Contractor pretending to be an architect
Dear PAO,
My sister planned to renovate her coffee shop in the city. She tried to look for an architect to help her plot and design the renovation. One of her customers recommended an architect to her. This supposed architect met up with my sister, expressly introduced himself as one, with a calling card to boot, and had her sign an agreement with a letterhead expressly identifying himself as an architect. They were able to start the renovation project, but for some reason, it stopped before it reached half of the project. This resulted in the filing of a civil case to obligate the supposed architect to finish the project. Throughout this process, it was discovered that the architect recommended to my sister was not an architect but a contractor. This was confirmed by the Professional Regulatory Commission (PRC), which certified that the person was never on the list of licensed architects in the Philippines. Can the person be held liable for pretending to be an architect? What is the punishment for this?
Raquel
Dear Raquel:
To answer your query, we shall refer to Republic Act 9266 (RA 9266), known as “The Architecture Act of 2004,” and its Implementing Rules and Regulations (IRR). This law was passed to provide for a more responsive and comprehensive regulation for the registration, licensing, and practice of architecture, in line with the policy of the State in recognizing the importance of architects in nation-building by developing competent and well-rounded professionals with world-class standards of practice through regulatory measures and programs. (Sec. 2, RA 9266)
An architect is defined by this law as:
“[A] person professionally and academically qualified, registered and licensed under R.A. No. 9266 with a Certificate of Registration and Professional Identification Card issued by the Professional Regulatory Board of Architecture and the Professional Regulation 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.” Rule I, Sec. 3(2) IRR of RA 9266.” (Emphasis supplied)
It is clear from this definition that only those who are qualified, registered, and licensed by the appropriate body can be considered as architects. Furthermore, the law provides that no person shall practice architecture in this country, display the word “Architect” in any title or sign, or indicate that a person practices architecture unless such person has received from the Professional Regulatory Board of Architecture a Certification of
Registration and a Professional Identification Card. (Rule IV, Section 25, IRR)
This is further emphasized by Section 29 of RA 9226, which expressly prohibits and penalizes the practice of architecture by unlicensed individuals, to wit:
“Any person who shall practice or offer to practice architecture in the Philippines without being registered/licensed and who are not holders of temporary or special permits in accordance with the provisions of this Act or any person presenting or attempting to use as his/her own the Certificate of Registration/ Professional Identification Card or seal of another or temporary or special permit, 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/Professional Identification Card or temporary or special permit, 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/Professional Identification Card or cancelled special/temporary permit, or any person who shall use in connection with his/her name or otherwise assume, use or advertise any title or description tending to convey the impression that he/she is an architect when he/ she is not an architect when he/ she is not an architect, or any person whether Filipino or foreigner, who knowingly allows the use, adoption, implementation of plans, designs or specification made by any person, firm, partnership or company not duly licensed to engage in the practice of architecture, or any person who shall violate any of the provisions of this Act, its implementing rules and regulations, 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 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.” (Emphasis supplied) As seen from the above-cited provisions, the practice of architecture and the use of its title without being registered and licensed is a criminal act that carries a penalty of lengthy imprisonment and a heavy fine. Considering this, your sister may rightfully file a complaint against the contractor who misrepresented himself as an architect.
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.