PPE: R.A. 10350 | PIID | IRR |STANDARD FEES & CONTRACTS |OBLIGATIONS & CONTRACTS

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Republic Act No. 10350

This act shall be known as the "Philippine Interior Design Act 2012" an act to regulate and modernize the practice of the interior design in the Philippines

Interior Design

It refers to the science and art of PLANNING, SPECIFYING, SELECTING, and ORGANIZING the surface finishes including furniture, furnishings and fixtures and other interior design elements

Professional Interior Designer

Refers to the natural person who holds a valid certificate of registration and valid professional identification card issued by the Board and the Commission pursuant to this Act.

Commision

Refers to the Professional Regulation Commission

Scope of the professional practice of Interior Design (R.A. 10350, Art. I, Sec. 5)

The practice of interior design is the act of planning, designing, specifying, supervising.

AIPO

Accredited and Integrated Professional Organization

Term of Office

The board members shall hold office for 3 years and can be reappointed for another 3 years and no member shall hold office for more than 6 years in position as a Chairman or as a member of the board.

subpoena duces tecum

A power of the Board to administer violations of this Act to secure the appearance of witnesses and the production of documents in connection therewith

CPE

Continuing Professional Education

TOS

Table of Specifications

Annual Report (R.A. 10350, Art. II, Sec 13)

The Board shall. at the close of each calendar year, submit an annual report to the President of the Philippines, through the Commission.

Subjects for Licensure Examination (R.A. 10350, Art. III, Sec. 16)

1. Interior Design (40%), 2. Furniture Design and Construction (15%), 3. Materials of Design and Decoration (10%)

Report of Rating (R.A. 10350, Art. III, Sec. 18)

The Board shall submit to the Commission the ratings obtained by each candidate within 20 days after the examination unless extended by the Commission for just cause.

IDr

Official Appendage title

motu proprio

investigate violation of any above mentioned causes

PIID

The Philippine Institute of Interior Designers is the only accredited organization of interior designers in the Philippines and accredited by the PRC.

APSDA

Asia-Pacific Space Designers Association

IFI

The International Federation of Interior Architects and Designers

AIDA

Asia Interior Design Association

Penal Clause (R.A. 10350, Art. V, Sec. 34)

Illegal Local Practitioners and foreign practitioner shall be punished by a fine not less than PHP 300,000 but not more than PHP 1,000.000 or imprisonment of not less than 6 months but not more than 3 years.

IRR

Implementing Rules and Regulations of the Philippine Interior Design Act of 2012

Republic Act no. 8981

Professional Regulation Commission Modernization Act of 2000

CHED

The Commission on Higher Education

CPE

Continuing Professional Education/Development

CPEC

Continuing Professional Education Council

CIDE

Council of Interior Design Educators

Interior Space

an area inside a building or room with respect to design and decoration, the purpose, function and dimension of which, is prescribed int the contract documents

Contract Documaents

Documents that form part of the legal contract for services between two or more parties which shall include detailed instructions to the contractor, tender forms, contract documents and specifications.

Contract Administration / Project Management

services on specific interior spaces which shall include developing and monitoring schedules and construction costs, ensuring that construction is completed in conformance w/ contracts and design intent.

Furniture Footprint Plans

Plans showing appropriate scale and type of furnishings w/ critical or required clearances that shall serve as the basis for a fully integrated project design for Furniture, Furnishings & Equipment (FF&E) Package

Furnishings & Equipment (FF&E)

Design, selection, specification, color coordination and procurement documentation of the required items necessary to meet the functional, operational, sustainability, safety and aesthetic requirements of the user.

Programming

Scope of work which may include, but not limited to, conducting research, identifying and analyzing the requirements of the clients.

Technical Specifications

Detailed written description of construction, workmanship and materials of the interior design work to be undertaken which may be CLOSED or OPEN technical specifications.

Official Seal of the Board

The official seal of the board shall be circular in form with a stylized human figure wearing a hat, arms outstretched upward; between his parted legs is a Bahay Kubo, at the right side are three stars and rays of the sun; at the left side are Sampaguita flowers and Laurel leaves and the words "Interior Design" written in a circular manner with the letters being equally spaced. The words "Interior Design" written on top and the words "Professional Regulation Commission" written below", the Board said.

Law

A rule of conduct, just, obligatory and laid down by a legitimate power for common observance and benefit.

Divine Law

A law based on Religion or faith

Natural Law

A law based on morality or equity, regarded as the reasonable basis of state law.

Moral Law

A law for the norms of good conduct in a specific community, caries accordance to era, conditions, or convictions of the people.

Physical law

Laws of physical science

Private Law

The law which regulates the relations of the members if a community with each other for purely private ends

Public Law

The law that governs an individual with the State

Substantive Law

The law that establishes rights as well as duties of an individual.

Procedural or Adjective Law

The law that lays down the procedure by which rights or claims may be enforced.

ignorantia legis neminem excusat

ignorance of the law shall excuse no one from compliance therewith

Civil Obligations

Give rights of action to compel their performance.

Natural Obligations

based on equity or natural law; does not grant a right of action to enforce performance; merges with moral obligations.

ARTICLE 1156

"AN OBLIGATION IS NOT A MERE NECESSITY"

Active Subject

The one who can compel compliance with the obligation

Passive Subject

The one compelled to comply with or perform the obligation

Juridical or Legal Tie

also know as efficient cause; that which binds or connects the parties to the obligation

Prestation

that which is an object undertaking of the obligation or that which is to be given, to be done or not to be done.

ARTICLE 1159

Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith

Dolo (fraud)

intentional non-performance of obligation; deception. There is an intent to evade the normal fulfillment of the obligation and to cause damage.

Dolo incidente (incidental fraud)

does not affect the validity of the contract while 'dolo causante' (casual fraud) renders contracts voidable

Culpa (negligence)

carelessness or lack of diligence

Culpa Contractual (Contractual Negligence )

there is a pre-existing obligation (arising from a contract) and there is fault carrying out such

Culpa Aquiliana (Civil Negligence)

negligence becomes a source of obligation in itself without a pre-existing contract

Mora (delay)

Legal delay where there is failure in performance of an obligation on time constituting a breach.

Mora Solvendi

Delay on the part of the debtor to fulfill his obligation. The debtor is liable for damages in case of delay in the performance of his obligation. He's also liable for damages caused by fortuitous events.

Mora Accipendi

Delay on the part of the creditor to accept the performance of the obligation. Creditor also bears the risk of loss of the things due.

Compensation Morae

delay of obligor in reciprocal obligations. The delay of the creditor neutralizes the delay of the debtor and vice versa. Contract is the considered extinguished.

Fortuitous Events

An unforeseen event causes are; Acts of Man (human intervention, war, robbery, etc), and Acts of God (Natural disasters)

Contracts

It is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render service."

Consensuality

Contracts are perfected by mere consent and from that moment the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all the consequences which, according to their nature, may be in keeping with good faith, usage and law

Relativity

Contract take effect only between parties, their assigns and heirs, except in case where the rights and obligations arising from contract are not transmissible by their nature or by stipulation or by provision of law.

Obligatory Force

Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.

Mutuality

The contract must bind both contracting parties; its validity or compliance cannot be left to the wall of one of them

Autonomy

The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient provided they are not contrary to law, morals, good customs, public order, or public policy.

Stages of Contract

1) Preparation or generation, 2)Perfection of birth, 3) Consummation or termination

Acceptance

The manifestation of the offeree of his agreement to the terms of the offer. Must be absolute. Must be express or implied in written or oral

Unemancipated Minor

A person who is under the legal age are incapacitated to give consent

Insane or demented person

a person who is mentally ill cannot accept a contract or sign into one.

Deaf-Mute who do not know how to write

Only deaf-mute people who can write can be signed into a contract otherwise, voidable.

Violence

When in order to wrest consent, serious or irresistible force is employed.

Intimidation

When one of the contracting parties is compelled by a reasonable and well-grounded fear of an imminent and grave evil upon his personal property.

Undue Influence

When a person takes improper advantage over the will of another, depriving the latter of a reasonable freedom of choice.

Fraud

When through insidious words or machinations of one of the contracting parties, the other is induced to enter into a contract, which without them he would have not agreed to

Rescission

A remedy granted by law, both to the contracting parties and to the third person in order to secure reparation of damage caused them by a contract, even if the contract be valid, by means of the restoration things to their condition prior to the celebration of said contract

Voidable Contracts

Those where one of the parties is incapable of giving consent to the contracts; is vitiated by mistake, violence, undue influence, intimidation or fraud.

Ratification

is in legal effect, a waiver of one's right to annul the voidable contract.

Unenforceable Contracts

Contracts that cannot be sued upon unless ratified

Contractor Supplied Materials (CSM)

If the contractor agrees to produce the work from material furnished by him, he shall deliver the things produced to the employer and transfer dominion over the thing.

Owner- Supplied Materials (OSM)

The contractor who has undertaken to put not only his work or skill, cannot claim any compensation if the work should be destroyed before its delivery unless caused by the poor quality of the product/material.

Acceptance of Work

Acceptance of the work by the employer relieves the contractor of liability for any defect in the work.

Contractor Liabilities After Construction

The architect, engineer who drew up the plans and specifications for a building is liable for damages within 15 years.

Contractor Limitations

The power of the owner to withdraw from a contract stated the contractor has been indemnified.

Lump Sum Contract

The designer-contractor agrees to furnish both labor and the materials and to deliver the job completely on the date agreed upon. The obligation of the employer on the other hand, is to pay the contract price upon finishing the job.

Cost-Plus a fixed amount

Neither the employer nor the designer-contractor knows hows much the job will cost until after its completion.

Cost-Plus a certain percentage

No exact amount of compensation but a certain percentage of whatever may be the cost of the labor and the materials

Cost-Plus a certain percentage with a variable increase or decrease as bonus or deduction

The parties agree on a basic price which both of them believe is reasonably the amount that will be spent for labor and materials.

Damages

The estimated reparation in money for detriment or injury sustained, or the compensation or satisfaction imposed by law for a wrong or injury caused by a violation of legal right

Actual or Compensatory Damages

The adequate compensation for pecuniary loss or suffered.

Moral Damages

Incapable of pecuniary estimation or computation but are recoverable in the amount to be determined by the court provided they are proximate result of the wrongdoer's act or omission.

Nominal Damages

When a party is injured and shall prove his injury to his legal right.

Temperate or Moderate Damages

Those which may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be provided with certainty.

Liquidated Damages

Those agreed by the parties to a contract, to be paid in case of breach thereof. Whether intended as an indemnity or a penalty, it shall be equitable reduced if they are iniquitous or unconscionable.

Exemplary or Corrective Damages

Those which are imposed in additional to moral, temperate, liquidated or compensatory damages by way of example or correction for the public good.

Economic and Socialized Housing Projects

Does not apply to the Revised Implementing Rules and Regulation of the National Building Code of the Philippines (P.D. 1096)

Fees (IRR)

The Building Official shall retain not more than 20% of the income/collected derived from permit fees and other changes for the OPEX of his office. The 80& remainder shall accrue account of all fees and other charges fixed and authorized to be collected and received.

Administrative Fines (IRR)

The secretary of his duly authorized representative may prescribe and impose fines not exceeding Php 10k