Philippine Interior Design Act of 1998: Regulations and Professional Standards

Republic Act No. 8534

An Act Regulating the Practice of Interior Design in the Philippines.

Philippine Interior Design Act of 1998

This Act shall be known as the 'Philippine Interior Design Act of 1998.'

Practice of Interior Design

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.

Activities of Interior Design

Includes consultation, advice, direction, evaluation, estimates, appraisals, adjustments, operational programming, schematic designs, professional contract documents, preparation of feasibility studies, plans, specifications, project cost estimates, and interior construction management.

Interior Designer

A natural person who has been issued a certificate of registration and a valid professional license by the Board of Interior Design.

Board of Interior Design

A board created to oversee the practice of interior design, composed of a chairman and two members appointed by the Professional Regulation Commission.

Qualifications of Members of the Board

Must be a citizen and resident of the Philippines, at least thirty-five years old, holder of a Bachelor's Degree in Interior Design, registered interior designer with at least ten years of practice, and not connected with any educational institution teaching Interior Design.

Term of Office

Members of the Board shall hold office for a term of three years and may be reappointed for a second term.

Professional Regulation Commission

The commission responsible for submitting nominees for the Board of Interior Design.

Bachelor's Degree in Interior Design

A degree conferred by a recognized or accredited school, academy, college, or university in the Philippines or abroad.

Active Practitioner

An interior designer who has been practicing for not less than ten years prior to appointment.

Moral Turpitude

An offense involving dishonesty or immorality that disqualifies a member from the Board.

Interior Construction Management

Administration, supervision, coordination, and direction of planning, designing, construction, renovation, demolition, alteration, preservation, or restoration of building interiors.

Feasibility Studies

Preliminary technical, economic, and financial studies prepared as part of the interior design practice.

Schematic Designs

Initial design concepts and layouts developed during the interior design process.

General Conditions

The terms and requirements outlined in contract documents related to interior design projects.

Project Cost Estimates

Financial projections for the costs associated with interior design projects.

Interior Design Subjects

Courses taught related to the field of interior design.

Computer-Aided Design

The use of software to facilitate the design process in interior design.

Nominees for the Board

Five nominees recommended by the accredited association of interior designers for each position on the Board.

Accredited Association of Interior Designers

The recognized organization representing interior designers in the Philippines.

First Board Organization

The first Board shall be organized within thirty days from the effectivity of this Act.

Reappointment

The ability of Board members to serve a second term after their initial three-year term.

Duly Accredited

Recognition granted to associations or institutions that meet specific standards set by the government.

Chairman

One (1) member shall hold office as Chairman for three (3) years.

Board Member Term Lengths

One (1) member for two (2) years; and one (1) member for one (1) year.

Oath of Office

Each member of the Board shall take the proper oath prior to assumption of duty.

Compensation of Board Members

The Chairman and members of the Board shall receive compensation and allowances comparable to existing regulatory boards.

Vacancy Filling

Any vacancy occurring in the membership of the Board shall be filled for the unexpired portion of the term only.

Removal Grounds

The President may remove any member of the Board for neglect of duty, incompetence, malpractice, violation of the Act, or crimes involving moral turpitude.

Powers of the Board

The Board shall exercise specific powers, functions, duties and responsibilities as outlined in the Act.

Regulation of Interior Designers

The Board shall supervise and regulate the registration, licensure and practice of professional interior designers in the Philippines.

Administer Oaths

The Board shall administer oaths in connection with the administration of this Act.

Certificate of Registration

The Board shall issue, suspend, revoke, or reinstate the certificate of registration or professional license for interior design.

Official Seal

The Board shall adopt an official seal.

Monitor Practice Conditions

The Board shall monitor conditions affecting the practice of interior design and adopt measures for enhancement.

Compliance with CHED

The Board shall ensure compliance with policies, standards and requirements set by the Commission on Higher Education (CHED).

Code of Ethical Standards

The Board shall prescribe and/or adopt a Code of Ethical and Professional Standards for interior design.

Administrative Cases

The Board shall hear and try administrative cases involving violations of the Act and issue subpoenas.

Continuing Professional Education (CPE)

The Board shall prescribe guidelines in the CPE program in coordination with professional associations.

Computerization of Licensure Examination

The Board may adopt a program for the full computerization of the licensure examination.

Syllabi Preparation

The Board shall prepare, adopt and issue syllabi for examination subjects.

Temporary License

The Board shall approve, issue, limit or revoke temporary licenses to practice interior design.

Enhancement of Profession

The Board shall discharge duties necessary for the enhancement and growth of interior design education.

Administrative Supervision

The Board shall be under the administrative supervision of the Commission.

Custodian of Records

All records of the Board shall be under the custody of the Commission.

Secretary of the Board

The Commission shall designate the secretary of the Board and provide support services.

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.

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.

Examination Required

All applicants for registration for the practice of 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.

Qualifications of Applicant for Examination

Every applicant for examination shall, prior to admission to the examination, establish to the satisfaction of the Board that: (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.

Fraudulent Application

The Board may suspend or revoke any certificate of registration obtained by any misrepresentation made in the application for examination.

Scope of Examination

The examination for interior design shall basically cover the following subjects: (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.

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 general 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.

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.

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.

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.

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 of 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.

Certificate

This certificate shall remain in full force and effect until withdrawn, suspended or revoked, in accordance with this Act.

Professional License

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.

Validity of License

This license will serve as evidence that the licensee can lawfully practice his profession until the expiration of its validity.

Seal of Interior Designer

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.

Obtaining Seal

Each registrant shall, upon registration, obtain the seal of such design as the Board of Interior Design may adopt.

Stamping Plans

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.

Expired 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.

Government Acceptance of Plans

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.

Payment Approval

No payment shall 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.

Signature on Plans

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.

Responsibility of Designer in Charge

The interior designer in charge shall be fully responsible for all plans, specifications, and other documents issued under his seal or authorized signature.

Rules and Regulations

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.

Ownership of Documents

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.

Duplication of Documents

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.

Signing and Sealing Requirement

All drawings, specifications and other documents to be used for the construction, remodeling or refurbishing of interiors shall be signed and sealed by a licensed interior designer.

Violation Consequences

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

Indication of License

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.

Refusal to Issue Certificates

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.

Written Statement of Refusal

It shall issue a written statement setting forth in detail the reasons of the Board.

Court of Appeals

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.

Suspension and Revocation of Certificates

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 section.

Fraud or Deceit

The use or perpetration of any fraud or deceit in obtaining a certificate of registration.

Gross Ignorance

A reason for the revocation or suspension of a certificate of registration, indicating a lack of knowledge or understanding in the field.

Chronic Inebriety

A condition that may lead to the revocation or suspension of an interior designer's registration.

Habitual Use of Drugs

A condition that may lead to the revocation or suspension of an interior designer's registration.

Abetment of Illegal Practice

The act of assisting or encouraging the illegal practice of interior design.

Vested Rights

All practicing interior designers who are registered at the time this Act takes effect shall automatically be registered.

Registration Without Examination

Any of the following persons may register as interior designer without examination.

Specialty Board of Interior Design

All interior designers registered under this board may register without examination.

Proof of Practice

Documentation required to show that an individual has practiced interior design for a specified time.

Registered and Duly Licensed Architects

Architects who have been practicing interior design for ten (10) years prior to the effectivity of this law and who can show proof of practice.

Practice Not Allowed for Firms and Corporations

The practice of interior design is a professional service that shall be determined upon the basis of an individual's personal qualifications.

Securities and Exchange Commission

Persons properly registered and licensed as interior designers may form and obtain registration with this commission.

Integrated National Organization

The interior design profession shall be integrated into one (1) national organization recognized by the Board and accredited by the Commission.

Membership Benefits

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.

Foreign Reciprocity

No foreign interior designer shall be issued a temporary license to practice unless their country permits Filipino interior designers to practice within its territorial limits.

Coverage of Temporary/Special Permits

Foreign nationals must secure a special temporary permit from the Professional Regulation Commission to practice as interior designers in the Philippines.

Conditions for Special Temporary Permit (a)

The foreign national must be a citizen of a country that permits Filipino professionals to practice within their territorial limits.

Conditions for Special Temporary Permit (b)

The foreign national must be legally qualified to practice interior design in their own country and their expertise must be necessary for technology transfer.

Conditions for Special Temporary Permit (c)

Foreign nationals must work with a Filipino counterpart and share professional fees and documentation expenses.

Appropriations

Necessary sums to carry out the provisions of this Act shall be included in the General Appropriations Act of the year following its enactment.