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BOARD OF ARCHITECTURE
Board Resolution No.
Series of 2008

GUIDELINES IMPLEMENTING SEC. 38, ART. IV OF R.A. NO. 9266, KNOWN

AS “THE ARCHITECTURE ACT OF 2004”, AND SEC. 38, RULE IV OF BOARD
RES. NO. 07, SERIES OF 2004, CITED AS THE “IRR OF THE ARCHITECTURE
ACT OF 2004”, THE COVERAGE OF TEMPORARY/ SPECIAL PERMITS FOR
ISSUANCE TO FOREIGN ARCHITECTS AND FOR OTHER PURPOSES

WHEREAS, Sec.38, Art. IV of R. A. No. 9266, known as “The Architecture Act of

2004”, and Sec. 38, Rule IV of Board Res. No. 07, series of 2004, cited as the
“IRR of the Architecture Act of 2004”, provide that foreign national, who intends
to perform architectural services in the Philippines shall secure a special/
temporary permit from the Professional Regulatory Board of Architecture (the
“Board”), subject to approval by the Professional Regulation Commission (the
”Commission”) upon compliance with all legal and procedural guidelines;

WHEREAS, the issuance of Temporary/ Special Permits for foreign architects to engage
in the practice of the architectural profession as defined under Sections 3.3 and
3.4, Article I of R.A. No. 9266, shall enable the Board to nurture high professional,
ethical, and technical standards of the profession required under such law through
interaction, their architectural specialization, and technology transfers;

WHEREAS, there is clear, urgent, important need to protect the public against fraud,
deception, or ignorance, negligence, and incompetence in the practice of the
architectural profession, or the illegal practice of architecture by foreign architects
and other entities, which may include other professionals/ non-professionals
registered and licensed in other countries or states that may not have reciprocity in
the said practice with the Philippines;

WHEREAS, the attainment of the foregoing objectives will enjoin the Board and the
Commission in collaboration with the Department of Labor and Employment
(DOLE) and the Bureau of Immigration and Deportation and other agencies to
issue and promulgate guidelines for the effective implementation of the laws and
rules and regulations afore-mentioned through identification and imposition of the
corresponding sanctions and penalties on firms, agencies, organizations or
individuals that employ foreign architects engaged in the practice of the
architectural profession who violate R.A. No. 9266 and Sec. 7, (j) and (l) and Sec.
16 of R.A. No. 8981 and the rules and regulations thereof and the Codes of Ethics
and Technical Standards for architects; and

WHEREAS, in the formulation of these guidelines, the Board consulted with the
IAPOA, other associations of architects (provided for under Section 40, Article V
of R.A. No. 9266) and representatives of legitimate firms, agencies, organizations
or individuals who employ foreign architects to engage in the practice of the
architectural profession;

NOW, THEREFORE, the Board RESOLVES, as it is hereby RESOLVED, to require

all foreign architects from countries/states with architectural practice reciprocity
with the Philippines who intend to practice the architectural profession in the
Philippines under Philippine projects, to file an application for and to secure a
Temporary/Special Permit from the Board and the Commission, in accordance
with Sec. 38, Art. IV of R.A. No. 9266 and Sec. 38, Rule IV of Board Res. No. 07,
series of 2004.
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FURTHER, RESOLVED, for the implementation of the afore-stated provisions of law

and IRR, to promulgate the following Guidelines, providing for the procedure on
the issuance of Temporary/ Special Permits to foreign architects for the practice
of architecture in the Philippines under the derivative laws and rules and
regulations:

GUIDELINE I. DEFINITION OF TERMS

SECTION 1. Terms Used. – When used in this Guidelines, the following terms,
consistent with Section 3, Article I of R.A. No. 9266 and Section 3, Rule I of Board Res.
No. 07, Series of 2004 shall have the meaning as indicated:

1) "Architect" means a person professionally and academically qualified, registered

and licensed under R.A. No. 9266 with a Certificate of Registration and
Professional Identification (ID) Card issued by the Professional Regulatory Board
of Architecture (the “Board”) and the Professional Regulation Commission (the
“Commission”), and who is responsible for advocating the fair and sustainable
development, welfare and cultural expression of society’s habitat in terms of
space, forms, and historical context;
a) "Architect-of-record (Aor)" means the architect registered and licensed under
R.A. No. 9266, who is directly and professionally responsible for the total
design of the project for the client and who shall assume the civil liability for
the plans, specifications and contract documents he/she has signed and sealed;
b) "Architect-in-charge of construction (Aicc)" means an architect registered and
licensed under R.A. No. 9266, who is directly and professionally responsible
and liable for the construction supervision of the project;
c) "Consulting Architect'' means the architect registered and licensed or
permitted to practice under R.A. No. 9266, who is professionally and
academically qualified and with exceptional or recognized expertise or
specialization in any branch of architecture;
2) "General Practice of Architecture" means the act of planning and architectural
designing, structural conceptualization, specifying, supervising and giving general
administration and responsible direction to the erection, enlargement or alterations
of buildings and building environments and architectural design in engineering
structures or any part thereof; the scientific, aesthetic and orderly coordination of
all the processes which enter into the production of a complete building or
structure performed through the medium of unbiased preliminary studies of plans,
consultations, specifications, conferences, evaluations, investigations, contract
documents and oral advice and directions regardless of whether the persons
engaged in such practice are residents of the Philippines or have their principal
office or place of business in this country or another territory, and regardless of
whether such persons are performing one or all these duties, or whether such
duties are performed in person or as the directing head of an office or organization
performing them;
3) "Scope of the Practice of Architecture" encompasses the provision of professional
services in connection with the site and physical planning and the design,
construction, enlargement, conservation, renovation, remodeling, restoration or
alteration of a building or group of buildings. Services may include, but are not
limited to:
a) planning, architectural designing and structural conceptualization;
b) consultation, consultancy, giving oral or written advice and directions,
conferences, evaluations, investigations, quality surveys, appraisals and
adjustments, architectural and operational planning, site analysis and other
pre-design services;
c) schematic design, design development, contract documents and construction
phases including professional consultancies;
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d) preparation of preliminary, technical, economic and financial feasibility

studies of plans, models and project promotional services;
e) preparation of architectural plans, specifications, bill of materials, cost
estimates, general conditions and bidding documents;
f) construction and project management, giving general management,
administration, supervision, coordination and responsible direction or the
planning, architectural designing, construction, reconstruction, erection,
enlargement or demolition, renovation, repair, orderly removal, remodeling,
alteration, preservation or restoration of buildings or structures or complex
buildings, including all their components, sites and environs, intended for
private or public use;
g) the planning, architectural lay-outing and utilization of spaces within and
surrounding such buildings or structures, housing design and community
architecture, architectural interiors and space planning, architectural detailing,
architectural lighting, acoustics, architectural lay-outing of mechanical,
electrical, electronic, sanitary, plumbing, communications and other utility
systems, equipment and fixtures;
h) building programming, building administration, construction arbitration and
architectural conservation and restoration;
i) all works which relate to the scientific, aesthetic and orderly coordination of
all works and branches of the work, systems and processes necessary for the
production of a complete building or structure, whether for public or private
use, in order to enhance and safeguard life, health and property and the
promotion and enrichment of the quality of life, the architectural design of
engineering structures or any part thereof; and
j) all other works, projects and activities which require the professional
competence of an architect, including teaching of architectural subjects and
architectural computer-aided design;
4) "Board" refers to the Professional Regulatory Board of Architecture;
5) "Commission" means the Professional Regulation Commission;
6) "Integrated and Accredited Professional Organization of Architects (IAPOA)"
means the existing official national organization of all architects of the
Philippines in which all registered Filipino architects shall be members without
prejudice to membership in other voluntary professional associations;
7) “DFA” shall mean the Department of Foreign Affairs;
8) "DOLE" shall mean the Department of Labor and Employment;
9) “GPPB” means the Government Procurement Policy Board that implements RA
9184 (The Government procurement Reform Act of 2003);
10) “Architectural Documents” means an architectural drawings, specifications, and
other outputs of an Architect that only an Architect can sign and seal consisting,
among others, of vicinity maps, site development plans, architectural program,
perspective drawings, architectural floor plans, elevations, sections, ceiling plans,
schedules, detailed drawings, technical specifications and cost estimates, and
other instruments of service in any form;
11)“Architectural Interiors” means a detailed planning and design of the
indoor/enclosed areas of any proposed building/structure, including retrofit or
renovation work and which shall cover all architectural and utility aspects,
including the architectural lay-outing of all building engineering systems found
therein;
12) “Architectural Plans” means a two (2)-dimensional representations reflecting a
proposed development/redevelopment of an enclosed/ semi-enclosed or open area
showing features or elements such as columns, walls, partitions, ceiling, stairs,
doors, windows, floors, roof, room designations, door and window call-outs, the
architectural layout of equipment, furnishings, furniture and the like,
specifications callouts, elevation references, drawing references and the like; the
architectural plan is the representation of a lateral section for a proposed building/
structure (running parallel to the ground) and at a height of from 1.0 – 1.5 meters
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above the finished floor; the term may also collectively refer to other architectural
designs such as cross/ longitudinal sections, elevations, roof plan, reflected ceiling
plan; detailed sections and elevations showing architectural interiors, detailed
architectural designs, door and window schedules, other architectural finishing
schedules and the like;
13) “Building” means a structure for the purpose and function of habitation and other
uses;
14) “Special/ Temporary Permit” refers to a permit issued by the Commission
through the Board, to foreign architect from a country with reciprocal relations
with the Philippines insofar as the practice of architecture is concerned, signifying
that the individual concerned has successfully passed scrutiny by the Board and is
subsequently allowed by the Commission to practice his/her profession as
Architect in the Philippines for a limited period of time; the Special/ Temporary
Permit can only be issued to an individual foreign architect (a natural person) and
not to foreign architectural firms (juridical persons) and is issued solely for the
practice of architecture or of any of its recognized branches; the document does
not permit the holder to engage in any other profession regulated by the
Commission, in non-regulated professions or in businesses of any kind; the
Temporary/ Special Permit cannot be issued to a foreign architect from a country
with which the Philippines has no reciprocal architectural practice arrangements;
the Special/Temporary Permit is issued only for one (1) project and does not
allow the foreign architect to engage in work for another project not covered by
the permit;
15) “Code of Ethical Conduct” means a document which forms part of the Architects’
National Code which contains the norms and principles governing the practice of
the profession of architecture in the highest standards of ethical conduct; this
document is applicable to foreign architects who are holders of special/ temporary
permits to practice architecture in the Philippines;
16) “Consulting Architect” a registered and licensed Architect, who is academically
and professionally qualified, and with exceptional or recognized expertise or
specialization in any branch of architecture; the Consulting Architect assumes no
civil liability under Art. 1723 of the Civil Code unless he/she attempts and/or
succeeds to interfere or contravene the legal and professional functions of the
Architect-of-Record; the Consulting Architect assumes the normal civil liability
under the service agreement he/she signs with a Client;
17) “Contract Documents” are the documents attached to the agreement identified
therein as Contract Documents, including all additions, deletions and
modifications incorporated therein. These generally include the following
documents:
a) Special Provisions or conditions
b) General Conditions
c) Drawings
d) Specifications
e) Other Bid Documents
18) Foreign Architect” means an architect who is not a Filipino citizen nor an
Architect registered and licensed in the Philippines, but who is duly registered and
licensed in his/her home country as an Architect; the term is legally applicable to
architects from countries with which the Philippines has valid reciprocal
architectural practice arrangements;
19) “Filipino Counterpart” the local Philippine architect (individual or natural person)
or architectural firm, company, partnership corporation or association (juridical
persons) that must work in association with a foreign architect (individual or
natural person), partnership or corporation, on a project on Philippine soil;
20) “Planning” refers to physical planning at site, community or urban level by an
Architect;
21) “Physical Planner” refers to an Architect who specializes in the detailed physical
planning of land or property on which vertical structures such as buildings and/or
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structures and horizontal developments such as rights-of-way, open spaces and

recreational/ sports/ entertainment/ tourism and related facilities are to be
proposed;
22) “Physical Planning” the detailed physical planning of land or property on which
vertical structures such as buildings, monuments and/or structures and horizontal
developments such as rights-of-way, open spaces and recreational/ sports/
establishments/ tourism and related facilities are to be proposed;
23) “Site Planning” the detailed site development planning of all areas surrounding a
building/structure and/or a group of buildings/structures but only within the
property limits of the land on which such buildings/structures are to be erected;
24) “Standards of Professional Practice” means a document embodied in the
Architects National Code, which defines all aspects of professional service,
prescribes minimum basic fees and establishes the rights and obligations of both
the Architect and the client; this document is applicable to foreign architects who
are holders of special/ temporary permits to practice architecture in the
Philippines;
25) “Specialization” an expertise and special knowledge in the field of architecture
acquired by an Architect through formal education and training or through
continuing professional development and experience, for which the Architect may
be engaged as Consulting Architect;
26) “Technology Transfer” refers to contracts or arrangements involving the transfer
of systematic knowledge for the manufacture of a product, the application of a
process, or rendering of a service including management contracts; and the
transfer, assignment or licensing of all forms of intellectual property rights;
27) “Urban Design” physical and systemic design undertaken by an Architect on a
community and urban plane, more comprehensive than, and an extension of the
architecture of buildings, spaces between buildings, entourage, utilities and
movement systems;
28) “Individual architectural practice” refers to the practice of architecture by a
natural person duly registered and licensed by his/ her country of origin/ birth;
29) “Group architectural practice” refers to the practice of architecture by a duly-
registered juridical person i.e. an architectural firm, company, partnership,
corporation or association consisting of two (2) or more natural persons duly
registered and licensed individually (as natural persons) to practice the profession
of architecture by his/ her country of origin/ birth;
30) “Firm” shall refer to a private sector juridical entity such as a duly registered sole
proprietorship, company, partnership, corporation or association and the like,
which engages or employs foreign architects for their project/s; such entities may
include registered architectural firms, other professional firms, construction, real
estate development, and related types of firms;
31) “Agency” shall refer to any office, authority, instrumentality or any public sector
juridical entity and the like of the Philippine national and local governments,
inclusive of government-owned and controlled corporations (GOCCs) and the
like, which engage or employ foreign architects for their project/s;
32) “Organization” shall refer to other private or public sector juridical entities not
defined herein as Agency or Firm which may include institutions, such as schools,
hospitals, research facilities, private non-governmental organizations (NGOs) and
the like, which engage or employ foreign architects for their project/s; and
33) “Individual” refers to a natural person who engages or employs foreign architects
for his/her project/s.
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GUIDELINE II. TEMPORARY/ SPECIAL PERMITS

SECTION 2. Coverage of Temporary/ Special Permits. – In full accordance with Sec. 38,
Art. IV of R.A. No. 9266, foreign nationals who have gained entry in the Philippines to
perform professional services as architects or consultants in foreign-funded or assisted
projects of the government or employed or engaged by Filipino or foreign contractors or
private firms, shall, before assuming the duties, functions and responsibilities as
architects or consultants, secure a 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: Provided, That a foreign national or foreign firm,
whose name or company name, with the title architect, architectural consultant, design
consultant, consultant or designer appears on architectural plans, specifications and other
related construction documents, for securing building permits, licenses and government
authority clearances for actual building project construction in the Philippines and
advertisements and billboards for marketing purposes, shall be deemed practicing
architecture in the Philippines, whether the contract for professional services is
consummated in the Philippines or in a foreign country: Provided, further, That the
following conditions are satisfied as follows:

1) That he/she is 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;
2) That he/she is 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;
3) That 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, in accordance with the established implementing rules and regulations
providing for the procedure for the registration and/or issuance of
temporary/special permits to foreign architects allowed by law to practice their
profession in the Philippines by the Board and the IAPOA; and
4) Firms, agencies, organizations or individuals, whether public or private, who
secure the services of a foreign professional authorized by law to practice in the
Philippines for reasons aforementioned, shall be responsible for securing a special
permit from the Professional Regulation Commission (PRC) and the Department
of Labor and Employment (DOLE) pursuant to PRC and DOLE rules.

SECTION 3. Period of Application for the Temporary/ Special Permit. – Within one (1)
month from the effective date of this Guidelines, all firms, agencies, organizations or
individuals, whether public or private, who secure the services of a foreign architect who
shall be engaged in the practice of the architectural profession, shall register with the
Board and the Commission in the manner provided for herein. Such agencies,
organizations or individuals, whether public or private and the foreign architect/s
concerned shall neither commence nor continue to engage in the practice of the
architectural profession until a valid Temporary/ Special Permit shall have been issued by
the Board and the Commission in full accord with this Guidelines.

SECTION 4. Application for Temporary/ Special Permit. – The application for

temporary/ special permit shall be accomplished in the form prescribed by the Board, in
triplicate, and duly signed by the duly authorized representative/s of the applicant firms,
agencies, organizations or individuals, whether public or private, in satisfaction of Sec.
38, Art. IV of R.A. No. 9266. The application form, hereto attached as Annex “A”, shall
contain such information as may be required by the Board including, but not limited to,
the following data:
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1) the full name and nickname of the foreign architect for which the temporary/
special permit is sought and who shall engage in the general practice of
architecture or in undertaking any part of the scope of architectural practice as
defined under Section 3.3 and 3.4, Article I of R.A. No. 9266; photocopies of the
foreign architect’s passport shall accompany the application;
2) the full name/s of the sole practitioner, partners, incorporators/directors/executive
officers and the like who are registered/ licensed architects and who shall act as
the Filipino counterpart architect, together with copies of their respective
Certificates of Registration, current Professional Identification (“ID”) Cards
issued by the Commission and their Professional Tax Receipts (“PTR”); the full
names of the said architects must match the names appearing in the Certificates of
Registration and the Professional Identification Cards;
3) in case the Filipino counterpart is an architectural firm, submit the Certificate of
Registration from the SEC in the case of companies, partnerships, corporations
and associations and from the DTI in the case of sole proprietorships;
4) Complete and current/updated postal address/es, telephone/ telefax numbers, e-
mail address/es, and website/s (if any) of the principal office, branch/es or sub-
offices as applicable of the following entities:
a) agencies, organizations or individuals, whether public or private, who secure
the services of a foreign architect;
b) the foreign architect; and
c) the local counterpart architect;
5) Statement as to the exact nature of the work of the foreign architect and the
complete and current/updated postal address/es, telephone/ telefax numbers, e-
mail address/es, of the office/s or premises where he/ she will be working and
could be contacted by the Board or Commission if needed;
6) The names of the Directors and Executive Officers appearing in the Articles of
Incorporation on file with the SEC and in the General Information Sheet (GIS)
submitted annually to the SEC of the agencies, organizations or individuals,
whether public or private, who secure the services of a foreign architect;
7) Taxpayer Identification Number (TIN) of the applicant firms, agencies,
organizations or individuals, whether public or private, who secure the services of
a foreign architect; and
8) Current Business Permit of the applicant firms, agencies, organizations or
individuals, whether public or private, who secure the services of a foreign
architect.

SECTION 5. Renewal of Temporary/Special Permit. – The temporary/special permit

issued to a foreign architect shall be renewed by the applicant firms, agencies,
organizations or individuals before its expiry date. Renewals of the Temporary/Special
Permit must indicate changes in work scope that shall take place (or as applicable).

SECTION 6. Action on Application for Temporary/Special Permit. – The Board shall

duly authenticate all applications for temporary/special permit received in the proper and
complete form and, after having passed upon such applications shall, not later than
twenty one (21) days after the application is filed, recommend approval or denial of the
application, to the Commission.

SECTION 7. Issuance of the Temporary/Special Permit. – The Board subject to approval

by the Commission shall issue to the applicant agencies, organizations or individuals the
corresponding Temporary/ Special Permit, allowing the concerned foreign architect to
legally engage in the general practice of architecture or to legally undertake any part of
the scope of architectural practice as defined under Section 3.3 and 3.4, Article I of R.A.
No. 9266 during the permitted period only. Unless sooner revoked, cancelled or
withdrawn, said Temporary/Special Permit shall be valid for the period stated; and shall
be renewed before expiry, upon full payment of the prescribed fees in full accord with
this Guidelines.
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SECTION 8. Use of the Temporary/Special Permit. - The Temporary/Special Permit

number and the name of the foreign architect concerned shall be displayed in a prominent
place on architectural documents, with the pertinent information as to his/ her role in the
preparation of the architectural document/s.

SECTION 9. Roster of Foreign Architects Issued Temporary/Special Permits. – An

official roster listing the names of the foreign architects holding temporary/special
permits and their expiry dates, shall be kept current/ updated by the Board and the
Secretary of the Commission. Copies of such a roster shall be made freely available to all
concerned agencies involved in the review and approval of architectural documents and
shall be made available to the public upon request and payment of the prescribed fee.

SECTION 10. Services that can and cannot be Undertaken by Foreign Architects
Holding Temporary/Special Permits. – A foreign architect holding a temporary/special
permit can gainfully and legally engage in the general practice of architecture and legally
undertake any part of the scope of architectural practice as defined under Section 3.3 and
3.4, Article I of R.A.No. 9266; among such services are the preparation of plans/ designs
relating to architectural, site planning, physical planning, urban design and the like as
well as assistance, coordination or supervision in the preparation of architectural plans
and architectural documents for buildings and the like. While a foreign architect holding
a temporary/special permit can act as a Consulting Architect or as an Architect in charge
of construction (Aicc), he/ she cannot act as the Architect-of-record (Aor), as this
position is reserved solely for the Filipino counterpart, who shall assume the full
professional responsibility and the attendant civil liability for the architectural work,
including the signing and sealing of architectural documents. A foreign architect holding
a temporary/special permit can only engage in group architectural practice in the
Philippines wherein he/ she shall be mandated to work closely with his/ her designated
Filipino counterpart (individual or architectural firm). A foreign architect holding a
temporary/special permit and who engages in individual architectural practice, without a
legal Filipino counterpart-architect shall be deemed to be practicing in willful violation of
R.A. No. 9266 and may be charged accordingly, without prejudice to other state actions.

SECTION 11. Temporary/Special Permit Issued to Foreign Architects Only for One (1)
Project. – A Temporary/Special Permit is issued to a foreign architect for one (1) project
alone. Should the applicant firm, agency, organization or individual desire to engage the
same or other foreign architect for another project, a separate application shall be filed
with the Board and separate permit fees shall also be paid.

SECTION 12. Only Individual Foreign Architects to Hold Temporary/Special Permits. –

Only individual foreign architects (natural persons only) shall be issued and allowed to
hold a temporary/special permit. The privilege is not to be granted to foreign
architectural firms or entities that are in group architectural practice.

SECTION 13. Applicability of Philippine Laws to the Practice of Architecture by

Foreign Architects Holding Temporary/Special Permits. – Philippine laws, especially
R.A.No. 9266, its implementing rules and regulations (IRR) and its derivative
regulations, not limited to the Code of Ethical Conduct and the Standards of Professional
Practice, and R.A. No. 8981 and its IRR and derivative policies all apply to the local
practice of the foreign architect holding a temporary/special permit. It shall be incumbent
upon the Filipino counterpart-architect to thoroughly educate/ instruct/ advise the foreign
architect as to the coverage and applicability of Philippine laws, particularly those that
apply to the planning and design of buildings and their environs and those that apply to
architectural practice.
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GUIDELINE III. VOLUNTARY RETURN OF THE TEMPORARY/ SPECIAL

PERMIT
SECTION 14. Voluntary Return of Temporary/Special Permit. – Foreign architects duly
issued temporary/special permits by the Board and the Commission to engage in the
general practice of architecture or to undertake any part of the scope of architectural
practice as defined under Section 3.3 and 3.4, Article I of R.A. No. 9266 in the Philippines
for a limited period of time, may voluntarily return their temporary/special permits by
filing with the Board a notice in writing stating the reason/s therefor. The notice shall be
duly authenticated and signed by the duly authorized representative of the applicant
firms, agencies, organizations or individuals and/or by the foreign architect himself/
herself. Upon approval/ acceptance of the returned temporary/special permit, the foreign
architect’s name shall be removed from the roster of foreign architects duly issued
temporary/special permits, and both the applicant agency, organization or individual and
the foreign architect shall be notified in writing thereon. A filed notice for the return of a
temporary/special permit may not be withdrawn once it is under review by the Board.

SECTION 15. Who May File the Notice of Voluntary Return of Temporary/Special
Permit and Conditions for Filing. – The applicant agencies, organizations or individuals
or the foreign architect duly issued temporary/special permits may jointly or separately
file the notice. In case only the applicant agencies, organizations or individuals shall file
the notice, the foreign architect should first be properly notified of the fact by the
applicant firms, agencies, organizations or individuals before the notice can be filed with
the Board. A duly notarized certification that the foreign architect has already been
properly notified shall first be executed by a duly authorized representative of the
applicant agencies, organizations, or individuals.
SECTION 16. Filing for the Suspension or Revocation of the Permit. – Any natural or
juridical person, including foreign entities, may file a complaint with the Board for the
suspension or cancellation of temporary/special permits issued to foreign architects,
particularly if the complaint involves the filing with the Board of fraudulent information
as part of the application for temporary/special permits or if it involves the willful
violation of R.A. No. 9266, its implementing rules and regulations including this
Resolution and its derivative regulations.
SECTION 17. Filing for Reinstatement. – Any applicant agency, organization, or
individual and/or foreign architect, who has filed a notice for the voluntarily return of
temporary/ special permits with the Board which has been acted upon by the Board and
the Commission, may file an application anew in full accord with this Guidelines.
SECTION 18. Conflict Resolution between the Applicant Agency, Organization or
Individual and the Foreign Architect Holding the Temporary/Special Permit as
Applicable to the Filing of the Notice of Return – In case of conflict between the
applicant firm, agency, organization or individual and the foreign architect on the matter
of voluntary return of the temporary/special permit or of the need to cancel or reinstate
the same, the Board shall schedule one (1) hearing, attended by one (1) Board member
before issuing its decision. The Board’s decision may be appealed with the Commission.
SECTION 19. Cessation to Practice as a Foreign Architect Holding a Temporary/
Special Permit. – Upon receipt from the Board of the written notice of its acceptance of
the return of the temporary/special permit, the foreign architect shall immediately cease
to engage in the general practice of architecture or to undertake any part of the scope of
architectural practice as defined under Section 3.3 and 3.4, Article I of R.A. No. 9266.
SECTION 20. Publication of the Roster of Returned Temporary/Special Permits. – The
Board, motu proprio, may publish the roster of foreign architects with returned
temporary/ special permits, and shall freely furnish copies of the roster to pertinent
government regulatory agencies.
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GUIDELINE IV. EXISTING OR OPERATING FIRMS OR ENTITIES

THAT FAIL OR REFUSE TO APPLY FOR TEMPORARY/ SPECIAL
PERMITS FOR THEIR FOREIGN ARCHITECT/S

SECTION 21. Notice of Violation and Cessation of a Foreign Architect from the Practice
of the Architectural Profession. – Upon receipt from the Board of a written Notice of
Violation that a foreign architect under its employ is not a holder of a temporary/ special
permit, the recipient firm, agency, organization or individual must immediately take steps
to file an application for the issuance of a temporary/ special permit with the Board and
likewise take immediate steps to cause the foreign architect to cease to engage in the
general practice of architecture or to undertake any part of the scope of architectural
practice as defined under Section 3.3 and 3.4, Article I of R.A. No. 9266. Failing thus, the
recipient of the Board Notice of Violation may be charged accordingly by the state for
violation of multiple provisions of R.A. No. 9266, particularly for the act of engaging in
the illegal practice of architecture, in a manner prescribed under law.

SECTION 22. Publication of Roster of Foreign Architects Who Do Not Hold Temporary/
Special Permits. – The Board, motu proprio, may publish the roster of foreign architects
who do not hold temporary/ special permits and who cannot legally engage in the general
practice of architecture nor legally undertake any part of the scope of architectural
practice as defined under Section 3.3 and 3.4, Article I of R.A. No. 9266, and shall freely
furnish copies of such a roster to pertinent government regulatory agencies such as the
HLURB and the GPPB or to line agencies such as the DPWH, DILG, DFA, DE and the
like. Foreign architect from countries/states with which the Philippines has no reciprocity
in architectural practice shall automatically become part of such a roster.

SECTION 23. Coordination with the National and Local Governments on the Matter of
Non-Complying Firms, Agencies, Organizations, Individuals or Foreign Architects. –
The Board shall make the necessary representations with the national and local
governments for the necessary action/s to ensure full compliance with Section 38, Article
IV of R.A. No. 9266 and Section 38, Rule IV of Board Res. No. 07, series of 2004 by non-
complying entities that continue to employ foreign architects who are not holders of
temporary/ special permits to practice architecture. This may include Board’s request to
suspend or revoke the SEC, or DTI registrations, or HLURB licenses to sell, or business
permits of such firms or entities.

GUIDELINE V. FEES AND PENALTIES

SECTION 24. Permit Fee. – The application for the issuance of a temporary/special
permit, or its renewal or request for re-issuance, shall be accompanied by a fee of one
hundred US dollars only (USD100.00) to be collected and charge by the Commisssion, or
the fee that the Commission charges and collects as approved by the Office of the
President.

SECTION 25. Suspension or Cancellation of the Temporary/Special Permits. – After due

notice and hearing, the Board shall have the power to suspend, or cancel the Temporary/
Special Permit of the concerned foreign architect for cause, in full accord with this
Guidelines.

SECTION 26. Specific Violations of This Resolution/ This Guidelines. – Among the
specific violations of this Resolution/this Guidelines are:
1) engaging in the practice of architecture in the Philippines without a Special/
Temporary Permit or without having conformed to the provisions of R.A. No.
9266;
2) presenting or attempting to use as his/ her own the Special/Temporary Permit of
another foreign architect;
3) giving any false or forged evidence of any kind to the Board and the Commission;
 11

4) attempting to use a revoked or suspended Special/Temporary Permit;

5) using or advertising any title or description tending to convey the impression that
the foreign architect is legally engaged in the general practice of architecture or
legally capable of undertaking any part of the scope of architectural practice as
defined under Section 3.3 and 3.4, Article I of R.A. No. 9266, without holding a
valid Special/Temporary Permit;
6) employing foreign architects from countries with which the Philippines has no
reciprocal architectural practice arrangements; and
7) violating any of the provisions of R.A. Nos. 9266 and 8981 and their
implementing rules and regulations and of this Guidelines.
SECTION 27. Penal Provisions. – Consistent with Section 29, Article IV of R.A. No.
9266, any person (natural or juridical) who shall violate any of the provisions of R.A. No.
9266 (specifically Section 36), its implementing rules and regulations (particularly under
this Resolution), the Code of Ethical Conduct and Standards of Professional Practice, or
any policy of the Board and the Commission, shall be guilty of misdemeanor and charged
in court by the Commission and/or the Board, or by any person and shall, upon
conviction be sentenced to a fine of not less than One hundred thousand pesos
(Pl00,000.00) but not more than Five million pesos (P5,000,000.00) or to suffer
imprisonment for a period not less than six (6) months or not exceeding six (6) years, or
both, at the discretion of the Court. Violation of Section 7 (k) and (l) of R.A. No. 8981
shall be punishable under Sec. 16 of the said law.
GUIDELINE VI. SEPARABILITY CLAUSE, REPEALING
CLAUSE, AND EFFECTIVITY
SECTION 28. Separability Clause. – If any provisions or portions of this set of
guidelines are declared not constitutional or not valid, the remainder thereof shall not be
affected by such declaration.
SECTION 29. Repealing Clause. – Any provisions of the rules and regulations, codes,
orders, resolutions or measures, policies or parts thereof issued by the Board and/or the
Commission pursuant to R.A. No. 9266 and the IRR thereof, R.A. No. 8981 and the IRR
thereof which are inconsistent with this Board Resolution, or Guidelines, are hereby
superseded, repealed, or amended accordingly.
SECTION 30. Effectivity. – This Guidelines shall take effect after fifteen (15) days
following the complete and full publication thereof in the Official Gazette or any
newspaper of general circulation in the Philippines.
Done in the City of Manila, this th day of , 2008.
ARMANDO N. ALLI
Chairman
ANGELINE T. CHUA CHIACO MARIETTA B. SEGOVIA
Member Member
ATTESTED:
CARLOS G. ALMELOR
Secretary
Professional Regulatory Boards
Approved as part of the Rules and Regulations governing the practice of Architecture,
this th day of , 2008, in the City of Manila.
LEONOR TRIPON-ROSERO
Chairperson
RUTH RAÑA PADILLA NILO L. ROSAS
Commissioner Commissioner
O-COMI/PRB-ARC/D-SRB
ANA/CGA/mst
 12

Form No. 02 ANNEX “A” No.

_______________
October 2007 Date:
_______________

PROFESSIONAL REGULATION COMMISSION

PROFESSIONAL REGULATORY BOARD OF ARCHITECTURE

REVISED APPLICATION FORM FOR THE ISSUANCE OF A TEMPORARY/SPECIAL PERMIT

(TSP) FOR A FOREIGN ARCHITECT (FA) TO PRACTICE ARCHITECTURE IN THE
PHILIPPINES

A. INFORMATION CONCERNING THE APPLICANT FIRM/S AGENCY, ORGANIZATION

OR INDIVIDUAL (to be filled up by the Philippine-Registered Firm or Individual hiring
the Foreign Architect)

1. Name of Firm, Agency, Organization or Individual:

1.a Full Name
_________________________________________________________________
1.b Abbreviated or Commonly Known Name
_________________________________________________________________
2. Category:
2.a  Firm/s
( ) Sole Proprietorship
( ) Partnership/Company
( ) Corporation
( ) Association

Abbreviated or Commonly Known Name of the Associated Firms:

__________________________________________________________
( ) Joint Venture

Abbreviated of Commonly Known Name of the Joint Venture Firms:

__________________________________________________________
( ) Others
__________________________________________________________
2.b  Organization (Non-government Entity)
2.c  Agency (Government Entity)
2.d  Individual

3. Full Name of Partners/ Citizenship Professional Issuing Position in Firm/

Directors/Trustees License No. Authority Agency/Organization
______________________ __________ __________ __________ _________________
______________________ __________ __________ __________ _________________
 13

______________________ __________ __________ __________ _________________

______________________ __________ __________ __________ _________________
______________________ __________ __________ __________ _________________
______________________ __________ __________ __________ _________________
______________________ __________ __________ __________ _________________
______________________ __________ __________ __________ _________________
4. Certificate of Registration
4.a DTI Registration No. _____________________ Date ______________________
(Sole Proprietorship)
4.b SEC Registration No. ____________________ Date ______________________
(Partnership, Corporation, Foundation & Joint Venture)
5. Business Permit No. and Date ____________________ ______________________
6. Taxpayer Identification Number (TIN) ___________________
7. Complete and Current Address of the Principal Office _____________________________
________________________________________________________________________
8. Tel: __________________ Fax: __________________ E-mail:______________________
9. Name/Address of Branch(es) Sub-Office(s), if any
________________________________________________________________________
________________________________________________________________________
10. Project where Foreign Architect shall be involved:
10.a Name of project: ______________________________________________________
10.b Location of project: ____________________________________________________
10.c Location of Office where Foreign Architect shall work: ________________________
10.d Tel. No. of Office _____________________________________________________
11. Statement as to the exact nature of work of the Foreign Architect
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

12. Period of Requested Local Architectural Practice for the Foreign Architect:
__________ days/s (from ______________ 20____ through ________________ 20____)
__________ week/s (from ______________ 20____ through ________________ 20____)
__________ month/s (from ______________ 20____ through ________________ 20____)

13. Expiry Date of the Temporary/Special Permit for the Foreign Architect (to be filled up by
PRC)

________________________________________________________________________

Note: The Temporary/Special Permit for the Foreign Architect shall be generally
renewable and/or subject for renewal based on project duration. A re-filing of this
 14

application is required seven (7.0) calendar days before expiry date. A minimum
25% surcharge shall be imposed for late re-filing.

INFORMATION CONCERNING THE FOREIGN ARCHITECT

1. Do you have an ASEAN or APEC Registry as an Architect?

1.a ASEAN  Yes  No
1.b APEC  Yes  No
Note: You may still proceed with this application even if the answer is NO.

2. PERSONAL INFORMATION

2.a Full Name: _________________________________________________

2.b Abbreviated or Commonly Known Name: _________________________
3. Specialization/s:
 Pre-Design  Urban Planning/Design
 Site Planning  Contract Documents
 Space Planning  Construction Supervision
 Architectural Design  Project or Construction Management
 Architectural Interiors  Others, please specify ___________
4. Country/state of Origin
4.a Country/state of birth __________________________________________
4.b Country/state where the professional certificate and/or license to practice architecture
was first issued ______________________________________________
4.c Other Country/ies/states where professional certificate and/or license to practice
architecture has been issued ____________________________________
4.d Country/state where the professional has practiced architecture in the last 12 months
___________________________________________________________
5. Passport Number & Issuing Country/state: ____________________________________
6. Details of Registration of Architect
6.a Country/state ____________________________________________________
6.b Registration Number ______________________________________________
6.c Expiry Date of Architect’s License____________________________________
6.d Name of Professional Association______________________________________
6.e Address/E-mail Address & Tel. No. of Professional Association _______________
_______________________________________________________________________
_______________________________________________________________________
7. Does his/her country/state have reciprocal architectural practice relations with the Philippines?
(To be filled up by PRC)  YES  NO

C. INFORMATION CONCERNING THE FILIPINO COUNTERPART

1. PRC-Registered Name and Information of the Filipino Counterpart Architect

 15

1.a Full Name of the RLA or Registered and Licensed Architect (name appearing in
the Professional Identification Card (PIC)
_________________________________________________________________
1.b Certificate of Registration No. ___________ Date of Registration ____________
1.c PIC Expiry Date ____________________________________________________
1.d IAPOA No. __________________________ Date _________________________
1.e Name of Architectural Firm ___________________________________________
1.f Position/s in Firm ___________________________________________________
1.g Complete and Current Address of Firm __________________________________
Tel. Nos., e-mail ____________________________________________________
1.h Complete and Current Address of Individual _____________________________
Tel. Nos., e-mail ____________________________________________________
2. PRC-Registered Name and Information if the Filipino Counterpart is an Architectural Firm
2.a Full Name of Registered Architectural Firm _______________________________
2.b Certificate of Registration No. _____________ Date of Registration __________
PIC Expiry Date __________________________________________
2.c Complete and Current Address of Architectural Firm’s Principal Office
_________________________________________________________________
2.d Tel/s _____________________ Telefax/es/Fax/es _____________________
E-mail/s___________________ Website/s or URL/s _______________________

CERTIFICATION

This certifies that the foregoing information/entires are true and correct on my own knowledge

______________________________________________ __________________________
Name/Signature of the Foreign Architect Date of Signing

______________________________________________ __________________________
Name/Signature of Duly-Authorized Date of Signing
Representative Filing this Application
Position/s of Representative in the Applicant Firm/s/Agency/Organization hiring the foreign architect
______________________________________________________________________________
(Attach the covering Resolution of the Applicant’s Board of Directors/Trustees or Applicant Firm’s
Secretary’s Certificate as applicable)

_____________________________________________ __________________________
Name/Signature/Dry seal of the Counterpart Architect/ Date of Signing
Representative of the Counterpart Architectural Firm

_____________________________________________ _________________________
PRC registration Number of the Counterpart Architect/ (or PRC Date of Expiry
Registration Number of the Counterpart Architectural Firm)
 16

ACKNOWLEDGEMENT

Republic of the Philippines) s.s.

City of _______________ )

Personally appearing before me are:

1. __________________________________________, the Duly-Authorized Representative

Filing this Application; and Community Tax Certificate No. _______________ issued at
_______________ on _________________, and

2. __________________________________________, the Counterpart Architect or

Representative of the Counterpart Architectural Firm with their respective Community Tax
Certificate No. _______________ issued at _______________ on _________________,
and
known to me to be the same person who executed the foregoing instrument and
acknowledges the same to be his/her free voluntary act and deed.

______________________
PRC Administering Officer

Notes:
1. The following documents must accompany the application

a. Copies of Copies of Certificates/Articles of Partnership or Incorporation/DTI

Registration Certificate, current General Incorporation Sheet (GIS) and
authorizations, which must all be signed or initialed by the duly authorized
representative (for Firms/Agencies/Foundations/Organizations);
b. a maximum two (2)-page CV or resume of the foreign architect;
c. a maximum two (2)-page information sheet on the applicant firm, agency or
organization; or a maximum one-half (1/2)-page information sheet on the applicant
individual;
d. a maximum one (1)-page information sheet on the project;
e. additional sheet/s if still needed, must all be signed or initialed by the duly authorized
representative and certified as true and correct;

2. Incomplete applications or attachments shall not be processed by the Board;

3. Definitions

a. “Firm” shall refer to a private sector juridical entity such as a duly registered sole
proprietorship, company, partnership, corporation or association and the like which
engage or employ foreign architects for their project/s. Such entities may include
registered architectural firms, other professional firms, construction, real estate
development and related types of firms;
b. “Agency” shall refer to any office, authority, instrumentality or any public sector juridical
entity and the like of the Philippine national and local governments, inclusive of
government-owned and controlled corporations (GOCCs) and the like, which engage
or employ foreign architects for their project/s;
c. “Organization” shall refer to other private or public sector juridical entities not defined
herein as Agency or Firm which may include institutions such as schools, hospitals,
research facilities, private non-governmental organizations (NGOs) and the like, which
engage or employ foreign architects for their project/s;
d. “Individual” refers to a natural person who engages or employs foreign architects for
his/her project/s;
 17

e. “Foreign Architect” Sec. 38 of R.A. No. 9266 and its IRR refers to foreign nationals and
provides that the following conditions are satisfied as follows:

ei. That he/she is 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;
e2. That he/she is 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;
e3. That 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, in accordance with the established implementing rules and regulations
providing for the procedure for the registration and/or issuance of
temporary/special permits to foreign architects allowed by law to practice their
profession in the Philippines by the Board of Architecture and the accredited
professional organization; and
e4. Agencies, organizations or individuals whether public or private, who secure the
services of a foreign professional authorized by law to practice in the Philippines
for reasons aforementioned, shall be responsible for securing a special permit
from the Professional Regulatory Board of Architecture(PRBoA) and Professional
Regulation Commission (PRC) and the Department of Labor and Employment
(DOLE) pursuant to PRC and DOLE rules.

4. The following procedure for the registration and/or issuance of temporary/special permits
to foreign architects are hereby prescribed:

a. A visa and work permit by appropriate government agencies shall be required.

b. Within thirty (30) calendar days after the commission/appointment date, the
commissioning party shall be responsible to secure the Temporary/Special Permit from
Board subject to approval by the PRC. DOLE, upon his/her compliance with the
qualifications required and receipt of a copy of the said Temporary/Special Permit,
shall issue the employment permit.
c. In the absence of a bilateral agreement, the foreign national shall submit documentary
proof or evidence allowing Filipino architects to practice the profession in their home
country/state without any limitation for Board evaluation.
d. Technology transfer and/or specialization must be identified and substantiated
consistent with his expertise.
e. A Filipino counterpart shall be the architect-of-record, with his/her duties, functions and
responsibilities duly defined in a covering agreement and under law.
f. Advertisements and billboards for marketing/promotion purposes shall prominently
display the name of the architect-of-record. Failure to comply therewith shall be subject
to penalties in accordance with the rules promulgated by PRBoA and/or PRC.
g. Upon issuance of the temporary/special permit, the foreign national may become a
member of the United Architects of the Philippines, Inc. subject to the rules and
procedure on UAP membership.