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Republic Act No. 8534.
REPUBLIC
ACT NO. 8534
AN
ACT
REGULATING THE
PRACTICE OFINTERIOR
DESIGN IN THE
PHILIPPINES. ARTICLE ITITLE
Section 1. Title. —
This
Act shall be known as the "Philippine Interior Design Act of 1998."
ARTICLE
IIDEFINITION
OF TERMS Sec. 2. Definition
of
terms. — (a) Practice of Interior Design. — The practice
of
interior design is the act of planning, designing, specifying,
supervising
and giving general administration and responsible direction to the
functional,
orderly and aesthetic arrangement and development of interiors of
buildings
and residences that shall contribute to the enhancement and safeguard
of
life, health and property and the promotion and enrichment of the
quality
of life. It shall embrace the following activities relative thereto:cralaw:red
(1)
Consultation,
advice,
direction evaluation, estimates, appraisals, adjustments and
operational
programming;
(2) Schematic designs
and
development, professional contract documents and construction phases;
(3) Preparation of
preliminary
technical, economic and financial feasibility studies including
preparation
of specialized studies;
(4) Preparation of
plans,
specifications, bill of materials, project cost estimates, general
conditions
and their contract documents;
(5) Interior
construction
and project management; administration, supervision, coordination and
direction
to the planning, designing, construction, renovation, demolition,
alteration,
preservation or restoration of building interiors;
(6) The practice of
interior
design shall also include all other works, projects and activities
which
require the professional competence of the interior designer, including
teaching of interior design subjects and computer-aided design.
(b) Interior Designer
— An interior designer is a natural person who has been issued a
certificate
of registration and a valid professional license by the Board of
Interior
Design.
ARTICLE
IIIBOARD OF
INTERIOR
DESIGN Sec. 3. Creation
and composition
of the Board of Interior Design. — There is hereby created a Board
of Interior Design, hereinafter called the Board, to be composed of a
chairman
and two (2) members to be appointed by the President of the
Philippines,
from a list of three (3) recommendees for each position, submitted by
the
Professional Regulation Commission hereinafter called the Commission,
from
a list of five (5) nominees for each position recommended by the duly
accredited
and integrated association of interior designers in the Philippines.
The
first Board shall be organized within thirty (30) days from the
effectivity
of this Act.
Sec. 4. Qualifications
of members of the Board. — A member of the Board shall, at the
time
of his appointment, possess the following qualifications:cralaw:red
(a) Must be
a citizen
and
resident of the Philippines;
(b) Must be at least
thirty-five
(35) years of age, of proven integrity as evidenced by his past
professional
conduct;
(c) Must be a holder
of
a Bachelor's Degree in Interior Design conferred by a school, academy,
college or university in the Philippines or abroad that is recognized
and/or
accredited by the Philippine government;
(d) Must be a
registered
interior designer with a valid certificate of registration and
professional
license and an active practitioner of interior design for not less than
ten (10) years prior to appointment;
(e) Must not be a
member
of the faculty of any school, where a regular course in Interior Design
is being taught, nor have pecuniary interest in, or administrative
supervision
over any such institution of learning;
(f) Must not be
connected
with a review center or with any group giving review classes or
lectures
in preparation for the licensure examination;
(g) Must be a member
in
good standing of the duly accredited and integrated association of
interior
designers in the Philippines; and
(h) Has never been
convicted
of any offense involving moral turpitude.
Sec. 5. Term of office.
— The members of the Board shall hold office for a term of three (3)
years
and until their successors shall have been appointed and qualified.
They
may, however, be reappointed for a second term. Of the members to be
appointed
for the first Board, one (1) member shall hold office as Chairman for
three
(3) years; one (1) member for two (2) years; and one (1) member for one
(1) year. Each member of the Board shall take the proper oath prior to
assumption of duty.
Sec. 6. Compensation
of the board members. — The chairman and members of the Board shall
receive compensation and allowances comparable to the compensation and
allowances received by existing regulatory boards with the Professional
Regulation Commission as provided for in the General Appropriations Act.
Sec. 7. Vacancy and
removal of board members. — Any vacancy occurring in the membership
of the Board within the term of a member shall be filled for the
unexpired
portion of the term only. The President may remove any member of the
Board
on the following grounds:cralaw:red
(a) Neglect
of duty or
incompetence;
(b) Malpractice or
tolerance
of irregularities in the examination;
(c) Violation or
tolerance
of the violation of this Act or the Code of Ethics for Interior
Designers;
or
(d) Final judgment of
crimes
involving moral turpitude.
Sec. 8. Powers and duties
of the board. — The Board shall exercise the following specific
powers,
functions, duties and responsibilities:cralaw:red
(a) To
adopt, promulgate
and administer the rules and regulations necessary for carrying out the
provisions of this Act;
(b) To supervise and
regulate
the registration, licensure and practice of professional interior
designers
in the Philippines;
(c) Administer oaths
in
connection with the administration of this Act;
(d) Issue, suspend,
revoke,
or reinstate the certificate of registration or professional license
for
the practice of the interior design profession;
(e) To adopt an
official
seal of the Board;
(f) Monitor the
conditions
affecting the practice of interior design and adopt such measures as
may
be deemed proper for the enhancement of the profession and/or the
maintenance
of high professional, ethical and technical standards;
(g) Ensure, in
coordination
with the Commission on Higher Education (CHED), that all higher
educational
instructions offering interior design comply with the policies,
standards
and requirements of the course prescribed by the CHED in the areas of
curriculum,
faculty, library and facilities;
(h) To prescribe
and/or
adopt a Code of Ethical and Professional Standards for the practice of
the interior design profession;
(i) To hear and try
administrative
cases involving violations of this Act, its implementing rules and
regulations,
the Code of Ethics for Professional Interior Designers and for this
purpose,
to issue subpoena and subpoena duces tecum to secure the appearance of
witnesses and the production of documents in connection therewith;
(j) Prescribe
guidelines
in the Continuing Professional Education (CPE) program in coordination
with the accredited and integrated association for professional
interior
designers;
(k) Insofar as
applicable,
adopt a program for the full computerization of the licensure
examination;
(l) Prepare, adopt
and
issue
the syllabi of the subjects for examination by determining and
preparing
the questions, which shall strictly be within the Scope of the syllabi
of the subject for examination;
(m) Approve, issue,
limit
or revoke temporary license to practice interior design; and
(n) Discharge such
other
duties and functions as may be deemed necessary for the enhancement of
the interior design profession and the upgrading, development and
growth
of interior design education in the Philippines.
Sec. 9. Administrative
supervision of the Board; custodian of its records, secretariat and
support
services. — The Board shall be under the administrative supervision
of the Commission. All records of the Board, including applications for
examination, administrative and other investigative cases conducted by
the Board shall be under the custody of the Commission. The Commission
shall designate the secretary of the Board and shall provide the
secretariat
and other support services to implement the provisions of this Act.
Sec. 10. Implementing
rules and regulations. — The Board with the approval of the
Commission
shall adopt and promulgate such rules and regulations, to carry out the
provisions of this Act as approved by the Commission, which shall be
effective
after fifteen (15) days following their publication in the Official
Gazette
or in a major daily newspaper of general circulation.
Sec. 11. Annual
report.
— The Board shall, at the close of each calendar year, submit an annual
report to the President of the Philippines, through the Professional
Regulation
Commission, giving a detailed account of its proceedings and
accomplishments
during the year and making recommendations for the adoption of measures
that will upgrade and improve the conditions affecting the practice of
interior design in the Philippines.
ARTICLE
IVEXAMINATION
AND
REGISTRATION Sec. 12.
Examination
required.
— All applicants for registration for the practiced interior design
shall
be required to undergo and pass a written technical examination as
provided
for in this Act subject to the payment of fees prescribed by the
Commission.
Sec. 13.
Qualifications
of applicant for examination. — Every applicant for examination
shall,
prior to admission to the examination, establish to the satisfaction of
the Board that:cralaw:red
(a) He is a
citizen of
the
Philippines;
(b) He has not been
convicted
of any crime involving moral turpitude; and
(c) He is a Bachelor
of
Interior Design or Master of Interior Design degree holder in a school,
academy, institute, or college duly recognized by the government.
Sec. 14. Fraudulent
application.
— The Board may suspend or revoke any certificate of registration
obtained
by any misrepresentation made in the application for examination.
Sec. 15. Scope of
examination. — The examination for interior design shall basically
cover the following subjects:cralaw:red
(1) Interior
Design;
(2) Furniture Design
and
Construction;
(3) Materials of
Decoration;
(4) History of Arts
and
Interior Design;
(5) Building
Construction;
(6) Professional
Practice
and Ethics.
The said subjects and their
syllabi may be amended by the Board so as to conform to technological
changes
brought about by continuing trends in the profession.
Sec. 16. Rating in
the board examination. — To be qualified as having passed the
Board
examination for interior designers, a candidate must obtain a weighted
general average of seventy-five percent (75%), with no grades lower
than
sixty percent (60%) in any given subject. However, an examinee who
obtains
a weighted average rating of seventy-five percent (75%) or higher but
obtains
a rating below sixty percent (60%) in any given subject must take the
examination
in the subject or subjects where he obtained a grade below sixty
percent
(60%) within two (2) years from the date of his last examination.
Sec. 17. Report of
ratings. — The Board shall submit to the Commission the ratings
obtained
by each candidate within twenty (20) days after the examination, unless
extended by the Commission for just cause. Upon the release of the
results
of the examination, the Board shall send by mail the rating received by
each examinee at his given address using the mailing envelope submitted
during the examination.
Sec. 18. Re-examination.
— An applicant who fails to pass the examination for the third time
shall
be allowed to take another examination only after the lapse of one year.
Sec. 19. Oath.
— All successful candidates in the examination shall be required to
take
an oath of profession before the Board or any government official
authorized
to administer oaths prior to entering the practice of the interior
design
profession.
Sec. 20. Certificate
of registration and professional license. — A certificate of
registration
shall be issued to applicants who pass the examination for interior
designers
subject to payment of registration fees.
The certificate
registration
as professional interior designer shall bear the signatures of the
chairman
of the Commission and Board members, stamped with the official seal,
indicating
that the person named therein is entitled to practice the profession
with
all the privileges appurtenant thereto. This certificate shall remain
in
full force and effect until withdrawn, suspended or revoked, in
accordance
with this Act.
A professional license
bearing
the registration number, date of issuance, expiry date and duly signed
by the chairman of the Board, shall likewise be issued to every
registrant,
who has paid the required fees. This license will serve as evidence
that
the licensee can lawfully practice his profession until the expiration
of its validity.
Sec. 21. Seal and
use of seal. — A duly registered interior designer shall affix the
seal approved by the Board of Interior Design on all plans and
specifications
prepared by, or under his direct supervision.
(a) Each registrant
shall,
upon registration, obtain the seal of such design as the Board of
Interior
Design may adopt. Plans and specifications prepared by, or under the
direct
supervision of a registered interior designer, shall be stamped with
said
seal during the validity of the professional license. No person shall
stamp
or seal any document with the seal of a registrant after his
professional
license has expired or lost its validity unless he has been reinstated
to the practice and/or unless his license has been renewed.
(b) No officer or
employee
of the government, chartered cities, provinces and municipalities now
or
hereafter charged with the enforcement of laws, ordinances or
regulations
relating to the construction or alteration of the interiors of
buildings,
shall accept or endorse any interior plans or specifications which have
not been prepared and submitted in full accord with the provisions of
this
Act, nor shall any payment be approved by any such officer for any
work,
the plans and specifications of which have not been so prepared, signed
and sealed by a duly licensed interior designer.
(c) No interior
designer
shall sign his name, affix his seal or use any other method of
signature
on plans, specifications or other documents made by or under another
interior
designer's supervision unless the same is made in such manner as to
clearly
indicate the part of such work actually performed by him; and no
person,
except the interior designer in charge shall sign for any branch of the
work or any function of interior design practice not actually performed
by him. The interior designer in charge shall be fully responsible for
all plans, specifications, and other documents issued under his seal or
authorized signature. The Board shall formulate, adopt and promulgate
all
necessary rules and regulations for the effective implementation of the
provisions relating to the design of the seal, the signing and sealing
of drawings, specifications, reports and other documents by interior
designers.
(d) Drawings and
specifications
duly signed, stamped or sealed as instruments of service are the
property
and documents of the interior designer, whether the project for which
they
were made is executed or not. No person, without the written consent of
the interior designer or author of said documents, shall duplicate or
make
copies of said documents for use in the repetition of and for other
projects
or buildings, whether executed partly or in whole.
(e) All drawings,
specifications
and other documents to be used for the construction, remodelling or
refurbishing
of interiors shall be signed and sealed by a licensed interior designer.
Violation of the
foregoing
shall be a ground for administrative and/or criminal action.
Sec. 22. Indication
of license and professional tax receipt. — The interior designer
shall
be required to indicate his professional license number, the duration
of
validity, including the professional tax receipt number on the
documents
he signs, uses or issues in connection with the practice of his
profession.
Sec. 23. Refusal to
issue Certificates of Registration. — The Board of Interior Design
shall refuse to register and/or renew a certificate of registration to
any person who has been convicted by final judgment of a court of
competent
jurisdiction of any criminal offense involving moral turpitude, guilty
of immoral or dishonorable conduct or judicially declared of unsound
mind.
It shall issue a written statement setting forth in detail the reasons
for such action, a copy of which shall be incorporated in the records
of
the Board. A party whose rights are adversely affected by such action
of
the Board may apply for relief with the Court of Appeals after having
exhausted
administrative remedies.
Sec. 24. Suspension
and revocation of certificates, cancellation of temporary/special
permit.
— The Board shall have the power, upon due notice and hearing, to
revoke
or suspend the certificate of registration of an interior designer, or
to cancel a temporary/ special permit for any cause specified in the
preceding Sec., or for the use or perpetration of any fraud or deceit
in
obtaining
a certificate of registration, or for gross ignorance, negligence or
for
unprofessional, unethical or dishonorable conduct; chronic inebriety or
habitual use of drugs; abetment of the illegal practice of interior
design;
violation of the provisions of this Act, its rules and regulations and
other policies of the Board and the Commission and the Code of Ethics
for
Interior Designers: Provided, however, That such action of the
Board
shall be subject to appeal to the Commission, whose decision shall be
final
but without prejudice to the right of the aggrieved party to apply with
the Court of Appeals for appropriate relief.
ARTICLE VPRACTICE
OF
INTERIOR
DESIGN Sec. 25. Vested
rights:
automatic registration of practicing interior designers. — All
practicing
interior designers who are registered at the time this Act takes
effect,
shall automatically be registered.
Sec. 26. Registration
Without Examination. — Any of the following persons may register as
interior
designer without examination:cralaw:red
(a) All
interior
designers
registered under the Specialty Board of Interior Design;
(b) All interior
designers
who have taken at least sixty (60) units of interior design for the
last
ten (10) years prior to the effectivity of this law and who can show
proof
of practice;
(c) All registered
and
duly
licensed architects who had been practicing interior design for ten
(10)
years prior to the effectivity of this law and who can show proof of
practice.
Nothing in this Act shall be
construed to effect or prevent the practice of any other legally
recognized
profession or to disqualify those who have been considered registered,
qualified and actually performing acts constituting the legitimate
practice
of interior design before the effectivity of this Act, from engaging in
the practice of interior design: Provided, That those who are
situated
before the effectivity of this Act shall apply for registration with
and
be registered by the Board, without need of passing the examination
required
under this Act.
Sec. 27. Practice
not allowed for firms and corporations. — The practice of interior
design is a professional service, admission to which shall be
determined
upon the basis of an individual's personal qualifications.
Hence, no firm,
company,
partnership, association or corporation may be registered or licensed
as
such for the practice of interior design: Provided, however,
That
persons properly registered and licensed as interior designers may
among
themselves or with a person or persons properly registered and licensed
as building architects, town planners, landscape architects, civil
engineers
and any other allied design professionals, may form and obtain
registration
with the Securities and Exchange Commission of a firm, partnership or
association
using the term "Interior Designers," "Interior Designers and
Planners"
or "Architect and Interior Designer" but nobody shall be a
member,
partner or associate unless he is a duly registered and licensed design
professional and the members who are interior designers shall only
render
work and services proper for an interior designer as defined in this
Act.
Sec. 28. Integration
of the interior design profession. — The interior design
profession
shall be integrated into one (1) national organization which shall be
recognized
by the Board and accredited by the Commission as the one and only
integrated
and accredited association of interior designers. An interior designer
duly registered with the Board shall automatically become a member of
the
integrated national organization and shall receive the benefits and
privileges
appurtenant thereto upon payment of the required fees and dues.
Membership
in the integrated organization shall not be a bar to membership in
other
associations of interior designers.
Sec. 29. Foreign
reciprocity.
— No foreign interior designer shall he issued a temporary license to
practice
the interior design profession or consultancy thereof or be entitled to
any of the rights and privileges under this Act unless the country of
which
he is a subject or citizen specifically permits Filipino interior
designers
to practice within its territorial limits on the same basis as the
subjects
or citizens of such foreign state or country.
Sec. 30. Coverage
of temporary/special permits. — Foreign nationals who have gained
entry
in the Philippines to perform professional services as interior
designers
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 his duties, functions and responsibilities as
interior
designer or consultant, secure a special temporary permit from the
Professional
Regulation Commission through the Board of Interior Design, to practice
his profession in connection with the project to which he was
commissioned:
Provided, That certain conditions are satisfied as follows:cralaw:red
(a) That he
is a citizen
or subject of a country which specifically permits Filipino
professionals
to practice his profession within their territorial limits, on the same
basis as the subjects or citizens of such foreign state or country;
(b) That he is
legally
qualified
to practice interior design in his own country, and that his expertise
is necessary and advantageous to our country particularly in the
aspects
of technology transfer and specialization; and
(c) Foreign nationals
shall
be required to work with a Filipino counterpart and professional fees
and
services, and expenses of documentation pertaining to the project shall
be shared by both foreign and Filipino interior designers, including
liabilities
and taxes due to the Philippine government, if any, according to their
participation in, or professional services rendered to, the project.
Sec. 31. Appropriations.
— Such sums as may be necessary to carry out the provisions of this Act
shall be included in the General Appropriations Act of the year
following
its enactment into law and thereafter.
ARTICLE
VIFINAL
PROVISIONS Sec. 32. Enforcement.
— The Professional Regulation Commission shall be the enforcement
agency
of the Board. As such, the Commission shall implement the concerned
provisions
of this Act, enforce its implementing rules and regulations as adopted
by the Board, conduct investigations on complaints including violations
of the Code of Conduct of the profession and prosecute when so
warranted.
Sec. 33. Penalties.
— In addition to the administrative sanctions imposed under this Act,
any
person who violates any of the provisions of this Act shall, upon
conviction,
be penalized by a fine of not less than Fifty thousand pesos
(P50,000.00)
nor more than Two hundred thousand pesos (P200,000.00) or imprisonment
of not less than six (6) months nor more than three (3) years, or both
fine and imprisonment at the discretion of the court.
Sec. 34. Separability
clause. — If any clause, provision, paragraph or part hereof shall
be declared unconstitutional or invalid, such judgment shall not
affect,
invalidate or impair any other part hereof, but such judgment shall be
merely confined to the clause, provision, paragraph or part directly
involved
in the controversy in which such judgment has been rendered.
Sec. 35. Repealing
clause. — All laws, decrees, executive orders and other
administrative
issuances and parts thereof which are inconsistent with the provisions
of this Act are hereby modified, superseded or repealed accordingly.
Sec. 36. Effectivity.
— This Act shall take effect fifteen (15) days following its
publication
in the Official Gazette or in a major daily newspaper of general
circulation
in the Philippines, whichever is earlier.
Approved:
February 23, 1998
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