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REPUBLIC ACT NO. 545 - AN
ACT TO REGULATE THE PRACTICE OF ARCHITECTURE IN THE PHILIPPINES |
ARTICLE
I 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. Sec. 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. Sec. 3. Qualifications of Board members. — Each
member of the Board shall, at the time of his appointment: Sec. 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. Sec. 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. Sec. 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. Sec. 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. Sec. 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. Sec. 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 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. Section 14. Definition of terms. — (A) An architect
defined. — An architect is: A person who is technically and legally
qualified to practice architecture. 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. Section 16. Exemption from registration. — 1. Any
person residing in the Philippines may make plans and specifications
for any of the following: 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: 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. Sec. 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. Sec. 21. Subjects of examination. — The subjects
in which applicants for architect's certificate shall be examined are: Sec. 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. Sec. 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. Sec. 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. Sec. 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. Sec. 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: Sec. 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. Sec. 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. Sec. 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 Sec. 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. Sec. 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. Sec. 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. Sec. 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. Sec. 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. Sec. 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. Sec. 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. Sec. 37. Act not affecting other professions. — This Act shall not be construed to affect or prevent the practice of any other legally recognized profession. Sec. 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. Sec. 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. Sec. 40. This Act shall take effect upon its
approval. Approved: June 17, 1950 |
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