Legally Designed: Why Licensed Architects are Key to your Building projects

Happy World Architecture  Month! Held annually on the first Monday of October, this day celebrates not just the breathtaking high-rise buildings around us but the talented architects behind them, who bring them to life.  It’s the perfect moment to highlight the 2023 Supreme Court ruling of Department of Public Works and Highways v. Philippine Institute of Civil Engineers, Inc. and Gamolo (“DPWH v. Philippine Institute of Civil Engineers, Inc.”)¹ clarifying that only registered and licensed architects are allowed to sign architectural documents.

Why Does This Ruling Matter To You? 

Whether you’re building a new home, remodeling your kitchen, or launching a commercial project, this ruling ensures that only those with the proper expertise can legally guide your vision. Beyond aesthetics, it’s about safeguarding your investment, avoiding costly legal setbacks, and ensuring every structure stands on solid ground—literally and legally.

Who Is An Architect?

As defined by law, an architect is a person professionally and academically qualified, registered and licensed under this Act 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.²

An architect is a legally recognized professional entrusted with the responsibility of designing spaces that comply with regulatory standards while promoting sustainable development and cultural preservation. Architects play a vital role in ensuring that all architectural documents and plans meet both legal and professional requirements, safeguarding the public’s welfare through their expertise and accountability.

Only Architects Can Sign Architectural Documents

Determining who is an architect is crucial as the Supreme Court has definitively ruled that only registered and licensed architects hold the authority to prepare, sign, and seal architectural documents. This is important as only plans signed by licensed professionals shall be accepted by regulatory bodies that require submission of legally compliant architectural plans or specifications.³

Practicality of Knowing Architectural Regulations

Necessity of Government Permits

Understanding the implications of the recent Supreme Court ruling, is essential for anyone involved in construction or property development. Securing government permits for construction projects requires the submission of architectural plans prepared by licensed architects. Recent Supreme Court rulings emphasize the importance of hiring qualified professionals to ensure these plans meet legal and technical standards. Working with a licensed architect not only helps you obtain the necessary permits but also reduces risks, ensuring your project complies with safety and quality benchmarks.

Liabilities of the Architect under the Civil Code

Architects are liable for damages if a building collapses or sustains serious damage within fifteen years due to defects in the plans or in the ground conditions.⁴ If you hire an unqualified or unlicensed architect, you may face significant financial and legal risks, including repair costs and potential lawsuits. Additionally, seeking compensation from an unlicensed architect can be challenging, leaving you to bear the financial burden alone.

Thank you to all the architects who transform ideas into remarkable spaces with skill, creativity, and care. Your work shapes not only the buildings we inhabit but also the communities and experiences that flourish within them. The dedication you bring to every project is truly inspiring—here’s to creating even more meaningful spaces together.

As we celebrate World Architecture Day and contemplate your next construction or renovation project, remember that engaging a registered and licensed architect is not just a legal requirement—it’s a crucial investment in the integrity and safety of your building. Our firm is here to guide you through the complexities of architectural regulations and ensure your projects meet all legal standards. If you have questions or need assistance navigating these requirements, don’t hesitate to reach out to us. Together, we can build a solid foundation for your vision.

Prepared by Cee Jay Sabile.

FOOTNOTES

1. G.R. Nos. 200015 and 205846, 15 March 2023.
2. Section 3 (2), R.A. No. 9266, The Architecture Act of 2004.
3. Section 20 (2), R.A. No. 9266, The Architecture Act of 2004.
4. Article 1723, Civil Code of the Philippines.