Republic act no. 9266 (march 17, 2004) An act providing for a more responsive and comprehensive regulation for the registration, licensing and pract

Republic act no. 9266

 (march 17, 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

Be it enacted by the senate and house of representatives of the philippines in congress assembled:

Article i
general provisions

Section 1. Short title. — this act shall be known as "The architecture act of 2004."

Sec. 3. Definition of terms.

Article ii
professional regulatory board of architecture

Sec. 4. Creation and composition of the professional regulatory board.

 —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.

Sec. 5. Qualifications of members of the professional regulatory board.

 — each member shall, at the time of his/her appointment, posses the following qualifications:

Be a citizen and a resident of the philippines; 

Be a holder of a degree in bachelor of science in architecture conferred by a school, college or university in the philippines or abroad that is recognized and/or accredited by the commission on higher education (ched);

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;

Not be a member of the faculty of any school, college, university or review institution where a regular course or review course in architecture is taught, nor have pecuniary interest in such institution. No former member of the faculty of any school, institute, university or review center where architecture is taught can become a member of the board unless he/she had officially resigned from such an institution and has completely stopped teaching, advising or reviewing activities for at least five (5) years prior to the nomination

; and

Has never been convicted of any crime involving moral turpitude.

Sec. 6. Term of office. 

— 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 duty qualified.

 Each member of the board may be reappointed for one full term of three (3) years.

 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.

Sec. 7. Powers and functions of the board. 

— the board shall exercise the following specific powers, functions and responsibilities:

Supervise the registration, licensure and practice of architects;

Issue, suspend, revoke, or reinstate the certificate of registration and the professional card for the practice of the architecture profession;

Adopt an official seal of the board;

 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.

Sec. 8. Administrative supervision of the board, custodian of its records, secretariat and support services. 

Sec. 9. Grounds for suspension or removal of members of the board.

 — 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:

Neglect of duty or incompetence;

Violation or tolerance of the violation of this act, or its implementing rules and regulations or the code of ethical conduct and standards of professional practice;

Final judgment of crimes involving moral turpitude;

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.

Sec. 10. Compensation and allowances of the board. 

— the chairman and members of the board shall receive compensation and allowances.

Sec. 11. Annual report. 

— the board shall submit an annual report.

Article iii
examination, registration and licensure

Sec. 12. Examination required. 

Sec. 13. Qualifications of applicant for examination. 

Sec. 14. Subject for examination. 

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.

Sec. 15. Rating in the licensure examination.

 a weighted general average of seventy percent (70%), with no grade lower than fifty percent (50%) in any given subject.

Sec. 16. Report of ratings. 

— 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.

Sec. 17. Oath. 

Sec. 18. Issuance of certificates of registration and professional identification card. 

— a certificate of registration and professional identification .

Sec. 19. Roster of architects.

Sec. 20. Seal, issuance and use of seal. 

It shall be unlawful for any architect to sign his/her name, affix his/her seal or use any other method of signature on architectural plans, specifications or other documents made under another architect's supervision, unless the same is made in such manner as to clearly indicate the part or parts of such work actually performed by the former, and it shall be unlawful for any person, except the architect of record, to sign for any branch of work for any function of architectural practice, not actually performed by him/her.

 The architect of record shall be fully responsible for all architectural plans, specifications and other documents issued under his/her seal or authorized signature.

Drawings and specifications duly signed, stamped or sealed as instruments of service, are the intellectual properties and documents of the architect, whether the object for which they are made is executed or not. It shall be unlawful for any person without the consent of the architect or author of said documents to duplicate or to make copies of said documents for use in the repetition of and for other projects or buildings, whether executed partly or in whole.

All architectural plans, designs, specifications, drawings, and architectural documents relative to the construction of a building shall bear the seal and signature only of an architect registered and licensed under this act together with his/her professional identification card number and the date of its expiration.

Sec. 21. Indication of certificate of registration/professional identification card and tax receipt.

Sec. 22. Refusal to issue certificate of registration and professional identification card.

Sec. 23. Suspension and revocation of certificates of registration, professional identification card or the special/temporary permit.

 — 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 permit; for gross negligence or incompetence; for unprofessional 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:

Has signed and affixed or permitted to be signed or affixed his name or seal on architectural plans and designs, specifications, drawings, technical reports, valuation, estimates, or other similar documents or work not prepared by him/her or not executed under his/her immediate supervision; or

Has paid money except to regular fees provided for to secure a certificate of registration; or

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; or

Has aided or abetted in the practice of architecture any person not duly authorized to practice architecture in the philippines; or

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 interest of the profession; or

Has violated any provision of this act, its implementing rules and regulations, the code of ethical conduct and standards of professional practice.

The board shall periodically examine the grounds for the revocation of the certificate of registration and professional identification card and update these as necessary under the implementing rules and regulations.

Any person, firm or association, may prepare charges in accordance with the provisions of this section against any registrant, or the board may motu proprio investigate and/or take cognizance of acts and practices constituting the sufficient cost for suspension or revocation of the certificate of registration by proper resolution or order. Such chargers shall be in writing and shall be sworn to by the person making them and shall be filed with the secretary of the board.

Sec. 24. Re issuance or replacement of revoked or lost certificates of registration, professional identification card or special and temporary permit. 

— the board may, after the expiration of two (2) years from the date of revocation of a certificate of registration, professional identification card or special temporary permit, and upon application and for reasons deemed proper and sufficient, reinstate the validity of a revoked certificate of registration and in so doing may, in its discretion, exempt the applicant from taking another examination. This provision aims to provide a pathway for professionals to regain their credentials while ensuring the integrity of the licensing process.