RA 9266

SECTION 36-47
By: NEKHEBET M. ZAFRANCO
 SECTION 36:
COLLECTION OF
PROFFESIONAL FEES
IT SHALL BE UNLAWFUL FOR ANY
UNREGISTERED ARCHITECT TO COLLECT AN
ARCHITECTURAL FEE.
BOARD RESOLUTION NO. 5 SERIES OF 2005
INTELLECTUAL PROPERTY (IP)- CREATIONS OF INTELLECT
DESIGNATED TO OWNERS BY LAW
INTELLECTUAL PROPERTY RIGHTS (IPRs)- RIIGHT GRANTED
TO THE OWNERS OF IP
INTELLECTUAL PROPERTY LAW
 ALL NATIONAL AND LOCAL AGENCIES ARE PROHIBITED TO
COLLAPSE EXISITING PLANTILLA POSITIONS FOR ARCHITECTS FOR
THE PURPOSE OF RECREATING THE SAME TO NON-ARCHITECT
POSITIONS.
 ALL EXISTING PLANTILLA POSITIONS IN THE NATIONAL AND LOCAL
GOVERNMENT WHICH INCLUDES THE PRACTICE OF
ARCHITECTURE, SHALL BE AUTOMATICALLY RECLASSIFIED AS
ARCHITECT POSITIONS AND SHALL BE ACCORDED THE SALARY
PERTAINING TO THE LATTER IN ACCORDANCE WITH SALARY
STANDARDIZATION LAW.
 THE ARCHITECT-OF-RECORD SHALL COLLECT FROM THE (GOCC’S)
AN INCENTIVE PAY OF 1.5% OF THE PROJECT COST OF EVERY
PROJECT PROVIDED THAT IT SHALL NOT EXCEED 50% OF HIS
ANNUAL SALARY WHICH SHALL BE PAID UPON THE COMPLETION
OF THE PROJECT.
 SECTION 37:
LIMITATION OF THE
REGISTRATION OF
FIRM,COMPANY,
PARTNERSHIP
CORPORATION OR
ASSOCIATION
THE PRACTICE SHALL BE DETERMINED UPON
THE BASIS OD INDIVIDUAL PERSONAL
QUALIFICATIONS.
THINGS TO CONSIDER IN THE REGISTRATION:
ONLY FILIPINO CITIZENS, TOGETHER WITH ALLIED
TECHNICAL PROFESSIONALS, MAY FORM REGISTRATION
AS A FIRM, COMPANY, PARTNERSHIP CORPORATION OR
ASSOCIATION FOR THE PRACTICE OF ARCHITECTURE.
ARCHITECTS SHALL COMPOSE ATLEAST 75%
INDIVIDUAL MEMBERS OF SUCH PARTENERSIP OR
ASSOCIATION SHALL BE RESPONSIVE OF THEIR
INDIVIDUAL OR COLLECTIVE ACTS AS AN ENTITY
SUCH FIRM, COMPANY, PARTNERSHIP CORPORATION
OR ASSOCIATION SHALL BE REGISTERED WITH THE SEC
AND BOA
 SECTION 38:

COVERAGE OF
TEMPORARY/
SPECIAL PERMITS
FOREIGN PROFESSIONAL SHALL SECURE A
SPECIAL/ TEMPORARY PERMIT FROM BOA
SUBJECT TO APPROVAL OF PRC.
PROVIDED, THAT A FOREIGNER SHALL BE
DEEMED PRACTICING ARCHITECTURE IN THE
PHILIPPINES, WHETHER THE SERVICES IS
CONSUMMATED IN A FOREIGN COUNTRY.
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 abilities
and taxes due to the Philippine government
d) Agencies, organization or individuals, (public or private) who
secure the services of a foreign professional, shall be
responsible for securing special permit from the PRC and
DOLE
 IN THE ABSENCE OF BILATERAL AGREEMENT, THE FOREIGN
NATIONAL SHALL SUBMIT DOCUMENTARY PROOF OR EVIDENCE
ALLOWING FILIPINO ARCHITECT TO PRACTICE THE PROFFESION IN
THEIR HOME COUNTRY WITHOUT ANY LIMITATION.
 TECHNOLOGY TRANSFER AND/OR SPECIALIZATION MUST BE
INDENTIFIED AND SUBSTANTIATED CONSISTENT WITH HIS EXPERTISE.
 A FILIPINO COUNTERPART SHALL BE THE ARCHITECT-OF-RECORD,
WITH HIS DUTIES,FUNCTIONS AND RESPONSIBILITIES DULY DEFINED
IN A COVERING AGREEMENT.
 ADVERTISEMENTS AND BILLBOARD FOR MARKETING/ PROMOTION
SHALL PROMINENTLY DISPLAY THE NAMEON THE ARCHITECT-OF-
RECORD.
 UPON ISSUANCE OF THE TEMPORARY/SPECIAL PERMIT, THE
FOREIGN NATIONAL MAY BECOME MEMBER OF THE UAP SUBJECT
TO THE RULES AND PROCEDURES OF UAP MEMBERSHIP.
 SECTION 39:
LIABILITY INSURANCE OF A
PERSON OR ENTITY ALLOWED
TO PRACTICE UNDER A
TEMPORARY/SPECIAL PERMIT
 FOREIGN NATIONALS, INCLUDING FORMER FILIPINOS
WANTING TO ENGAGE IN THE GENERAL PRACTICE OF
ARCHITECTURE MUST SECURE LOCALLY THEIR
PROFESSIONAL LIABILITY INSURANCE OR MALPRACTICE
INSURANCE OR THEIR ACCEPTABLE EQUIVALENT IN
BOND FORM
 THE IMPLEMENTING RULES AND REGULATIONS FOR SUCH
A REQUIREMENT FOR PRACTICE SHALL BE IMPLEMENTED
BY THE BOA IN CONSULTATION WITH THE INTEGRATED
AND ACCREDITED PROFESSIONAL ORGANIZATION OF
ARCHITECTS (IAPOA) WITHIN 6 MONTHS.
 SECTION 40:

INTEGRATION OF
THE ARCHITECTURE
PROFESSION
THE ARCHITECTURE PROFESSION SHALL BE INTEGRATED
INTO 1 NATIONAL ORGANIZATION WHICH SHALL BE
ACCREDITED BY THE BOARD
THAT SUCH AN ORGANIZATION SHALL BE REGISTERED
WITH THE SEC AS A NON-PROFIT, NON-STOCK
CORPORATION TO BE GOVERNED
BY BY-LAWS PROVIDING FOR A DEMOCRATIC ELECTION
OF ITS OFFICIALS.
AN ARCHITECT DULY REGISTERED WITH THE BOARD SHALL
AUTOMATICALLY BECOME A MEMBER OF THE
INTEGRATED AND ACCREDITED PROFESSIONAL
ORGANIZATION OF ARCHITECTS
MEMBERSHIP IN THE IAPOA SHALL NOT BE A BAR TO
MEMBERSHIP IN OTHER ASSOCIATIONS OF ARCHITECTS.
 SECTION 41:

IMPLEMENTING
RULES AND
REGULATIONS
60 DAYS AFTER THE EFFECTIVITY OF THIS ACT, THE
BOA, SUBJECT TO THE APPROVAL OF THE PRC
IN COORDINATION WITH THE IAPOA, BOA SHALL
ADOPT AND PROMULGATE IRR. CODE OF
ETHICAL CONDUCT AND STANDARDS OF
PROFESSIONAL PRACTICE, TO CARRY OUT THE
PROVISIONS OF THIS ACT AND WHICH SHALL BE
EFFECTIVE (15) DAYS FOLLOWING THEIR
PUBLICATION IN THE OFFICIAL GAZETTE OR IN (2)
MAJOR DAILY NEWSPAPERS OF GENERAL
CIRCULATION
 SECTION 42:

APPROPRIATIONS
THE CHAIRPERSON OF THE PRC SHALL
IMMEDIATELY INCLUDE IN THE
COMMISSION'S PROGRAMS THE
IMPLEMENTATION OF THIS ACT, THE
FUNDING OF WHICH SHALL BE INCLUDED IN
THE ANNUAL GENERAL APPROPRIATIONS
ACT
 SECTION 43:

ACT NOT
AFFECTING OTHER
PROFESSIONALS
 SECTION 43:

ACT NOT
AFFECTING OTHER
PROFESSIONALS
RA 9266 SHALL NOT BE CONSTRUED
TO AFFECT OR PREVENT OTHER
PRACTICES
 SECTION 44:

ENFORCEMENT
OF THE ACT
 IT SHALL BE THE PRIMARY DUTY OF THE
PRC, BOA AND OTHER GOVERNMENT AGENCIES TO
EFFECTIVELY ENFORCE THE PROVISIONS OF THIS ACT
(9266)
 THE SECRETARY OF JUSTICE SHALL ACTS AS LEGAL
ADVISER TO THE COMMISSION
 ANY PERSON MAY BRING BEFORE PRC, BOA OR OFFICER
OF THE LAW CASES OF ILLEGAL PRACTICE OR
VIOLATIONS OF THIS ACT.
 BOA SHALL ASSIST THE COMMISSION, IN FILLING CASES
OF ILLEGAL PRACTICE OR VIOLATIONS OF THE ACT
THOUGH THE CONCERNED PROSECUTION OFFICE IN
ACCORDANCE WITH THE LAW AND THE RULES OF COURT
 SECTION 45:

SEPARABILITY
CLAUSE
IF ANY PROVISION SHALL BE
DECLAIRED UNCONSTITUTIONAL,
SUCH JUDGMENT SHALL NOT
AFFECT OTHER PART HEREOF.
 SECTION 46:

REPEALING
CLAUSE
RA NO. 545 AS AMENDED BY RA
NO. 1581 ARE HEREBY REPEALED
 SECTION 47:

EFFECTIVITY
This Act shall take effect after 15
days following its publication in the
Official Gazette or in 2 newspapers
of general circulation.