Ra 545 June 17 1950

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 11

Republic Act No.

545 June 17, 1950


An Act to Regulate the Practice of Architecture in the Philippines
Congress of the Philippines
17 June 1950

Article I
Organization

SECTION 1. Creation and composition of a Board of Examiners for Architects.— Within


thirty days after the approval of this Act, there shall be created a Board of Examiners
for Architects to be composed of a chairman and two members to be appointed by the
Secretary of Public Works and Communications.

SECTION 2. Powers vested in Board.— The Board of Examiners for Architects shall


administer the provisions of this Act; issue, suspend or revoke certificates of
registration for the practice of architecture; and administer oaths in connection with
such certificates of registration.

In carrying into effect the provisions of this Act, the Board may, under the hand of its
chairman and the seal of the Board, subpoena witnesses, compel their attendance, and
require the production of books, documents, and similar evidence in a case involving
violation of any of the provisions of this Act. Any member of the Board may administer
oaths or affirmations to witnesses appearing before it. If any person shall refuse to obey
any subpoena so issued, or shall refuse to testify or produce any book, document, etc.,
the Board may present its petition to the Court of First Instance, setting forth the facts,
and thereupon such court shall, in a proper case, issue its subpoena to such person,
requiring his appearance before such court and there to testify or produce such books,
papers, documents, etc., as may be deemed necessary and pertinent by the Board.
Any person failing or refusing to obey the subpoena or order of the said court may be
proceeded against in the same manner as for refusal to obey any other subpoena or
order of the court.

The Board shall, from time to time, look into conditions affecting the practice of
architecture in the Philippines and, whenever necessary, recommend to the Secretary
of Public Works and Communications the adoption of such measures as may be
deemed proper for the maintenance of good ethics and standards in the practice of
architecture in the Philippines and for the protection of public welfare, life, health, and
property.

SECTION 3. Qualifications of Board members.— Each member of the Board shall, at the


time of his appointment:

(1) Be a citizen of the Philippines and a resident thereof;

(2) Hold the degree of B.S. Arch., B. in Arch., M.S. Arch., M. in Arch., or the equivalent
thereof conferred by an architectural school or college legally chartered and of good
standing;
(3) Be legally qualified to practice architecture for at least ten years and actually in
active practice on the date of his appointment;

(4) Not be a member of the faculty of any school, college or university where a regular
course in architecture is taught, nor have pecuniary interest in such institution. No
former member of the faculty of any school, institute or university where architecture is
taught can become a member of the board unless he had stopped teaching for at least
three consecutive years.

SECTION 4. Terms of office.— The members of the Board shall hold office for a term of
three years after appointment or until their successors shall have been appointed and
shall have duly qualified. The members of the Board first appointed under this Act shall
hold office for the following terms: One member for one year; one member for two
years; and one member for three years. Each member of the Board shall qualify by
taking the proper oath prior to entering upon the performance of his duties.

SECTION 5. Executive officer of the Board.— The Commissioner of Civil Service shall be


the executive officer of the Board, and shall conduct the examinations given by the
Board and shall designate any subordinate officer of the Bureau of Civil Service to act
as Secretary of the Board. All records and minutes of the Board, including all
examination papers, shall be kept by the Bureau of Civil Service.

SECTION 6. Vacancy and removal of Board members.— Any vacancy occurring in the


membership of said Board before the expiration of the term of office of the member
separated therefrom shall be filled for the unexpired term by appointment by the
Secretary of Public Works and Communications. The Secretary of Public Works and
Communications may remove any member of the Board for continued neglect of duty
or incompetency, or for unprofessional or dishonorable conduct, after having given the
member concerned an opportunity to defend himself in the proper administrative
investigation.

SECTION 7. Compensation of Board.— The members of the Board shall each receive as


compensation the sum of five pesos for each applicant examined or registered. Any
architect in the service of the Government of the Republic appointed as members of the
Board shall receive the compensation herein provided, in addition to his salary. All fees
shall be received by the disbursing officer of the Bureau of Civil Service, and such
officer shall pay all authorized expenditures of the Board, including the compensation
provided for by this Act for the members of the Board.

SECTION 8. Rules and regulations.— The Board may, with the approval of the Secretary
of Public Works and Communications, adopt such rules and regulations as may be
necessary to carry out the provisions of this Act into effect. Penal provisions may be
included in said regulations, the violation of which shall be punishable by a fine of not
less than five hundred pesos nor more than one thousand pesos or by imprisonment for
not less than six months, nor more than one year, or both, in the discretion of the Court.

SECTION 9. Annual report.— The Board shall submit an annual report to the Secretary
of Public Works and Communications after the close of each fiscal year giving a
detailed account of its proceedings during the year and making such recommendations
as it may deem proper.

SECTION 10. Roster of architects.— A roster showing the names and place of business
of all registered professional architects shall be prepared by the Commissioner of Civil
Service during the month of July of every year, commencing one year after the date this
Act becomes effective. Copies of this roster shall be mailed to each person so
registered and placed on file with the Secretary of Public Works and Communications
and, copies thereof shall be furnished to all department heads, to the mayors of all
chartered cities, to the Director of Public Works, to the Collector of Customs, to such
other Bureaus or government agencies and provincial and municipal authorities as may
be deemed necessary and to the public upon request.

Article II
Registration and Examination

SECTION 11. Certificate and registration.— Wherever the provisions and requirements


for registration under the provisions of this Act have been fully complied with and
fulfilled by an applicant, the Board shall issue a certificate of registration of said
successful applicant as registered architect. Said certificate shall authorize the person
to whom it is issued to practice architecture in this country, subject to the provisions of
this Act and the Rules and Regulations of the Board.

SECTION 12. Registration of architects required.— In order to safeguard life, health and


property, no person shall practice architecture in this country, or engage in preparing
plans, specifications or preliminary data for the erection or alteration of any building
located within the boundaries of this country, except in this last case when he is a duly
registered civil engineer, or use the title “Architect”, or display or use any title, sign,
card, advertisement, or other device to indicate that such person practices or offers to
practice architecture, or is an architect, unless such person shall have secured from the
examining body a certificate of registration in the manner hereinafter provided, and
shall thereafter comply with the provisions of the laws of the Philippines governing the
registration and licensing of architects.

SECTION 13. Inhibition against the practice of architecture.— Unless exempt from


registration, no person shall practice or offer to practice architecture in the Philippines
without having previously obtained a certificate of registration from the Board of
Examiners for Architects.

It shall be unlawful for any architect, or any person practicing architecture, to seek to
avoid the provisions of this Act by the use of any other than the title “Architect”, and no
such persons shall practice or offer to practice architecture in this country, or present
themselves as qualified for such practice, unless and until they have qualified and been
registered as provided in this Act.

SECTION 14. Definition of terms.—

(A) An architect defined.— An architect is: A person who is technically and legally
qualified to practice architecture.
(B) Who may be known as an architect or practice architecture.— Only those who have
qualified and received a certificate of registration issued by the Board shall be permitted
to practice architecture within the Republic of the Philippines, or to use the title of
“Architect” or any words, letters, figures, signs, cards, or other means to indicate that
the one using them is an architect, or to advertise or indicate in any manner whatever
that they are qualified to perform the work of an architect.

(C) General practice of architecture.— The practice of architecture is hereby defined to


be: The act of planning, architectural and structural designing, specifying, supervising,
and giving general administration and responsible direction to the erection,
enlargement or alterations of buildings and architectural design of 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 or
another country, and regardless of whether such persons are performing one or all of
these duties, or whether such duties are performed in person or as the directing head
of an office or organization performing them.

(D) Authorship defined.— The author or authors of a set of plans or specifications are


those in responsible charge of their preparation, whether made by them personally or
under their immediate supervision.

SECTION 15. Architects registered when this law is passed.— All architects registered at


the time this law takes effect shall automatically be registered under the provisions
hereof, subject, however, to the provisions herein set forth as to future requirements.

Certificates of registration held by such persons in good standing shall have the same
force and effect as though issued after the passage of this Act.

SECTION 16. Exemption from registration.—

1. Any person residing in the Philippines may make plans and specifications for any of
the following:

(a) Any building in chartered cities or in municipalities with building ordinances, not
exceeding the space requirement specified therein, as requiring the services of an
architect.

(b) Any building enlargement or alteration which is to be used for farm purpose only
and costing not more than ten thousand pesos.

(c) Provided, However, That nothing herein contained shall prevent any person from
designing or directing the designing of buildings that are to be constructed for his own
personal use or for that of his family, unless such buildings are intended for public
employment, assembly or other occupancy by the public, in which case an architect
shall be employed for the purpose: And Provided, Further, That such person does not
use the title architect or any title derived therefrom.

2. Nor shall anything in this Act prevent draftsmen, students, clerks-of-work,


superintendents and other employees of those lawfully engaged in the practice of
architecture under the provisions of this Act, from acting under the instruction, control or
supervision of their employer.

3. Nor shall anything in this Act prevent professional civil, mechanical, electrical, mining
and chemical engineers duly licensed or registered to practice their
profession: Provided, However, Such persons do not use the designation “Architect”.

4. Nor shall anything in this Act prevent persons, who prior to the approval of this Act,
have been lawfully engaged in the practice of “Maestro de Obras” to continue as such,
provided they shall not undertake the making of plans and supervision for the following
classes of work:

(a) Building of concrete whether reinforced or not.

(b) Building of more than two stories.

(c) Building with frames of structural steel.

(d) Building of structures intended for public gathering or assemblies such as theaters,
cinematographs, stadia, churches, or the structures of like nature.

5. Officers and enlisted men of the Armed Forces of the United States and the
Philippines, and civilian officials and employees of the Government of the United States
stationed in the Philippines, while engaged in the practice of architecture for the United
States and/or the Philippines.

6. Architects employed by or under contract with the Government as experts, advisers


or consultants, shall be given temporary license after submitting the necessary
credentials and subject to the approval of the Board, for a period not to exceed six
months, subject to renewals for a like period until his contract with the Government
expires. Architects, shall not be allowed, if licensed in such capacity, to dedicate
themselves to the private practice of architecture nor charge fees for services rendered
except those received from the Government.

SECTION 17. Examination required.— Except as otherwise specifically allowed, all


applicants for registration for the practice of architecture shall be required to undergo a
technical examination as provided in this Act.

SECTION 18. Qualifications of applicants for examination.— Any person applying for


examination and for a certificate of registration as architect shall, prior to admission to
examination, establish to the satisfaction of the Board:

(a) That he is at least twenty-one years of age;

(b) That he is of good reputation and moral character;


(c) That he has completed the high school course or its equivalent;

(d) That he is a graduate of a four year course in architecture or its equivalent of a


school, college, academy, or institute duly recognized by the Government and in
addition has a specific record of at least two years of diversified experience as
architectural draftsman, clerk-of-work, specification writer or
superintendent: Provided, However, That an applicant holding a Master’s degree in
Architecture from a school, college university or institute recognized by the Government
or the state in which it is established, shall be credited one year in his practical
experience.

SECTION 19. Fraudulent applications.— The Board may refuse to renew, or may


suspend or revoke, any certificate of registration obtained by false swearing or any
misrepresentations made in applying for registration or examination and may refuse to
renew or grant registration to any applicant whose application contains such false
evidence or information.

SECTION 20. Holding of examination.— Examination for candidates desiring to practice


architecture in the Philippines, shall be given twice a year in the City of Manila and
other places where conditions may warrant, on the second Mondays, Tuesdays, and
Wednesdays of January and July, provided such days do not fall on a holiday, in which
case the working day following will be the day of examination. Written or printed notice
of such examination shall be mailed to each applicant who has filed his name and
address with the Secretary of the Board, at least thirty days prior to the first day of
examination.

SECTION 21. Subjects of examination.— The subjects in which applicants for architect’s


certificate shall be examined are:

(1) Architectural Design.

(2) History and Theory of Architecture.

(3) Architectural Engineering:

(a) Structural Design.

(b) Mechanical and Electrical equipment.

(c) Plumbing.

(4) Architectural Practice and Materials:

(a) Building Laws, legal and ethical knowledge and responsibilities.

(b) Business and professional functions of the architect.

(c) Specifications.

(5) Building Materials and Methods of Construction.


SECTION 22. Report of ratings.— The Board of Examiners for Architects shall, within
one hundred and twenty days after the date of completion of the examination, report
the rating obtained by each candidate to the Commissioner of Civil Service, who shall
submit such ratings to the Secretary of Public Works and Communications for approval.

SECTION 23. Reexamination.— An applicant who for the third time fails to pass the
examination for the same grade shall not be allowed to take another until at least one
year has elapsed after his last examination.

SECTION 24. Issuance of certificates.— The Secretary of Public Works and


Communications shall, upon recommendation of the Board, issue a certificate of
registration upon payment of the registration fee as provided in this Act to any applicant
who, in the opinion of the Board and after approval by the Secretary of Public Works
and Communications, has satisfactorily met all the requirements specified in this Act.

All certificates of registration shall show the full name of the registrant, shall have a
serial number, and shall be signed by all the members of the Board, the Secretary of
Public Works and Communications and the Commissioner of Civil Service, and shall be
attested by the official seal of the same Board.

The issuance of a certificate of registration by the Board to a registrant shall be


evidence that the person named therein is entitled to all the rights and privileges of a
registered architect, while said certificate remains unrevoked and unsuspended.

SECTION 25. Seal and use of seal.—

(1) Each registrant hereunder shall, upon registration, obtain a seal of such design as
the examining body shall authorize and direct. Plans and specifications prepared by, or
under the direct supervision of a registered architect shall be stamped with said seal
during the life of the registrant’s certificate, and it shall be unlawful for any one to stamp
or seal any documents with said seal after the certificate of the registrant named
thereon has expired or has been revoked, unless said certificate shall have been
renewed or reissued.

(2) No officer or employee of this Republic, chartered cities, provinces and


municipalities, now or hereafter charged with the enforcement of laws, ordinances or
regulations relating to the construction or alteration of buildings, shall accept or approve
any plans or specifications which have not been prepared and submitted in full accord
with all the provisions of this Act. Nor shall any payment be approved by any such
officer for any work, the plans and specifications for which have not been so prepared
and signed and sealed by the author.

(3) Signing of plans, specifications and other documents.— It shall be unlawful for any
architect to sign his name, affix his seal, or use any other method of signature on plans,
specifications or other documents made under another architect’s supervision, unless
the same is made in such manner as to clearly indicate the part or parts of such work
actually performed by the former; and it shall be unlawful for any person, except the
architect in charge, to sign for any branch of the work, or any function or architectural
practice, not actually performed by him. The architect in charge, shall be fully
responsible for all plans, specifications, and other documents issued under his seal or
authorized signature.

The Board shall make all necessary rules and regulations relating to signing and
sealing of drawings, specifications, reports, and other documents registered by
architects.

(4) Drawings and specifications duly signed, stamped or sealed, as instruments of


service, are the 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, without the written
consent of the architect or author of said documents, 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.

SECTION 26. Fees for examination and registration.— For the purpose of defraying the
expenses of said Board for carrying out the provisions of this Act, the following fees
shall be paid to the Secretary of the Board:

(A) By an applicant to an examination, forty pesos.

(B) By an applicant for a Certificate of Registration as a registered architect, ten pesos.

(C) By an applicant for reinstatement or restoration of registration that has been


voluntarily surrendered, revoked or suspended, or for replacement of lost certificate, ten
pesos.

All of the above fees shall accompany the application, and no part of said fee shall be
refunded.

SECTION 27. Refusal to issue certificate.— The Board of Examiners for Architects shall


refuse to issue or renew a certificate of registration to any person convicted by a court
of competent jurisdiction of any criminal offense involving moral turpitude or to any
person guilty of immoral or dishonorable conduct or to any person of unsound mind. In
the event of refusal to issue certificates 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.

SECTION 28. Suspension and revocation of certificates.— The Board shall have the


power, upon notice and hearing, to suspend and revoke any certificate of registration of
any registrant for any cause specified in the preceding section, of for the use or
perpetration of any fraud or deceit in obtaining a certificate of registration, or for gross
negligence or incompetency or for unprofessional or dishonorable
conduct: Provided, However, That such action of the Board shall be subject to appeal
to the Secretary of Public Works and Communications whose decision shall be final.

It shall be sufficient ground for the revocation of a certificate issued to a person under
this Act for unprofessional or dishonorable conduct, if:

(A) He has signed, and affixed or permitted to be signed or affixed his name or seal on
any plans, designs, specifications, drawings, technical reports, valuation, estimate, or
other similar documents or work not prepared by him, or not executed under his
immediate supervision; or

(B) Has paid money except the regular fees provided for, to secure a certificate of
registration; or

(C) Has falsely impersonated a practitioner, or former practitioner of a like or different


name, or has practiced under an assumed, fictitious or corporate name other than that
of the registered;

(D) Has aided or abetted in the practice of architecture any person not duly authorized
to practice architecture in the Philippines.

Any person, firm, or association, may prefer charges in accordance with the provisions
of this section against any registrant, or the Bureau may motu proprio investigate
and/or take cognizance of acts and practices constituting sufficient cause for
suspension or revocation of the certificate of registration by proper resolution or order.
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.

SECTION 29. Reissue of revoked or suspended certificates and replacement of lost


certificates.— The Board may, after the expiration of one year from the date of
revocation or suspension of a certificate for reasons it may deem sufficient, entertain an
application for a new certificate of registration from a person whose certificate has been
revoked or suspended, and, in doing so it may, in his discretion, exempt the applicant
from the necessity of undergoing an examination. It may also replace certificates which
have been lost.

Article III
Sundry Provisions Relative to the Practice of Architecture

SECTION 30. Prohibitions in the practice of architecture.— Any person who shall


practice or offer to practice architecture in the Philippines without being registered or
exempted from registration in accordance with the provisions of this Act, or any person
presenting or attempting to use as his own the certificate of registration or seal of
another, or any person who shall give any false or forged evidence of any kind to the
Board or to any member thereof in obtaining a certificate of registration, or any person
who shall falsely impersonate any registrant of like or different name, or any person
who shall attempt to use a revoked or suspended certificate of registration, or any
person who shall use in connection with his name or otherwise assume, use or
advertise any title or description tending to convey the impression that he is an architect
when he is not an architect, or any person who shall violate any of the provisions of this
Act, shall be guilty of misdemeanor and shall, upon conviction, be sentenced to a fine
of not less than five hundred pesos nor more than one thousand pesos or to suffer
imprisonment for a period not exceeding three months, or both, in the discretion of the
Court.

SECTION 31. Non-registered persons shall not claim equivalent service.— Persons not


registered in the Republic of the Philippines as architects 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 32. Liability of representatives of non-registered persons.— It shall be


hereafter unlawful for any person or firm or corporation to seek to avoid the provisions
of this Act by having a representative or employee seek architectural work in their
behalf, unless, and until, such persons have duly qualified and are duly registered;
otherwise, both those represented and the representative, the employer and the
employee shall be deemed guilty of violation of this Act. Solicitation of architectural
work shall be construed as offering to practice architectural and it shall be unlawful for
any but registered architects to do so.

SECTION 33. Collection of professional fees.— It shall be unlawful for any unregistered


person to collect a fee for architectural services except as an employee collecting a fee
as representative of a Registered Architect.

SECTION 34. Corporations cannot register.— The practice of architecture is a


professional service, admission to which shall be determined upon the basis of
individual, personal qualifications. No firm, company, partnership, association or
corporation may be registered or licensed as such for the practice of architecture, but
this section shall not be construed as preventing such combinations of individual
persons from using the term “Architect”: Provided, That each member of the
partnership, firm or association is properly registered and licensed. Individual members
of a partnership are responsible for his own act.

SECTION 35. Reciprocity requirements.— No person who is not a citizen of the


Philippines at the time he applies to take the examination shall be allowed to take it
unless he can prove in the manner provided by the Rules of Court that, by specific
provision of law, the country of which he 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 an examination on terms of strict and absolute equality
with citizens, subjects, or nationals of the country concerned, including the
unconditional recognition of degrees issued by institutions of learning duly recognized
for the purpose by the Government of the Philippines: Provided, That if he is not a
citizen of the Philippines, and was admitted to the practice of a profession in the
Philippines after December 8, 1941, his active practice in that profession either in the
Philippines or in the state or country where he was practicing his profession, shall not
have been interrupted for a period of two years or more prior to July 4, 1946, and that
the country or state from which he comes allows the citizens of the Philippines by
specific provision of law, to practice the same profession without restriction or on terms
of strict and absolute equality with citizens, subjects or nationals of the country or state
concerned.

SECTION 36. Enforcement of the Act by officer of the law.— It shall be the duty of all
constituted officers of the law of the National Government, of any provincial, city or
municipal government or of any political subdivision thereof to prosecute any person
violating the provisions of this Act. The Secretary of Justice or any assistant duly
designated by the former shall act as legal adviser of the Board and render such legal
assistance as may be necessary in carrying out the provisions of this Act.

SECTION 37. Act not affecting other professions.— This Act shall not be construed to
affect or prevent the practice of any other legally recognized profession.

SECTION 38. Operation of decisions in judging any part of the Act invalid.— If any
clause, sentence, paragraph or part of this Act shall be declared unconstitutional or
invalid, such judgment shall not affect, invalidate or impair any other part of said Act,
but shall be confined in its operation to the clause, sentence, phrase, paragraph or part
directly involved in the controversy in which such judgment is rendered.

SECTION 39. All existing provisions of provincial, city or municipal ordinances or


regulations pertaining to examinations for architects, and all other laws, part of laws,
orders, ordinances or regulations in conflict with the provisions of this Act are hereby
repealed.

SECTION 40. This Act shall take effect upon its approval.

Approved: June 17, 1950.

You might also like