Services Sub-Sector : ARCHITECTS

The Republic of the Philippines Professional Regulatory Board of Architecture (PRBoA) www.architectureboard.ph REGISTRATION AND LICENSING RULES FOR THE PRACTICE OF THE ARCHITECTURE PROFESSION IN THE PHILIPPINES BY NATURAL AND JURIDICAL PERSONS (Filipino Nationals and Foreign Nationals/ Expatriates) 25 June 2012 Services Sub-Sector (Regulated Profession) : ARCHITECTURE Country Name : Philippines (PH)

I. Regulation and Organization of this State-Regulated Professional Service

1. Please describe in general the structure and 1. The architectural profession is regulated by the State organization of this sub-sector and how it is being through Republic Act No. 9266 (The Architecture Act of regulated in your country. This could include: 2004, effective 10 April 2004), via the Professional Regulatory Board of Architecture (www.architectureboard.ph), which is under the 2. Professional Regulation Commission (www.prc.gov.ph). . The range of the activities regularly practised by the professionals in this sub-sector in your country. 2. As practiced by registered and licensed architects Please indicate which of these activities that are NOT (RLAs) under SEC. 3 (4), Art. I of R.A. No. 9266, the regulated in your country, if any. Architectural Scope of Work for All Existing and Proposed Buildings/ Structures on Philippine soil are the following: a.Preparation of Preliminary, Technical, Economic and Financial Feasibility Studies (or Pre-Feasibility Studies)

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requiring the Preparation of Architectural Plans, Models and Project Promotional Services (for both existing and proposed buildings/ structures); and Consultation and General Consulting i.e. 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 (for both existing and proposed buildings/ structures); and Project Packaging and related Pre-Design Services; b. Site and Physical Planning (including Urban Design) for both existing and proposed developments; c. Space Planning and Architectural/ Building/ Site Programming and the Lay-outing and Utilization of Spaces within and surrounding such buildings or structures (existing or proposed); d. General Architectural Design (Schematic Design, Design Development, Contract Documents and Periodic Construction Supervision/ PCS Services and the Preparation of Architectural Plans, Specifications, Bill of Materials, Cost Estimates, General Conditions and Bidding Documents covering New Construction, Enlargement, Conservation, Renovation, Remodeling, Restoration or Alteration of a Building or Group of Buildings) - (for both existing and proposed buildings/ structures); Architectural Coordination i.e. architectural lay-outing of mechanical, electrical, electronic, sanitary, plumbing, communications and other utility systems, equipment and fixtures (for both existing and proposed buildings/ structures); and Architectural Detailing (for both existing and proposed buildings/ structures); and Architectural Support

Services i.e. contract document production, architectural rendering, scale model-making, etc.); e. Architectural Interiors (AI) for both existing and proposed buildings/ structures; f. Structural Conceptualization, Architectural Lighting and Acoustics, Architectural Conservation and Restoration, Building Administration and Housing Design and Community Architecture (for both existing and proposed buildings/ structures); g. Project Management of architectural, engineering and allied design and/or consulting services (for both existing and proposed buildings/ structures); h. Construction and Project Management and 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 (for both existing and proposed buildings/ structures); i. Design-Build Services (for both existing and proposed buildings/ structures); j. Construction Arbitration (and Mediation) and Architectural Photography, Writing, Journalism and Critiquing; and k. Teaching of Architectural Subjects, including Architectural Computer-Aided Design (CAD). . Explanation of whether this sub-sector is

regulated by law, self-regulated by a professional Unfortunately, the review, processing and approval of body, or a combination of both; whether the all types of ARCHITECTURAL documents for the purpose regulation is centralized or decentralized; etc. of granting any type of government PERMIT has been given by the State to civil engineers (mainly as Acting . List of concerned professional bodies and/or Building Officials/ ABOs in local government units/ ministries/government agencies, the functions of LGUs), who apparently lack the depth of understanding each of them, and how they interact in regulating and appreciation required for the correct review of this sub-sector. architectural outputs/ deliverables/ works/ services. While Sec. 35 of R.A. No. 9266 (with said provision effective since 10 April 2007) states that government jobs requiring the expertise of architects are be filled only by architects, the Government has apparently adamantly refused to appoint registered and licensed 2. Please list down the relevant legislations/rules and architects (RLAs) to positions that pass upon the merits regulations regulating this sub-sector in your country. of architectural plans/ designs.

This sub-sector is centrally regulated by the State. It is not self-regulated.

The Professional Regulation Commission (PRC) regulates all of the State-regulated professions thru R.A. No. 8981 (PRC Modernization Act of 2000). The Professional Regulatory Board of Architecture (PRBoA) regulates the architectural profession thru R.A. No. 9266 (The Architecture Act of 2004).

2. The relevant laws, rules and regulations to this sub-sector are:

a. R.A. No. 9266 (The Architecture Act of 2004); b. International agreements such as ASEAN MRA, WTO GATS, JPEPA, etc. c. 2004 Implementing Rules and Regulations (IRR) of R.A. No. 9266; d. 2006 Code of Ethical Conduct & Practice; e. Various PRBoA and PRC Resolutions (as applicable IRRs); f. 2010 Standards of Professional Practice (SPP); g. P.D. No. 1096 (the 1977 National Building Code of the Philippines/ NBCP) and its Referral Codes (2008 Fire Code and 1983 Accessibility Law) h. 2000 Architectural Code of the Philippines; i. Environmental laws including the Water Code; and j. Applicable local ordinances (not in conflict with national laws).

II. Qualification Requirements

3. What are the qualification requirements for individual 3. Per Sec. 13 of R.A. No. 9266, a registered and licensed practitioners in your country in terms of: architect (RLA) must be a holder of a degree of Bachelor of Science (B.S.) in Architecture conferred by a school, college, . professional education (e.g. whether shall be academy or institute duly recognized and/or accredited by university/higher education degree, post-graduate the [Philippine] Commission on Higher Education (CHED) education etc) and in addition has a specific record of at least two (2) years . professional examination/assessment or equivalent of diversified architectural experience duly . work experience certified by a registered/licensed architect: Provided, . practice and training however, That an applicant holding a Master's Degree in Architecture from a school, college, university or institute . language skills recognized by the government shall be credited one (1)

year in his/her practical experience; and basic language skills must include English (reading/ comprehension, 4. Please specify the number of years/months required for speaking and writing). each of the above, as well as the availability of alternative routes (e.g. degree route and non-degree route) to achieve the 4. Only a minimum five(5)-year degree-based route is qualifications required. If different qualification requirements recognized by the State as a basic qualification. exist for different activities or types of work, please specify.

5. Are there any other qualification requirements apart from those set out in Q.3 above (e.g. minimum age, registration with a professional body, restriction on the scope 5. Other requirements under Sec. 13 of R.A. No. 9266 for of practice, place of origin/citizenship/residency aspirants to the sub-sector are: requirements)? Please specify. a) that he/she is a Filipino citizen or a citizen of a foreign country qualified to take the examination as provided for in this Act; b) that he/she is of good moral character; and c) that he/she has not been convicted of any criminal offensive 6. Who conducts/supervises the professional involving moral turpitude. examination/assessment? 6. The Professional Regulatory Board of Architecture (PRBoA) through the Professional Regulation Commission (PRC) in the official exercise of their 7. Are the professional examinations/assessments functions as mandated under law. conducted at regular intervals? Please specify the frequency, fees charged, and differences in practice adopted by individual 7. Administered twice a year (January and June) for the provinces/states. Manila Licensure Examination for Architects (LEA) and between October to December (once) annually for the Foreign LEA. Fees charged are about USD25.00 for each examinee.

III. Qualification Procedures

8. What are the procedures involved in order to qualify as 8. For an individual to qualify as a professional in this sub- a professional in this sub-sector, including the approving sector, the following must be attained: authorities involved, their respective requirements, the fees a) Completion of the minimum five (5)-year B.S. Architecture charged and the timelines that need to be observed? How degree program; long does it normally take to complete the procedures? b) Completion of the two (2) year mandatory apprenticeship period under a Mentor-Architect prior to taking the State licensure examination for architects (LEA); c) Review for, take and pass the State-administered LEA; d) Sign the Roster/ Register for Architects; e) Secure the Certificate of Registration and the identification card (the 3-year renewable license to practice) from the PRC; estimated cost at about USD 50.00; f) Take the Oath of the profession before the PRBoA; estimated cost at about USD 65.00 (excluding guest); and g) become a member of the integrated and accredited professional association for architects (IAPOA).

IV. Foreign Architect Qualification and Requirements for Practice in the Philippines

9. Are there any existing mechanisms (e.g. automatic 9. Yes, but the recognition extended is not automatic recognition or mutual recognition arrangements at i.e. it is the result of the review of the qualifications government level or between professional bodies) to take and experience presented to the Monitoring Committee

REGISTRATION AND LICENSING RULES FOR THE PRACTICE OF THE ARCHITECTURE PROFESSION IN THE PHILIPPINES BY NATURAL AND JURIDICAL PERSONS (as of June 2012) Page 7 of 16 The Republic of the Philippines Professional Regulatory Board of Architecture (PRBoA) www.architectureboard.ph account of qualifications, experience, expertise, license etc. (for both the APEC Architect Register and for the ASEAN acquired or obtained by foreign professionals in another MRA). country? Please explain the mechanism and specific requirements. For qualified Foreign Architects (FAs), the following procedure applies: R.A. No. 9266 SEC. 38. Coverage of Temporary/Special Permits. - 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 title architect, architectural consultant, design consultant, consultant or designer appear on architectural plans, specifications and other related construction documents, for securing buildings permits, licenses and government authority clearances for actual building project construction in the Philippines and advertisement 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: (a) 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; (b) 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; (c) 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 10. Please give a brief explanation of foreign reciprocity (d) Agencies, organizations or individuals, whether public or provisions/requirements for granting registration to private, who secure the services of foreign professional professionals from foreign countries, if any. 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.

10. R.A. No. 9266 SEC. 27. Reciprocity Requirements. - A person who is not a citizen of the Philippines at the time he/she applies to take the examination shall not be allowed to take the licensure examination unless he/she can prove, in the manner provided by the Rules of Court that, by specific provision of law, the country of which he/she is a citizen,

subject or national 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, subjects or national of the country concerned, including the unconditional recognition of prerequisite degrees/diplomas issued by the institutions of learning duly recognized for the purpose by the Government of the Philippines.

V. Licensing Requirements

(a) For Individuals

11. Apart from the qualification requirements mentioned 11. (a) For Individuals as Natural Persons above, what are the licensing requirements for individuals in your country, for example:  Membership in a professional body is required for renewal of . membership in a professional body; the PRC identification card (renewable 3-year license to practice architecture on Philippine soil);  Registration is required with the Professional Regulation . registration with the relevant ministry or any Commission (PRC); other institution;  Has never been convicted of any crime involving moral turpitude; . absence of criminal record;  Has taken the professional Oath before the PRBoA; . taking of an oath;  Minimum age at about 22 years; no maximum age; . minimum and/or maximum age;  Not required (except for Foreign Architects); . subscription to a professional indemnity insurance (including any minimum specification);  Must be a Filipino citizen (or dual citizen); . place of origin/citizenship/residency requirement;  By law, CPD is not a requirement for the renewal of the PRC REGISTRATION AND LICENSING RULES FOR THE PRACTICE OF THE ARCHITECTURE PROFESSION IN THE PHILIPPINES BY NATURAL AND JURIDICAL PERSONS (as of June 2012) Page 10 of 16 The Republic of the Philippines Professional Regulatory Board of Architecture (PRBoA) www.architectureboard.ph

. continuing professional development (CPD); identification card for this sub-sector;

. others (please specify)

If different licensing requirements exist for different activities, please specify.

(b) For Firms (Including Regulations Governing 12. (a) For Firms as Juridical Entities Establishment)

12. Are professional firms regulated? If yes, are there any  By law, architectural firms such as sole proprietorships, specific licensing requirements, for example: professional partnerships and professional corporations are allowed, provided that 75% of the ownership and . legal form in which one can establish (e.g. management of such architectural firms are controlled by partnership, incorporation, other) registered and licensed architects (RLAs), and may need to be registered as architectural firms with the PRC, in compliance with Sec. 37 of R.A, No. 9266, viz: R.A. No. 9266 SEC. 37. Limitation to the Registration of a Firm, Company, Partnership, Corporation or Association. - The practice of architecture is a professional service, admission to which shall be determined upon the basis of individual personal qualifications. However, a firm, company, partnership, corporation or association may be registered or licensed as such for the practice of architecture under the following conditions: (a) Only Filipino citizens properly registered and licensed as architects under this Act may, among themselves, or together with allied technical professionals, form and obtain registration as a firm, company, REGISTRATION AND LICENSING RULES FOR THE PRACTICE OF THE ARCHITECTURE PROFESSION IN THE PHILIPPINES BY NATURAL AND JURIDICAL PERSONS (as of June 2012) Page 11 of 16 The Republic of the Philippines Professional Regulatory Board of Architecture (PRBoA) www.architectureboard.ph

partnership, association or corporation for the practice of architecture; (b) Registered and licensed architects shall compose at least seventy-five percent (75%) of the owners, shareholders, members incorporators, directors, executive officers, as the case may be; (c) 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; (d) Such firm, partnership, association or corporation shall be registered with the Securities and Exchange Commission and Board.  however, in the case of architectural and engineering (A&E) . minimum capital; firms, only the activities of the individual registered and licensed architects (RLA) forming part of such A&E firms can . minimum/maximum number of partners; be regulated by the PRBoA; . qualifications of individual partners;  none prescribed for capitalization, but ideally starting at . membership in a professional body; USD1,000.00 for a sole proprietorship; . incorporation or registration with the relevant  none prescribed, but 2 RLAs as ideal minimum; ministry or any other institution;  must be all RLAs with valid PRC ID cards; . requirements regarding natural persons carrying  must be all members of the IAPOA; out professional services on behalf of the firm,  must be all registered with the PRC; including any restrictions on foreign firms employing local professionals;  as representatives, natural persons must preferably be RLAs and in the case of Foreign Architects/ FAs as natural persons (must possess the Temporary/ Special Permit (TSP) and other permits enumerated under Sec. 38 of R.A. No. 9266 (reference response to item 9 above). Foreign architectural firms cannot lawfully practice as a juridical

. requirements regarding ownership (voting rights) entity unless in association/ consortium with a registered of the firm, including place of architectural firm (registered with the PRC in compliance origin/citizenship/residency requirements of board of with Sec. 37 of R.A. No. 9266. TSPs are not granted to directors and restrictions on partnership with local foreign architectural firms, only to FAs as natural persons; firms.  none contemplated under R.A. No. 9266; and . requirements regarding management/administration of the firm, including place of origin/citizenship/residency requirements of  may be allowed under R.A. No. 9266, only if the board of directors, minimum number/ percentage of architectural firm is registered with the PRC; otherwise, the local directors, managers etc. practice may be viewed as illegal practice of architecture by . others (please specify) a foreign entity.

If different requirements exist for different activities, please specify.

13. Is the use of international or foreign firms names restricted? Please specify. 13. Yes. Temporary/ Special Permits (TSPs) granted by the PRBoA and the PRC are not granted to foreign architectural firms, only to FAs as natural persons.

VI. Licensing Procedures (For Both Individuals and Firms)

14. What are the procedures required for application for 14. For the renewal of the license to practice the profession of license and/or renewal of license, including the authorities architecture in the Philippines by a natural person (over a involved, their respective requirements (including period of say 1 to 3 days): documentation), and fees charged? a) update of IAPOA membership; b) fill up the PRC license renewal application form; c) pay renewal fee of about USD15.00; and d) secure plastic PRC ID card (the renewable license).

How long does it normally take to obtain or renew a license? For securing the registration of a local architectural firm (about Please specify in case of differences between individuals and 1 to 2 weeks): firms. a) Fill up application form for registration as an architectural firm; b) Pay the fee (at about USD25.00); c) Secure the Certificate of Registration as Architectural Firm.

VII. Regulations Governing Entry and Temporary Stay of Natural Persons for the Purpose of Supplying the Professional Services

15. Is the entry and stay of professionals subject to labour 15. Yes. market tests or any other restrictions? Please specify.

VIII. Professional Ethics

16. What activities/disciplines are subject to professional 16. Unethical practices. To curb professional misconduct, ethical codes? Please specify the main policy objectives of misrepresentation, fraud and possibly even attempts or these codes. commission of criminal activities conducted in the guise of the legitimate practice of this sub-sector.

17. Which body or institution develops this code and 17. It is adopted by the State as part of the implementing rules monitors its implementation? What are the consequences in and regulations (IRR) of R.A. No. 9266. The 2006 Code of case of breach of the ethical code by a professional or a firm? Ethical Conduct is primarily directed at natural persons (not to juridical persons such as architectural firms). A registered and licensed architect who violates the 2006 Code of Ethical Conduct stands to have his license to practice suspended or revoked by the PRBoA.

IX. Appeal Mechanisms and Dispute Resolution Procedures

18. Do individuals or firms have the right to appeal if their 18. Yes. application is rejected or their license withdrawn?

19. What body or institution is responsible for the resolution 19. In the case of PRBoA decisions in administrative cases of disputes? involving the practice of the architectural profession in the Philippines, the PRC and then the Office of the President of the Philippines both have appellate jurisdictions. The case is thereafter elevated to the Court of Appeals (CA) and the Supreme Court (SC) thereafter. Cases like this may take 10 years to be finally resolved by the SC. 20. Please provide a summary of the 20. In criminal cases involving criminal violations of R.A. No. mechanism/procedures and a list of relevant 9266 (The Architecture Act of 2004), a preliminary legislation/regulations. investigation is first done by the PRBoA (which makes the prima facie finding) for subsequent indorsement to the PRC which then endorses the criminal case to the Prosecutor’s Office, which shall file the information with the lower courts (if the PRBoA prima facie finding is sustained). The judgments rendered by the lower courts are elevated on appeal to the CA and then the SC. Cases like this may take 15 years to be finally resolved by the SC. X. Additional Information 21. Is it possible to obtain further or updated information on 21. Yes, please visit the PRBoA website at the regulatory regimes of the professional services concerned www.architectureboard.ph. Over 1.0 million visits have through web-sites, journals, or brochures? What sort of already been logged at this website. All information on the information is included? Please give details. regulation of this sub-sector as well as architecture REGISTRATION AND LICENSING RULES FOR THE PRACTICE OF THE ARCHITECTURE PROFESSION IN THE PHILIPPINES BY NATURAL AND JURIDICAL PERSONS (as of June 2012) Page 15 of 16 The Republic of the Philippines Professional Regulatory Board of Architecture (PRBoA) www.architectureboard.ph

advocacy information are found in the website, particularly at the Latest Publications section (for which the use of a downloadable topic guide is required). 22. Please provide contact details (name, address, fax, 22. The Professional Regulatory Board of Architecture telephone, email address, etc.) of the persons who can provide (PRBoA), Office of the Acting Chairman (Armando N. further information/clarification on this sub-sector in your Alli); Email Address: [email protected] or at country. [email protected]; URL/ website: www.architectureboard.ph; Handphones: 0928.3695508 (Smart) 0922.8415161 (Sun) 0916.3822826 (Globe); Wireless Landline (Sun) : 347.5678 Fax: c/o 02. 286.2678; or PRBoA Fax: c/o 02.286.2678; or Professional Regulation Commission (PRC) Office of the Assistant Secretary (AsSec) to the Professional Regulatory Boards (PRBs), 3/F Professional Regulation Commission (PRC) Main Building, PRC Compound, P. Paredes St., cor. N. Reyes St., Sampaloc 1008, City of Manila, PH, P.O. Box 2038 Manila Tel. 02.735.1533 (c/o Mrs. Myrna Taruc) or c/o Tel. 02.314.0018. Nothing follows.

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