Reviewer: RA 9266 - The Architecture Act of 2004

Overview of RA 9266
RA 9266, also known as "The Architecture Act of 2004," is a Philippine law enacted to
provide a comprehensive framework for the registration, licensing, and practice of
architecture. It repeals R.A. 545 and introduces more responsive regulations for the
profession, emphasizing the role of architects in planning, designing, and constructing
buildings, considering their environment and principles of utility, strength, and beauty.

Article 1: General Provisions

Section 3. Definition of Terms
- Architecture: Defined as the art, science, or profession involving the planning,
designing, and constructing buildings in their entirety, considering environmental
factors and adhering to principles of utility, strength, and beauty.
- Architect: A professional who is academically qualified, registered, and licensed,
advocating for fair and sustainable development, welfare, and cultural expression of
society's habitat in terms of space, forms, and historical context.

Main Roles/Functions of the Architect

1. Architect-of-Record
- Holds direct and professional responsibility and civil liability for signed plans,
specifications, and contract documents.
2. Architect-in-Charge of Construction
- Responsible for construction supervision with direct professional responsibility and civil
liability.
3. consulting Architect
- Possesses exceptional or recognized expertise or specialization in a specific branch of
architecture.

Relevance of the Civil Code to the Practice

- Civil Code of the Philippines (RA 386)
- Influenced by the Spanish "Codigo Civil" and includes provisions relevant to the practice
of architecture.
- Article 1723 specifically addresses the liability of engineers and architects for damages
resulting from defects in construction or use of inferior materials within 15 years of project
completion. It establishes the solidary liability of architects and contractors in cases of
structural failures or major repairs.

Proposed Amendments to Article 1723

- Senate Bill #2382 (2010)
- Aims to expand the coverage of Article 1723 to include all infrastructure projects, not just
buildings.
- Proposes liability for damages not only in cases of collapse but also for major repairs due
to defective construction.
- Suggests holding contractors directly responsible for defective work by subcontractors,
with subcontractors assuming subsidiary liability.

Points to Ponder
 - Use of Titles During OJT and Practice
- It raises questions about the appropriateness of using the title "Architect" during
on-the-job training (OJT) and whether a graduate designing for an architect-employer can be
called the "Architect-of-Record."
- The distinction between the terms "Architect" and "Architect-of-Record" and the possibility
of one person fulfilling both roles simultaneously are also considered.

Overview of General Practice of Architecture

RA 9266, "The Architecture Act of 2004," outlines the scope of architectural practice in the
Philippines. It emphasizes the shift from "structural designing" under RA 545 to "structural
conceptualization," highlighting the comprehensive role of architects in planning, designing,
supervising, and administering building projects.

Key Aspects of Architectural Practice

Planning, Architectural, and Structural Designing (RA 545)

● Initially focused on the detailed design and specifications of buildings and structures.

Conceptualization (RA 9266)

● The act of conceiving, choosing, and developing the type, disposition, arrangement,
and proportioning of structural elements in an architectural work.
● Emphasizes safety, cost-effectiveness, functionality, and aesthetics.

Architectural Services Architectural services encompass a wide range of activities,

including but not limited to:

1. Planning, Designing, and Conceptualization

○ Engaging in the initial planning and creative process to develop architectural
designs and structural concepts.
2. Consultation and Consultancy
○ Providing oral or written advice, consultations, evaluations, investigations,
and quality surveys.
3. Project Phases
○ Involvement in schematic design, design development, contract
documentation, and construction phases.
4. Feasibility Studies
○ Preparing preliminary, technical, economic, and financial feasibility studies,
models, and project promotional services.
5. Architectural Documentation
○ Creating architectural plans, specifications, bills of materials, cost estimates,
general conditions, and bidding documents.
6. Construction and Project Management
○ General management, administration, supervision, coordination, and direction
of various construction activities, including planning, designing, erecting,
enlarging, and renovating buildings or structures.
 7. Space Planning and Layout
○ Planning and layout of spaces within and surrounding buildings, including
housing design, community architecture, interior space planning, and
detailing.
8. Specialized Services
○ Involvement in building programming, administration, arbitration,
conservation, and restoration.
9. Coordination of Works
○ Scientific, aesthetic, and orderly coordination of all works necessary for the
production of a complete building or structure.
10. Teaching and CAD
● Engaging in teaching architectural subjects and using computer-aided design tools.

Authorship and Ownership

● Authorship: Responsibility for the preparation and supervision of architectural

documents.
● Ownership: Proprietary rights to the architectural work belong to the person or entity
that commissions the architect. This ownership is limited to the use of the documents
for the original project and does not extend to subsequent projects or repetitions.

Article II: Professional Regulatory Board of Architecture (PRBoA)

● Qualifications of Members
○ Must be a Filipino citizen, hold a degree in Architecture, have inactive practice
for at least 10 years, not be a faculty member or elected officer within the past
five years, and have no criminal convictions involving moral turpitude.
● Term of Office
○ Members are appointed for a three-year term, with staggered initial
appointments to ensure continuity.
● Powers and Functions
○ The PRBoA is responsible for adopting rules, supervising registration and
licensure, administering oaths, issuing and revoking licenses, monitoring
practice conditions, and adopting ethical standards.
○ They also handle CPD guidelines, examination processes, temporary permits,
and coordination with CHED on educational standards.

Article III: Examination, Registration, and Licensure

● Qualifications for Examination

○ Applicants must be Filipino citizens (or qualified foreigners), possess good
moral character, hold a B.S. in Architecture, and have two years of diversified
architectural experience (DAE).
● Diversified Architectural Experience (DAE)
○ Post-baccalaureate, pre-licensure experience of two years, totaling 3,840
hours, covering various architectural services phases. This experience is
necessary for eligibility to take the licensure examination.

Points of Clarification
 ● Structural Designing vs. Structural Conceptualization
○ Structural designing involves the detailed design and specifications, while
structural conceptualization focuses on the broader conception and
arrangement of structural elements with considerations for safety, cost,
functionality, and aesthetics.
● Need to Repeal RA 545
○ RA 9266 provides a more comprehensive and updated regulatory framework,
addressing the evolving needs of the architectural profession and ensuring
alignment with current industry standards and practices.

PRC Resolution No. 09, Series of 2008

On October 3, 2008, the PRC promulgated Resolution No. 09, which allows architectural
students to start logging their hours of diversified experience in architecture (DEA) while still
enrolled. This practice commenced on December 24, 2008.

Key Points:

● Logbook Certification: Logbooks for DEA must be signed by Mentor-Architects,

who are Registered and Licensed Architects (RLAs) with an IAPOA certificate.

Diversified Experience Abroad

Graduates who have acquired extensive training abroad but lack a Filipino architect to vouch
for them face challenges in taking the licensure exam. Current regulations require
mentorship and certification by a Filipino architect.

Master's Degree in Architecture

It is possible to pursue a Master’s degree in Architecture even without passing the board
examination for the Bachelor’s degree.

Licensure Examination (RA 9266)

Section 14: Examination Subjects

Day 1:

1. History and Theory of Architecture; Principles of Planning and Architectural Practice

2. Structural Design, Building Materials, and Architectural Specifications; Methods of
Construction and Utilities
3. Urban Design and Architectural Interiors

Day 2:

1. Architectural Design and Site Planning

Section 15: Rating

 ● A General Weighted Average (GWA) of 70% is required, with no grade lower than
50%.

Section 16: Report of Ratings

● Examination results are released within three days.

Section 17: Oath

● Oathtaking is required for successful candidates.

Practicing Without Oath:

● A successful candidate must take the oath before any member of the Board or an
authorized representative to practice the profession.

Section 18: Certificates of Registration and Professional ID Card

● Certificates of Registration signify that an individual has passed the Licensure

Examination and is authorized to practice as an architect.

Section 19: Roster of Architects

● A roster of registered architects is maintained.

Use of Seal and Architectural Documents

Section 20: Seal, Issuance, and Use of Seal

● Licensed architects must affix their seal, containing their name, registration number,
and title "Architect," on all architectural documents.

Prohibited Acts:

● Using the seal after COR expiration

● Creating documents under another architect's supervision
● Duplicating documents for another project
● Only LRAs can sign and seal documents

Section 21: Architectural Documents

● These include drawings, specifications, and other outputs that only an architect can
sign and seal.

Section 22: Refusal to Issue COR and Professional ID Card

● The Board may refuse issuance for reasons such as criminal conviction, immoral
conduct, or unsound mind.

Section 23: Suspension and Revocation of COR, Professional ID Card, or

Special/Temporary Permit
 ● Grounds for suspension or revocation include unauthorized document signing,
securing COR through payment, impersonation, aiding unauthorized practice, lack of
service agreement, and violations of the Act.

Section 24: Re-issuance or Replacement of Revoked or Lost COR

● The Board may reinstate a revoked COR after two years, possibly exempting the
applicant from retaking the examination.

Practice of Architecture

Section 25: Registration of Architects Required

● Registration is mandatory for practicing architecture.

Section 26: Vested Rights

● Architects registered when the law was passed retain their rights.

Section 27: Reciprocity Requirements

● Foreign nationals must prove their country reciprocates by allowing Filipinos to

practice architecture or to take the licensure exam.

Continuing Professional Development (CPD)

Section 28: CPD

● CPD is a mandatory requirement for renewing the professional identification card. It

involves ongoing learning to maintain and enhance an architect’s knowledge and
skills.

CPD Providers:

● Entities accredited by the Board of Architecture or the IAPOA are authorized to offer
CPD seminars, lectures, and modules.

Section 29: Prohibition in the Practice of Architecture and Penal Clause

Prohibitions in the Practice:

● Practicing or offering to practice architecture without being registered/licensed.

● Using another person's Certificate of Registration (COR) or license.
● Providing false or forged evidence to obtain a COR or license.
● Falsely impersonating a registered architect.
● Attempting to use a revoked COR.
● Using or advertising any title or description implying that one is an architect without
being registered/licensed.
● Allowing the use of architectural plans, designs, or specifications by unlicensed
individuals or entities.
● Violating any provisions of RA 9266 or its Implementing Rules and Regulations (IRR).
Penalties:

● Guilty individuals face a fine ranging from P100,000 to P5,000,000 or imprisonment

from 6 months to 6 years, or both.

Section 30: Prohibition in the Practice of Architecture

Prohibitions:

● Forcing an architect to render services without a service agreement.

Penalties:

● A fine of not less than P200,000, imprisonment for up to 6 years, or both.

Section 31: Liability of Representatives of Non-Registered Persons

● Solicitation of architectural work by nonregistered and unlicensed persons is

unlawful.
● Both the representative and those represented are guilty of violations.

Section 32: Signing of Architectural Plans, Specifications, and Other Contract

Documents

Prohibited Acts:

● Signing or sealing documents prepared under another architect's supervision.

● Signing for work not actually performed by the signatory.

Section 33: Ownership of Plans, Specifications, and Other Contract Documents

● Architectural documents, such as drawings and specifications, are the intellectual

property of the architect, whether or not the project is executed.
● Duplicating or using these documents for other projects without the architect’s written
consent is illegal.

Section 34: Non-Registered Persons Shall Not Claim Equivalent Service

● Unregistered persons cannot claim to provide services equivalent to those offered by

registered architects.

Section 35: Positions in Government Requiring the Services of Registered and

Licensed Architects

● Within three years from the enactment of RA 9266, all government positions requiring
architectural services must be filled by registered and licensed architects.

Section 36: Collection of Professional Fees

● It is unlawful for unregistered persons to collect fees for architectural services.

Section 37: Limitation to the Registration of a Firm, Company, Partnership,
Corporation, or Association

Registration Requirements:

● Only Filipino Registered and Licensed Architects (RLAs) can form and register firms
for the practice of architecture.
● At least 75% of the ownership, shareholders, members, incorporators, directors, and
executive officers must be registered and licensed architects.
● Firms must be registered with the Securities and Exchange Commission (SEC) and
the Professional Regulatory Board of Architecture (PRBOA).
● Individual members are responsible for their actions collectively and individually.

Definitions:

● Architectural Firm: A sole proprietorship, partnership, or corporation registered with

the Department of Trade and Industry (DTI) and/or SEC, and the Board of
Architecture and PRC.
● Architectural Company: Synonymous with an Architectural Partnership.
● Sole Proprietorship: An individual architect practicing and delivering architectural
services, registered with the DTI, BOA, and PRC.
● Association: A formal grouping of two or more architects or architectural firms
working jointly on a project basis.
● Architectural Partnership: A group of two or more architects registered with the
SEC and the Board of Architecture.
● Architectural Corporation: A group of professionals in architecture and allied
professions, with 75% of the incorporators being registered architects. Existing
corporations must comply with this requirement to register with the SEC and the
BOA.

Legal Implications:

● It is illegal for private companies or corporations offering architectural services to be

owned by individuals or businessmen who are not architects, even if they hire
licensed architects to perform the services.

Section 38: Coverage of Temporary/Special Permit

Temporary/Special Permits:

● Issued to Foreign Architects (FAs) or Consultants (FCs) under specific conditions:

○ Reciprocity Requirements: The foreign architect must be qualified to
practice in their own country.
○ Advantage to the Philippines: The service must bring expertise and
technology transfer that benefits the Philippines.
○ Filipino Counterpart: The foreign architect must work with a local Philippine
architect, partnership, or corporation.
○ Permits: Must obtain permits from the Department of Labor and Employment
(DOLE) and the Professional Regulation Commission (PRC).
Definitions:

● Technology Transfer: Contracts or arrangements involving the transfer of

systematic knowledge for product manufacture, process application, service
rendering, including management contracts and intellectual property rights.
● Filipino Counterpart: The local architect, partnership, or corporation working with
the foreign architect on a Philippine project.

Section 39: Liability Insurance of a Person or Entity Allowed to Practice under a

Temporary/Special Permit

● Foreign architects practicing under a temporary/special permit must have liability

insurance to cover any potential architectural liabilities within the Philippines.
● If the foreign architect leaves the country and has architectural liabilities, they may
still be held accountable.
● Foreign architects hired by developers for Philippine projects must register with the
PRC, even if they do not physically come to the Philippines.

Section 40: Integration of the Architecture Profession

Accredited Professional Organization (APO):

● The architecture profession shall be integrated into one national organization

accredited by the Board.
● INTEGRATED AND ACCREDITED PROFESSIONAL ORGANIZATION of the
ARCHITECTS (IAPOA): The existing official national organization for all Filipino
architects. Membership is mandatory for all registered architects, regardless of other
professional associations they may join.

Functions/Responsibilities of the IAPOA:

● Nominate candidates for vacancies in the Board of Architecture (BOA).

● Develop Continuing Professional Development (CPD) programs.
● Endorse the practice of foreign nationals for temporary/special permits.
● Recommend compliance with liability insurance for foreign architects.
● Monitor compliance and file complaints with the Board and/or Commission for
violations of RA 9266, the IRR, Code of Ethics, Standards of Professional Practice,
and other relevant laws and regulations.

PRBoA Resolutions and Related Regulations

● Board Resolution No. 2004-03: Accreditation of the United Architects of the

Philippines (UAP) as the IAPOA.
● Board Resolution No. 2005-02: Requiring IAPOA certificates for PRC card renewal.
● Board Resolution No. 2005-04: Adoption of the Logbook of Diversified Architectural
Experience by the UAP.
● Board Resolution No. 2005-05: Guidelines for the design, size, and content of the
dry seal.
 ● Memorandum Circular No. 2005-08: Enforcement of RA 9266 and its IRR by
government agencies.
● Board Resolution No. 2007-03: Consolidation of subjects for the architecture board
licensure examination.
● Board Resolution No. 2007-04: Use of architectural titles and registration details in
publications and media.
● Board Resolution No. 2007-05: Registration guidelines for firms, companies,
partnerships, corporations, or associations of RLAs.
● Board Resolution No. 2007-06: Guidelines for the Logbook on Diversified
Experience for overseas examinees.
● Board Resolution No. 2008-01: Restricting the practice of architecture by non-RLAs
without supervision.
● Board Resolution No. 2008-03: Issuance of Temporary/Special Permits to Foreign
Architects.
● Board Resolution No. 2008-09: Defining "Diversified Architectural Experience" as
3,840 hours prior to taking the board licensure exam.
● Board Resolution No. 2016-05: Limiting initial registration and renewal
requirements to the payment of IAPOA dues.
● Board Resolution No. 2016-06: Approval of the Architects' Guidelines for
Professional Practice.

Professional Regulation Commission (PRC)

● PD 223: Establishing the PRC on June 22, 1973.

● RA 8981: Modernizing the PRC, repealing PD 223.
● Composition: One full-time Chairperson and two full-time Commissioners,
appointed by the President for a 7-year term.
● Qualifications: At least 40 years old, holding a valid certificate of
registration/professional license, familiar with professional regulation principles, at
least 5 years of executive/management experience, with one Commissioner being a
past Chairperson/member of a Professional Regulatory Board.

Powers and Responsibilities:

● Enforce regulatory policies, promulgate rules, oversee Board activities, licensure

exams, maintain professional records, issue certificates, collect fees, appoint officials,
recommend Board members, evaluate foreigner applications, supervise practicing
foreigners, monitor school performance, implement exam computerization,
administer oaths, investigate illegal practice.

Teaching for Licensure Examination

● All subjects for licensure examinations must be taught by individuals holding valid
certificates of registration and professional licenses.

PRC Resolutions on Continuing Professional Education (CPE) and Continuing

Professional Development (CPD)

PRC Res. No. 2008-463:

 ● Prescribing Fees: Establishes the fees for the accreditation of CPE programs
provided by duly accredited CPE providers.

PRC Res. No. 2008-465:

● Mandatory CPE Attendance: Requires attendance at CPE courses offered by the

CPE Council and PRC-accredited CPE providers for professionals to maintain good
standing and remain globally competitive.

PRC Res. No. 2013-774:

● Revised Guidelines for CPE/CPD: Implements standardized guidelines and

procedures for the CPE/CPD system for all registered and licensed professionals.
○ For architects, the requirement is 45 credit units over three years.
○ Updated effective March 1, 2019, to a minimum of 15 CPD credit units over
three years.

PRC Res. No. 2016-990:

● Amendments to CPD Guidelines: Introduces amendments to the revised guidelines

on the CPD program for all registered and licensed professionals.

PRC Res. No. 2017-04:

● Operational Guidelines for RA 10912: Provides operational guidelines for

implementing RA 10912, the Continuing Professional Development Act of 2016,
specifically for architects.

Allied Practices

RA 1582 (amended RA 544): Practice of Civil Engineering

● Scope of Practice: Includes consultation, design, preparation of plans,

specifications, estimates, erection, installation, and supervision of various
infrastructure projects such as streets, bridges, highways, railroads, airports, and
more.

RA 10350 (amended RA 8534): Practice of Interior Design

● Scope of Practice: Involves planning, designing, specifying, supervising, and

managing the functional and aesthetic arrangement of building interiors to enhance
and safeguard life, health, property, and quality of life.

RA 9053: Practice of Landscape Architecture

● Scope of Practice: Encompasses the arrangement, development, and management

of natural scenery and land areas to create desirable outdoor spaces, including
gardens, parks, playgrounds, and more. Also includes conservation and rehabilitation
of the natural environment.
RA 10587 (amended PD 1308): Practice of Environmental Planning

● Scope of Practice: Involves managing and developing land, preserving, conserving,

and rehabilitating the human environment.
● Qualifications for Examination:
○ Master’s degree in environmental planning or related fields.
○ Bachelor’s degree in environmental planning or related fields with two years
of experience.
○ Master’s degree in architecture, civil engineering, economics, public
administration, or sociology with one year of experience.
○ Bachelor’s degree in related fields with two years of experience.

Civil Liability of the Architect (Article 1723)

● Liability for Damages: Architects and engineers who drew up plans and
specifications for a building are liable for damages if the building collapses within 15
years due to defects in the plans, specifications, or ground.
● Contractor Responsibility: Contractors are responsible for damages if the building
collapses within the same period due to construction defects or inferior materials.
● Supervisory Liability: Architects supervising the construction are solidarily liable
with the contractor.
● Action Period: Legal action must be brought within ten years following the collapse
of the building.