RA 9266

THE ARCHITECTURE ACT OF 2004

RULE 4: Practice of Architecture
(Sundry Provisions)
Section 25: Registration of Architects Required
Section 26: Vested Rights. Architects Registered When
This Law is Passed
Section 27: Reciprocity Requirements
Section 28: Continuing Professional Development
Section 29: Prohibition in the Practice of Architecture &
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 the 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
 Section 25: Registration of Architects Requires

• Only persons with a Certificate of Registration and be issued a

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Professional Identification Card may:

• Practice architecture in this country

• Engage in preparing architectural plans, specifications or
preliminary data for the erection or alteration of any building
located within the boundaries of this country
• Use the title “Architect”, or display the word “Architect”
together with another word
• Display or use any title, sign, card, advertisement, or other
device to indicate such person practices or offers to practice
architecture, or is an architect
 Section 25: Registration of Architects Requires
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• Any person not authorized to practice architecture in the Philippines

who shall perform any of the activities mentioned in Sections 3 and 4
shall be deemed engaged in the unauthorized practice of
architecture and shall, therefore, be criminally liable under RA 9266
and its IRR
 Section 26: Vested Rights
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• All architects registered at the time this law takes effect shall
automatically be registered under the RA 9266, subject, however, to
the provisions regarding future requirements.

• Certificates of Registration and Professional Identification Cards held

by such persons in good standing shall have the same force and
effect as though issued after the passage of RA 9266.
 Section 27: Reciprocity Requirements

• A person who is not a citizen of the Philippines shall not be allowed to

RULE 4: The practice of Architecture

take the licensure examination unless he/she can prove that his/her
country either admits citizens of the Philippines to the practice of the
same profession without restriction or allows them to practice it after
passing an examination on terms of strict and absolute equality with
citizens

• That person’s country must also unconditionally recognize the

degrees/diplomas issued by the schools duly recognized by the
Government of the Philippines.
 Section 27: Reciprocity Requirements
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• A foreign citizen, whether he studied in the Philippines or not, who

desires to take the licensure examination for Architects through
reciprocity shall initiate the establishment of reciprocity between his
country/state and the Philippines.

• The foreign applicant must submit a letter or a document signed and

under official seal by the appropriate official of his country requesting
the Chairman of the Board Architecture to allow the foreign
applicant to take the licensure examination
 Section 27: Reciprocity Requirements

• If the letter/document and the copy of the law submitted by the

applicant is satisfactory to the Board, the foreign applicant shall be
RULE 4: The practice of Architecture

allowed to take the licensure examination for Architects by requiring

him to file an application to take the licensure examination and by
submitting the following documents:

• Any official document issued by the Bureau of Immigration

and Deportation allowing the applicant to enter and reside
the Philippines;
• Passport
• Original or authenticated copy of transcript of records issued
by the institution of higher learning where he studied, duly
authorized by his country
• Other documents which may be required to be submitted by
the Board.
 Section 28: Continuing Professional Development
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• To promote public interest and to safeguard life, health and property,

all practicing architects shall maintain a program of continuing
professional development.

• The IAPOA shall have the responsibility of developing a continuing

professional development program for architects. Other entities or
organizations may become CPD providers upon accreditation by the
Board.
 Section 29: Prohibition in the Practice of Architecture Penal Clause

MISDEMEANOR
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• The following shall be guilty of misdemeanor:

• Any person who shall practice or offer to practice architecture

in the Philippines without being registered/licensed and who
are not holders of temporary or special permits in accordance
with the provisions of RA 9266

• Any person presenting or attempting to use the Certificate of

Registration/Professional Identification Card or seal of another
or temporary or special permit,
 Section 29: Prohibition in the Practice of Architecture Penal Clause

MISDEMEANOR
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• The following shall be guilty of misdemeanor:

• Any person who shall give any false or forged evidence of any
kind to the Board or to any member thereof in obtaining a
Certificate of Registration/Professional Identification Card or
temporary or special permit

• Any person who shall falsely impersonate any registrant of like

or different name,
 Section 29: Prohibition in the Practice of Architecture Penal Clause

MISDEMEANOR
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• The following shall be guilty of misdemeanor:

• Any person who shall attempt to use a revoked or suspended

Certificate of Registration/Professional Identification Card or
cancelled special/temporary permit,

• Any person who shall use in connection with his/her name or

otherwise assume, use or advertise any title or description
tending to convey the impression that he/she is an architect
when he/she is not an architect
 Section 29: Prohibition in the Practice of Architecture Penal Clause

MISDEMEANOR
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• The following shall be guilty of misdemeanor:

• Any person whether Filipino or foreigner, who knowingly allows

the use, adoption, implementation of plans, designs or
specifications made by any person, firm, partnership or
company not duly licensed to engage in the practice of
architecture,

• Any person who shall violate any of the provisions of RA 9266, its
implementing rules and regulations, the Code of Ethical
Conduct and Standards of Professional Practice, or any policy
of the Board and the Commission
 Section 29: Prohibition in the Practice of Architecture Penal Clause

GOVERNMENT EMPLOYEES
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• Government employees and employees of private firms or

persons/entities who are not registered and licensed architects shall
not perform architectural works in the performance of their official
function without the direct supervision of a licensed architect.

• Such activity shall constitute unauthorized practice of architecture

which shall be penalized in accordance with Section 29 of RA 9266.
 Section 29: Prohibition in the Practice of Architecture Penal Clause

PUBLIC OFFICIALS
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• Any public official who shall order or cause a nonarchitect to perform

activities which constitute practice of architecture shall be
administratively liable and shall be guilty of misdemeanor and shall
upon conviction be sentenced in accordance with Section 30 of RA
9266.
 Section 30: Prohibition in the Practice of Architecture
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• Any person or entity, whether public or private Filipino or foreigner,

who/which shall entice, compel, coerce, require or otherwise force an
architect registered and licensed under RA 9266 to undertake/perform
any service under the general practice of architecture as defined
under RA 9266, without first executing a written contract/service
agreement shall be guilty of misdemeanor and shall, upon conviction
be sentenced to a fine of not less than Two hundred thousand pesos
(P200,000.00) or to suffer imprisonment for a period not exceeding six
(6) years, or both, at the discretion of the Court.
 Section 31: Representatives of Non-registered Persons

• It shall be unlawful for any person or firm or corporation to seek to

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avoid the provisions of RA 9266 by having a representative or

employee seek architectural work in their behalf, unless and until, such
persons are duly qualified and duly registered/licensed.

• Otherwise, both those represented and the representative, the

employer and the employee shall be deemed guilty of violation of RA
9266.

• Solicitation of architectural work shall be construed as offering to

practice architecture and it shall be unlawful for any non-registered
and unlicensed persons to do so.
 Section 32: Signing and Sealing of Architectural Plans

• It shall be unlawful for any architect to sign his/her name, affix his/her
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seal on architectural plans made under another architect’s

supervision, unless made in such manner as to clearly indicate which
parts of such work was actually performed by the former

• The authorized signature, official seal, PTR, PRC registration number

and the IAPOA membership number and Official Receipt (O.R.)
number of the Architect-of-Record stamped on architectural plans
signify his/her assumption of the mandated 15-year civil liability under
Article 1723 of the Civil Code.
 Section 33: Ownership of Contract Documents

• Drawings and specifications and other contract documents duly

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signed, stamped or sealed, as instruments of service, are the

intellectual property and documents of the architect, whether the
object for which they are made is executed or not. It shall be unlawful
for any person 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, without the written consent of architect or
author of said documents

• All architects shall incorporate this provision in all contract documents

and other instruments of service
 Section 33: Ownership of Contract Documents
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 Section 34: Non-registered Person shall not claim Equivalent Service
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• Persons not registered as an architect shall not claim nor represent

either services or work as equivalent to those of a duly qualified
registered architect, or that they are qualified for any branch or
function of architectural practice, even though no form of the title
“Architect” is used
 Section 35: Positions in Government Requiring the Services of Registered and
Licensed Architects
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• Al existing and proposed positions in the local and national

government, whether career, permanent, temporary or contractual
and primarily requiring the services of an architect shall be filled only
by registered and licensed architects.

• All existing plantilla positions in the national and local government

whose job description includes the practice of architecture as defined
under R.A. 9266, shall be automatically reclassified as Architect
positions and shall be accorded the salary pertaining to the latter in
accordance with salary standardization law.
 Section 35: Positions in Government Requiring the Services of Registered and
Licensed Architects
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• The government architect-of-record shall collect from the concerned

national or local agency including Government Owned and
Controlled Corporations (GOCC’s) an incentive pay to cover civil
liabilities in the equivalent amount of 1.5 % of the project cost of every
project provided it shall not exceed 50% of his annual salary which shall
be paid upon full completion of the project. The amount intended for
the architect who prepared and signed the drawings and
specifications shall be included in the Program of Work.
 Section 36: Collection of Professional Fees
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• It shall be unlawful for any unregistered person to collect a fee for

architectural services except as an employee collecting a fee as
representative of a Registered Architect.
 Section 37: Limitation to the Registration of Firms

• The practice of architecture is a professional service, admission to

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which shall be determined upon the basis of individual personal

qualifications.

• However, a firm, company, partnership, corporation or association

may be registered or licensed as such for the practice of architecture
under the following conditions:

• Only Filipino citizens properly registered and licensed as

architects under RA 9266 may, among themselves, or together
with allied technical professionals, form and obtain registration
as a firm, company, partnership, association or corporation for
the practice of architecture
 Section 37: Limitation to the Registration of Firms

• However, a firm, company, partnership, corporation or association may be

registered or licensed as such for the practice of architecture under the
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following conditions:

• Registered and licensed architects shall compose at least seventy-

five percent (75%) of the owners, shareholders, members,
incorporators, directors, executive officers, as the case may be

• Individual members of such firm, partnership, association or

corporation shall be responsible for their individual and collective
acts as an entity and as provided by law;

• Such firm, partnership, association or corporation shall be

registered with the SEC and the PRBOA.
 Section 38: Coverage of Temporary/ Special Permit

• Foreign nationals who have gained entry in the Philippines to perform

professional services as architects or consultants shall secure a
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special/temporary permit from the Board subject to approval of the

Commission, to practice his/her profession in connection with the project
to which he/she was commissioned

• A foreign national or foreign firm whose name appears on architectural

plans for securing building permits, licenses and government authority
clearances for actual building project construction in the Philippines shall
be deemed practicing architecture in the Philippines, whether the
contract for professional services is consummated in the Philippines or in a
foreign country.
 Section 38: Coverage of Temporary/ Special Permit

CONDITIONS FOR TEMPORARY/ SPECIAL PERMITS

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• He/she must be a citizen or subject of a country which specifically permits

Filipino professionals to practice his/her profession within their territorial
limits, on the same basis as the subjects or citizens of such foreign state or
country;

• He/she must be legally qualified to practice architecture in his/her own

country, and that his/her expertise is necessary and advantageous to our
country particularly in the aspects of technology transfer and
specialization;
 Section 38: Coverage of Temporary/ Special Permit

CONDITIONS FOR TEMPORARY/ SPECIAL PERMITS

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• Foreign nationals shall be required to work with a Filipino counterpart and

shall also be responsible for public utilities and taxes due to the Philippine
government, relative to their participation in, or professional services
rendered to the project

• Agencies, organizations or individuals whether public or private, who

secure the services of a foreign professional authorized by law to practice
in the Philippines, shall be responsible for securing a special permit from
the PRC and the DOLE
 Section 39: Liability Insurance for Temporary or Special Permit
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• Foreign nationals must locally secure their professional liability insurance or

malpractice insurance or their acceptable equivalent in bond form
commensurate with the nature and magnitude of their project
involvement and their compensation
RULE 5: Final Provisions
Section 40: Integration of the Architecture Profession
Section 41: Implementing Rules and Regulation
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
 Section 40: Integration of the Architecture Professions
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• The Architecture profession shall be integrated into one national

organization which shall be accredited by the Board, subject to the
approval by the Commission, as the integrated and accredited
professional organization of architects

• Such an organization shall be registered with the SEC as a non-profit, non-

stock corporation to be governed by by-laws providing for a democratic
election of its officials.
 Section 40: Integration of the Architecture Professions

• An architect duly registered with the Board shall automatically become a

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member of the integrated and accredited professional organization of

architects and shall receive the benefits and privileges provided for in R.A.
9266 upon payment of the required fees and dues.

• Membership in the integrated and accredited professional organization of

architects shall not be a bar to membership in other associations of
architects.
 Section 40: Integration of the Architecture Professions

UNITED ARCHITECTS OF THE PHILIPPINES

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• Pursuant to Board Resolution No.

3, Series of 2004, the United
Architects of the Philippines, Inc.
is the existing integrated and
accredited professional
organization of registered
architects

• An architect duly registered with

the PRC shall automatically
become a member of the UAP
 Section 40: Integration of the Architecture Professions

UNITED ARCHITECTS OF THE PHILIPPINES

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• The UAP shall keep an updated official

registry of its members

• Members of the UAP practicing the

architectural profession shall be required
to provide their official IAPOA membership
number and receipt number together with
their PRC registration number and PTR
Number on official documents prepared
by them for purposes of obtaining
governmental regulatory permits and
licenses.
 Section 40: Integration of the Architecture Professions

FUNCTIONS, DUTIES, AND RESPONSIBILITIES OF THE UAP

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• Nominations to the vacancy of positions to the BOA;

• Responsibility of preparing a program of CPD;
• Endorsement of the practice of foreign nationals to be issued
temporary/special permit;
• Recommendation of compliance with liability insurance under a
temporary/special permit;
• Monitoring of compliance to RA 9266, and filing of complaints with
the PRBOA and/or PRC for violations of the RA 9266, this IRR, Code
of Ethics, Standards of Professional Practice and other policies of
the Board and of the Commission
 Section 41: Implementing Rules and Regulations
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• Within sixty (60) days after the effectivity of R.A. No. 9266, the Board,
subject to the approval of the Commission and in coordination with
integrated and accredited professional organization, shall adopt and
promulgate such rules and regulations, Code of Ethical Conduct and
Standards of Professional Practice, to carry out the provisions of R.A.
No. 9266 and which shall be effective fifteen (15) days following their
publication in the Official Gazette or in two (2) major daily newspapers
of general circulation.
 Section 42: Appropriations
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• The Chairperson of the Professional Regulation Commission shall

immediately include in the Commission’s programs the
implementation of R.A. No. 9266, the funding of which shall be
included in the annual General Appropriations Act.

• The amount necessary to carry out the initial implementation of R.A.

No. 9266 shall be charged against the current year’s appropriations of
the Professional Regulation Commission. Thereafter, such sums as may
be necessary for the continued implementation of R.A. No. 9266 shall
be included in the succeeding General Appropriations Act (GAA).
 Section 43: Act not Affecting Other Professionals
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RA 9266 shall not be construed to affect or

prevent the practice of any other legally
recognized profession
 Section 44: Enforcement of the Act

• It shall be the primary duty of the PRC and the PRBOA to effectively
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enforce the provisions of RA 9266 and this “IRR of the Architecture Act
of 2004”.

• All duly constituted law enforcement agencies and officers of national,

provincial, city or municipal government shall, upon the call or request
of the PRC or the PRBOA, render assistance in enforcing the provisions
of RA 9266, and to prosecute any person violating the provisions of the
same.

• Any person may bring before the PRC, PRBOA, or the aforementioned
officers of the law, cases of illegal practice or violations of RA 9266
committed by any person or party.
 Section 45: Separability Clause
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If, for any reason, any section or provision of this IRR

is declared unconstitutional or invalid, the
remainder of this IRR shall not be affected by such
declaration.
 Section 46: Repealing Clause
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Any provisions of the rules and policies issued

and promulgated pursuant to R.A. No. 545, P.D.
No. 223,R.A. No. 8981, and other laws which are
inconsistent with this IRR are hereby superseded,
repealed or amended accordingly.
 Section 47: Effectivity
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The herein “IRR of the Architecture Act of 2004” shall

be, upon approval by the Commission, be effective
after fifteen (15) days following its full and complete
publication in the Official Gazette or in two (2)
major newspapers of general circulation.