AN ACT TO REGULATE AND MODERNIZE THE PRACTICE OF THE INTERIOR DESIGN IN THE PHILIPPINES, REPEALING FOR THE PURPOSE REPUBLIC ACT NUMBERED 8534, OTHERWISE KNOWN AS "AN ACT REGULATING THE PRACTICE OF INTERIOR DESIGN IN THE PHILIPPINES", APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Fifteenth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-three day of July, two thousand twelve.

REPUBLIC ACT NO. 10350

AN ACT TO REGULATE AND MODERNIZE THE PRACTICE OF THE INTERIOR DESIGN IN THE PHILIPPINES, REPEALING FOR THE PURPOSE REPUBLIC ACT NUMBERED 8534, OTHERWISE KNOWN AS "AN ACT REGULATING THE PRACTICE OF INTERIOR DESIGN IN THE PHILIPPINES", APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

ARTICLE I
TITLE, POLICY, OBJECTIVES, TERMS
AND SCOPE OF PRACTICE

Section 1. Title. – This Act shall be known as the "Philippine Interior Design Act of 2012″.

Section 2. Statement of Policy. – The State recognizes the important role of the interior design profession in nation building. Towards this end, the State shall promote the sustained development of professional interior designers, whose technical competencies have been determined by honest and credible licensure examinations and whose standards of professional service and practice are internationally recognized and considered globally competitive, brought about by regulatory measures and human resource programs and activities that foster their professional growth and advancement.

Section 3. Objectives. –This Act provides for and shall govern:

Section 4. Definition of Terms. – For purposes of this Act, the following terms are hereby defined:

Section 5. Scope of the Professional Practice of Interior Design. –The practice of interior design is the act of planning, designing, specifying, supervising and providing general administration and responsible direction to the functional, orderly and aesthetic arrangement and enhancement of interior spaces. It shall include, but not be limited to, the following activities:

The Board, subject to approval by the Commission, may revise, exclude from, or add to, the above enumerated acts or activities as the need arises to conform to the latest trends and developments in the practice of interior design.

ARTICLE II
THE PROFESSIONAL REGULATORY BOARD
OF INTERIOR DESIGN

Section 6. Creation and Composition of the Board of Interior Design. – There is hereby created a Professional Regulatory Board of Interior Design, hereinafter referred to as the Board, under the administrative control and supervision of the Professional Regulation Commission (PRC), hereinafter referred to as the Commission, to be composed of a Chairman and two (2) members to be appointed by the President of the Philippines from a list of two (2) recommendees for each position submitted by the Commission, who in turn will be drawn from a list of three (3) to five (5) nominees for each position recommended by the duly Accredited and Integrated Professional Organization (AIPO) of Interior Designers. The new Board shall be created within six (6) months from the effectivity of this Act.

Section 7. Qualifications of the Chairman and Members. – The Chairman and members of the Board shall, at the time of their appointment, possess the following qualifications:

Section 8. Term of Office. – The members of the Board shall hold office for a term of three (3) years from the date of appointment or until their successors shall have been appointed and qualified. They may be reappointed for another term of three (3) years immediately upon the expiration of their term: Provided, That no member shall hold office for more than six (6) years in his position as a Chairman or as a member of the Board.

Of the members to be appointed for the new Board under this Act: 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.

Section 9. 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 under the Commission as provided for in the General Appropriations Act.

Section 10. Powers, Functions, Duties and Responsibilities of the Board. –The Board shall exercise the following specific powers, functions, duties and responsibilities:

Section 11. Grounds for Removal or Suspension of Board Chairman/Member. – The President of the Philippines, upon the recommendation of the Commission, after giving the Chairman or the member of the Board an opportunity to defend himself/herself in an administrative investigation conducted by the Commission, may remove or suspend him/her on any of the following grounds:

The Commission, in the conduct of the investigation, shall be guided by Section 7(s) of Republic Act No. 8981, otherwise known as "The PRC Modernization Act of 2000″, the rules on administrative investigation and the applicable provisions of the Revised Rules of Court.

Section12. 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.

Section 13. Annual Report. –The Board shall, at the close of each calendar year, submit an annual report to the President of the Philippines, through the 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.

ARTICLE III
EXAMINATION, REGISTRATION, CERTIFICATION
AND LICENSURE

Section 14. Passing of Licensure Examination Requirement. – Except as otherwise specifically allowed under this Act, applicants for registration for the practice of interior design shall be required to pass a professional licensure examination as provided for in this Act in such places and on such dates as the Commission may designate in accordance with the provisions of Section 7(d) of Republic Act No. 8981.

Section 15. Qualifications of Applicants. –An applicant for the licensure examination for interior designers shall satisfactorily prove that he/she possesses the following qualifications:

Section 16. Subjects for Licensure Examination. – The examination for interior design shall basically cover the following subjects:

Subject to the approval of the Commission, the said subjects, their TOS and their syllabi may be amended by the Board in coordination with the CHED, so as to conform to technological changes brought about by continuing trends in the profession, in coordination with the accredited professional organization of interior design educators.

Section 17. Rating in the Licensure Examination. – To be qualified as having passed the Board examination for interior designers, a candidate must obtain a weighted general average of seventy percent (70%).

Section 18. 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.

Section 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 by the Commission to administer oaths prior to entering the practice of the interior design profession.

Section 20. Issuance of Certificate of Registration and Professional Identification Card. –A certificate of registration shall be issued to applicants who pass the examination for interior designers subject to payment of registration fees.

The certificate of registration as professional interior designer shall bear the signatures of the Chairperson of the Commission and the 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 certificate of registration bearing the registration number, date of issuance and expiry date, 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/her profession.

A professional identification card, whether new or for renewal, shall be released by the PRC upon compliance with the requirements for the application or renewal of identification card and upon presentation of the updated receipt of payment of annual membership dues of the accredited professional organization of interior designers and proof of completion of the CPE requirements.

Once registered, the interior designer may use "IDr." as his/her official appendage title.

Section 21. Refusal to Register. – The Board shall not register any successful applicant for registration who has been:

In refusing such registration, the Board shall give the applicant a written statement setting forth the reasons therefore and shall file a copy thereof in its records.

Section 22. Revocation or Suspension of the Certificate of Registration and Cancellation of Temporary/Special Permit. – The Board shall have the power, upon notice and hearing, to revoke or suspend the certificate of registration of a registered and licensed interior designer or to cancel a temporary/special permit granted to foreign interior designer, for violation of any grounds or causes in Section 21 of this Act, except (c) thereof and any of the following grounds:

The Board shall periodically evaluate the aforementioned grounds and amend, modify, revise, exclude and/or add new ones as the circumstances and the developments in the profession may require, subject to approval of the Commission.

Any person, firm or association may file charge/s in accordance with the provision of this section against any registered interior designer or the Board may motu proprio investigate violation of any of the abovementioned causes. Affidavit embodying the complaint shall be filed together with the affidavits of witnesses and other documentary evidence with the Board though the Legal and Investigation Office. Any motu proprio action of the Board to conduct an investigation shall be embodied in a formal charge to be signed by at least majority of the members of the Board. The rules on administrative investigation issued by the Commission shall govern the hearing or investigation subject to applicable provisions of this Act, Republic Act No. 8981 and the Revised Rules of Court.

Section 23. Reissuance of Revoked Certificate of Registration, Replacement of Lost or Damaged Certificate of Registration, Professional Identification Card or Temporary/ Special Permit. –The Board may, upon petition on meritorious grounds, reinstate or reissue a revoked certificate of registration after two (2) years from the date of effectivity of the period for revocation. The date of effectivity of the period of revocation shall be reckoned from the date of receipt by the respondent of the final order or resolution revoking his/her registration or the date of the surrender by the respondent of his/her certificate of registration and professional identification card, if it is still valid.

The Board may not require the holder thereof to take another licensure examination. The petitioner shall prove to the Board that the ground or grounds for the revocation of his/her certificate of registration no longer exists. For the grant of his/her petition, the Board shall issue a Board Resolution subject to approval by the Commission.

A duplicate copy of lost certificate of registration, professional identification card or temporary/special permit may be reissued in accordance with rules thereon and upon payment of the prescribed fee therefor.

Section 24. Nonpayment of the Annual Registration Fees. –The Board shall suspend a registered interior designer from the practice of his/her profession for nonpayment of the annual registration fees for five (5) consecutive years from his/her last or previous year of payment. The resumption of his/her practice shall take place only upon payment of the delinquent fees plus surcharges and interest and in accordance with the rules of the Commission. The running of the five (5)-year period may be interrupted upon written notice of the discontinuance of his/her practice and surrender of his/her certificate of registration and professional identification Card to the Board and/or the Commission.

Section 25. Vested Rights. – All practicing interior-designers who are registered at the time of the passage of this Act shall automatically be registered and issued certificates of registration, subject to existing rules and regulations.

ARTICLE IV
PRACTICE OF INTERIOR DESIGN

Section 26. Lawful Practitioners of Interior Design. – The following persons shall be authorized to practice the interior design profession:

Section 27. Issuance and Use of Seal. – A duly registered interior designer shall sign and affix the seal as approved and provided by the Board on all plans, specifications and contract documents prepared by him/her and/or under his/her direct supervision during the validity of his/her certificate of registration.

Officers and/or employees of the government, chartered cities, provinces, municipalities now or hereafter charged with the enforcement of the laws, ordinances or regulations relating to the construction or alteration of the interiors of buildings shall accept only those interior plans, specifications and contract documents which have been prepared by or under the supervision of a duly licensed interior designer and signed and sealed by him/her and submitted in full accord with the provisions of this Act.

Violation of the foregoing shall be ground for administrative and/or criminal action.

Section 28. Proprietary Rights. –An interior designer shall enjoy proprietary rights over all drawings and specifications and other contract documents prepared by him/her resulting from his/her professional labor and duly signed, stamped or sealed by him/her, as instruments of service, as well as over the original concepts and designs contained and/or included therein. No person may engage in any activity prejudicial to the proprietary rights of the interior designer, including the reproduction of the contract work or substantial portion thereof, making any alteration, distortion, mutilation, or other modification of, or any derogatory action in relation to, the contract work and the detailed works contained therein, without the written consent of the interior designer unless the said contract work is a commissioned piece of work duly paid for by the person or party who/which commissioned the same in which case the said person or party shall have the right to alter, revise and/or modify the drawing, specification, design, concept and/or contract works.

Section 29. Foreign Reciprocity. – No foreign interior designer shall be issued a certificate of registration to practice the interior design profession or be entitled to any of the rights and privileges under this Act unless the country of which he/she is a subject or citizen has a policy which 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.

Section 30. Practice Through Temporary/Special Permit. – (a) Foreigners intending to work in the Philippines to perform professional services as interior designers or consultants whether employed through official foreign-funded or foreign-assisted projects initiated by the government, or engaged by private Filipino or foreign contractors and/or firms shall first secure a temporary/special permit from the Commission through the Board specifically authorizing him/ her to practice on the special project or commission named therein: Provided, That:

(b) The foreign interior designer shall be required to work in every case with a duly licensed Filipino counterpart who has been in continuous practice of interior design for at least ten (10) years and whose competence and integrity have been established by the Board on the basis of uniform standards contained in their IRR.

(c) The foreign and Filipino interior designers working jointly on a special project shall divide the professional fees and other charges from said project equitably, according to their participation in or professional services rendered to the project. Similarly, all documentation expenses, taxes and other liabilities incurred on the shared project shall also be borne equitably by both foreign and Filipino interior designers.

(d) Foreigners working jointly with Filipino interior designers shall sign contracts, designs and other credits together with his/her Filipino counterpart. Both foreign and Filipino interior designers shall at all times be acknowledged in all marketing and promotional materials and reportorial compliance for the project, whether prepared and/or submitted locally or abroad. All residual earnings shall also be equitably shared between foreign and local interior designers.

(e) Foreign design firms or individuals practicing in the Philippines before the promulgation of this Act are required to comply with the requirements established by the Board in its IRR within the timetable it stipulates therein.

(f) Any violation of these requirements or other illegal practices undertaken by either foreign design firms or their Filipino counterparts shall be punishable by law and/or the IRR issued by the Board.

Section 31. Indication of Numbers: Certificate of Registration, Professional Tax Receipt and AIPO Membership. – The interior designer shall be required to indicate his/her certificate of registration number and date of issuance, the expiry of his/her current professional identification card, the professional tax receipt number and its date of issuance, and his/her AIPO membership number and date with official receipt number and date of membership payment (annual/lifetime) on all the documents he/she signs, uses or issues in connection with the practice of his/her interior design profession.

Section 32. Roster of Interior Designers. – The Board shall prepare and maintain a roster of the names, residence and/or office address of all registered interior designers which shall be updated annually in cooperation with the AIPO, indicating therein the status of the certificate of registration, professional identification card and AIPO membership, whether valid, delinquent, suspended or surrendered or terminated due to death or other reasons. The said roster shall be conspicuously posted within the premises of the Commission and the information therefrom made available to the public upon inquiry or request.

Section 33. Integration of the Interior Designers. – The interior designers shall be integrated into one (1) national organization of interior designers that is duly registered with the SEC. The Board, subject to approval by the Commission, shall accredit the said organization as the one and only AIPO of interior designers. All interior designers whose names appear in the Registry Book of Interior Designers shall ipso facto or automatically become members thereof and shall receive therefrom all the benefits and privileges due to members upon payment of AIPO membership fees and dues.

Membership in other organizations of interior designers shall not be barred.

ARTICLE V
FINAL PROVISIONS

Section 34. Penal Clause. – The following acts shall be punished by a fine of not less than Three hundred thousand pesos (Php300,000.00) but not more than One million pesos (Php1,000,000.00) or imprisonment of not less than six (6) months but not more than three (3) years, or both fine and imprisonment, at the discretion of the court.

Section 35. Civil Liability. – The interior designer shall assume full responsibility for the contract work within one (1) year from the final acceptance by the client and may be held responsible for any damage or destruction of the works except those occasioned by force majeure. Tire interior designer shall be fully responsible for the safety, protection, security and convenience of his clients/user, personnel, third parties, and the public at large, as well as the works, equipment installation and the like to be affected by his work.

The liability period for defects in the projects shall be one (1) year from final acceptance by the client. During this period, the interior designer shall undertake the repair works, at his/her own expense, of any damage to the projects arising from his/her design and/or specifications, within forty-five (45) days from the time the client has issued a notification of the need to undertake repair. In case of failure or refusal to comply with this mandate, the client may undertake such repair works and shall be entitled to full reimbursement of expenses incurred therein upon demand.

The failure of the responsible interior designer with the preceding paragraph shall be a ground for administrative disciplinary action for which he/she can be held liable for suspension or any appropriate penalty as may be determined by the Board.

Section 36. Enforcement. – The Commission shall implement the concerned provisions of this Act, enforce the IRR as adopted by the Board, conduct investigations on complaints including violations of the Code of Conduct of the profession and prosecute the same when so warranted.

Section 37. Appropriations. – The Chairperson of the Commission shall immediately include in the Commission’s program the implementation of this Act, the funding of which shall be included in the annual General Appropriations Act.

Section 38. Transitory Provisions. – The incumbent Chairman and members of the Board shall, in an interim capacity, continue to function as such until the Chairman and members of the new Board created under this Act shall have been appointed, constituted and/or organized pursuant thereto.

Section 39. Implementing Rules and Regulations. – The Board, with the approval of the Commission, shall adopt and promulgate such IRR it may deem appropriate within ninety (90) days from its constitution. The same shall take effect after fifteen (15) days from its publication in the Official Gazette or in two (2) newspapers of general circulation in the country.

Section 40. Separability Clause. – If any clause, provision, paragraph or part hereof shall be declared unconstitutional or invalid, the same shall not affect, invalidate or impair any other part hereof, and shall be merely confined to the clause, provision, paragraph or part directly involved in the controversy in which such judgment has been rendered.

Section 41. Repealing Clause. – Republic Act No. 8534 is hereby repealed. All other laws, decrees, executive orders and administrative issuances or parts thereof which are inconsistent with the provisions of this Act are hereby modified, superseded and/or repealed accordingly.

Section 42. Effectivity. – This Act shall take effect fifteen (15) days following its publication in the Official Gazette or m at least two (2) newspapers of general circulation in the country.

Approved,

This Act which is a consolidation of Senate Bill No. 3139 and House Bill No. 4323 was finally passed by the Senate and the House of Representatives on September 10, 2012 and September 18, 2012, respectively.

Approved: DEC 17 2012

(Sgd.) BENIGNO S. AQUINO III
President of the Philippines