;
Architect-in-charge of construction
means an architect registered and licensed under this
Act, who is directly and professionally responsible and liable for the construction supervision
of the project;
Consulting ArchitecT
means the architect registered and licensed or permitted to practice
under this Act, who is professionally and academically qualified and with exceptional or
recognized expertise or specialization in any branch of architecture;
General Practice of Architecture
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; 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;
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.
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;
Architectural Firm
means a sole proprietorship, a partnership or corporation registered with the
proper government agencies;
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;
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 this Act;
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
Continuing Professional Development
refers to a sustaining and progressive learning process
that maintains, enhances, or increases the knowledge and continuing ability of architects;
Department of Trade and Industry
DTI
Securities and Exchange Commission
SEC
Creation and Composition of the Professional Regulatory Board
Creation and Composition of the Professional Regulatory Board. - 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 list 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. The Board shall be organized not later than six
(6) months from the effectivity of this Act.
2, 3, 5, 6
Creation and Composition of the Professional Regulatory Board. - 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 — members appointed by the President of the
Philippines from a list of —-recommendees chosen from a list of ——
for each position submitted to the Commission by the integrated and the accredited
professional organization of architects. The Board shall be organized not later than —- from the effectivity of this Act.
Association
any formal grouping of two or more architects or architectural firms working in joint venture on a project basis.
Architectural Company
means a juridical entity that shall be synonymous with an Architectural Partnership (see definition of Architectural Partnership) registered with the SEC.
Architecture Corporation
means a group of professionals in architecture and allied professions, incorporated with Architects for the purpose of delivering professional service in architecture and allied professions; in case an existing Architectural Corporation does not comply with the 75% composition requirement, it shall comply and register again with the SEC and the BOA.
Architectural Documents
means an architectural drawings, specifications, and other outputs of an Architect that only an Architect can sign and seal consisting, among others, of vicinity maps, site development plans, architectural program, perspective drawings, architectural floor plans, elevations, sections, ceiling plans, schedules, detailed drawings, technical specifications and cost estimates, and other instruments of service in any form.
Architectural Interiors
means a detailed planning and design of the indoor/enclosed areas of any proposed building/structure, including retrofit or renovation work and which shall cover all architectural and utility aspects, including the architectural lay-outing of all building engineering systems found therein.
Architectural Partnership
means a group of two or more Architects duly registered with the SEC and then with the Board of Architecture.
Architectural Plans
means a two (2)-dimensional representations reflecting a proposed development/redevelopment of an enclosed/ semi-enclosed or open area showing features or elements such as columns, walls, partitions, ceiling, stairs, doors, windows, floors, roof, room designations, door and window call-outs, the architectural layout of equipment, furnishings, furniture and the like, specifications callouts, elevation references, drawing references and the like; the architectural plan is the representation of a lateral section for a proposed building/ structure (running parallel to the ground) and at a height of from 1.0 – 1.5 meters above the finished floor; the term may also collectively refer to other architectural designs such as cross/ longitudinal sections, elevations, roof plan, reflected ceiling plan; detailed sections and elevations showing architectural interiors, detailed architectural designs, door and window schedules, other architectural finishing schedules and the like.
Building
means a structure for the purpose and function of habitation and other uses.
Certificate of Registration
means a certificate bearing a registration number, issued to an individual, by the Professional Regulation Commission through the Board of Architecture, signifying that the individual has successfully passed the Licensure Examination and is registered to practice his/her profession as Architect.
Code of Ethical Conduct
means a document which forms part of the Architects’ National Code which contains the norms and principles governing the practice of the profession of architecture in the highest standards of ethical conduct.
Consulting Architect
a registered and licensed Architect, who is academically and professionally qualified, and with exceptional or recognized expertise or specialization in any branch of architecture; the Consulting Architect assumes no 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 assumes the normal civil liability under the service agreement he/she signs with a Client.
Contract Documents
are the documents attached to the agreement identified therein as Contract Documents, including all additions, deletions and modifications incorporated therein.
Copyright (or Copyright Ownership)
shall refer to the intellectual proprietary rights retained by an Architect over any architectural documents/ work that he/she prepares unless there is a written stipulation to the contrary, copyright in a work of architecture shall include the right to control the erection of any building which reproduces the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original; however, the copyright in any such work shall not include the right to control the reconstruction or rehabilitation in the same style as the original of a building to which the copyright relates.
CPD Providers
means an entities, agencies, organizations and the like that have been accredited/registered with the Board of Architecture of the Professional Regulation Commission to deliver seminars, lectures, and other continuing professional education modules for architects, other than the Integrated Accredited Professional Organization of Architects which is automatically accredited by the Board of Architecture as a ——-
Diversified Architectural Experience
a postbaccalaureate, pre-licensure experience of two (2) years required of a graduate of architecture prior to taking the licensure examination; consisting of a variation of experiences in the different phases of architectural service.
Foreign Architect
means an architect who is not a Filipino citizen nor an Architect registered and licensed in the Philippines, but who is duly registered and licensed in his/her home country as an Architect.
Filipino Counterpart
the local Philippine architect, partnership or corporation that must work in association with a foreign architect, partnership or corporation, on a project on Philippine soil.
Ownership
shall refer to proprietary rights to an architectural work such as plans, designs and other documents by a person/ juridical entity who commissions the Architect and whose ownership of an architectural work by such a person/ juridical entity shall only be confined to the use of the architectural documents for executing /implementing the work described therein for one (1) or the original project; ownership shall not apply to the use of a part of or of the entire architectural work/architectural documents to repetitions or to subsequent projects.
Planning
refers to physical planning at site, community or urban level by an Architect.
Physical Planner
refers to an Architect who specializes in the detailed physical planning of land or property on which vertical structures such as buildings and/or structures and horizontal developments such as rights-ofway, open spaces and recreational/ sports/ entertainment/ tourism and related facilities are to be proposed.
Physical Planning
the detailed physical planning of land or property on which vertical structures such as buildings, monuments and/or structures and horizontal developments such as rights-of-way, open spaces and recreational/ sports/ establishments/ tourism and related facilities are to be proposed.
Professional
refers to a person whose name and registration/professional license number is entered in the Professional Regulation Commission registry book and computerized database as one legally authorized to practice his profession.
Professional Identification Card
a document bearing the registration number, date of issuance with an expiry date, due for periodic renewal, duly signed by the Chairperson of the PRC to a registered Architect upon payment of the annual registration fees for three (3) years.
Site Planning
the detailed site development planning of all areas surrounding a building/structure and/or a group of buildings/structures but only within the property limits of the land on which such buildings/structures are to be erected.
Standards of Professional Practice
means a document embodied in the Architects National Code, which defines all aspects of professional service, prescribes minimum basic fees and establishes the rights and obligations of both the Architect and the client.
Sole Proprietorship
means an individual Architect practicing and delivering architectural services, duly registered with the DTI, BOA and the PRC.
Specializationan
an expertise and special knowledge in the field of architecture acquired by an Architect through formal education and training or through continuing professional development and experience, for which the Architect may be engaged as Consulting Architect.
Syllabi
the outlines embodying topics and concepts of major subjects prescribed in specific course of study to serve as basis for test questions in the licensure examinations.
Technology Transfer
refers to contracts or arrangements involving the transfer of systematic knowledge for the manufacture of a product, the application of a process, or rendering of a service including management contracts; and the transfer, assignment or licensing of all forms of intellectual property rights
Urban Design
physical and systemic design undertaken by an Architect on a community and urban plane, more comprehensive than, and an extension of the architecture of buildings, spaces between buildings, entourage, utilities and movement systems.
Construction Industry Arbitration Commission
CIAC
Department of Labor and Employment
DOLE
Integrated Accredited Professional Organization of Architects
IAPOA
Philippine Contractors Accreditation Board
PCAB
Philippine Domestic Construction Board
PDCB
PRC Modernization Act of 2000
R.A. No. 8981