RA 9266 Flashcards

1
Q

R.A. 9266

A

The Architecture Act of 2004

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2
Q

REPEALING CLAUSE
▪ RA 9266 repeals ____, otherwise known as
“An Act To Regulate The Practice Of Architecture
In The Philippines”

A

RA 545,

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3
Q

FULL TITLE OF RA 9266

A

▪ An act providing for a more responsive and
comprehensive regulation for the registration,
licensing and practice of architecture

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4
Q

RULE 1

A

General Provisions

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5
Q

▪ The State recognizes the importance of
architects in nation building and development.
▪ Hence, it shall develop and nurture competent,
virtuous, productive and well-rounded
professional architects whose standards of
practice and service shall be excellent,
qualitative, world-class and globally competitive

A

STATEMENT OF POLICY

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6
Q

STATEMENT OF POLICY
▪ This shall be done through inviolable, honest,
effective and credible licensure examinations
and through regulatory measures, programs and
activities that foster their professional growth
and development.

A
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7
Q

The art, science or profession of planning,
designing and constructing buildings in their
totality taking into account their environment, in
accordance with the principles of utility, strength
and beauty

A

Architecture

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8
Q

A person professionally and academically
qualified, registered and licensed under this Act
with a Certificate of Registration and Professional
Identification Card issued by the PRBOA and the
PRC…

A

Architect

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9
Q

…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

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10
Q

The architect 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, specs, and contract documents
he/she has signed and sealed

A

Architect-of-record

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11
Q

An architect who is directly and professionally
responsible and liable for the construction
supervision of the project

A

Architect-in-charge of
construction

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12
Q

An architect who is professionally and
academically qualified and with exceptional or
recognized expertise or specialization in any
branch of architecture

A

Consulting architect

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13
Q

The Consulting Architect assumes no civil liability
under Art. 1723 of the Civil Code unless he/she
attempts/succeeds to interfere or contravene the
legal and professional functions of the Architectof-
Record

A

Consulting architect

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14
Q

The act of planning and architectural designing,
structural conceptualization, specifying,
supervising and giving administration/direction to
the erection, enlargement or alterations of
buildings

A

General practice of
architecture

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15
Q

The scientific, aesthetic and orderly coordination
of all the processes which enter into the
production of a complete building

A

General practice of
architecture

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16
Q

The act of conceiving, choosing and developing
the type, disposition, arrangement and
proportioning of the structural elements of an
architectural work, giving due consideration to
safety, cost-effectiveness, functionality and
aesthetics

A

Structural conceptualization

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17
Q

A sole proprietorship, a partnership or a
corporation registered with the proper government
agencies

A

Architectural firm

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18
Q

Board

A

The Professional Regulatory Board of Architecture

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19
Q

Commission

A

Professional Regulation Commission

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20
Q

A duly notarized written contract stipulating the
scope of services and guaranteeing compensation
of such services to be rendered by an architect

A

Service agreement

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21
Q

. 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

A

Integrated and Accredited Professional
Organization

IAPOA

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22
Q

IAPOA

A

Integrated and Accredited Professional
Organization.

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23
Q

a sustaining and progressive learning process that
maintains, enhances, or increases the knowledge
and continuing ability of architects

A

CPD

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24
Q

CPD

A

Continuing Professional Development,”

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25
Department of Trade and Industry
DTI
26
SEC
Securities and Exchange Commission
27
Any formal grouping of two or more architects or architectural firms working in joint venture on a project basis
Association
28
Synonymous to Architectural Partnership
Architectural company
29
A group of professionals in architecture and allied professions, incorporated with Architects for the purpose of delivering professional service in architecture and allied professions In case an existing Architectural Corporation does not comply with the 75% composition requirement, it shall comply and register again with the SEC and the BOA.
Architecture corporation
30
Architecture corporation A group of professionals in architecture and allied professions, incorporated with Architects for the purpose of delivering professional service in architecture and allied professions In case an existing Architectural Corporation does not comply with the\_\_\_ composition requirement, it shall comply and register again with the SEC and the BOA.
75%
31
Architectural drawings, specifications, and other outputs of an Architect that only an Architect can sign and seal
Architectural documents
32
Consists, 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.
Architectural documents
33
A detailed planning and design of the indoor areas of any proposed building, 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
Architectural interiors
34
A group of two or more Architects duly registered with the SEC and then with the Board of Architecture.
Architectural partnership
35
2D representations reflecting a proposed development showing elements such as columns, walls, partitions, ceiling, stairs, doors, windows, floors, roof, room designations, door and window call-outs, etc.
Architectural plans
36
Architectural plans The architectural plan is the representation of a lateral section for a proposed building (running parallel to the ground) and at a height of from ___ to ____ meters above the finished floor.
1 – 1.5
37
The term may also collectively refer to other architectural designs such as sections, elevations, roof plan, RCP, door and window schedules, and the like.
Architectural plans
38
A certificate bearing a registration number, issued by the PRC through the PRBOA, signifying that the individual has successfully passed the licensure examination and is registered to practice his/her profession as Architect
Certificate of Registration
39
A document which contains the norms and principles governing the practice of the profession of architecture in the highest standards of ethical conduct
Code of Ethical Conduct
40
Contract documents
▪ General conditions ▪ Special provisions or conditions ▪ Drawings ▪ Specifications ▪ Other bid documents
41
The intellectual property rights retained by an Architect over any architectural documents/work that he/she prepares unless there is a written stipulation to the contrary
Copyright
42
Copyright in a work of architecture shall include the right to control the erection of any building which reproduces the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original
Copyright Section 20
43
However, the copyright in any such work shall not include the right to control the reconstruction or rehabilitation in the same style as the original of a building to which the copyright relates.
Copyright
44
Entities, agencies, organizations other than the IAPOA that have been accredited by the PRBOA to deliver seminars, lectures, and other continuing professional education modules for architects
CPD providers
45
Diversified architectural experience A post-baccalaureate, pre-licensure experience of \_\_\_ years required of a graduate of architecture prior to taking the licensure examination.
two
46
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.
Foreign architect
47
The local Philippine architect, partnership or corporation that must work in association with a foreign architect, partnership or corporation, on a project on Philippine soil.
Filipino counterpart
48
The proprietary rights to an architectural work by a person who commissions the Architect. Ownership of an architectural work shall only be confined to the use of the architectural documents for executing the work for one or the original project.
Ownership
49
Ownership shall not apply to the use of the architectural documents for repetitions or subsequent projects.
Ownership Section 33
50
A person whose name, registration, and professional license number is entered in the PRC registry book and computerized database as one legally authorized to practice his profession.
Professional
51
A document bearing the registration number, date of issuance with an expiry date, due for periodic renewal, issued to a registered Architect upon payment of the annual registration fees for three (3) years
Professional identification card
52
Professional identification card A document bearing the registration number, date of issuance with an expiry date, due for periodic renewal, issued to a registered Architect upon payment of the annual registration fees for _____ years
three | (3)
53
refers to documents which define all aspects of professional service, prescribes minimum basic fees and establishes the rights and obligations of both the Architect and the client.
SPP
54
SPP
“Standards of Professional Practice”
55
An individual architect practicing and delivering architectural services, duly registered with the DTI, PRBOA and the PRC
Sole proprietorship
56
An expertise and special knowledge in the field of architecture acquired through formal education and training or through continuing professional development and experience, for which the Architect may be engaged as Consulting Architect.
Specialization
57
Specialization An expertise and special knowledge in the field of architecture acquired through formal education and training or through continuing professional development and experience, for which the Architect may be engaged as \_\_\_\_\_\_
Consulting Architect.
58
The outline of topics and concepts of major subjects to serve as basis for test questions in the licensure examinations
Syllabi
59
The transfer of systematic knowledge for the manufacture of a product, the application of a process, or the rendering of a service and the transfer, assignment or licensing of all forms of intellectual property rights
Technology transfer
60
RA 9266
Architecture Act of 2004
61
BOA or PRBOA
Board of Architecture or Professional Regulatory Board of Architecture
62
CPD
Continuing Professional Development
63
DOLE
Department of Labor and Employment
64
DTI
Department of Trade and Industry
65
IAPOA
Integrated Accredited Professional Organization of Architects (the same as United Architects of the Philippines, Inc.)
66
PRC
Professional Regulation Commission
67
RLA
Registered and licensed architect
68
UAP
United Architects of the Philippines, Inc.
69
RULE 2
The PRBOA
70
CREATION OF THE BOARD ▪ RA 9266 provides for the creation of the Professional Regulatory Board of Architecture (PRBOA) ▪ The Board is a collegial body under the supervision and administrative control of the \_\_\_\_\_\_\_\_.
Professional Regulation Commission (PRC)
71
BOARD COMPOSITION ▪ The board shall be composed of: \_\_\_\_\_\_ \_\_\_\_\_\_\_ ▪ They shall be appointed by the _______ from a list of \_\_\_\_\_\_ recommendees chosen from a list of five (5) nominees for each position submitted to the PRC by the IAPOA.
* One chairman * Two members President of the Philippines three (3)
72
CURRENT PRBOA ▪ Chairman: \_\_\_\_\_
Robert S. Sac
73
CURRENT PRBOA ▪ Member: \_\_\_\_\_\_\_\_\_ ▪ Member: \_\_\_\_\_\_
Robert M. Mirafuente Fidel Jose R. Siapno
74
PRBOA QUALIFICATIONS ▪ Each member of the Board shall possess the following qualifications at the time of appointment:
• A citizen and resident of the Philippines • BS Architecture degree • Certificate of Registration and Professional Identification Card • 10 years of active practice on date of appointment
75
PRBOA QUALIFICATIONS • Not a member of the faculty of any school, college, university or review institution where a regular course or review course in architecture is taught, nor have pecuniary interest in such institution • If a former teacher, must have officially resigned and has completely stopped teaching, advising or reviewing activities for at least ___ years prior to the nomination
five
76
PRBOA QUALIFICATIONS • Has never been convicted of any crime involving moral turpitude • Not an elective officer of the IAPOA and other professional organization of architects
77
Conduct that is considered contrary to community standards of justice, honesty or good morals.
“Moral turpitude”
78
TERM OF OFFICE ▪ The members of the Board shall hold office for a term of ____ years after appointment or until their successors shall have been appointed and duly qualified. ▪ Any vacancy occurring within the term of a member shall be filled for the unexpired portion of the term only.
three
79
TERM OF OFFICE ▪ Each member of the Board may be reappointed for ___ full term only ▪ Of the members of the Board first appointed under RA 9266: • One member shall be appointed and hold office as chairman for three years, • One member for ___ years • One member for ___ year
one two one
80
POWERS AND FUNCTIONS ▪ Prescribe and adopt the ____ for RA 9266 ▪ Supervise the registration, licensure and practice of architects ▪ Administer oaths in connection with the administration of RA 9266
IRR
81
POWERS AND FUNCTIONS ▪ Issue, suspend, revoke, or reinstate the Certificate of Registration and the Professional ID ▪ Adopt an official seal of the PRBOA ▪ Monitor the conditions affecting the practice of architecture and adopt measures for the enhancement and maintenance of the standards of the profession
82
POWERS AND FUNCTIONS ▪ Prescribe and adopt the ____ ; ▪ Hear and decide administrative cases involving violations of RA 9266, the Code of Ethical Conduct, and Standards of Professional Practice
Code of Ethical Conduct and Standards of Professional Practice
83
POWERS AND FUNCTIONS ▪ Prescribe guidelines for the Continuing Professional Development (CPD) program in consultation with the IAPOA • Note: The attendance to said CPD shall not be a mandatory requirement for the renewal of a Professional ID
84
POWERS AND FUNCTIONS ▪ Prepare, adopt, issue or amend the syllabi of the subjects for examinations in consultation with the academe ▪ Determine and prepare questions as well as administer, correct and release the results of the licensure examinations
85
POWERS AND FUNCTIONS ▪ Approve, issue, limit or cancel temporary or special permit to practice architecture
86
POWERS AND FUNCTIONS ▪ In coordination with the \_\_\_\_-, ensure that all higher educational instruction comply with the policies, standards and requirements of the course prescribed by the CHED in the areas of curriculum, faculty, library and facilities
CHED
87
POWERS AND FUNCTIONS ▪ To adopt a program for the \_\_\_\_\_\_ of the licensure examination
full computerization
88
ADMINISTRATIVE SUPERVISION ▪ The Board shall be under the administrative supervision of the PRC ▪ All records of the Board, including applications for examination, examination questions, answer sheets, and other records and documents pertaining to licensure examination, administrative and other investigative cases conducted by the Board shall be under the custody of the PRC The PRC shall designate the Secretary of the Board and shall provide the secretariat and other support services to implement the provisions of RA 9266.
89
SUSPENSION/REMOVAL ▪ The President of the Philippines, upon the recommendation of the PRC and after giving the concerned member an opportunity to defend himself in a proper administrative investigation, may suspend or remove any member on the following grounds:
Neglect of duty or incompetence ▪ Violation or tolerance of violations of RA 9266, or its IRR or the Code of Ethical Conduct and Standards of Professional Practice ▪ Final judgment of crimes involving moral turpitude Manipulation or rigging of the architecture licensure examination results, disclosure of secret and confidential information in the examination questions prior to the conduct of the said examination or tampering of grades
90
EXAMINATION REQUIRED ▪ All applicants for registration for the practice of architecture shall be required to undergo the \_\_\_\_\_\_\_\_
licensure examination
91
QUALIFICATIONS
▪ A Filipino citizen or a citizen of a foreign country qualified to take the examination as provided for in this IRR ▪ Of good moral character ▪ A holder of the degree of BS Architecture conferred by a school, college, academy or institute duly recognized by CHED ▪ Two years of diversified architectural experience duly certified by an RLA • Note: An applicant holding a Master’s Degree in Architecture shall be credited with one (1) year ▪ Never been convicted of any criminal offense involving moral turpitude
92
REQUIRED DOCUMENTS
▪ NSO Birth Certificate ▪ NSO Marriage Contract for married female applicants ▪ College Diploma with indication of date of graduation ▪ Transcript of Records with indication of date of graduation ▪ Accomplished Diversified Training Forms (DT Form 001 and 002) ▪ Architect-Mentor Affidavit ▪ Photocopy of Architect-Mentor’s valid Professional Identification Card, Professional Tax Receipt (PTR) and IAPOA number ▪ NBI clearance ▪ Other documents that the Board may require
93
FRAUD IN APPLICATIONS ▪ The _____ may refuse to renew, may suspend/revoke any certificate of registration obtained by false swearing or any misrepresentations made in applying for registration or examination
Board
94
▪ Analysis of architectural manifestations from the beginning of civilization to contemporary periods of development; ▪ Analysis of the influences of environmental, historical, and sociocultural factors and their relevance to the development of art, buildings, structures, as well as of human settlements.
HISTORY OF ARCHITECTURE
95
▪ Understanding of the theories and principles of design and architectural design process; ▪ Analysis of anthropometric, proxemic, and kinesthetic requirements of space in relation to architectural design; ▪ Analysis of sociocultural and technological trends which are contributory to the development of contemporary architecture.
THEORY OF ARCHITECTURE
96
▪ Understanding of the role, legal rights and obligations, and responsibilities of the architect ▪ Analysis and application of the various statutes, codes, and regulations affecting the practice of architecture in the Philippines
ARCHITECTURAL PRACTICE
97
▪ Understanding of the various aspects of the professional practice of architecture, including tools and techniques related to production, construction, resource allocation, and project management, as well as the efficient conduct of client and business relations for building design and construction projects.
ARCHITECTURAL PRACTICE
98
▪ Analysis of the concepts and techniques in the general planning process, regional planning, land use planning, and human settlements planning ▪ Understanding of the art and science of site planning with emphasis on ecological, sociopsychological, aesthetic, and functional basis of site planning.
THEORY/PRINCIPLES OF PLANNING
99
▪ Understanding of the fundamentals of mechanics, strength of materials, and theory of structures ▪ General design, principles, and analysis of the structural elements of various types of construction materials and systems.
STRUCTURAL DESIGN
100
▪ Understanding of the properties of building construction and finishing materials; their application and articulation; systems and methods of specifying and construction; ▪ Application of the principles of design and construction methods of various types of materials used in construction.
MATERIALS/CONSTRUCTION
101
▪ Understanding of the basic practices, principles, general design and installation, and/or construction of utilities required for a building or structure and its premises; ▪ Analysis of utility, facility, and equipment requirements in relation to aesthetic, function, and strength of a building or structure and its premises.
UTILITIES
102
▪ Analysis of the concepts and techniques in the general planning process of the physical and systematic design on a community and urban plane on a more comprehensive manner. ▪ Understanding of the art and science of urban design with emphasis on ecological, sociopsychological, aesthetic and functional basis of urban design.
URBAN DESIGN
103
▪ Understanding of the theories and principles of Architectural Interiors. ▪ Analysis of anthropometric, proxemic, and kinesthetic requirements of space in relation to Architectural Interiors.
ARCHITECTURAL INTERIORS
104
▪ Application of logical approach to architectural interiors, urban design and site planning solutions to architectural and planning problems with emphasis on design methodology, quantitative and qualitative aspects of space, circulation, and interrelationships of space, structural and form envelopes, and building utilities and facilities.
DESIGN / SITE PLANNING
105
▪ Application of skills and ability to visualize architectural design problems and present solutions in appropriate graphical language.
DESIGN / SITE PLANNING
106
▪ The PRBOA, subject to the approval of the PRC, may revise or exclude any of the subjects and their syllabi, and add new ones as the need arises to conform to technological changes brought about by continuing trends in the profession.
REVISIONS TO THE SYLLABUS
107
RATING IN THE EXAMS ▪ To be qualified as having passed the licensure examination for architects, a candidate must obtain: • A weighted general average of seventy percent \_\_\_\_\_ • No grade lower than fifty percent ____ in any given subject
(70%) | (50%)
108
REPORT OF RATINGS ▪ The Board shall submit to the Commission the ratings obtained by each candidate within _______ after the examination, unless extended for just cause.
thirty (30) calendar days
109
REPORT OF RATINGS ▪ Upon the release of the results of the examination, the Board shall send by mail the rating received by each examinee at his/her given address using the mailing envelope submitted during the examination. • Note: The report of rating may be distributed to the successful examinees during their mass oath taking as new registered and licensed architects.
110
OATH ▪ All successful candidates in the examination shall be required to take an oath of profession prior to entering upon the practice of the profession.
111
ISSUANCE ▪ A ________ and _______ shall be issued to examinees who pass the licensure examination
Certificate of Registration Professional Identification Card
112
CERTIFICATE OF REGISTRATION ▪ The _____ shall remain in full force and effect until withdrawn, suspended or revoked.
Certificate
113
PROFESSIONAL ID ▪ The Professional Identification Card shall likewise be issued to every registrant who has paid the prescribed fee of annual registration for \_\_\_\_\_ years ▪ The renewal of the said card shall be subject to payment of the annual registration fees for another and every after ____ years
three (3) three (3)
114
▪ A roster showing the names and place of business including other personal material and relevant data of all registered professional architects shall be prepared and updated by the Board and copies thereof shall be made available to any party as may be deemed necessary.
ROSTER OF ARCHITECTS
115
SEAL, ISSUANCE AND USE OF SEAL ▪ A duly licensed architect shall affix the seal prescribed by the ____ bearing the registrant’s name, registration number and title “Architect” on all architectural plans, drawings, specifications and all other contract documents prepared by or under his/her direct supervision
Board
116
SEAL, ISSUANCE AND USE OF SEAL ▪ Each registrant hereunder shall, upon registration, obtain a seal of such design as the Board shall authorize and direct
Section 20
117
SEAL, ISSUANCE AND USE OF SEAL ▪ It shall be unlawful for any one whose certificate of registration has been revoked to stamp or seal any documents
118
SEAL, ISSUANCE AND USE OF SEAL ▪ No officer or employee of this Republic, chartered cities, provinces and municipalities shall accept or approve any architectural plans or specifications which have not been prepared and submitted in full accord with all the provisions of RA 9266
119
SEAL, ISSUANCE AND USE OF SEAL ▪ It shall be unlawful for any architect to sign his/her name, affix his/her seal or use any other method of signature on architectural plans, specifications or other documents made under \_\_\_\_\_\_\_\_\_, unless the same is made in such manner as to clearly indicate the part or parts of such work actually performed by the former
another architect’s supervision
120
SEAL, ISSUANCE AND USE OF SEAL ▪ Drawings and specifications duly signed, stamped or sealed, as instruments of service, are the intellectual properties and documents of the architect, whether the object for which they are made is executed or not. It shall be unlawful for any person, without the consent of the architect, to ______ of said documents for use in the repetition of and for other projects or buildings, whether executed partly or in whole
duplicate or to make copies
121
SEAL, ISSUANCE AND USE OF SEAL ▪ All architectural plans, designs, specifications, drawings and architectural documents relative to the construction of a building shall bear the seal and signature ________ under RA 9266 together with his/her professional identification card number and the date of its expiration
only of an architect registered and licensed
122
SEAL, ISSUANCE AND USE OF SEAL ▪ The ____ shall prescribe the design, size, and contents of the dry seal to be used in signing and sealing of architectural plans
Board
123
INDICATION OF CERTIFICATE OF REGISTRATION, PRC ID, PTR ▪ The architect shall be required to indicate the \_\_\_\_\_\_\_\_ on the documents he/she signs, uses or issues in connection with the practice of his/her profession
number of his/her Certificate of Registration and Professional Identification Card with its date of issuance and the duration of validity, including the professional tax receipt number
124
NON-ISSUANCE OF CERTIFICATE ▪ The Board shall not register and issue a Certificate of Registration and Professional Identification Card to any person who:
• Has falsely sworn or misrepresented himself/herself in his/her application for examination • Is convicted by a court of competent jurisdiction of a criminal offense involving moral turpitude or guilty of immoral and dishonorable conduct • Is of unsound mind ▪ In the event of refusal to issue certificate for any reason, the Board shall give the applicant a written statement setting forth the reasons for such action, which statement shall be incorporated in the record of the Board
125
NON-ISSUANCE OF CERTIFICATE ▪ However, registration shall not be refused and a name shall not be removed from the roster of architects on conviction for a political offense or for an offense which should not, in the opinion of the Board disqualify a person from practicing under RA 9266.
126
NON-ISSUANCE OF CERTIFICATE ▪ The Board in the ____ statement shall state the period for the deferment of the registration if the offense or act committed does not call for indefinite period and/or perpetual deprivation of the chance to register.
written
127
SUSPENSION AND REVOCATION ▪ The Board shall have the power, upon notice and hearing, to suspend or revoke the validity of a Certificate of Registration/Professional Identification Card:
• for the use of or perpetuation of any fraud or deceit in obtaining a Certificate of Registration and Professional Identification Card • for gross negligence or incompetence • for unprofessional or dishonorable conduct
128
SUSPENSION AND REVOCATION ▪ Such action of the Board shall be subject to appeal to the PRC whose decision shall be final if he/she:
• Has signed and affixed or permitted to be signed or affixed his name or seal on architectural plans not prepared by him/her or not executed under his/her immediate supervision; SUSPENSION AND REVOCATION • Has paid money except the regular fees provided for to secure a Certificate of Registration; or • Has falsely impersonated a practitioner, or former practitioner or has practiced under an assumed, fictitious or corporate name other than that of the registered; or • has aided or abetted in the practice of architecture of any person not duly authorized to practice architecture in the Philippines; or Has openly solicited projects by undertaking architectural services without a valid service agreement and has allowed himself/herself to be exploited by undertaking architectural services without a valid service agreement, both acts being prejudicial to other architects
129
SUSPENSION AND REVOCATION • Has violated any provision of RA 9266, its implementing rules and regulations, the Code of Ethical Conduct and Standards of Professional Practice
130
SUSPENSION AND REVOCATION ▪ Any person, firm or association, may prepare charges in accordance with the provisions of this section against any registrant ▪ Such charges shall be in writing and shall be sworn to by the person making them and shall be filed with the Secretary of the Board
131
REISSUANCE / REPLACEMENT ▪ The Board may, after the expiration of \_\_\_\_ years from the date of revocation, reinstate the validity of a revoked Certificate of Registration and in so doing may, in its discretion, exempt the applicant from taking another examination
two (2)
132
RULE 4
Practice of Architecture (Sundry Provisions)
133
REGISTRATION OF ARCHITECTS REQUIRED ▪ Only persons with a Certificate of Registration and be issued a Professional Identification Card may:
• Practice architecture in this country • Engage in preparing architectural plans, specifications or preliminary data for the erection or alteration of any building located within the boundaries of this country • Use the title “Architect”, or display the word “Architect” together with another word • Display or use any title, sign, card, advertisement, or other device to indicate such person practices or offers to practice architecture, or is an architect
134
REGISTRATION OF ARCHITECTS REQUIRED ▪ Any person not authorized to practice architecture in the Philippines who shall perform any of the activities mentioned in Sections 3 and 4 shall be deemed engaged in the unauthorized practice of architecture and shall, therefore, be \_\_\_\_\_\_\_\_ under RA 9266 and its IRR
criminally liable
135
VESTED RIGHTS ▪ All architects registered at the time this law takes effect shall automatically be registered under the RA 9266, subject, however, to the provisions regarding future requirements. ▪ Certificates of Registration and Professional Identification Cards held by such persons in good standing shall have the same force and effect as though issued after the passage of RA 9266.
136
RECIPROCITY REQUIREMENTS ▪ A person who is not \_\_\_\_ shall not be allowed to take the licensure examination unless he/she can prove that his/her country either admits citizens of the Philippines to the practice of the same profession without restriction or allows them to practice it after passing an examination on terms of strict and absolute equality with citizens
a citizen of the Philippines
137
RECIPROCITY REQUIREMENTS ▪ That person’s country must also unconditionally recognize the degrees/diplomas issued by the schools duly recognized by the Government of the Philippines.
138
RECIPROCITY REQUIREMENTS ▪ A foreign citizen, whether he studied in the Philippines or not, who desires to take the licensure examination for Architects through reciprocity shall initiate the establishment of reciprocity between his country/state and the Philippines
139
RECIPROCITY REQUIREMENTS ▪ The foreign applicant must submit a letter or any document signed and under official seal by the appropriate official of his country requesting the Chairman of the Board Architecture to allow the foreign applicant to take the licensure examination
140
RECIPROCITY REQUIREMENTS ▪ If the letter/document and the copy of the law submitted by the applicant is satisfactory to the Board, the foreign applicant shall be allowed to take the licensure examination for Architects by requiring him to file an application to take the licensure examination and by submitting the following documents: Any official document issued by the Bureau of Immigration and Deportation allowing the applicant to enter and reside the Philippines;
• Passport • Original or authenticated copy of transcript of records issued by the institution of higher learning where he studied, duly authorized by his country • Other documents which may be required to be submitted by the Board.
141
CONTINUING PROFESSIONAL DEVELOPMENT ▪ To promote public interest and to safeguard life, health and property, all practicing architects shall maintain a program of continuing professional development. ▪ The IAPOA shall have the responsibility of developing a continuing professional development program for architects. Other entities or organizations may become CPD providers upon accreditation by the Board.
142
MISDEMEANOR ▪ The following shall be guilty of misdemeanor:
• Any person who shall practice or offer to practice architecture in the Philippines without being registered/licensed and who are not holders of temporary or special permits in accordance with the provisions of RA 9266 • Any person presenting or attempting to use the Certificate of Registration/Professional Identification Card or seal of another or temporary or special permit,
143
MISDEMEANOR • Any person who shall attempt to use a revoked or suspended Certificate of Registration/Professional Identification Card or cancelled special/temporary permit, • Any person who shall use in connection with his/her name or otherwise assume, use or advertise any title or description tending to convey the impression that he/she is an architect when he/she is not an architect
144
MISDEMEANOR • Any person whether Filipino or foreigner, who knowingly allows the use, adoption, implementation of plans, designs or specifications made by any person, firm, partnership or company not duly licensed to engage in the practice of architecture, • Any person who shall violate any of the provisions of RA 9266, its implementing rules and regulations, the Code of Ethical Conduct and Standards of Professional Practice, or any policy of the Board and the Commission
145
GOVERNMENT EMPLOYEES ▪ Government employees and employees of private firms or persons/entities who are not registered and licensed architects shall not perform _________ s in the performance of their official function without the direct supervision of a licensed architect. ▪ Such activity shall constitute _________ which shall be penalized in accordance with Section 29 of RA 9266.
architectural work unauthorized practice of architecture
146
PUBLIC OFFICIALS ▪ Any public official who shall order or cause a nonarchitect to perform activities which constitute practice of architecture shall be administratively liable and shall be guilty of _____ and shall upon conviction be sentenced in accordance with Section ___ of RA 9266.
misdemeanor 30
147
PROHIBITION IN THE PRACTICE OF ARCHITECTURE ▪ Any person or entity, whether public or private, Filipino or foreigner, who/which shall entice, compel, coerce, require or otherwise force an architect registered and licensed under RA 9266 to undertake/perform any service under the general practice of architecture as defined under RA 9266, without first executing a written contract/service agreemen ▪ …shall be guilty of misdemeanor and shall, upon conviction be sentenced to a fine of not less than \_\_\_\_\_\_\_\_\_\_\_ or to suffer imprisonment for a period not exceeding ____ years, or both, at the discretion of the Court.
Section 30 Two hundred thousand pesos (P200,000.00) (6) years For Government officials and employee: not less than 50 000 pesos and not greater than 500,000 pesos or not less than 6 months imprisonment or not greater than 6 years For Public or Private Misdemeanor: 100,000 to 6,000,000 6 months to 6 years
148
LIABILITY OF REPRESENTATIVES OF NON-REGISTERED PERSONS ▪ It shall be unlawful for any person or firm or corporation to seek to avoid the provisions of RA 9266 by having a representative or employee seek architectural work in their behalf, unless and until, such persons are duly \_\_\_\_\_\_\_\_\_
qualified and duly registered/licensed.
149
LIABILITY OF REPRESENTATIVES OF NON-REGISTERED PERSONS ▪ Otherwise, **both those represented and the representative,** the employer and the employee shall be deemed guilty of violation of RA 9266. ▪ Solicitation of architectural work shall be construed as offering to practice architecture and it shall be unlawful for any non-registered and unlicensed persons to do so.
Section 31
150
SIGNING AND SEALING OF ARCHITECTURAL PLANS ▪ It shall be unlawful for any architect to sign his/her name, affix his/her seal on architectural plans made under another architect’s supervision, unless made in such manner as to clearly indicate which parts of such work was actually performed by the former ▪ The authorized signature, official seal, PTR, PRC registration number and the IAPOA membership number and Official Receipt (O.R.) number of the Architect-of-Record stamped on architectural plans signify his/her assumption of the mandated ______ civil liability under Article 1723 of the Civil Code.
15-year Section 32
151
SIGNING AND SEALING OF ARCHITECTURAL PLANS ▪ However, the Architect-of-Record should be limited to architectural documents of a project and its liability does not extend to the professional responsibility nor civil liability of the other signing (sealing) professionals
Section 32
152
OWNERSHIP OF CONTRACT DOCUMENTS (SECTION \_\_\_) ▪ Drawings and specifications and other contract documents duly signed, stamped or sealed, as instruments of service, are the intellectual property and documents of the architect, whether the object for which they are made is executed or not. It shall be unlawful for any person to duplicate or to make copies of said documents for use in the repetition of and for other projects or buildings, whether executed partly or in whole, without the written consent of architect or author of said documents ▪ All architects shall incorporate this provision in all contract documents and other instruments of service
Section 33
153
CLAIMS FOR EQUIVALENT SERVICE ▪ Persons not registered as an architect shall not claim nor represent either services or work as equivalent to those of a duly qualified registered architect, or that they are qualified for any branch or function of architectural practice, even though no form of the title “Architect” is used
Section 34
154
REGISTRATION OF FIRMS ▪ The practice of architecture is a professional service, admission to which shall be determined upon the basis of individual personal qualifications.
Section 37
155
REGISTRATION OF FIRMS ▪ However, a firm, company, partnership, corporation or association may be registered or licensed as such for the practice of architecture under the following conditions: • Only _____ citizens properly registered and licensed as architects under RA 9266 may, among themselves, or together with allied technical professionals, form and obtain registration as a firm, company, partnership, association or corporation for the practice of architecture;
Filipino Section 37
156
REGISTRATION OF FIRMS • Registered and licensed architects shall compose at least \_\_\_\_\_\_of the owners, shareholders, members, incorporators, directors, executive officers, as the case may be • Individual members of such firm, partnership, association or corporation shall be responsible for their individual and collective acts as an entity and as provided by law;
seventy-five percent (75%)
157
REGISTRATION OF FIRMS • Such firm, partnership, association or corporation shall be registered with the \_\_\_and the \_\_\_\_
SEC PRBOA. Section 37
158
TEMPORARY/SPECIAL PERMITS ▪ Foreign nationals who have gained entry in the Philippines to perform professional services as architects or consultants shall 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
Section 38
159
TEMPORARY/SPECIAL PERMITS ▪ A foreign national or foreign firm whose name appears on architectural plans for securing building permits, licenses and government authority clearances for actual building project construction in the Philippines shall be deemed practicing architecture in the Philippines, whether the contract for professional services is consummated in the Philippines or in a foreign country.
Section 38
160
CONDITIONS FOR TEMPORARY/SPECIAL PERMITS ▪ He/she must be 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;
Section 38
161
CONDITIONS FOR TEMPORARY/SPECIAL PERMITS ▪ He/she must be 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;
Section 38
162
CONDITIONS FOR TEMPORARY/SPECIAL PERMITS ▪ Foreign nationals shall be required to work with a \_\_\_\_\_\_\_\_\_ 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
Filipino counterpart Section 38
163
CONDITIONS FOR TEMPORARY/SPECIAL PERMITS ▪ Agencies, organizations or individuals whether public or private, who secure the services of a foreign professional authorized by law to practice in the Philippines, shall be responsible for securing a special permit from the ____ and the \_\_\_\_\_
PRC DOLE Section 38
164
LIABILITY INSURANCE FOR TEMPORARY OR SPECIAL PERMITS ▪ Foreign nationals must **locally secure their professional liability insurance or malpractice insurance** or their acceptable equivalent in bond form commensurate with the nature and magnitude of their project involvement and their compensation
Section 39
165
RULE V
Final Provisions
166
INTEGRATION OF THE ARCHITECTURE PROFESSION ▪ The Architecture profession shall be integrated into ______ which shall be accredited by the Board, subject to the approval by the Commission, as the integrated and accredited professional organization of architects
one national organization Section 40
167
INTEGRATION OF THE ARCHITECTURE PROFESSION ▪ Such an organization shall be registered with the \_\_\_\_ as a non-profit, non-stock corporation to be governed by by-laws providing for a democratic election of its officials.
SEC SECTION 40
168
INTEGRATION OF THE ARCHITECTURE PROFESSION ▪ An architect duly registered with the Board shall \_\_\_\_\_\_\_ of the integrated and accredited professional organization of architects and shall receive the benefits and privileges provided for in R.A. 9266 upon payment of the required fees and dues.
automatically become a member Section 40
169
INTEGRATION OF THE ARCHITECTURE PROFESSION ▪ Membership in the integrated and accredited professional organization of architects \_\_\_\_\_\_ be a bar to membership in other associations of architects.
Section 40 shall not
170
UAP AS IAPOA ▪ Pursuant to Board Resolution No. 3, Series of 2004, the _______ is the existing integrated and accredited professional organization of registered architects
United Architects of the Philippines, Inc.
171
UAP AS IAPOA ▪ An architect duly registered with the PRC shall automatically become a member of the UAP ▪ The UAP shall keep an updated official registry of its members
172
UAP AS IAPOA ▪ Members of the UAP practicing the architectural profession shall be required to provide their official IAPOA membership number and receipt number together with their PRC registration number and PTR Number on official documents prepared by them for purposes of obtaining governmental regulatory permits and licenses.
173
FUNCTIONS, DUTIES, RESPONSIBILITIES OF THE UAP ▪ 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 a temporary/special permit; ▪ Monitoring of compliance to RA 9266, and filing of complaints with the PRBOA and/or PRC for violations of the RA 9266, this IRR, Code of Ethics, Standards of Professional Practice and other policies of the Board and of the Commission
174
ACT NOT AFFECTING OTHER PROFESSIONALS ▪ RA 9266 shall not be construed to affect or prevent the practice of any other legally recognized profession
Section 43
175
ENFORCEMENT OF THE ACT ▪ It shall be the primary duty of the PRC and the PRBOA to effectively enforce the provisions of RA 9266 and this “IRR of the Architecture Act of 2004”.
Section 44
176
ENFORCEMENT OF THE ACT ▪ All duly constituted law enforcement agencies and officers of national, provincial, city or municipal government shall, upon the call or request of the PRC or the PRBOA, render assistance in enforcing the provisions of RA 9266, and to prosecute any person violating the provisions of the same.
Section 44
177
ENFORCEMENT OF THE ACT ▪ Any person may bring before the PRC, PRBOA,or the aforementioned officers of the law, cases of illegal practice or violations of RA 9266 committed by any person or party.
Section 44
178
SEPARABILITY CLAUSE ▪ If, for any reason, any section or provision of this IRR is declared unconstitutional or invalid, the remainder of this IRR shall not be affected by such declaration.
Section 45
179
REPEALING CLAUSE ▪ Any provisions of the rules and policies issued and promulgated pursuant to R.A. No. 545, P.D. No. 223,R.A. No. 8981, and other laws which are inconsistent with this IRR are hereby \_\_\_\_\_\_\_\_
superseded, repealed or amended accordingly. Section 46
180
Effectivity The herein IRR of the Architecture Act of 224 shall be, upon approval by the Commission, be effective after ______ days following its full and complete publication in the Official Gazzette or in ____ major newspapaers of general circulation.
15 days 2 major newspapers Section 47
181
Collection of Professional Fees It shall be unlawful for any unregistered person to collect a fee for architectural servies except as an employee collecting a fee as representative of a Registered Architect.
Section 36
182
Implementing Rules and Regulations Within ___ days after the effectiity of Ra no 9266, the Board subkect to the approval of the Commission and in coordination with integrated and accredited professional organization, shall adopt and promulgate such rules and regulations, Code of Ethical conduct and Standards of Professional Practice, to carry out the provisions of Ra no 9266 and which shall be effective ___ days following their publication in the official gazette or in __ major daily newspapers of general circulation.
60 days 15 days 2
183
Positions in Government Requiring the service of Registered and Licensed Architects Within ___ years from the effectivity of RA No 9266, all existingg and proposed positions in the local and national government, whether career, permanent temporary or contractual and primarily requiring the services of an architect shall be filled only by registered and licensed architects.
3 years Section 35
184
GOCC
Government Owned and Controlled Corporations
185
Position in Government requiring the serices of registered and licensed architects All national and local agencies including Government Owned Controlled Corporations (GOCC's) are prohibited to collapse existing plantilla positions for architects for the purpose of recreating the same to ___ positions
non-architect Section 35
186
Position in Government requiring the serices of registered and licensed architects The government architect of record shall collect from the concerned national or local agency including Government Owned and Controlled Corporations an incentive pay to cover civil liabilities in the equivalent amount of ___ of the project cost of every project provied it shall not exceed ____ of his annual salary which shall be paid upon full completion of the project. The amount intended for the architect who prepared and signed thedrawings and specifications shall be included in the Program of Work.
1.5% 50%
187
Section 32
Signing and sealing of architectural plans eg. Singing of plans made by another architects, unless the former architect specified the scope of his work
188
Section 31
Liability of non registered persons eg. hiring non registered on behalf of registered architects for safety of their parts
189
Section 33
Ownership of Contract Documents (eg. Copyright; The section that needs to be written in any contract documents)
190
Section 30
Prohibition in the practice of architecture (eg. if misdemeanor, practicing without any form of service agreement, therefore shall be charged 200,000 minimum, and 6 years maximum imprisonment)
191
Section 29
Prohibition in the practice of architecture and penal clause eg. misdemeanor = 100,000 to 6,000,000; 6 monts to 6 years violation to ra 8981 section 7 - 50,000 - 500,000; 6 monts to 6 years section 30 - 200,000; 6 years (practicing without service agreement)
192
Section 34
Claims for Equivalent Service (eg. You cant claim youre an architect, thus representing architectural works on your behalf as an non registered architect is prohibited)
193
Section 37
Registration of Firms (eg Sole Proprietorship - register with SEC, BOA, and PRC Corporation shall composed 75%)
194
Section 35
Position in Government Service of RLA's eg. 1.5% liability fee but not more than 50% of his salary)
195
Section 38
Temporary or Special Permit
196
Section 20
Seal, Issuance and use of seal
197
Section 14
Subjectss for Examination
198
Section 40
Liability of Holding a Temporary or Special Permit
199
Section 27
Reciprocity Requirements
200
Section 44
Enforcement of RA 9266 (ACT)
201
Section 43
An act Not Affecting other professionals
202
Section 7
Powers and FUnction of the Board
203
Section 3
Definition of Terms
204
Section 45
Separability Clause
205
Section 46
Repealing Clause
206
Section 47
Effectivity
207
Section 36
Collection of Professional Fee
208
Section 35
Position in Government Requiring Services of RLA's