GUIDELINES IMPLEMENTING SEC. 38, ART. IV OF R.A. NO. 9266, KNOWN AS “THE ARCHITECTURE ACT OF 2004”, AND SEC. 38, RULE IV OF BOARD RES. NO. 07, SERIES OF 2004, CITED AS THE “IRR …

WHEREAS, Sec. 38, Art. IV of R.A. No. 9266, known as “The
Architecture Act of 2004”, and Sec. 38, Rule IV of Board Res. No. 07,
series of 2004, cited as the “IRR of the Architecture Act of 2004”,
provide that foreign national, who intends to perform architectural
services in the Philippines shall secure a special/temporary permit from
the Professional Regulatory Board of Architecture (the “Board”),
subject to approval by the Professional Regulation Commission (the
“Commission”) upon compliance with all legal and procedural guidelines;

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

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

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

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

NOW, THEREFORE, the Board RESOLVES, as it is hereby RESOLVED, to
require all foreign architects from countries/states with architectural
practice reciprocity with the Philippines who intend to practice the
architectural profession in the Philippines under Philippine projects,
to file an application for and to secure a Temporary/Special Permit from the Board and the Commission, in accordance with Sec. 38, Art. IV of R.A. No. 9266 and Sec. 38, Rule IV of Board Res. No. 07, series of 2004.

FURTHER, RESOLVED, for the implementation of the afore-stated
provisions of law and IRR, to promulgate the following Guidelines,
providing for the procedure on the issuance of Temporary/Special
Permits to foreign architects for the practice of architecture in the
Philippines under the derivative laws and rules and regulations:

GUIDELINE I. DEFINITION OF TERMS

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

1) “Architect” means a person professionally and
academically qualified, registered and licensed under R.A. No. 9266 with
a Certificate of Registration and Professional Identification (ID) Card
issued by the Professional Regulatory Board of Architecture (the
“Board”) and the Professional Regulation Commission (the “Commission”),
and who is responsible for advocating the fair and sustainable
development, welfare and cultural expression of society’s habitat in
terms of space, forms, and historical context;

a) “Architect-of-record (Aor)” means the architect registered and licensed under R.A. No. 9266, who is directly
and professionally responsible for the total design of the project for
the client and who shall assume the civil liability for the plans,
specifications and contract documents he/she has signed and sealed;

b) “Architect-in-charge of construction (Aicc)” means
an architect registered and licensed under R.A. No. 9266, who is
directly and professionally responsible and liable for the construction
supervision of the project;

c) “Consulting Architect” means the architect
registered and licensed or permitted to practice under R.A. No. 9266,
who is professionally and academically qualified and with exceptional or
recognized expertise or specialization in any branch of architecture;

2) “General Practice of Architecture” means the act of
planning and architectural designing, structural conceptualization,
specifying, supervising an giving general administration and responsible
direction to the erection, enlargement or alterations of buildings and
building environments and architectural design in engineering structures
or any part thereof; the scientific, aesthetic and orderly coordination
of all the processes which enter into the production of a complete
building or structure performed through the medium of unbiased
preliminary studies of plans, consultations, specifications,
conferences, evaluations, investigations, contract documents and oral
advice and directions regardless of whether the persons engaged in such
practice are residents of the Philippines or have their principal office
or place of business in this country or another territory, and
regardless of whether such persons are performing one or all these
duties, or whether such duties are performed in person or as the
directing head of an office or organizations performing them;

3) “Scope of the Practice of Architecture” encompasses
the provision of professional services in connection with the site and
physical planning and the design, construction, enlargement,
conservation, renovation, remodeling, restoration or alteration of a
building or group of buildings. Services may include, but are not
limited to:

a) planning, architectural designing and structural conceptualization;
b) consultation, consultancy, giving oral or written advice and
directions, conferences, evaluations, investigations, quality surveys,
appraisals and adjustments, architectural and operational planning, site
analysis and other pre-design services;
c) schematic design, design development, contract documents and construction phases including professional consultancies;
d) preparation of preliminary, technical, economic and financial
feasibility studies of plans, models and project promotional services;
e) preparation of architectural plans, specifications, bill of
materials, cost estimates, general conditions and bidding documents;
f) construction and project management, giving general management,
administration, supervision, coordination and responsible direction or
the planning, architectural designing, construction, reconstruction,
erection, enlargement or demolition, renovation, repair, orderly
removal, remodeling, alteration, preservation or restoration of
buildings or structures or complex buildings, including all their
components, sites and environs, intended for private or public use;
g) the planning, architectural lay-outing and utilization of
spaces within and surrounding such buildings or structures, housing
design and community architecture, architectural interiors and space
planning, architectural detailing, architectural lighting, acoustics,
architectural lay-outing of mechanical, electrical, electronic, sanitary, plumbing, communications and other utility systems, equipment and
fixtures;
h) building programming, building administration, construction
arbitration and architectural conservation and restoration;
i) all works which relate to the scientific, aesthetic and orderly
coordination of all works and branches of the work, systems and
processes necessary for the production of a complete building or
structure, whether for public or private use in order to enhance and
safeguard life, health and property and the promotion and enrichment of
the quality of life, the architectural design of engineering structures
or any part thereof; and
j) all other works, projects and activities which require the
professional competence of an architect, including teaching of
architectural subjects and architectural computer-aided design;

4) “Board” refers to the Professional Regulatory Board of Architecture;

5) “Commission” means the Professional Regulation Commission;

6) “Integrated and Accredited Professional Organization of Architects (IAPOA)”
means the existing official national organization of all architects of
the Philippines in which all registered Filipino architects shall be
members without prejudice to membership in other voluntary professional
associations;

7) “DFA” shall mean the Department of Foreign Affairs;

8) “DOLE” shall mean the Department of Labor and Employment;

9) “GPPB” means the Government Procurement Policy Board that
implements RA 9184 (The Government Procurement Reform Act of 2003);

10) “Architectural Documents” means an architectural
drawings, specifications, and other outputs of an Architect that only an
Architect can sign and seal consisting, among others, of vicinity maps,
site development plans, architectural program, perspective drawings,
architectural floor plans, elevations, sections, ceiling plans,
schedules, detailed drawings, technical specifications and cost
estimates, and other instruments of service in any form;

11) “Architectural Interiors” means a detailed planning and
design of the indoor/enclosed areas of any proposed building/structure,
including retrofit or renovation work and which shall cover all
architectural and utility aspects, including the architectural lay-outing of all building engineering systems found therein;

12) “Architectural Plans” means a two (2) dimensional
representations reflecting a proposed development/redevelopment of an
enclosed/semi-enclosed or open area showing features or elements such as
columns, walls, partitions, ceiling, stairs, doors, windows, floors,
roof, room designations, door and window call-outs, the architectural
lay-out of equipment, furnishings, furniture and the like,
specifications call outs, elevation references, drawing references and
the like; the architectural plan is the representation of a lateral
section for a proposed building/structure (running parallel to the
ground) and at a height of from 1.0 – 1.5 meters above the finished
floor; the term may also collectively refer to other architectural
designs such as cross/longitudinal sections, elevations, roof plan,
reflected ceiling plan; detailed sections and elevations showing
architectural interiors, detailed architectural designs, door and window
schedules, other architectural finishing schedules and the like;

13) “Building” means a structure for the purpose and function of habitation and other uses;

14) “Special/Temporary Permit” refers to a permit
issued by the Commission through the Board, to foreign architect from a
country with reciprocal relations with the Philippines insofar as the
practice of architecture is concerned, signifying that the individual
concerned has successfully passed scrutiny by the Board and is
subsequently allowed by the Commission to practice his/her profession as
Architect in the Philippines for a limited period of time; the Special/Temporary Permit can only be issued to an individual foreign architect
(a natural person) and not to foreign architectural firms (juridical
persons) and is issued solely for the practice of architecture or of any
of its recognized branches; the document does not permit the holder to
engage in any other profession regulated by the Commission, in
non-regulated professions or in businesses of any kind; the Temporary/ Special Permit cannot
be issued to a foreign architect from a country with which the
Philippines has no reciprocal architectural practice arrangements; the Special/Temporary Permit
is issued only for one (1) project and does not allow the foreign
architect to engage in work for another project not covered by the
permit;

15 ) “Code of Ethical Conduct” means a document which
forms part of the Architects’ National Code which contains the norms and
principles governing the practice of the profession of architecture in
the highest standards of ethical conduct; this document is applicable to
foreign architects who are holders of special/temporary permits to
practice architecture in the Philippines;

16) “Consulting Architect” a registered and licensed
Architect, who is academically and professionally qualified, and with
exceptional or recognized expertise or specialization in any branch of
architecture; the Consulting Architect assumes no civil liability under
Art. 1723 of the Civil Code unless he/she attempts and/or succeeds to
interfere or contravene the legal and professional functions of the
Architect-of-Record; the Consulting Architect assumes the normal civil
liability under the service agreement he/she signs with a Client;

17) “Contract Documents” are the documents attached to
the agreement identified therein as Contract Documents, including all
additions, deletions and modifications incorporated therein. These
generally include the following documents:

a) Special Provisions or conditions
b) General Conditions
c) Drawings
d) Specifications
e) Other Bid Documents

18) “Foreign Architect” means an architect who is not a
Filipino citizen nor an Architect registered and licensed in the
Philippines, but who is duly registered and licensed in his/her home
country as an Architect; the term is legally applicable to architects
from countries with which the Philippines has valid reciprocal
architectural practice arrangements;

19) “Filipino Counterpart” the local Philippine
architect (individual or natural person) or architectural firm, company, partnership corporation or association (juridical persons) that must
work in association with a foreign architect (individual or natural
person), partnership or corporation, on a project on Philippine soil;

20) “Planning” refers to physical planning at site, community or urban level by an Architect;

21) “Physical Planner” refers to an Architect who
specializes in the detailed physical planning of land or property on
which vertical structures such as buildings and/or structures and
horizontal developments such as rights-of-way, open spaces and
recreational/sports/entertainment/tourism and related facilities are to
be proposed;

22) “Physical Planning” the detailed physical planning
of land or property on which vertical structures such as
buildings, monuments and/or structures and horizontal
developments such as rights-of-way, open spaces and
recreational/sports/establishments/tourism and related facilities are
to be proposed;

23) “Site Planning” the detailed site development
planning of all areas surrounding a building/structure and/or a group of
buildings/structures but only within the property limits of the land on
which such buildings/structures are to be erected;

24) “Standards of Professional Practice” means
a document embodied in the Architects National Code, which defines all
aspects of professional service, prescribes minimum basic fees and
establishes the rights and obligations of both the Architect and the
client; this document is applicable to foreign architects who are
holders of special/temporary permits to practice architecture in the
Philippines;

25) “Specialization” an expertise and special knowledge
in the field of architecture acquired by an Architect through formal
education and training or through continuing professional development
and experience, for which the Architect may be engaged as Consulting
Architect;

26) “Technology Transfer” refers to contracts or
arrangements involving the transfer of systematic knowledge for the
manufacture of a product, the application of a process, or rendering of a
service including management contracts; and the transfer, assignment
or licensing of all forms of intellectual property rights;

27) “Urban Design” physical and systematic design
undertaken by an Architect on a community and urban plane, more
comprehensive than, and an extension of the architecture of buildings,
spaces between buildings, entourage, utilities and movement systems;

28) “Individual architectural practice” refers to the practice of architecture by a natural person duly registered and licensed by his/her country of origin/birth;

29) “Group architectural practice” refers to the
practice of architecture by a duly registered juridical person i.e. an
architectural firm, company, partnership, corporation or association
consisting of two (2) or more natural persons duly registered and
licensed individually (as natural persons) to practice the profession of
architecture by his/her country of origin/birth;

30) “Firm” shall refer to a private sector juridical
entity such as a duly registered sole proprietorship, company,
partnership, corporation or association and the like, which engages or
employs foreign architects for their project/s; such entities may
include registered architectural firms, other professional firms,
construction, real estate development, and related types of firms;

31) “Agency” shall refer to any office, authority,
instrumentality or any public sector juridical entity and the like of
the Philippine national and local governments, inclusive of
government-owned and controlled corporations (GOCCs) and the like, which
engage or employ foreign architects for their project/s;

32) “Organization” shall refer to other private or
public sector juridical entities not defined herein as Agency or Firm
which may include institutions, such as schools,hospitals, research
facilities, private non-governmental organizations (NGOs) and the like,
which engage or employ foreign architects for their project/s; and

33) “Individual” refers to a natural person who engages or employs foreign architects for his/her project/s.

GUIDELINE II. TEMPORARY/SPECIAL PERMITS

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

1) That he/she is a citizen or subject of a country which
specifically permits Filipino professionals to practice his/her
profession within their territorial limits, on the same basis as the
subjects or citizens of such foreign state or country;

2) That he/she is legally qualified to practice architecture in
his/her own country and that his/her expertise is necessary and
advantageous to our country, particularly in the aspects of technology
transfer and specialization;

3) That foreign nationals shall be required to work with a
Filipino counterpart and shall also be responsible for public utilities
and taxes due to the Philippine government, relative to their
participation in, or professional services rendered to the project, in
accordance with the established implementing rules and regulations
providing for the procedure for the registration and/or issuance of
temporary/special permits to foreign architects allowed by law to
practice their profession in the Philippines by the Board and the IAPOA;
and

4) Firms, agencies, organizations or individuals, whether public
or private, who secure the services of a foreign professional
authorized by law to practice in the Philippines for reasons
aforementioned, shall be responsible for securing a special permit from
the Professional Regulation Commission (PRC) and the Department of Labor
and Employment (DOLE) pursuant to PRC and DOLE rules.

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

SECTION 4. Application for Temporary/Special Permit
– The application for temporary/special permit shall be accomplished in
the form prescribed by the Board, in triplicate, and duly signed by the
duly authorized representative/s of the applicant firms, agencies,
organizations or individuals, whether public or private, in satisfaction
of Sec. 38, Art. IV of R.A. No. 9266 . The application form, hereto attached as Annex “A”^[*] , shall contain such information as may be required by the Board including, but not limited to, the following data:

1) the full name and nickname of the foreign architect for which
the temporary/special permit is sought and who shall engage in the
general practice of architecture or in undertaking any part of the scope
of architectural practice as defined under Section 3.3 and 3.4, Article I of R.A. No. 9266; photocopies of the foreign architect’s passport shall accompany the application;

2) the full name/s of the sole practitioner, partners,
incorporators/directors/executive officers and the like who are
registered /licensed architects and who shall act as the Filipino
counterpart architect, together with copies of their respective Certificates of Registration, current Professional Identification (“ID”) Cards issued by the Commission and their Professional T ax Receipts (“PTR” ); the full names of the said architects must match the names appearing in the Certificates of Registration and the Professional Identification Cards;

3) in case the Filipino counterpart is an architectural firm,
submit the Certificate of Registration from the SEC in the case of
companies, partnerships, corporations and associations and from the DTI
in the case of sole proprietorships;

4) complete and current/updated postal address/es,
telephone/telefax numbers, e-mail address/es, and website/s (if any) of
the principal office, branch/es or sub-offices as applicable of the
following entities:

a. agencies, organizations or individuals, whether public or private, who secure the services of a foreign architect;
b. the foreign architect; and
c. the local counterpart architect;

5) Statement as to the exact nature of the work of the foreign
architect and the complete and current/updated postal address/es,
telephone/telefax numbers, e-mail address/es, of the office/s or
premises where he/she will be working and could be contacted by the
Board or Commission if needed;

6) The names of the Directors and Executive Officers appearing in the Articles of Incorporation on file with the SEC and in the General Information Sheet (GIS)
submitted annually to the SEC of the agencies, organizations or
individuals, whether public or private, who secure the services of a
foreign architect;

7) Taxpayer Identification Number (TIN) of the
applicant firms, agencies, organizations or individuals, whether public
or private, who secure the services of a foreign architect; and

8) Current Business Permit of the applicant firms, agencies,
organizations or individuals, whether public or private, who secure the
services of a foreign architect.

SECTION 5. Renewal of Temporary/Special Permit
– The temporary/special permit issued to a foreign architect shall be
renewed by the applicant firms, agencies, organizations or individuals
before its expiry date. Renewals of the Temporary/Special Permit must indicate changes in work scope that shall take place (or as applicable).

SECTION 6. Action on Application for Temporary/Special Permit – The Board shall duly authenticate all applications for temporary/special permit received
in the proper and complete form and, after having passed upon such
applications shall, not later than twenty one (21) days after the
application is filed, recommend approval or denial of the application,
to the Commission.

SECTION 7. Issuance of the Temporary/Special Permit – The
Board subject to approval by the Commission shall issue to the
applicant agencies, organizations or individuals the corresponding
Temporary/Special Permit, allowing the concerned foreign architect to
legally engage in the general practice of architecture or to legally
undertake any part of the scope of architectural practice as
defined under Section 3.3 and 3.4, Article I of R.A. No. 9266 during the permitted period only. Unless sooner revoked, cancelled or withdrawn, said Temporary/Special Permit shall
be valid for the period stated; and shall be renewed before expiry,
upon full payment of the prescribed fees in full accord with this
Guidelines.

SECTION 8. Use of the Temporary/Special Permit –
The Temporary/Special Permit number and the name of the foreign
architect concerned shall be displayed in a prominent place on
architectural documents, with the pertinent information as to his/her
role in the preparation of the architectural document/s.

SECTION 9. Roster of Foreign Architects Issued Temporary/Special Permits – An official roster listing the names of the foreign architects holding temporary/special permits and
their expiry dates, shall be kept current/updated by the Board and the
Secretary of the Commission. Copies of such a roster shall be made
freely available to all concerned agencies involved in the review and
approval of architectural documents and shall be made available to the
public upon request and payment of the prescribed fee.

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

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

SECTION 12. Only Individual Foreign Architects to Hold Temporary/Special Permits – Only individual foreign architects (natural persons only) shall be issued and allowed to hold a temporary/special permit. The privilege is not to be granted to foreign architectural firms or entities that are in group architectural practice.

SECTION 13. Applicability of Philippine Laws to the Practice of
Architecture by Foreign Architects Holding Temporary/Special Permits
– Philippine laws, especially R.A. No. 9266, its implementing rules and
regulations (IRR) and its derivative regulations, not limited to the
Code of Ethical Conduct and the Standards for Professional Practice, and
R.A. No. 8981 and its IRR and derivative policies all apply to the
local practice of the foreign architect holding a temporary/special permit.
It shall be incumbent upon the Filipino counterpart-architect to
thoroughly educate/instruct/advise the foreign architect as to the
coverage and applicability of Philippine laws, particularly those that
apply to the planning and design of buildings and their environs and
those that apply to architectural practice.

GUIDELINE III. VOLUNTARY RETURN OF THE TEMPORARY/SPECIAL PERMIT

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

SECTION 15. Who May File the Notice of Voluntary Return of Temporary/Special Permit and Conditions for Filing
– The applicant agencies, organizations or individuals or the foreign
architect duly issued temporary/special permits may jointly or
separately file the notice. In case only the applicant agencies,
organizations or individuals shall file the notice, the foreign
architect should first be properly notified of the fact by the applicant
firms, agencies, organizations or individuals before the notice can be
filed with the Board. A duly notarized certification that the foreign
architect has already been properly notified shall first be executed by a
duly authorized representative of the applicant agencies,
organizations, or individuals.

SECTION 16. Filing for the Suspension or Revocation of the Permit
– Any natural or juridical person, including foreign entities, may file
a complaint with the Board for the suspension or cancellation of temporary/special permits issued
to foreign architects, particularly if the complaint involves the
filing with the Board of fraudulent information as part of the
application for temporary/special permits or if it involves the
willful violation of R.A. No. 9266, its implementing rules and
regulations including this Resolution and its derivative regulations.

SECTION 17. Filing for Reinstatement – Any applicant
agency, organization, or individual and/or foreign architect, who has
filed a notice for the voluntarily return of temporary/special permits with
the Board which has been acted upon by the Board and the Commission,
may file an application anew in full accord with this Guidelines.

SECTION 18. Conflict Resolution between the Applicant Agency,
Organization or Individual and the Foreign Architect Holding the
Temporary/Special Permit as Applicable to the Filing of the Notice of
Return – In case of conflict between the applicant firm, agency,
organization or individual and the foreign architect on the matter of
voluntary return of the temporary/special permit or of the need to
cancel or reinstate the same, the Board shall schedule one (1) hearing,
attended by one (1) Board member before issuing its decision. The Board
’s decision may be appealed with the Commission.

SECTION 19. Cessation to Practice as a Foreign Architect Holding a Temporary/ Special Permit – upon receipt from the Board of the written notice of its acceptance of the return of the temporary/special permit,
the foreign architect shall immediately cease to engage in the general
practice of architecture or to undertake any part of the scope of
architectural practice as defined under Section 3.3 and 3.4, Article I of R.A. No. 9266.

SECTION 20. Publication of the Roster of Returned Temporary/Special Permits – The Board, motu proprio,
may publish the roster of foreign architects with returned
temporary/special permits, and shall freely furnish copies of the roster
to pertinent government regulatory agencies.

GUIDELINE IV. EXISTING OR OPERATING FIRMS
OR ENTITIES THAT FAIL OR REFUSE TO APP LY FOR TEMPORARY/SPECIAL
PERMITS FOR THEIR FOREIGN ARCHITECT/S

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

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

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

GUIDELINE V. FEES AND PENALTIES

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

SECTION 25. Suspension or Cancellation of the Temporary/Special Permits – After due notice and hearing, the Board shall have the power to suspend, or cancel the Temporary/Special Permit of the concerned foreign architect for cause, in full accord with this Guidelines.

SECTION 26. Specific Violations of This Resolution/This Guidelines – Among the specific violations of this Resolution/this Guidelines are:

1) engaging in the practice of architecture in the Philippines without a Special/Temporary Permit or without having conformed to the provisions of R.A. No. 9266;

2) presenting or attempting to use as his/her own the Special/Temporary Permit of another foreign architect;

3) giving any false or forged evidence of any kind to the Board and the Commission;

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

5) using or advertising any title or description tending to
convey the impression that the foreign architect is legally engaged in
the general practice of architecture or legally capable of
undertaking any part of the scope of architectural practice as defined
under Section 3.3 and 3.4, Article I of R.A. No. 9266, without holding a valid Special/ Temporary Permit;

6) employing foreign architects from countries with which the
Philippines has no reciprocal architectural practice arrangements; and

7) violating any of the provisions of R.A. Nos. 9266 and 8981 and
the implementing rules and regulations and of this Guidelines.

SECTION 27. Penal Provisions – Consistent with Section 29, Article IV of R.A. No. 9266, any person (natural or juridical) who shall violate any of the
provisions of R.A. No. 9266 (specifically Section 36), its implementing
rules and regulations (particularly under this Resolution), the Code of
Ethical Conduct and Standards of Professional Practice, or any policy
of the Board and the Commission, shall be guilty of misdemeanor and
charged in court by the Commission and/or the Board, or by any person
and shall, upon conviction be sentenced to a fine of not less than One
hundred thousand pesos (P100,000.00) but not more than Five million
pesos (P5,000,000.00) or to suffer imprisonment for a period not less
than six (6) months or not exceeding six (6) years, or both, at the
discretion of the Court. Violation of Section 7 (k) and (l) of R.A. No.
8981 shall be punishable under Sec. 16 of the said law.

GUIDELINE VI. SEPARABILITY CLAUSE, REPEALING CLAUSE, AND EFFECTIVITY

SECTION 28. Separability Clause – If any provisions or
portions of this set of guidelines are declared not constitutional or
not valid, the remainder thereof shall not be affected by such
declaration.

SECTION 29. Repealing Clause – Any provisions of the
rules and regulations, codes orders, resolutions or measures, policies
or parts thereof issued by the Board and/or the Commission pursuant to
R.A. No. 9266 and the IRR thereof, R.A. No. 8981 and the IRR thereof
which are inconsistent with this Board Resolution, or Guidelines, are
hereby superseded, repealed, or amended accordingly.

SECTION 30. Effectivity – This Guidelines shall take effect after fifteen (15) days following the complete and full
publication thereof in the Official Gazette or any newspaper of general
circulation in the Philippines.

Adopted: 28 Jan. 2008

(SGD.) ARMANDO N. ALLI Chairman
(SGD.) ANGELINE T. CHUA CHIACO Member	(SGD.) MARIETTA B. SEGOVIA Member
ATTESTED:
(SGD.) CARLOS G. ALMELOR Secretary, Professional Regulatory Boards
APPROVED:
(SGD.) LEONOR TRIPON-ROSERO Chairperson
(SGD.) RUTH RAÑA- PADILLA Commissioner	(SGD.) NILO L. ROSAS Commissioner

 

---

^[*] Text Available at Office of the National Administrative Register, U.P. Law Complex, Diliman, Quezon City