RULE IV

RULE IV

PRACTICE OF ARCHITECTURE (SUNDRY PROVISIONS)

SECTION 25. REGISTRATION OF ARCHITECTS REQUIRED

INDIVIDUALS ARE NOT ALLOWED TO PRACTICE ARCHITECTURE OR ENGAGE IN RELATED

ACTIVITIES, SUCH AS PREPARING ARCHITECTURAL PLANS OR USING THE TITLE "ARCHITECT,"
WITHOUT OBTAINING A CERTIFICATE OF REGISTRATION AND A PROFESSIONAL
IDENTIFICATION CARD FROM THE BOARD. THESE CERTIFICATES ARE ISSUED FOLLOWING THE
PROCEDURES OUTLINED IN R.A. NO. 9266 (ARCHITECTURE ACT OF 2004).

FOREIGN ARCHITECTS OR INDIVIDUALS NOT AUTHORIZED TO PRACTICE ARCHITECTURE IN THE

PHILIPPINES ARE ALSO PROHIBITED FROM STAYING IN THE COUNTRY AND PERFORMING
ACTIVITIES RELATED TO CONSTRUCTION, BUILDING ALTERATION, OR LAND DEVELOPMENT
PROJECTS WITHOUT PROPER AUTHORIZATION. ENGAGING IN SUCH ACTIVITIES WITHOUT
AUTHORIZATION IS CONSIDERED UNAUTHORIZED PRACTICE OF ARCHITECTURE AND CAN LEAD
TO CRIMINAL LIABILITY UNDER BOTH R.A. NO. 9266 AND THE IMPLEMENTING RULES AND
REGULATIONS (IRR) OF THE ARCHITECTURE ACT OF 2004.

SECTION 26. VESTED RIGHTS. ARCHITECTS REGISTERED WHEN THIS LAW IS PASSED

ARCHITECTS WHO WERE ALREADY REGISTERED AT THE TIME THIS LAW COMES INTO EFFECT
WILL BE AUTOMATICALLY CONSIDERED REGISTERED UNDER ITS PROVISIONS. HOWEVER, THEY
ARE STILL REQUIRED TO COMPLY WITH ANY FUTURE REQUIREMENTS OUTLINED IN THE LAW.
THE CERTIFICATES OF REGISTRATION AND PROFESSIONAL IDENTIFICATION CARDS HELD BY
THESE INDIVIDUALS, PROVIDED THEY ARE IN GOOD STANDING, WILL BE RECOGNIZED AND
CONSIDERED VALID AS IF THEY WERE ISSUED AFTER THE ENACTMENT OF R.A. NO. 9266.

SECTION 27. RECIPROCITY REQUIREMENTS

FOREIGNERS AIMING TO TAKE THE PHILIPPINE ARCHITECTS LICENSURE EXAM MUST ENSURE
THEIR HOME COUNTRY ALLOWS EQUAL PROFESSIONAL PRACTICE TERMS FOR FILIPINOS AND
RECOGNIZES DEGREES FROM PHILIPPINES-RECOGNIZED INSTITUTIONS. THOSE SEEKING
RECIPROCITY SHOULD SUBMIT A LETTER FROM THEIR COUNTRY'S OFFICIAL REQUESTING THE
BOARD OF ARCHITECTURE'S CHAIRMAN TO ALLOW THE EXAM, ALONG WITH A TRANSLATED
COPY OF THE LAW PERMITTING FILIPINOS TO TAKE THE EXAM THERE. AFTER APPROVAL, THEY
CAN APPLY FOR THE EXAM, SUBMITTING NECESSARY DOCUMENTS, INCLUDING IMMIGRATION
PAPERS, PASSPORT, AUTHENTICATED TRANSCRIPTS, AND OTHER BOARD-REQUESTED
DOCUMENTS.

SECTION 28. CONTINUING PROFESSIONAL DEVELOPMENT (CPD)

TO ENSURE PUBLIC SAFETY AND UPHOLD PROFESSIONAL STANDARDS, ALL PRACTICING

ARCHITECTS ARE REQUIRED TO PARTICIPATE IN A CONTINUING PROFESSIONAL
DEVELOPMENT (CPD) PROGRAM. THE UNITED ARCHITECTS OF THE PHILIPPINES, INC. IS
RESPONSIBLE FOR CREATING AN INTEGRATED CPD PROGRAM FOR ARCHITECTS. OTHER
ORGANIZATIONS CAN BECOME CPD PROVIDERS UPON ACCREDITATION BY THE BOARD OF
ARCHITECTURE.
THE CPD PROGRAM, OVERSEEN BY THE CONTINUING PROFESSIONAL EDUCATION (CPE)
COUNCIL FOR ARCHITECTS, IS FORMULATED BASED ON EXISTING PROFESSIONAL REGULATION
COMMISSION GUIDELINES. IT INCLUDES LEVELS OF COMPLIANCE AND PROFICIENCY
EVALUATION FOR ARCHITECTS. THE ACCREDITATION OF CPD/CPE PROVIDERS BY THE BOARD
OF ARCHITECTURE IS DETERMINED ACCORDING TO THESE GUIDELINES.

SECTION 29. PROHIBITION IN THE PRACTICE OF ARCHITECTURE AND PENAL CLAUSE

ENGAGING IN UNREGISTERED ARCHITECTURE PRACTICE OR USING FRAUDULENT

CERTIFICATION IS A CRIMINAL OFFENSE, WITH FINES FROM P100,000.00 TO P5,000,000.00, AND
IMPRISONMENT FROM SIX MONTHS TO SIX YEARS FOR OFFENDERS. GOVERNMENT AND
PRIVATE EMPLOYEES WITHOUT AN ARCHITECTURAL LICENSE CANNOT PERFORM
ARCHITECTURAL WORK UNSUPERVISED; VIOLATORS FACE PENALTIES UNDER SECTION 29 OF
R.A. NO. 9266. PUBLIC OFFICIALS DIRECTING NON-ARCHITECTS ARE BOTH ADMINISTRATIVELY
AND CRIMINALLY LIABLE UNDER SECTION 30 OF R.A. NO. 9266. VIOLATION OF SECTION 7, SUB-
PARAGRAPH (L) OF R.A. NO. 8981 BY GOVERNMENT AGENCY HEADS OR PRIVATE FIRM
OFFICERS MAY RESULT IN IMPRISONMENT FROM SIX MONTHS AND ONE DAY TO SIX YEARS, A
FINE FROM P50,000.00 TO P500,000.00, OR BOTH, AT THE COURT'S DISCRETION.

SECTION 30. PROHIBITION IN THE PRACTICE OF ARCHITECTURE

ANY PERSON OR ENTITY, WHETHER FILIPINO OR FOREIGN, PUBLIC OR PRIVATE, THAT COMPELS
A REGISTERED AND LICENSED ARCHITECT UNDER R.A. NO. 9266 TO PERFORM ARCHITECTURAL
SERVICES WITHOUT A WRITTEN CONTRACT OR SERVICE AGREEMENT IS COMMITTING A
MISDEMEANOR. UPON CONVICTION, THEY MAY FACE A FINE OF AT LEAST P200,000.00 OR
IMPRISONMENT FOR UP TO SIX (6) YEARS, OR BOTH, AS DETERMINED BY THE COURT.

SECTION 31. LIABILITY OF REPRESENTATIVES OF NON-REGISTERED PERSONS

ATTEMPTING TO BYPASS THE REGULATIONS OF R.A. NO. 9266 BY HAVING A REPRESENTATIVE

OR EMPLOYEE SEEK ARCHITECTURAL WORK ON BEHALF OF A PERSON, FIRM, OR CORPORATION
IS PROHIBITED. BOTH THE REPRESENTED PARTY AND THE REPRESENTATIVE, AS WELL AS THE
EMPLOYER AND THE EMPLOYEE, MUST BE DULY QUALIFIED AND REGISTERED/LICENSED.
VIOLATION OF THIS PROVISION CONSTITUTES AN OFFENSE UNDER R.A. NO. 9266.
SOLICITATION OF ARCHITECTURAL WORK IS CONSIDERED AN OFFER TO PRACTICE
ARCHITECTURE, AND IT IS ILLEGAL FOR NON-REGISTERED AND UNLICENSED INDIVIDUALS TO
ENGAGE IN SUCH ACTIVITIES.

SEC. 32. SIGNING AND SEALING OF ARCHITECTURAL PLANS, SPECIFICATIONS,

ARCHITECTURAL PERMIT AND OTHER CONTRACT DOCUMENTS

ARCHITECTS ARE PROHIBITED FROM SIGNING, SEALING, OR USING ANY SIGNATURE METHOD
ON ARCHITECTURAL DOCUMENTS PREPARED UNDER ANOTHER ARCHITECT'S SUPERVISION
UNLESS THEY CLEARLY INDICATE THE SPECIFIC PARTS THEY CONTRIBUTED. ONLY THE
ARCHITECT-OF-RECORD IS FULLY RESPONSIBLE FOR DOCUMENTS ISSUED UNDER THEIR SEAL.

THE BOARD WILL ESTABLISH RULES FOR SIGNING AND SEALING DRAWINGS, SPECIFICATIONS,
AND OTHER DOCUMENTS.

THE ARCHITECT-OF-RECORD'S AUTHORIZED SIGNATURE, OFFICIAL SEAL, PTR, PRC

REGISTRATION NUMBER, IAPOA MEMBERSHIP NUMBER, AND OFFICIAL RECEIPT (O.R.) ON
DOCUMENTS SIGNIFY THEIR ASSUMPTION OF A MANDATED FIFTEEN-YEAR CIVIL LIABILITY
UNDER ARTICLE 1723 OF THE CIVIL CODE. THIS LIABILITY IS LIMITED TO THE ARCHITECT-OF-
RECORD AND DOES NOT EXTEND TO OTHER SIGNING PROFESSIONALS, INCLUDING THE
ARCHITECT-IN-CHARGE OF CONSTRUCTION (AICC) AND THE CONSULTING ARCHITECT (CA),
UNLESS THEY ARE UNDER DIRECT EMPLOYMENT.

THIS RULE APPLIES TO BOTH GOVERNMENT-EMPLOYED ARCHITECTS AND THOSE WORKING IN

PRIVATE FIRMS.

ARCHITECTURAL FIRMS MUST PROMINENTLY DISPLAY THE BOARD OF ARCHITECTURE

REGISTRY NUMBER AND SEC OR DTI REGISTRY NUMBERS ON ALL ARCHITECTURAL
DOCUMENTS.

SECTION 33. OWNERSHIP OF PLANS, SPECIFICATIONS AND OTHER CONTRACT DOCUMENTS

ARCHITECTS OWN THE INTELLECTUAL PROPERTY RIGHTS TO SIGNED, STAMPED, OR SEALED

DRAWINGS AND SPECIFICATIONS. IT IS ILLEGAL FOR ANYONE TO DUPLICATE OR USE THESE
DOCUMENTS FOR OTHER PROJECTS WITHOUT THE ARCHITECT'S WRITTEN CONSENT.
ARCHITECTS ARE REQUIRED TO INCLUDE THIS PROVISION IN ALL CONTRACT DOCUMENTS AND
INSTRUMENTS OF SERVICE.

SECTION 34. NON-REGISTERED PERSON SHALL NOT CLAIM EQUIVALENT SERVICE

INDIVIDUALS NOT REGISTERED AS ARCHITECTS ARE PROHIBITED FROM CLAIMING OR

REPRESENTING THAT THEIR SERVICES OR WORK ARE EQUIVALENT TO THOSE OF A QUALIFIED
REGISTERED ARCHITECT. THEY CANNOT ASSERT QUALIFICATION FOR ANY BRANCH OR
FUNCTION OF ARCHITECTURAL PRACTICE, EVEN IF THEY DO NOT USE THE TITLE "ARCHITECT."

SECTION 35. POSITIONS IN GOVERNMENT REQUIRING THE SERVICES OF REGISTERED AND

LICENSED ARCHITECTS

WITHIN THREE YEARS OF THE ENACTMENT OF R.A. NO. 9266, ALL GOVERNMENT POSITIONS
AT THE LOCAL AND NATIONAL LEVELS, WHETHER PERMANENT OR TEMPORARY, PRIMARILY
REQUIRING ARCHITECTURAL SERVICES, MUST BE FILLED EXCLUSIVELY BY REGISTERED AND
LICENSED ARCHITECTS. TO ENSURE COMPLIANCE:

1. GOVERNMENT AGENCIES, INCLUDING GOVERNMENT OWNED AND CONTROLLED

CORPORATIONS (GOCCS), ARE PROHIBITED FROM COLLAPSING ARCHITECT POSITIONS TO
CREATE NON-ARCHITECT POSITIONS.

2. EXISTING GOVERNMENT POSITIONS WITH JOB DESCRIPTIONS INVOLVING ARCHITECTURAL

PRACTICE UNDER R.A. 9266 WILL AUTOMATICALLY BE RECLASSIFIED AS ARCHITECT
POSITIONS WITH CORRESPONDING SALARY ADJUSTMENTS.

3. THE GOVERNMENT ARCHITECT-OF-RECORD IS ENTITLED TO AN INCENTIVE PAY, EQUIVALENT

TO 1.5% OF THE PROJECT COST, NOT EXCEEDING 50% OF THEIR ANNUAL SALARY. THIS
INCENTIVE IS FOR CIVIL LIABILITIES AND IS PAYABLE UPON THE PROJECT'S FULL COMPLETION.
THE ARCHITECT'S FEE SHOULD BE INCLUDED IN THE PROGRAM OF WORK.

SECTION 36. COLLECTION OF PROFESSIONAL FEES

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 A FIRM, COMPANY, PARTNERSHIP,

CORPORATION OR ASSOCIATION

THE PRACTICE OF ARCHITECTURE IS A PROFESSIONAL SERVICE BASED ON INDIVIDUAL

QUALIFICATIONS. HOWEVER, FIRMS CAN BE REGISTERED UNDER THE FOLLOWING
CONDITIONS:

A) ONLY FILIPINO CITIZENS WHO ARE REGISTERED AND LICENSED ARCHITECTS CAN FORM
SUCH ENTITIES.

B) AT LEAST 75% OF OWNERS, SHAREHOLDERS, MEMBERS, ETC., MUST BE REGISTERED

ARCHITECTS.

C) INDIVIDUAL MEMBERS ARE COLLECTIVELY RESPONSIBLE FOR THEIR ACTIONS.

D) THE ENTITY MUST BE REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION
AND THE BOARD OF ARCHITECTURE.

UPON APPROVAL BY THE COMMISSION, THE BOARD WILL ISSUE A CERTIFICATE OF

REGISTRATION TO THE REGISTERED ENTITIES.

SECTION 38. COVERAGE OF TEMPORARY/SPECIAL PERMITS

FOREIGN ARCHITECTS OR CONSULTANTS INTENDING TO WORK IN THE PHILIPPINES,

ESPECIALLY ON GOVERNMENT OR PRIVATE PROJECTS, MUST SECURE A SPECIAL/TEMPORARY
PERMIT FROM THE BOARD OF ARCHITECTURE, SUBJECT TO COMMISSION APPROVAL, BEFORE
COMMENCING THEIR DUTIES.

CONDITIONS FOR PERMIT ISSUANCE INCLUDE CITIZENSHIP IN A COUNTRY ALLOWING

RECIPROCAL PROFESSIONAL PRACTICE, LEGAL QUALIFICATION IN THEIR HOME COUNTRY,
RELEVANCE TO AND ADVANTAGE FOR THE PHILIPPINES, COLLABORATION WITH A FILIPINO
COUNTERPART, RESPONSIBILITY FOR PUBLIC UTILITIES AND TAXES, AND COMPLIANCE WITH
ESTABLISHED RULES.

REGISTRATION PROCEDURES INVOLVE OBTAINING A VISA AND WORK PERMIT, SECURING THE
PERMIT WITHIN 30 DAYS OF COMMISSION, PROVIDING PROOF OF FILIPINO ARCHITECTS'
PRACTICE IN THEIR HOME COUNTRY, DEMONSTRATING TECHNOLOGY TRANSFER OR
SPECIALIZATION, DEFINING ROLES IN A COVERING AGREEMENT, DISPLAYING THE ARCHITECT-
OF-RECORD'S NAME IN ADVERTISEMENTS, AND POTENTIALLY BECOMING A MEMBER OF THE
UNITED ARCHITECTS OF THE PHILIPPINES, INC. NON-COMPLIANCE MAY RESULT IN PENALTIES
SET BY THE PROFESSIONAL REGULATION COMMISSION (PRC).

SECTION 39. LIABILITY INSURANCE OF A PERSON OR ENTITY ALLOWED TO PRACTICE UNDER

A TEMPORARY/SPECIAL PERMIT

FOREIGN NATIONALS AND FORMER FILIPINOS INTENDING TO PRACTICE ARCHITECTURE IN THE

PHILIPPINES MUST OBTAIN LOCAL PROFESSIONAL LIABILITY INSURANCE OR AN EQUIVALENT
BOND. THE INSURANCE OR BOND SHOULD MATCH THEIR PROJECT INVOLVEMENT AND
COMPENSATION. THE BOARD, IN COLLABORATION WITH THE PROFESSIONAL ORGANIZATION
OF ARCHITECTS, WILL ESTABLISH THE RULES FOR THIS REQUIREMENT WITHIN SIX MONTHS
OF R.A. NO. 9266'S EFFECTIVITY.
 RULE V

FINAL PROVISIONS

SECTION 40. INTEGRATION OF THE ARCHITECTURE PROFESSION

THE ARCHITECTURE PROFESSION IN THE PHILIPPINES IS MANDATED TO BE INTEGRATED INTO

A NATIONAL ORGANIZATION ACCREDITED BY THE BOARD AND APPROVED BY THE
COMMISSION. THIS ORGANIZATION, REGISTERED AS A NON-PROFIT, NON-STOCK
CORPORATION, IS GOVERNED BY BY-LAWS ENSURING A DEMOCRATIC ELECTION OF OFFICIALS.
ARCHITECTS, UPON REGISTRATION WITH THE BOARD, AUTOMATICALLY BECOME MEMBERS OF
THIS INTEGRATED ORGANIZATION, PRESENTLY THE UNITED ARCHITECTS OF THE PHILIPPINES,
INC. (UAP). UAP, RECOGNIZED BY THE BOARD AND REGISTERED WITH THE SEC, OFFERS
BENEFITS TO ITS MEMBERS UPON PAYMENT OF REQUIRED FEES. THE UAP HAS SPECIFIC
FUNCTIONS, INCLUDING NOMINATING POSITIONS TO THE BOARD, PREPARING A CPD
PROGRAM, ENDORSING FOREIGN NATIONALS FOR TEMPORARY/SPECIAL PERMITS,
RECOMMENDING COMPLIANCE WITH LIABILITY INSURANCE, MONITORING AND ENDORSING
COMPLAINTS FOR VIOLATIONS, AND OTHER DUTIES PRESCRIBED BY THE BOARD. THE UAP
MEMBERSHIP NUMBER, ALONG WITH PRC REGISTRATION DETAILS, IS REQUIRED FOR
PRACTICING ARCHITECTS ON OFFICIAL DOCUMENTS RELATED TO REGULATORY PERMITS AND
LICENSES.

SECTION 41. IMPLEMENTING RULES AND REGULATIONS

WITHIN 60 DAYS OF THE ENACTMENT OF R.A. NO. 9266, THE BOARD, IN COLLABORATION WITH
THE ACCREDITED PROFESSIONAL ORGANIZATION, IS TASKED WITH FORMULATING AND
PROMULGATING THE NECESSARY RULES, CODE OF ETHICAL CONDUCT, AND STANDARDS OF
PROFESSIONAL PRACTICE. THESE REGULATIONS ARE CRUCIAL FOR THE EFFECTIVE
IMPLEMENTATION OF THE PROVISIONS OF R.A. NO. 9266 AND ARE SET TO BECOME EFFECTIVE
15 DAYS AFTER THEIR PUBLICATION IN EITHER THE OFFICIAL GAZETTE OR TWO MAJOR
NEWSPAPERS.

SECTION 42. APPROPRIATIONS

THE FINANCIAL ASPECTS OF R.A. NO. 9266'S IMPLEMENTATION. THE CHAIRPERSON OF THE
PROFESSIONAL REGULATION COMMISSION IS DIRECTED TO INCLUDE THE FUNDING FOR THE
IMPLEMENTATION OF R.A. NO. 9266 IN THE COMMISSION'S PROGRAMS. THE NECESSARY
FUNDS FOR THE INITIAL IMPLEMENTATION ARE TO BE SOURCED FROM THE CURRENT YEAR'S
APPROPRIATIONS OF THE PROFESSIONAL REGULATION COMMISSION, WITH SUBSEQUENT
FUNDING TO BE INCLUDED IN THE SUCCEEDING GENERAL APPROPRIATIONS ACT (GAA). THIS
ENSURES ONGOING FINANCIAL SUPPORT FOR THE CONTINUED IMPLEMENTATION OF R.A. NO.
9266.

SECTION 43. ACT NOT AFFECTING OTHER PROFESSIONALS

R.A. NO. 9266 SHALL NOT BE CONSTRUED TO AFFECT OR PREVENT THE PRACTICE OF ANY
OTHER LEGALLY RECOGNIZED PROFESSION.

SECTION 44. ENFORCEMENT OF THE ACT

THIS SECTION UNDERSCORES THE OBLIGATION OF THE COMMISSION AND THE BOARD TO
EFFECTIVELY ENFORCE THE PROVISIONS OF R.A. NO. 9266 AND ITS IMPLEMENTING RULES AND
REGULATIONS. IT CALLS UPON LAW ENFORCEMENT AGENCIES AND OFFICERS AT VARIOUS
LEVELS OF GOVERNMENT TO ASSIST IN ENFORCING THESE PROVISIONS AND PROSECUTE
VIOLATIONS. THE SECRETARY OF JUSTICE OR A DESIGNATED REPRESENTATIVE IS APPOINTED
AS THE LEGAL ADVISER TO THE COMMISSION AND THE BOARD. FURTHERMORE, ANY PERSON
IS EMPOWERED TO REPORT CASES OF ILLEGAL PRACTICE OR VIOLATIONS TO THE RELEVANT
AUTHORITIES.

SECTION 45: SEPARABILITY CLAUSE

THE SEPARABILITY CLAUSE IN THIS SECTION ENSURES THAT IF ANY SECTION OR PROVISION
OF THE IMPLEMENTING RULES AND REGULATIONS (IRR) OR THE APPLICATION OF SUCH RULES
TO ANY PERSON OR CIRCUMSTANCE IS DECLARED UNCONSTITUTIONAL OR INVALID, THE
REMAINING PORTIONS OF THE IRR OR ITS APPLICATION TO OTHER PERSONS OR
CIRCUMSTANCES SHALL REMAIN UNAFFECTED.

SECTION 46: REPEALING CLAUSE

THIS SECTION NULLIFIES ANY PROVISIONS OF PREVIOUS RULES, REGULATIONS, CODES,
ORDERS, RESOLUTIONS, MEASURES, OR OTHER POLICIES INCONSISTENT WITH THE IRR OF THE
ARCHITECTURE ACT OF 2004. SUCH PRIOR PROVISIONS ARE SUPERSEDED, REPEALED, OR
AMENDED ACCORDINGLY.

SECTION 47: EFFECTIVITY

THE FINAL SECTION STIPULATES THAT THE IRR OF THE ARCHITECTURE ACT OF 2004 BECOMES
EFFECTIVE 15 DAYS AFTER ITS FULL AND COMPLETE PUBLICATION IN THE OFFICIAL GAZETTE
OR TWO MAJOR NEWSPAPERS OF GENERAL CIRCULATION.