Professional Practice - Ra 9266.docx

IRR of RA9266  The Implementing Rules and Regulation (IRR) of Republic Act No. 9266,  “An Act to Regulate Professional Practice of Architecture in the Philippines Rules Contents 1 Title , Policy Statement, Definition of Terms and Scope of Practice 2 Professional Regulatory Board of Architecture (PRBOA), Organization, Powers and Function. 3 Examination, Registration and Licensure 4 Practice of Architecture 5 Final Provisions

Scope of the practice of Architecture Structural Conceptualization

Rule I Title, Policy Statement, Definition of Terms and Scope of Practice. Sections Content 01 Title  The Rules and Regulations of Implementing The Provisions of Republic Act No. 9266 02 Statement Policy  The State recognizes the importance of architects in nation bldg. and development.  Shall develop and nurture professional architects… through… licensure exams. and through regulatory measures, program and activities… 03 Definition of Terms

Commission Service Agreement

Definition of Terms Architecture Art, Science or profession of planning, designing and constructing buildings… with the principles of utility, strength and beauty. Architect Professionally and academically qualified, registered and licensed under RA 9266, …by PRBOA and PRC  Architect-of-record Responsible and liable for total design  Architect-in-charge of construction Responsible and liable for construction supervision  Consulting Architect With exceptional or recognized expertise or specialization in any branch of architecture General Practice The act of planning and architectural of Architecture designing, structural conceptualization, specifying, supervising and giving administration/direction to the erection, enlargement or alterations of buildings.

Architectural Firm Authorship

Board

IAPOA

Continuing Professional Development DTI SEC Association

Architectural Company Architecture Corporation Architectural Documents Architectural Interiors Architectural Partnership Architectural Plans Building Certification of Registration Code of Ethical Conduct

Services in connection with the site, physical and planning and the design, construction… of a building/s. Act of conceiving choosing and developing…the structural elements of an architectural work. Sole proprietorship, a partnership or corporation registered with the DTI/SEC and then with the BOA and PRC Author/s of a set of architectural plans or specifications who are in charge in their preparation Professional Regulatory Board of Architecture Profesional Regulatory Commission Duly notarized written contract…stipulating the scope and guaranteeing compensation… by RLA (Integrated and Accredited Professional Organization) existing official organization of all architects of the Philippines. Sustaining and progressive learning process that maintain, enhances or increases the knowledge and continuing ability of architects Department of Trade and Industry Securities and Exchange Commission Any formal grouping of 2 or more architects/firms working in joint venture on a project basis. Juridical entity that shall be synonymous with an Archt.’l Partnership registered with SEC Group of professionals in architecture and allied professionals. (75% Architects) Architectural drawings, specifications and other outputs that only an architect can sign and seal Detailed planning and design of the indoor/enclosed areas of any proposed bldg./structure. A group of 2 or more architects duly registered with the SEC and BOA 2-D representations reflecting proposed development/redevelopment of an area (1.0-1.5m above finished floor) A structure for the purpose and function of habitation and other uses A certificate bearing a registration number, issued to an individual, by the PRC through the BOA. Document which forms part of Architect’s National Code

Consulting Architect Contract Documents

Copyright

CPD Providers

Diversified Architectural Experience Foreign Architect Filipino Counterpart Ownership Planning Physical Planner

Physical Planning Professional Professional Identification Card Site Planning SPP

Sole Proprietorship Specialization Syllabi Technology Transfer

Acronyms and Laws

RLA with exceptional or recognized expertise or specialization in any branch of architecture.  Special Provision or Conditions  General Conditions  Drawings  Specifications  Other Bid Documents Intellectual Proprietary rights retained by the Architect over any Architectural Document/s work that he/she prepares. Delivers seminars, lectures, and other continuing professional education modules credited by the PRBOA. Post-baccalaureate, pre-licensure experience of 2-years required of a graduate of architecture An architect who is not Filipino Citizen nor RLA, but registered in home country. Local Architect, partnership or corporation that must work in association with a foreign architect. Propriety rights of an architectural work Physical planning at site, community or urban level An architect who specializes in the detailed physical planning of land or property Detailed physical planning of property A person whose name and registration /professional license is entered in PRC A document bearing the registration number, date of issuance with an expiry (3years) date, Duly signed by PRC Chairperson. Detailed site development planning of all areas surrounding a structure. Standard of Professional Practice, define all aspect of professional service, prescribe minimum basic fees and establishes the right obligations. Registered individual Architect practicing and delivering architectural services An expertise and special knowledge The outlines embodying topics and concepts of major subjects Contracts or arrangements involving the transfer of systematic knowledge, assignment or licensing of all forms of intellectual property rights

Acronyms and Laws RA No. 9266 Architecture Act of 2004 BOA Board of Architecture CHED Commission on Higher Education CIAC Construction Industry Arbitration Commission CPD Continuing Professional Development DOLE Department of Labor and Employment DTI Department of Trade and Industry IAPOA Integrated Accredited Professional Organization of Architects RA No. 8293 Intellectual Property Code of the Philippines PCAB Philippine Contractors Accreditation Board PDCB Philippine Domestic Construction Board PRB Professional Regulatory Board PRC Professional Regulatory Commission RA No. 8981 PRC Modernization Act of 2000 SEC Securities and Exchange Commission UAP United Architects of the Philippines, Inc. Rule II Professional Regulatory Board of Architecture: Organization, Powers and Functions Sections Contents 04 Creation and Composition of the Professional Regulatory Board  PRBOA referred as Board, PRC as Commission  (1) Chairman and (2) members  Appointed by the Philippine President, from a list of (3) recommendees chosen from (5) nominees submitted to the PRC by IAPOA 05 Qualifications of Members of the Professional Regulatory Board  Be a citizen and a resident of the Philippines  BS Architecture degree accredited by CHED  10 years’ active practitioner  Not a member of the faculty of any school or review institution for at least (5) years  Never convicted of any crime (moral turpitude)  Not an elective officer of the IAPOA and other Professional Organization of Architects 06 Term of Office  3 years after appointment or until successors  Vacancy shall be filled for the unexpired portion of the term only.  May reappointed for one full term  Chairman (3 years), member (2 years) and member (1 year) 07 Powers and Functions of the Board  Prescribe and adopt IRR of the Architecture Act of 2004.  Supervise the registration, licensure and practice of architects

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 Administer oaths in connection with administration of RA 9266  Issue, suspend, revoke or reinstate the Certificate of Registration and the Professional Identification Card for the practice of Archt’re  Adopt an official seal of the Board  Monitor the conditions affecting the practice of architecture and adopt such measures  Prescribe and/or adopt, Code of Ethical Conduct & Standards of Professional Practice  Hear and decide administrative cases involving violations of RA 9266, Code of Ethical Conduct and Standards of Professional Practice  Prescribe guidelines for the CPD program in consultation with IAPOA  Prepare, adopt, issue or amend the syllabi of the subjects for examinations  Approve, issue, limit or cancel temporary or special permit to practice architecture  Ensure that all institution offering architecture comply with the policies, standards and requirements of the course  To a adopt a program for the full computerization of the licensure examination  Discharge such other duties and functions for the enhancement of the archt’re profession Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support Services  Shall be under the administrative supervision of the Commission  All records of the Board, and documents… conducted by the Board shall be under custody of the Commission  Commission shall designate the Secretary of the Board and shall provide the secretariat and support services to implement RA9266 Grounds for Suspension or Removal of Members of the Board  Neglect of duty or incompetence  Violation or tolerance of the violation of Ra 9266, Code of Ethical Conduct and SPP  Final judgement of crimes involving moral turpitude  Manipulation or rigging of the architecture licensure examination results  Shall be guided by Sec. 7(s) of RA 8981 Compensation and Allowances of the Board  Shall receive compensation and allowances comparable to that received of existing regulatory boards Annual Report  The Board shall submit an annual report to the Commission after the close of each year

Rule III Examination, Registration and Licensure Sections Content 12 Examination Required  All applicants… shall be required to undergo a licensure examination 13 Qualifications of Applicant for Examination  Filipino Citizen (Foreign qualified by Sec. 27, Art. IV of RA 9266  Good moral character  BS Architecture degree+ 2 years’ diversified experience (Master’s degree = 1 year)  Not convicted of any criminal offense involving moral turpitude Documents  Certificate of Live Birth in NSO Security Paper  Marriage Contract (if married female)  College Diploma with date  Transcript of Records with date  Diversified Training Form (DT Form 001)  Diversified Training Form (DT Form 002)  Architect-Mentor Affidavit  Photocopy of Architect-Mentor’s valid Professional Identification Card, Professional Tax Receipt and IAPOA number  NBI Clearance  Other documents that the Board may require 14 Subjects for Examination  History of Architecture  Theory of Architecture  Architectural Practice  Theory and Principles of Planning  Structural Design  Building Materials and Methods of Construction  Utilities  Urban Design  Architectural Interiors  Architectural Design and Site Planning 15 Rating in the Licensure Examination  Must obtain a weighted general average of (70%) with no grade lower than (50%) in any given subject 16 Report of Ratings  The Board shall submit to the Commission the rating obtained by each candidate within (30) days after examination  Upon release, the Board shall send by mail the rating received by each examinee  The report of rating may be distributed during mass oathtaking as new RLA 17 Oath

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 All successful candidates in the examination shall be required to take an oath of profession Issuance of Certificates of Registration and Professional Identification Card  A Certificate of Registration and Professional Identification Card shall be issued to examinees who pass the licensure examination subject to payment of fees prescribe by the Commission  Certificate of Registration shall remain in full force until withdrawn, suspend or revoked  Professional Identification Card (PIC) shall be subject to payment of the annual registration fees for another and every after 3 years Roster of Architects  A roster showing names and place of business including other personal material and relevant data of all registered professional architects… Seal, Issuance and Use of Seal  Each registrant shall obtain seal of such design as the Board shall authorize and direct  No officer or employee of this Republic… shall accept or approve… which have not been so prepared and signed and sealed by the author  Unlawful for any Archt. to sign name, affix seal or use any other method of signature on archt’l documents under another architect’s supervision  Drawings and specifications duly signed, stamped or sealed, as instruments of service, are the intellectual properties and documents of the architect  All architectural plans, design etc… shall bear the seal and signature only of RLA Indication of Certificate of Registration/Professional Identification Card and Professional Tax Receipt  The Architect shall be required to indicate the no. of Certificate of Registration and PIC with its date of issuance and the duration of validity, including Professional Tax Receipt number Refusal to Issue Certificate of Registration and Professional Identification Card  The Board shall not register and issue a Certificate of Registration and PIC to any person who has falsely sworn/misinterpreted in application of examination (or convicted)  The Board shall give applicant a written statement setting forth the reasons for such actions  The registration shall not be refused and a name shall not be removed from roster of architects on conviction on political offense (or similar)

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Suspension and Revocation of Certificates of Registration, Professional Identification Card or the Special/Temporary Permit  Has signed and affixed or permitted to be signed of affixed name or seal on architectural works not prepared by him/her or not executed under immediate supervisor  Paid money except regular fees provided for to secure Certificate of Registration  Falsely impersonated ex/practitioner  Aided or abetted in the practice of architecture any person not duly authorized to practice architecture in the Philippines  Openly solicited projects by actually undertaking architectural services without valid service agreement guaranteeing compensation of services  Violated any provision of RA No. 9266, its IRR, the Code of Ethical Conduct and SPP Re-issuance or replacement of Revoked or Lost Certificates of Registration, Professional Identification Card or Special and Temporary Permit  The Board may, after 2 years form the date of revocation… exempt applicant from taking another examination

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31 Rule IV Practice of Architecture (Sundry Provisions) Sections Content 25 Registration of Architects Required  No Person shall practice architecture in this country or use title Architect”, unless have received from the Board a Certificate of Registration and be issued a PIC 26 Vested Right. Architects Registered When This Law Passed  All architects registered at the time this law takes effect shall automatically be registered under the provision 27 Reciprocity Requirements  Foreign Citizen shall not be allowed to take licensure examination unless (proven by Court) his/her country admits Filipino to the practice of the same profession without restriction  Must a letter or any documents, requesting the Chairman of BOA to allow the foreign applicant  If satisfactorily to the Board, must submit the ff.:  Any official document issued by the Bureau of Immigration and Deportation allowing the applicant to enter and reside the Philippines  Present his/her Passport for examination

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 Authenticated copy of Transcript of Records or equivalent  Other documents may require by Board Continuing Professional Development  All practicing architects shall maintain a program of continuing professional development Prohibition in the Practice of Architecture and Penal Clause  Any person who shall violate any provisions of RA 9266, its IRR, the Code of Ethical Conduct and SPP, or any policy of the Board and Commission shall be guilty of misdemeanor  Upon conviction be sentenced to fine of not less than (P100,000) but not more than (P5,000,000)  Or to suffer imprisonment for a period not less than (6 months) or not exceeding (6 years) or both at the discretion of the Court Prohibition in the Practice of Architecture  Any person or entity, who hall force RLA to perform any architectural services without first executing a service agreement, shall be guilty of a misdemeanor  Fine not less than (P200,000) or to imprisonment not exceeding (6 years) or both Liability of Representative of Non-Registered Persons  Unlawful to seek to avoid provisions of RA 9266 by having a representative or employee seek architectural work on their behalf unless such persons RLA Signing and Sealing of Architectural Plans, Specifications, Architectural Permit and Other Contract Documents  Unlawful for any archt. to sign, seal or use any other method of signature on documents made under another archt.’s supervision, unless such work he/she actually performed.  Architect-of record shall be fully responsible for all architectural plans, specifications, and other documents issued under his/her seal or authorized signature.  15 years civil liability under Art. 1723 of Civil Code Ownership of Plans, Specifications and Other Contract Documents  Drawings and specifications and other contract documents duly signed, stamped or sealed, as service, are the intellectual property and documents of the archt., whether the object… is executed or not.  All architects shall incorporate this provision in all contract documents

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Non-Registered Person shall not Claim Equivalent Service  Persons not registered as an archt. shall not claim nor represent either services or work as equivalent to those of RLA, even though no title “Architect” is used. Positions in Government Requiring the Service of Registered and Licensed Architects  Within (3years in effect of RA 9266) all existing and proposed positions in the government requiring the services of an architect shall be filled only by RLA. Collection of Professional Fees  Unlawful for any unregistered person to collect a fee for architectural service except as representative of a RLA. Limitation to the Registration of a Firm, Company, Partnership, Corporation or Association  Only Filipino RLA may, among themselves, or together with allied professionals, form and obtain registration  RLA shall compose at least (75%) of the owners, shareholders, members, incorporation, directors, executive officers  Individual members shall be responsible for their individual and collective acts as an entity  Shall be registered with the SEC and the Board Coverage of Temporary/Special Permits  Subject of a country which specifically permits Filipino professional to practice, on the same basis as the subjects or citizens of such state  Legally qualified to practice architecture in own country, in aspects of technology transfer  Shall be required to work with Filipino Counterpart  Who secure the foreign service, shall be responsible for securing a special permit form PRC and DOLE  Visa and work permit shall be required  Within (30 days), the commissioning party shall be responsible to secure Temporary/Special Permit  Foreign national shall submit proof or evidence allowing Filipino architects to practice in their home country  Technology transfer must be identified  A Filipino counterpart shall be architect-ofrecord  Advertisements and billboards shall prominently display the name of the architectof-record  Foreign national may become member of UAP. Liability Insurance of a Person or Entity Allowed to Practice under Temporary/Special Permit

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Foreign nationals wanting to engage in the general practice of architecture, must secure locally their professional liability insurance or malpractice insurance or equivalent

Rule V Final Provisions Sections Content 40 Integrated Architecture Profession  The Architecture Profession shall be integrated into one national organization  UAP is the existing IAPOA, duly accredited by Board subject to approval by the Commission, registered by SEC  An architect duly registered with the PRC shall automatically become a member of the UAP  Members shall be required to provide their IAPOA membership number and receipt number together with PRC registration number and PTR Functions and duties shall be  Nominations to the vacancy of positions to the BOA  Responsibility of preparing a program of CPD  Endorsement of the practice of foreign nationals to be issued temporary/special permit  Recommendation of compliance with liability insurance under temporary/special permit  Monitoring compliance and endorsing to/or filing a complaint for the violation of RA 9266  Other as may be prescribed by the BOA 41 Implementing Rules and Regulations  Within (60 days) after effectivity of RA 9266, shall adopt and promulgate such rules and regulations, Code of Ethical Conduct and SPP to carry out provisions (15 days after publication) 42 Appropriations  The Chairperson of the PRC shall immediately include the Commission’s program the implementation of RA 9266 43 Act Not Affecting Other Professionals  RA 9266 shall not be construed to affect or prevent the practice of any other legally recognized profession 44 Enforcement of the Act  It hall be primary duty of the Commission and the Board to effectively enforce the provisions of RA 9266 and its IRR  Secretary of Justice shall act as legal adviser 45 Severability Clause

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 If, any section or provisions of this IRR is declared unconstitutional/invalid the remainder of this IRR shall not be affected Repealing Clause  Any rules, regulations etc., which are inconsistent with this IRR are hereby superseded, repealed or amended accordingly Effectivity  Upon approval be effective after (15 days) following its full and complete publication