Republic Act 9266

The Architecture Act of 2004

 History of RA 9266
House Bill No. 5389
October 21-23, 2002 – reports by the Committee on Civil Service and Professional Regulation Commission and the
Committee on Appropriations (Committee Report No. 922) – substitution to House Bill No. 344 (Sponsored by:
Representative Gonzales II, Jala and Andaya – approved on the second reading
November 11, 2002 – printed copies was distributed to the members during session
November 13, 2002 – inclusion of Rep. Filomena “Nenet” S. San Juan as co-author
November 20, 2002 – proceeded on third reading – 157 affirmative votes, no negative votes and no abstentions
December 15, 2003 – the House designated the following members as conferees to the Bicameral Conference
Committee on the disagreeing provisions of House Bill and Senate Bill 2710, regarding the Architectural Act of 2004,
to wit: Reps. Eladio “Boy” Jala, and Harlin Cast. Abayon, Neptali M. Gonzales II, and Del R. De Guzman for the
Majority; and Reps. Carlos M. Padilla and Rolex T. Suplico for the Minority
January 19, 2004 – transmitted to the House a message dated Message December 18, 2003 informing the House of
Representatives that on December 17, 2003, the Senate has requested for a conference and has designated Senators
Aquilino Q. Pimentel Jr., Francis N. Pangilinan and Ralph G. Recto as conferees on the part of the Senate on the
disagreeing provisions of S. No. 2710
January 28, 2004 – Bill No. 5389 and Senate Bill No. 2710
February 2, 2004 – received a message from the Senate dated January 29, 2004 that the Senate on even date
approved the Bicameral Conference Committee Report on the disagreeing provisions of S. N0. 2710
June 10, 2004 – Consigned to the Archives Consolidated House Bill No. 53 89 and Senate Bill No. 2710, entitled: AN
ACT PROVIDING FOR A MORE RESPONSIVE AND COMPREHENSIVE REGULATION FOR THE REGISTRATION, LICENSING
AND PRACTICE OF ARCHITECTURE, REPEALING FOR THE PURPOSE REPUBLIC ACT 545, AS AMENDED, OTHERWISE
KNOWN AS ‘AN ACT TO REGULATE THE PRACTICE OF ARCHITECTURE IN THE PHILIPPINES’ AND FOR OTHER PURPOSES (
Now Republic Act No. 9266)
History of RA 9266
Senate Bill No. 2710
May 29, 2003; September 4, 2003 – Conducted committee meeting/hearings
September 5, 2003 – technical working group meeting/hearing
November 19, 2003 – prepared and submitted jointly by the committees on Civil Service and Government Reorganization; and Constitutional
Amendments, Revision of Codes and Laws with Senators S. Osmena, R. Magsaysay Jr., and E. Angara per Committee Report No. 351, recommending its
approval in substitution of S.B. No. 1290, 2081 and 2426, taking into consideration House Bill No. 5389
- Sponsored by Senator A. Pimentel Jr.
November 24, 2003 – Interpellation of Senators F. Drilon and J. Osmena; Period of interpellation closed.
December 1, 2003 – period of committee amendments closed; period of individual amendments, period of Individual amendments closed – approved on
Second Reading with amendments.
December 4, 2003 – printed copies were distributed to the Senators
December 8, 2003 – approved on the Third Reading, in favor 13 senators – J. Arroyo, R. Barbers, R. Biazon, L. Ejercito-Estrada, J. Flavier, G. Honasan, R.
Jaworski, P. Lacson, J. Osmena, R. Recto, R. Revilla Sr., V. Sotto, and F. Drillon. – Against- none; Abstention – none
December 11, 2003 – sent to House of Representatives for concurrence.
December 17, 2003 – designated Sen. Aquilino Q. Pimentel Jr., Francis N. Pangilinan and Ralph G. Recto as conferees on the part of the Senate on the
disagreeing provisions of S. No. 2710
December 18, 2003 – requested a conference with the House with Senator A. Pimentel Jr., F. Pangilinan, and R. Recto as conferees on the part of the
Senate on the disagreeing provisions of S. No. 2710.
January 29, 2004 – informed the House of Representatives that the Senate on even date approved Bicameral Conference Committee Report on House Bill
No. 5389 and Senate Bill No. 2710.
 and responsible direction or the planning, architectural designing,
construction, reconstruction, erection, enlargement or
Scope of the Practice of demolition, renovation, repair, orderly removal, remodeling,
Architecture alteration, preservation or restoration of buildings or structures
or complex buildings, including all their components, sites and
- planning, architectural designing and structural environs, intended for private or public use
conceptualization
- the planning, architectural lay-outing and utilization of spaces
- consultation, consultancy, giving oral or written advice within and surrounding such buildings or structures, housing
and directions, conferences, evaluations, investigations, design and community architecture, architectural interiors and
quality surveys, appraisals and adjustments, architectural space planning, architectural detailing, architectural lighting,
and operational planning, site analysis and other pre- acoustics, architectural lay-outing of mechanical, electrical,
design services electronic, sanitary, plumbing, communications and other
utility systems, equipment and fixtures
- schematic design, design development, contract
documents and construction phases including - building programming, building administration, construction
professional consultancies arbitration and architectural conservation and restoration
- preparation of preliminary, technical, economic and - all works which relate to the scientific, aesthetic and orderly
financial feasibility studies of plans, models and project coordination of all works and branches of the work, systems
promotional services and process necessary for the production of a complete
building or structure, whether for public or private use, in
- preparation of architectural plans, specifications, bill of
order to enhance and safeguard life, health and property and
materials, cost estimates, general conditions and bidding
the promotion and enrichment of the quality of life, the
documents
architectural design of engineering structures or any part
- construction and project management, giving general thereof; and
management, administration, supervision, coordination
- all other works, projects and activities which require the
professional competence of an architect, including teaching of
architectural subjects and architectural computer-aided design
 Creation and Composition Qualifications of Members
of the Professional of the Professional
Regulatory Board Regulatory Board
- be a citizen and resident of the Philippines
Professional Regulatory Board of Architecture term of office
– - be a holder of a degree in Bachelor of Science in
Architecture conferred by a school, college or university
Chairman – 3 years in the Philippines or abroad that is recognized and/or
1 member – 2 years accredited by the Commission on Higher Education
(CHED)
1 member – 1 year - be an architect with a valid Certificate of Registration and
(3) recommendees chosen from a list of five (5) nominees Professional Identification Card and active practitioner of
for each position submitted to the Commission by the architecture for at least ten (10) years on the date of
integrated and the accredited professional organization of his/her appointment
architects. - not be a member of the faculty of any good 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
- Has never been convicted of any crime involving moral
turpitude
Powers and Functions of the Board

- Prescribe and adopt the rules and regulations necessary for carrying - Prescribe guidelines for the Continuing Professional Development
out the provisions of this Act (CPD) program in consultation with the integrated and accredited
professional organization of architects: Provided, That the attendance
- Supervise the registration, licensure and practice of architects to said CPD shall not be a mandatory requirement for the renewal of a
professional license
- Administer oaths in connection with the administration of this Act
- Prepare, adopt, issue or amend the syllabi of the subjects for
- Issue, suspend, revoke, or reinstate the Certificate of Registration and examinations by determining and preparing questions which shall be
the professional Identification Card for the practice of the architecture within the scope of the syllabi of the subject for examination as well as
profession administer, correct and release the results of the licensure
examinations
- Adopt an official seal of the Board
- Approve, issue, limit or cancel temporary or special permit to practice
- Monitor the conditions affecting the practice of architecture and architecture
adopt such measures as may be deemed proper for the enhancement
and maintenance of high professional, ethical and technical standards - In coordination with the CHED, ensure that all higher educational
of the profession instruction and offerings of architecture comply with the policies,
standards and requirements of the course prescribed by the CHED in
- Prescribe and/or adopt the Code of Ethical Conduct and Standards of the areas of curriculum, faculty, library and facilities
Professional Practice
- To adopt a program for the full computerization of the licensure
- Hear and decide administrative cases involving violations of this Act, examination
its implementing rules and regulations, the Code of Ethical Conduct
and Standards of Professional Practice, and for this purpose, to issue - Discharge such other duties and functions as may be deemed
subpoena ad testificandum and subpoena duces tecum to secure the necessary for the enhancement of the architecture profession and the
appearance of witnesses and the production of documents in upgrading, development and growth of the architecture education
connection therewith: 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. The
decision of the Commission may be appealed to the Court of Appeals
in accordance with the procedure under the Rules of Court
 EXAMINATION, REGISTRATION
Grounds for Suspension or AND LICENSURE
Removal of Members of the
Board Qualifications of Applicant for
Examination
- Neglect of duty or incompetence
- Violation of tolerance of the violation of this Act, - He/she is a Filipino citizen or a citizen of a foreign
or its implementing rules and regulations or the country qualified to take the examination as
Code of Ethical Conduct and Standards of provided for in this Act
Professional Practice
- He/she is of good moral character
- Final judgment of crimes involving moral turpitude
- He/she is a holder of a degree of Bachelor of
- Manipulation or rigging of the architecture Science in Architecture conferred by a school,
licensure examination results, disclosure of secret college, academy or institute duly recognized
and confidential information in the examination and/or accredited by the Commission on Higher
questions prior to the conduct of the said Education (CHED) and in addition has a specific
examination or tampering of grades record of at least two (2) years or equivalent of
diversified architectural experience duly certified
by a registered/licensed architect: Provided,
however, That an applicant holding a Master's
Degree in Architecture from a school, college,
university or institute recognized by the
government shall be credited one (1) year in
his/her practical experience
- He/she has not been convicted of any criminal
offensive involving moral turpitude
EXAMINATION, REGISTRATION AND LICENSURE
Subjects for Examination Issuance of Certificates of Registration
- History and Theory of Architecture; Principles and Professional Identification Card
of Planning and Architectural Practice Certificate of Registration shall bear the
signature of the chairperson of the Commission
- Structural Design, Building Materials, and and the chairman and members of the Board,
Architectural Specifications, and Methods of stamped with the official seal, indicating that
Construction and Utilities the person named therein is entitled to the
- Urban Design and Architectural Interiors practice of the profession with all the privileges
appurtenant thereto
- Architectural Design and Site Planning
Professional Identification Card bearing the
Rating in the Licensure Examination registration number, date of issuance, expiry
seventy percent (70%) - weighted general date, duly signed by the chairperson of the
average Commission
fifty percent (50%) – minimum grade / lowest Roster of Architects
grade Names and place of business of all registered
professional architects
EXAMINATION, REGISTRATION AND LICENSURE

Refusal to Issue Certificate of Suspension and Revocation of

Registration and Professional Certificates of Registration, Professional
Identification Card Identification Card or the
- person who has falsely sworn or Special/Temporary Permit
misrepresented himself/herself in his/her - has signed and affixed or permitted to be
application for examination or to any person signed or affixed his name or seal on
convicted by a court of competent jurisdiction architectural plans and designs, specification,
of a criminal offense involving moral turpitude drawings, technical reports, valuation,
or guilty of immoral and dishonorable conduct estimates, or other similar documents or
or to any person of unsound mind work not prepared by him/her or not
executed under his/her immediate
supervision
- has paid money except the regular fees
provided for to secure a Certificate of
Registration
- has paid money except the regular fees
provided for to secure a Certificate of
Registration
EXAMINATION, REGISTRATION AND LICENSURE
Suspension and Revocation of Certificates
Refusal to Issue Certificate of of Registration, Professional Identification
Registration and Professional Card or the Special/Temporary Permit
Identification Card
- has signed and affixed or permitted to be signed
- person who has falsely sworn or or affixed his name or seal on architectural plans
misrepresented himself/herself in his/her and designs, specification, drawings, technical
application for examination or to any person reports, valuation, estimates, or other similar
convicted by a court of competent jurisdiction documents or work not prepared by him/her or
of a criminal offense involving moral turpitude not executed under his/her immediate
or guilty of immoral and dishonorable conduct supervision
or to any person of unsound mind
- has paid money except the regular fees provided
for to secure a Certificate of Registration
- has paid money except the regular fees provided
for to secure a Certificate of Registration
- has aided or abetted in the practice of
architecture any person not duly authorized to
practice architecture in the Philippines
EXAMINATION, REGISTRATION AND LICENSURE
Re-issuance or Replacement of Revoked or Lost
- has openly solicited projects by actually Certificates of Registration Professional
undertaking architectural services without a valid Identification Card or Special and Temporary
service agreement guaranteeing compensation of Permit
services to be rendered and/or has actually
allowed himself/herself to be exploited by - after the expiration of two (2) years from the date of
undertaking architectural services without a valid revocation of a Certificate of Registration, Professional
sevice agreement, both acts being prejudicial to Identification Card or special/temporary permit, and
other architects registered and licensed under this upon application and for reasons deemed proper and
Act and inimical to the interests of the profession sufficient, reinstate the validity of a revoked Certificate
of Registration and in so doing may, in its discretion,
- has violated any provision of this Act, its exempt the applicant from taking another examination
implementing rules and regulations, the Code of
Ethical Conduct and Standards of Professional - A new Certificate of Registration or Professional
Practice Identification Card, temporary/special permit replace
those which have been lost, destroyed, or mutilated,
may be re-issued, subject to the rules promulgated by
the Board and the Commission, upon payment of the
required fees
PRACTICE OF ARCHITECTURE
Registration of Architects Required Reciprocity Requirements
No person shall practice architecture in this A person who is not a citizen of the Philippines
country, or engage in preparing architectural at the time he/she applies to take the
plans, specification or preliminary data for the examination shall not be allowed to take the
erection or alteration of any building located licensure examination unless he/she can prove,
within the boundaries of this country or use the in the manner provided by the Rules of Court
title "Architect," or display or use any title, sign, that, by specific provision of law, the country of
card, advertisement, or other device to indicate which he/she is a citizen, subject or national
such person practices or offers to practice either admits citizens of the Philippines to the
architecture, or is an architect, unless such practice of the same profession without
person shall have received from the Board a restriction or allows them to practice it after
Certificate of Registration and be issued a passing an examination on terms of strict and
Professional Identification Card in the manner absolute equality with citizens, subjects or
hereinafter provided and shall thereafter national of the country concerned, including the
comply with the provisions of this Act unconditional recognition of prerequisite
degrees/diplomas issued by the institutions of
learning duly recognized for the purpose by the
Government of the Philippines
PRACTICE OF ARCHITECTURE
Prohibition in the Practice of Architecture and Penal **Section 7. Powers, Functions and Responsibilities of the
Clause Commission – The powers, functions, and responsibilities of the
Commission - To supervise foreign nations who are authorized
Any person who shall practice or offer to practice architecture in by existing laws to practice their professions either as holders of
the Philippines without being registered/licensed and who are a certificate of registration and a professional identification card
not holders of temporary or special permits in accordance with or a temporary special permit in the Philippines; to ensue that
the provisions of this Act the terms and conditions for their practice or of their
One hundred thousand pesos (P100,000.00) – minimum fine employment are strictly complied with; to require the hiring or
employing government agency or private entity/institution to
Five Million pesos (P5,000,000,00) – maximum fine secure a temporary special permit from the concerned Board
subject to approval by the Commission and to file a criminal
not less than six (6) months – minimum imprisonment complaint against the head of the government agency or officers
of the said private entity/institution, who shall be liable under
not exceeding six (6) years, or both, at the discretion of the the penalty provided for in the concerned professional
Court. regulatory law or the penalty imposed pursuant to this Act,
when the professional was hired and allowed to practice his/her
Penalties for Violations of Section 7 – sub-paragraph (L) by profession without permit; to file upon due process request for
Heads of Government Agencies or Officers of Private deportation with the Bureau of Immigration and Deportation
Entities/Institutions as per R.A. No. 8981 (BID); and to supervise professionals who were former citizens
Fifty Thousand Pesos (P50,000.00) – minimum fine of the Philippines and who had been registered and issued a
certificate of registration and a professional identification card
Five Hundred Thousand Pesos (P500,000.00) – maximum fine prior to their naturalization as foreign citizens, who may, while in
the country on a visit, sojourn or permanent residence, practice
six (6) months and one (1) day – minimum imprisonment their profession: Provided, That, prior to the practice of their
profession they shall have first been issued a special permit and
six (6) years – maximum imprisonment updated professional identification card by the Board concerned
subject to approval by the Commission and upon payment of
the permit and annual registration fees
PRACTICE OF ARCHITECTURE
Prohibition in the Practice of Signing and Sealing of Architectural
Architecture Plans, Specifications, Architectural
Two hundred thousand pesos Permit and Other Contract
(P200,000.00) – minimum fine Documents
six (6) years – maximum imprisonment The authorized signature, official seal,
PTR, PRC registration number and the
person or entity, whether public or IAPOA membership number and Official
private, Filipino or foreigner, who/which Receipt (O.R.) number of the Architect-
shall entice, compel, coerce, require or of-record stamped on architectural
otherwise force an architect to plans, specifications, architectural
undertake/perform any service under permit and other related contract
the general practice of architecture documents signify his/her assumption
without first executing a written of the mandated fifteen (15) year civil
contract/service agreement liability under Article 1723 of the Civil
Code.
PRACTICE OF ARCHITECTURE
Positions in Government Requiring the Services - All existing plantilla positions in the national and
of Registered and Licensed Architects local government whose job description includes
the practice of architecture as defined under R.A.
Within three (3) years from the effectivity of R.A. No. 9266, shall be automatically reclassified as
9266, all existing and proposed positions in the local Architect positions and shall be accorded the salary
and national government, whether career, pertaining to the latter in accordance with salary
permanent, temporary or contractual and primarily standardization law
requiring the services of an architect shall be filled
only by registered and licensed architects - The government architect-of-record shall collect
from the concerned national or local agency
- All national and local agencies including including Government Owned and Controlled
Government Owned and Controlled Corporations Corporations (GOCC’s) an incentive pay to cover
(GOCC’s) are prohibited to collapse existing plantilla civil liabilities in the equivalent amount of 1.5 % of
positions for architects for the purpose of recreating the project cost of every project provided it shall
the same to non-architect positions 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.
PRACTICE OF ARCHITECTURE
Limitation to the Registration of a Firm, - Individual members of such firm,
Company, Partnership, Corporation or partnership, association or corporation
Association shall be responsible for their individual
- Only Filipino citizens properly registered and collective acts as an entity and as
and licensed as architects under R.A. No. provided by law
9266 may, among themselves, or - Such firm, partnership, association or
together with allied technical corporation shall be registered with the
professionals, form and obtain Securities and Exchange Commission and
registration as a firm, company, the Board
partnership, association or corporation
for the practice of architecture
- 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
 PRACTICE OF ARCHITECTURE
Coverage of Temporary/Special Permit - Agencies, organizations or individuals whether
public or private, who secure the services of a
- That he/she is a citizen or subject of a country which foreign professional authorized by law to practice
specifically permits Filipino professionals to practice in the Philippines for reasons aforementioned,
his/her profession within their territorial limits, on the shall be responsible for securing a special permit
same basis as the subjects or citizens of such foreign from the Professional Regulation Commission
state or country (PRC) and the Department of Labor and
- That he/she is legally qualified to practice architecture Employment (DOLE) pursuant to PRC and DOLE
in his/her own country, and that his/her expertise is rules
necessary and advantageous to our country particularly Procedures for the registration and/or issuance of
in the aspects of technology transfer and specialization temporary/special permits
- That foreign nationals shall be required to work with a 1. Visa and work permit by appropriate
Filipino counterpart and shall also be responsible for government agencies shall be required
public utilities and taxes due to the Philippine
government, relative to their participation in, or 2. Within thirty (30) calendar days after the
professional services rendered to the project, in commission/appointment date, the
accordance with the established implementing rules and commissioning party shall be responsible to
regulations providing for the procedure for the secure the Temporary/Special Permit from
registration and/or issuance of temporary/special Board subject to approval by the PRC. DOLE
permits to foreign architects allowed by law to practice upon compliance with the qualifications
their profession in the Philippines by the Board of required and receipt of a copy of the said
Architecture and the accredited professional Temporary/Special Permit – shall issue the
organization employment permit
PRACTICE OF ARCHITECTURE
3. In the absence of a bilateral agreement, the foreign Liability Insurance of a Person or Entity Allowed
national shall submit documentary proof or evidence to Practice under a Temporary/Special Permit
allowing Filipino architects to practice the profession
in their home country without any limitation Foreign nationals, including former Filipinos wanting
to engage in the general practice of architecture must
4. Technology transfer and/or specialization must be secure locally their professional liability insurance or
identified and substantiated consistent with his malpractice insurance or their acceptable equivalent
expertise in bond form commensurate with the nature and
magnitude of their project involvement and their
5. A Filipino counterpart shall be the architect-of- compensation
record, with his duties, functions and responsibilities
duly defined in a covering agreement.
6. Advertisements and billboards for
marketing/promotion purposes shall prominently
display the name of the architect-of-record. Failure to
comply shall be subject to penalties in accordance
with the rules promulgated by PRC
7. Upon issuance of the temporary/special permit,
the foreign national may become member of the
United Architects of the Philippines, Inc. subject to
the rules and procedures of UAP membership
FINAL PROVISIONS
Integration of the Architecture Profession The functions, duties and responsibilities of the UAP
as the IAPOA shall be the following
- An architect duly registered with the PRC shall
automatically become a member of the UAP and - Nominations to the vacancy of positions to the
shall receive the benefits and privileges provided BOA
for and described in its by-laws upon payment of
required fees and dues. The UAP shall keep an - Responsibility of preparing a program of CPD
updated official registry of its bonafide members - Endorsement of the practice of foreign nationals to
indicating membership and annual dues official be issued temporary/special permit
receipt number
- Recommendation of compliance with liability
- Bona fide members of the UAP practicing the insurance under a temporary/special permit
architectural profession shall be required to
provide their official IAPOA membership number - Monitoring compliance and endorsing to/or filing a
and receipt number together with their PRC complaint with the Board and/or Commission for
registration number and professional tax receipt violation of the R.A. No. 9266, this IRR, Code of
(PTR) on official documents prepared by them for Ethics, Standards of Professional Practice and other
purposes of obtaining governmental regulatory policies of the Board and of the Commission and
permits and licenses with other agencies for violation of other relevant
laws, regulations and the like
- Some other functions, duties and responsibility as
may be prescribed by the BOA from time to time
FINAL PROVISIONS
Implementing Rules and Regulations Enforcement of the Act
Within sixty (60) days after the effectivity of R.A. Any person may bring before the Commission,
No. 9266 subject to the approval of the Board or the aforementioned officers of the law,
Commission and in coordination with integrated cases of illegal practice or violations of R.A. No.
and accredited professional organization, shall 9266 and this “IRR of the Architecture Act of
adopt and promulgate such rules and 2004” committed by any person or party
regulations, Code of Ethical Conduct and
Standards of Professional Practice, to carry out Repealing Clause
the provisions of R.A. No. 9266 and which shall Any provisions of the rules, regulations, codes,
be effective fifteen (15) days following their orders, resolutions, measures, and other
publication in the Official Gazette or in two (2) policies or parts thereof issued and
major daily newspapers of general circulation. promulgated pursuant to R.A. No. 545 (as
amended by R.A. No. 1581), P.D. No. 223 (as
amended), R.A. No. 8981, and other laws which
are inconsistent with this “IRR of the
Architecture Act of 2004” are hereby
superseded, repealed or amended accordingly.