[ republic'act no. 109151€¦ · title. - this act shall be known as the "philippine...

18
S, No. 2434 H No. 6421 Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand fifteen. ^ [ R E P U B L I C ' A C T N O . 109151 AN ACT STRENGTHENING, MODERNIZING AND A L I G N I N G T H E P R A C T I C E OF AGRICULTURAL ENGINEERING I N " T H E C O U N T R Y INTO THE INTERNATIONALLY RECOGNIZED PRACTICE OF A G R I C U L T U R A L A N D B I O S Y S T E M S E N G I N ' E E R I N G , A N D F O R O T H E R PURPOSES Be it enacted by the Senate and House of Representatives o f the Philippines in Congress assembled: ARTICLE I GENERAL PROVISIONS SECTION 1. Title. - This Act shall be known as the "Philippine Agricultural and Biosystems Engineering Act of 2016".

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S , N o . 2 4 3 4 H N o . 6 4 2 1

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand fifteen. ^

[ R E P U B L I C ' A C T N O . 109151

A N A C T S T R E N G T H E N I N G , M O D E R N I Z I N G A N D A L I G N I N G T H E P R A C T I C E O F A G R I C U L T U R A L E N G I N E E R I N G I N " T H E C O U N T R Y I N T O T H E I N T E R N A T I O N A L L Y R E C O G N I Z E D P R A C T I C E O F A G R I C U L T U R A L A N D B I O S Y S T E M S E N G I N ' E E R I N G , A N D F O R O T H E R P U R P O S E S

B e it e n a c t e d b y the S e n a t e and H o u s e o f Representatives o f the

Philippines in C o n g r e s s assembled:

A R T I C L E I

G E N E R A L P R O V I S I O N S

S E C T I O N 1 . Title. - T h i s A c t s h a l l be k n o w n a s t h e " P h i l i p p i n e A g r i c u l t u r a l a n d B i o s y s t e m s E n g i n e e r i n g A c t o f 2 0 1 6 " .

SEC.

2. Statement of Policy. - It i

s hereby

decl

ared

a

pohcy

of the

State

to promote,

strengthen

and

regulate

the

prac

tice of a

gricultural

and

bios

yste

ms

engineering

prof

essi

on

in

the

PliiHppines

by i

nsti

tuti

ng

measures

that

will

result

in

relevant

agricultural

and

bios

yste

ms

engi

neer

ing

educ

atio

n and

enha

nced

ro

les

and

better

care

er

prospects

for

agricultural

and

bios

yste

ms

engi

neer

s.

Lilc

ewis

e, the

State

here

by

guar

ante

es

the

apph

cati

on

and

delivery

of a

gricultural

and

bios

yste

ms

engineering

services to

accelerate

agricultural

and

fishery

modernization;

and

ensure

food

and

water

security,

bio-energy

development,

natural

resources

conservation,

environmental

protection

and

human

health

and

safe

ty by f

ostering

the

training

and

development

of

an adequate

and w

ell-trained

pool

of agricultural

and

biosystems

engineers

in t

he

country.

SEC.

3. Coverage of this Act. -

This

Act s

hall

cover

the

following

aspects

of the

prac

tice

of the

profession

of

agricultural

and

biosystems

engineering:

(a)

Examination,

registration

and

hcen

sure of a

grictdtural

and

biosystems

engineers;

(b)

Supervision,

control

and

regulation

of t

he

prac

tice of

agricultural

and

biosystems

engineering;

(c)

Development,

upgrading

and u

pdating

of the

curriculum

of the

agricultural

and

biosystems

engineering

profession

in c

oordination

with

the

Commission

on Higher

Education

(CHED)

and

the

concerned

state

universities

and

colleges

(SUCs);

(d)

Development

and

improvement

of the

professional

competence

and p

ractice

of agricultural

and

biosystems

engineers

through,

among

others,

Contmuing

Professional

Development

(CPD)

and

care

er

prog

ress

ion

and

spec

iaUz

atio

n;

and

(e)

Integration of a

ll

agricultural

and

bios

yste

ms

engi

neer

s under

one national

Accredited

Integrated

Professional

Organization

(AIPO)

of a

gricultural

and

bios

yste

ms

engi

neer

s which

shall

be recognized

by the

Board

of A

gricultural

and

3

Biosystems

Engineering

and t

he P

rofessional

Regulation

Commission

(PRC).

SEC.

4. Definition

of Terms.

- As u

sed

in

this

Act,

the

following

terms

shall

mean;

(a)

Agricultural and Biosystems Engineering

refe

rs to the

apphcation

of e

ngineering

science

and

designs

to t

he

processes

and

systems

involved

in the s

ustainable

production,

post

production

and

processing

of s

afe

food

, fe

ed,

fiber,

timber

and

other

agricultural

and

biol

ogic

al

materials

and

the

effi

cien

t ut

iliz

atio

n,

conservation,

and

management

of natural and

renewable

resources

in o

rder

to enhance

human

health in

harmony

with

the

environment.

Agricultural

and

biosystems

cons

ist

of c

rops,

forestry

and

other

plants,

poultry,

live

stoc

k,

fish

eries

and

aquaculture

resources

and

other

animals,

wildlife

a^d

other

hving

things;

(b)

Agricultural

and Biosystems

Engineer

refers

to a

person

who

is r

egistered

and

Ucensed

to p

ract

ice

agricultural

and

biosystems

engineering

in

the

country

and

who

hold

s a

vaUd

cert

ific

ate

of r

egistration

and

professional

identification

card

from

the B

oard

of Agricultural

and

Biosystems

Engineering

and

the

PRC;

/

(c)

Agricultural

and Biosystems

Power and

Machinery

refers

to farm

power

and m

achinery

for the production,

harvesting,

processing,

storage,

manufacture,

preserving,

transporting

and

distribution

of agricultural

and

biol

ogic

al

products/materials

and

incl

udes

, but

is n

ot

Umited

to,

tractors

and

their

attachments,

power

till

ers,

seeders,

transplanters,

windmills,

harvesting

machines,

crop

protection

and

maintenance

equipment,

irrigation

equipment

and

accessories,

greenhouses

and o

ther

thermal

conditioning

equipment,

live

stoc

k,

poultry,

fishery

and

fore

st

equipment,

slaughtering

equipment,

meat/fishery

and c

rop

processing

equipment,

post

harvest

machines

such

as milling

machines,

dryers,

threshers,

gi'a

in

and

other

strippers,

agricultural

transport

machinery

and

stor

age;

(d)

Agricultural and Biosystems Buildings and

Structures

refe

r to b

uild

ings

and

structures

for

the

prod

ucti

on,

harvesting,

processing,

stor

age,

manufactiire,

pres

ervi

ng,

transporting

and

4

distribution

of a

gricultural

and

biol

ogic

al

products/materials

and

includes,

but

is

not

limited

to,

silo

s and

its

components,

agricultural

and

bios

yste

ms

machinery

and

equipment

sheds,

farm

hous

es,

gree

n/sc

reen

ho

uses

, poultry

hous

es,

piggery

hous

es,

slaughterhouses,

farm-to-market

road

s,

farm

brid

ges,

agricultural

and

biological

products

storage/warehouse,

buildings

and

structures

for

poultry,

live

stoc

k,

fishery,

and

forestry

production

and

processing,

Idln

drying

and

lumber

ta'e

atme

nt

stru

ctur

e, farm

equi

pmen

t,

farm

supp

hes,

and

other

structures

such as s

elf-

feed

ers,

and

soil

and

water

cons

erva

tion

structures;

'

(e)

AgricuXtMral and Bio-Pivces$ing re

fers

to

loca

l ac

tivi

ty

or

seri

es of a

ctiv

itie

s to

mauitain or r

aise

the

quahty

or change

the

form

or c

hara

cter

isti

cs of a

gric

ultu

ral,

fi

sher

y, forestry

and

biol

ogic

al

productefmaterials

and

mcludes,

but

is n

ot

Umited

to,

cleaning,

sorting,

grading,

treating,

drying,

dehydrating,

grinding,

mixing,

milUng,

canning,

dres

sing

, slaughtering,

freezing,

pasteurizing,

conditioning,

packaging,

repacking,

transporting

of agricultural,

fishery,

forestry

and

other

biol

ogic

al

products/materials;

^

(f) Agricultural

and

Biological

Waste

Utilization

and

Management

refe

rs to t

he

development

of s

yste

ms,

processes,

and

equipment

for

agricultural

waste

disp

osal

and

util

izat

ion

and

environment-friendly

tech

nolo

gies

such

as, b

ut

is

not

limited

to,

compost

plants,

biogas

plants,

biomass

utiHzation

tech

nolo

gies

, systems

and

processes;

(g)

Agricultural

and Bio-Information

System

refers

to

utilization

of information

systems,

database,

and

other

information

management

tool

s for

agricultural

use,

bi

olog

ical

systems

modehng

to

understand

the

mutual

response

between

life

and

the

environment;

and

application

of

Geographic

Information

System

(GIS)

tech

nolo

gy

for

inventory,

analysis,

and

management

of a

gricultural

and

biol

ogic

al

reso

urce

s,

and

remote

sens

ing

tech

nolo

gy

for

obse

rvat

ion

and

examuiation of

the

landscape

and

its

loca

l forms

and

agricultural

activities;

(h)

Agricultural

and Biosystems

Automation

and

Instrumentation

refers

to the

use and a

pplication

of

^

agricultural

and

biosystems

sensors

such

as, b

ut

is not

Umited

to,

computer

mode

ls

for

cont

rol

and

automation

in

the

X

5

agri

cult

ural

and

fishery

production

industry

and

the

biol

ogic

al

systems

and

likewise,

robotics

for f

arm

operation

when

use

of machines

are d

ifficult

or impossible,

agricultural

and

biosystems

machine

design

and

automated

controls,

precision

farming

systems,

agricultural

safety

and

controUed-environment

agriculture;

and

the

development

and

apphcation

of m

etrology

equipment

such as

moisture

meters,

weighing

scale

and

other

metrology

equipment;

(i)

Agricultural

and Biosystems

Resource

Conservation

and Management r

efer

s to

meas

ures

of

co

nser

vati

on

and

prop

er

management

of a

gricultural

and

biol

ogic

al

resources

such

as,

but

is not

limited

to,

area

development

for

agriculture,

settlement

and

recreation;

parks

and

plant

nurseries;

bene

iici

al ecosystem

of

life

and

environment;

stud

y and

anal

ysis

o|

agricultural

system

as an integrated

component

of

landscape;

monitoring

and

conservation

of n

atural

reso

urce

s;

rehabiUtation

of f

ores

t,

lakes,

rivers

and

idle

lands;

and

the

sustainable

deve

lopm

ent,

management,

and

exploitation of the

agricultural

ecosystem;

(j)

Accredited

Integrated

Professional

Organization

refers

to the

professional

organization

of agricultural

and

biosystems

engineers

duly

accredited

by the

Professional

Regulatory

I^oa

rd of

Agriciitural

and

Biosystems

Engineering

and

the

PRC,

hereinafter

referred

to as t

he

"AIPO";

(10

Bachelor of Science in Agricultural

and

Biosystems

Engineering

refe

rs to t

he

tert

iary or h

igher

educ

atio

n program

which

provides

graduates

with

a Baccalaureate

Agricultui'al

and

Biosystems

Engineering

Degree

and

shaU

heremafter

be

referred

to

as B

SABE.

This

program

is e

ffec

tive

ly

promulgated

under

enab

Ung

Poli

cies

, Standards

and

Guid

elin

es

(PSG

) is

sued

by

the

CHED

in

coordination

with

the

Board

of A

gricultural

and

Biosystems

Engineering

and/or

relevant

SUCs;

(1)

Commission

on Higher

Education

refers

to the

government

agency

crea

ted

to le

ad,

promote,

and

regulate

Mgher/tertiary

education

in t

he

Philippines

crea

ted

under

Repubhc

Act

No.

7722

, hereinafter

referred

to a

s t

he

"CHED";

(m)

Irrigation

re

fers to t

he

arti

fici

al

apphcation

of water

to

the

soU

to a

ssis

t in

the

growing

of a

gricultural

and

forest

crop

s, maintenance

of landscapes,

and

re v

eget

atio

n of di

stur

bed

soil

s in

dry

area

s and

during

peri

ods

of i

nadequate

rainfaU,

6

and

shall

incl

ude

drip,

sprinlder,

shallow

tube

well

and

other

pressurized

irrigation

system;

national

and

communal

irrigation

systems;

surface

and g

round

water

resource

management;

and

irri

gati

on

structures

and

facilities

such

as

dams,

weirs,

pump

systems,

conveyances,

cana

ls,

and

flumes;

(n)

Professional

Regulation

Commission

refers

to the

government

agency

described

under

Repubhc

Act

No.

8381,

hereinafter

referred

to as t

he

"Commission";

(o)

Professional

Regulatory

Board of Agricultural

and

Biosystems

Engineering

refers

to the

administrative

body

created

by law

to supervise

and

regulate

the

practice

of

agricultural

and

biosystems

engineering

and

is t

he

ultimate

authority

in

the

prac

tice of t

he

agricultural

and

biosystems

engineering

profession

in t

he

Philippines.

It s

hall

be

hereinafter

referred

to as the

"Board";

and

(p)

Soil and Water Conservation

refers

to m

easures

that

control

soil

and

water

degradation

and e

nhance

farm

productivity;

and

shall

cons

ist

of

small

farm

reservoir,

farm

ponds,

small

water

impoundments,

contom'

farming,

and

terr

acin

g;

soil

erosion

cont

rol,

land

conditioning

and

mulching,

and

flood

control.

SEC.

5. Scope

of Practice of Agricultural and Biosystems

Engineering.

-

The

prac

tice

of agricultural

and

biosystems

engineering

within

the

meaning

and

intent

of t

his

Act

shall

embrace,

but

not

be Umited

to,

the

foll

owin

g.-

(a)

Preparation

of

engineering

designs,

plans,

spec

ific

atio

ns,

proj

ect

stud

ies,

fe

asib

iUty

st

udie

s and

estimates

of

irrigation

and

drainage,

soil

and

water

conservation

and

management

systems

and f

acilities,

agrometeorological

systems,

agricultural

and

biosystems

power

and

machinery,

agricultural

and b

iosystems

buildings

and s

tructures,

renewable/bio-energy

systems

and f

arm

electrification,

agricultural

and

bio-processing

and

post

harvest

faci

liti

es

and

system,

agricultural

and

biological

waste

utilization

and

management,

agricultural

and b

io-information

system,

agricultural

and

biosystems

resource

conservation and

management,

and a

gricultural

and b

io-automation and

instrumentation

system;

7

(b)

Supervision

or management

on the

construction,

oper

atio

n,

and

maintenance

of i

rrig

atio

n and

drai

nage

, soil

and

water

conservation

and

management

systems

and

facilities,

agrometeorological

systems,

agricultural

and

biosystems

power

and

machinery,

agricultural

and

biosystems

buildings

and

structures,

renewable/bio-energy

systems

and f

arm

elec

trif

icat

ion,

agricultural

and

bio-processing

and

post

harvest

facilities

and s

ystem,

agricultural

and

biological

waste

utihzation

and

management,

agricultural

and

bio-information

system,

agricultural

and

bios

yste

ms

reso

urce

conservation

and

management,

and a

gricultural

and

bio-automation and

instrumentation

system;

(c)

Valuation,

appraisal,

investigation,

inspection,

monitoring,

and

tech

nica

l audit

on

agricultural

and

bios

yste

ms

i^achineries

and

equipment,

structures

and

facilities,

and

agricultural

and

biosystems

engineering

proj

ects

;

(d)

Program/Project

development

and

management,

planning,

evaluation,

and

cons

idta

ncy

serv

ices on agricultural

and

biosystems

engineering

undertakings;

(e)

Conduct

of r

esearch

and

development,

training

and

extension

on.

agricultural

and

biosystems

engineering;

(f)

Testing,

evaluation,

and

insp

ecti

on of a

gricultural

and

biosystems

machinery,

and

other

related

agricultural

and

biosystems

engineering

faci

liti

es,

equipment

and

proj

ects

;

(g)

Manufacture,

distribution,

inst

alla

tion

, and

sale of

agricultural

and

biosystems

machinery

and

other

related

agricultural

and

biosystems

engineering

facilities and

equipment;

Gi)

Teaching

and/

or conduct

of l

ectu

re of a

gric

ultu

ral

and

biosystems

engineering

subj

ects

in

institutions

of l

earning

in

the

Pliihppines;

(i)

Preparation

and

evaluation of f

arm

deve

lopm

ent

plan

s,

farm

suitability

maps

and l

and

use maps/reports

for

agricultural,

livestock

and

poultry,

fish

ery,

aquaculture

and

forest

production

and

processing;

8 9

Cj)

Training

and

supervision

of agri-fishery

machinery

teclmicians

and

oper

ator

s of agri-fishery

machinery

ser\

'ice

ce

nter

s/po

ols,

and

agricultural

and

biosystems

engineering

technicians

and

operators

in a

gricultural

and

biosystems

plants,

establishments,

faci

liti

es,

and

proj

ects

;

(Ic)

Employment

with

the

government

and

private

firms

and

establishments;

Provided,

That

such

item

or

position

requires

the

knowledge

and

expertise

of an

Agricultural

and

Biosystems

Engineer,

or its

duti

es

and

resp

onsi

biHt

ies

covers

the

scope

of pr

acti

ce

in a

gricultural

and

biosystems

engineering;

and

(1)

Participation

in t

he

preparation

of environmental

studies

for a

gricultural,

fisheries,

agro-industrial

and

biosystems

projects

and its monitoring

under

the

Environmental

Impact

Assessment

(EIA)

system.

The

Board,

subj

ect

to a

pproval

of t

he

Commission,

may

add

to,

or exclude

from,

this

sect

ion

any

activity

or act of

prof

essi

onal

pr

acti

ce,

or r

evis

e it as t

he

need

aris

es to co

nfor

m to

changes

and

new

deve

lopm

ents

brought

abou

t by t

he

late

st

trends

in

Agricultural

and

Biosystems

Engineering.

ARTICLE

11

PROFESSIONAL

REGULATORY

BOARD

OF

AGRICULTURAL

AND

BIOSYSTEMS

ENGINEERING

SEC. 6. Creation and Composition of the Board. -

There

is

hereby

crea

ted

a Board

to be composed

of a

Chairperson

and

two

(2) m

embers

under

the

administrative

control

and

supervision

of t

he

Commission.

Tliey

shall be a

ppoi

nted by the

President

of the

Philippines

from

a

list

of three

(3)

recommendees

for e

ach

position

which

were

ranked

by the

Commission

from

a hst

of

five

(5

) nominees

for

each

posi

tion

submitted

by the

AIPO

in

the

PhiUppines.

The

Board

shall

be

orga

nize

d not

later

than

six

(6)

months

from

the

effe

ctiv

ity

of

this

Act.

SEC.

7. Qualifications

of Members

of the Board. -

A

member

of t

he

Board

shall, at t

he

time

of t

heir

appointment,

possess

the

following

qual

ific

atio

ns:

(a)

Must

be a

Filipino

citizen

and r

esident

of

the

Phihppines;

(b)

Must

be at l

east

th

irty

-fiv

e (3

5)

years

of

age;

(c)

Must

be a ho

lder of B

ache

lor'

s Degree

in

Agricultural

and

Biosystems

Engineering,

Agricultural

Enguieering

or its

equi

vale

nt,

conf

erre

d by a

sc

hool

, academy,

coll

ege

or u

niversity

in

the

Philippines

or a

broa

d wh

dch

is a

ccre

dite

d or recognized

by

the

CHED;

(d)

A

registered

Agricultural

and

Biosystems

Engineer

with

a vahd

prof

essi

onal

Uc

ense

and

an

acti

ve

practitioner

for

not

less

than

ten

(10)

years

prior

to l

iis/her

appointment;

^

(e) M

ust

not,

for

a period

of t

hree

(3)

cons

ecut

ive

years

prior

to the

appointment,

be a member

of the

faculty

of,

dire

ctly or i

ndirectly,

any

scho

ol,

academy,

inst

itut

e,

college

or

university

where

a

regular

course

in

Agricultural

Engineering

or Agricultural

and

Biosystems

Engineering

is

being

taught;

or have

any

pecuniary

interest,

directly

or

indirectly,

in or administrative

supervision

over

any

such

institutions

of l

earning;

(f)

Mu^t

not,

for

a pe

riod of t

hree

(3)

cons

ecut

ive

years

prior

to t

he

appointment,

be connected

with

a review

center

or

any

group

or a

ssoc

iati

on

where

review

classes

or lectures

in

preparation

for t

he

licensure

examination

are

offe

red

or

conducted

at t

he

time

of appointment;

(g)

Must

be a member

in

good

standing

of t

he

AIPO

for

at le

ast

five

(5

) ye

ars,

but

not

an

incumbent

offi

cer

or trustee

ther

eof;

and

(h)

Has

never

been

conv

icte

d of any

offe

nse

involving

moral

turpitude.

SEC.

8. Term of Office. -

The

Chairperson

and

two (2)

members

of t

he

Board

shaU

hold

offi

ce

for

a term

of t

hree (3)

years

from

the

date

of their

appointment

and

unti

l their

successors

shaU

have

been

appointed

and

quaU

fied

. The

firs

t Board

under

this

Act s

haU

hold

thes

e terms

of of

fice

: the

Chairperson

for

three

(3)

year

s;

the

firs

t member

for

two (2)

year

s;

and

the

second

member

for

one

(1)

year

: Provided,

Tlia

t

any

appo

inte

e to a

vacancy

with

an

unexpired

term

shall

only

serv

e such

period.

The

Chairperson

or a

member

of the

Board

may

be

reappointed

to t

heir

positions

for

another

term

of t

hree (3)

years

immediately

after

the

expiry

of t

heir

terms:

Provided,

further, That

the

holduig

of s

uch

posi

tion

shall

not

be f

or

more

than

two

(2) t

erms

nor

more

than

six

(6)

years,

whichever

is lo

nger

. The

Chairperson

and

two

(2)

members

of t

he

Board

shal

l take

thei

r oath

of of

fice

prior

to entering

upon

the

performance

of d

uty.

SEC.

9. Compensation and Allowances of the Board.

-The

Chau'person

and

members

of the

Board

shall

rece

ive

compensation

and

allo

wanc

es

comp

arab

le to t

he

compensation

and

allowances

being

received

by the

Chairpersons

and

members

of e

xisting

Professional

Regulatory

Boards

under

the

PRC

as p

rovided

for

in

the

General

Appropriations

Act.

SEC.

10. Vacancy and Removal of Board Members.

-Any

vacancy

occurring

in t

he

Board

within

the

term

of a

member

shall be

fill

ed

for

the

unexpired

portion

of t

he

term

only.

The

President

may

remove

the

Chairperson

or

any

member

of t

he

Board

on t

he

following

grounds:

(a)

Gross

negl

ect,

incompetence

or dishonesty

in t

he

discharge

of duty;

(b)

Violation or t

olerance

of t

he

violation of t

his

Act or

the

Code

of E

tliics

for

agricultural

and

bios

yste

ms

engi

neer

ing;

(c)

Involvement

in

the

manipulation,

tampering

or

rigg

ing

of

the

licensure

examination,

its

questions

and/or

its

results,

and

in

the

disc

losu

re of c

lass

ifie

d and

confidential

information

pertaining

to t

he

lice

nsiu

'e

examination;

(d)

Final

judgment

for

cruues

involving

moral

turpitude;

and

(e)

Unprofessional,

unethical,

immoral

or

dishonorable

conduct.

//

The

Chairperson

or m

ember

concerned

shall be g

iven

due

noti

ce

and

hearing

where

his/her

right

to be heard

and

to

defe

nd

himself,

assi

sted by a

co

unse

l,

shall be r

espected

in

the

proper

administrative

investigation.

SEC.

11. Powers and Duties of the Board. -

The

Board

shal

l exercise

the

following

specific

powers,

functions and

duti

es:

(a)

Promulgate

and

adopt

the

rules

and

regulations

necessary

for

carrying

out

the

provisions

of t

his

Act;

(b)

Supervise

the

registration,

licensure

and

prac

tice of

agricultural

and

biosystems

engineeruig

in

the

Philippines;

^

(c)

Administer

oath

s of s

ucce

ssfu

l examinees

entering

the

prac

tice of a

gricultural

and

bios

yste

ms

engineeruig;

(d)

Issue

the

certificate

of registration

to successful

examinees;

(e)

Issu

e,

suspend

or r

evoke

the

Ucense

for

the

prac

tice

of

agricultural

and

biosystems

engineering

prof

essi

on;

(f)

Ad^f)t

an o

fficial

seal

of t

he

Board;

(g)

Look

into

the

cond

itio

ns

affe

ctin

g the

prac

tice of t

he

agri

cult

ural

and

bios

yste

ms

engineeruig

prof

essi

on

through

the

conduct

of o

cular

inspections

and

monitoring

in

agricultural

and

biosystems

engineering

offi

ces,

plants

or e

stablishments,

both

public

and

private,

and

in t

he

case

of schools,

in

coordination

with

the

CHED

and/

or

the

concerned

SUCs,

and

whenever

necessary

adopt

such

measures,

including

promulgation

of agricultural

and

biosystems

engineering

standards,

rules

and

regulations,

and

best

prac

tice

s for

the

enhancement

and

maintenance

of

high

prof

essi

onal

and

ethical

standards

of the

profession,

and

the

formulation

and

implementation

of agricultural

and

biosystems

engineering

profession

development

plan/road

map;

(h)

Pres

crib

e an

d/or

ad

opt,

and

enforce

a Code

of E

thical

and

Professional

Standards

for

the

prac

tice of a

gric

ultu

ral

and

biosystems

engineering

prof

essi

on;

12

(i)

Hear

and

try

administrative

cases

involving

viol

atio

ns

of

this

Act,

its

implementing

rules

and

regulations,

the

Code

of

Ethics

for

agricultural

and

bios

yste

ms

engi

neer

s and

for

tlii

s pu

rpos

e, to i

ssue subpoena a

nd

subpoena duces tecum to se

cure

the

appearance

of w

itne

sses

and

the

production

of

documents

in

connection

therewith;

(j)

Prescribe

guidelines

in the C

PD

program

for

agri

cult

ural

and

bios

yste

ms

engi

neer

s in

coor

dina

tion

with

the

AIPO

of A

gricultural

and

Biosystems

Engineers;

(k)

Ensure,

in

coor

dina

tion

with

the

CHED

and/

or

SUCs,

that

all

educational

institutions

offering

agricultural

and

bios

yste

ms

engi

neer

ing

educ

atio

n co

mply

with

the

pohc

ies,

standards

and

requirements

of t

he

course

pres

crib

ed

by the

CHED

in the a

reas

of curriculum,

faculty,

library and

faci

liti

es;

(1)

Prepare,

adop

t,

issu

e or amend

the

syllabi

of

the

subj

ects

fo

r examinations

including

its

Tabl

e of

Spec

ific

atio

ns

ui

consultation

with

the

academe,

and

caus

e the

determination

and

preparation

of qu

esti

ons

for t

he

lice

nsur

e examination

which

shall

strictly

be within

the

scope

of t

he

syllabi

of the

subj

ects

for

examinations,

as w

ell

as a

dminister,

corr

ect

and

release

the

result

of the

licensure

examinations;

(m)

Approve,

issu

e,

limi

t or revoke

temporary/special

permit

(TSP)

to practice

agricultural

and

biosystems

engineering;

(n)

Issue

a

cease

or

desist

order

to any

person,

asso

ciat

ion,

partnersliip,

corporation

or c

oope

rati

ve

engaged

in

violation

of a

ny

of t

he

provisions

of t

his

Act,

any

agricultural

and

biosystems

engineering

standards

and/or

rules

or

regulations

duly

promulgated

by t

he

Boai

'd as p

art

of t

he

rule

s governing

the p

ractice

of

agricultural

and

biosystems

engineering

in

the

Philippines;

(o)

Punish

for c

ontempt

of the

Board,

both

dire

ct

and

indirect,

in a

ccordance

with

the

pertinent

provision

of, and

penalties

pres

crib

ed

by, t

he

Rules

of Court;

13

(p)

Perform

regu

lato

ry,

admi

nist

rati

ve,

and

quas

i-le

gisl

ativ

e fi

mcti

ons

as m

andated

mider

Repubhc

Act

No.

8981,

otherwise

known

as the

"PRC

Modernization

Act

of 2000",

and

such

other

functions

as may be

necessary

to implement the

provisions

of this

Act;

(q)

Disc

harg

e su

ch

other

duti

es

and

functions

as m

ay

be

deemed

necessary

for

the

enhancement

of t

he

agricultural

and

biosystems

engineering

profession

and the

upgrading,

development

and

growth

of agricultural

and

biosystems

engineering

education

in

the

Phihppines;

and

(r)

Accreditation

of s

peci

alty

organization.

All

poli

cies

, resolutions,

rules

and

regulations

of

the

card

shall

be su

bjec

t to the

review

and

approval

of

the

ommission.

SEC.

12.

Supervision

of the Board;

Custodian

of its

Records, Secretariat and Support Services. -

The

Board

shall

be

under

the

administrative

control

and

supervision

of the

Commission.

All

records

of t

he

Board,

including

applications

for

examination,

examination

papers

and

results,

minutes of

deliberation,

administrative

cases

and

other

investigations

involving

agfr

icul

tura

l and

bios

yste

ms

engi

neer

s shall be

kept

by

the

Commission.

The

Commission

shall

desi

gnat

e the S

ecretary

of

the

Board

and

shall

provide

the

secretariat

and

other

support

services

to i

mplement

the

provisions

of this

Act.

SEC.

13. Annual Report. -

The

Board

shall,

at the

close

of

each

calendar

year,

submit

an annual

report

to the

President

through

the

Commission

giving

a detailed

account

of

its

proceedings

and

accomplishments

during

the

year

and

making

recommendations

for the

adoption

of m

easures

that

will

up

grad

e and

improve

the

cond

itio

ns

affe

ctin

g the

prac

tice

of

agricultural

and

bios

yste

ms

engineering

in

the

Philippines.

14

ARTICLE

III

EXAMINATION,

REGISTRATION

AN

D LICENSE

SEC.

14. Examination

Required.

-

All

applicants

for

registration

for t

he

prac

tice

of agricultural

and

biosystems

engineering

shall be r

equi

red

to u

nder

go

and

pass

tlie

hc

ensu

re

examination

as pr

o\'i

ded

for i

n t

his

Act.

SEC.

15

. Qualification of an Applicant for

Examinations.

— E

very

appHcant

for t

he

examination

for a

gricultural

and

biosystems

engineers

shall

have

the

following

qualifications:

(a)

A citizen

of t

he Philippines or a foreign

citizen

whose

country

or State

has

a poUcy

on reciprocity

in t

he

prac

tice

of

the

profession;

(b)

A graduate

of B

ache

lor

of S

cience

in

Agricultural

and

Biosystems

Engineering

or its

equivalent,

or Bachelor

of

Science

in

Agricultural

Engineering

prior

to o

r a

fter

ten

(10)

years

after

the

approval

of tl

iis

Act, in a

sc

hool

, academy,

inst

itut

e, co

lleg

e or u

niversity or an in

stit

utio

n duly

recognized

by

the

CHED; and

(c)

Of good

moral

character.

SEC.

16. Fraudulent

Application.

-

The

Board may

suspend

or revoke

any c

ertificate

of registration

obtained

through

misrepresentation

made

in the a

pplication

for

examination.

SEC.

17. Scope

of

Examination.

-

The

licensure

examination

for

agricultural

and

biosystems

engineers

shall

cover

the r

equired

competencies

for t

he

entry

level

of the

practice

of agricultural

and

biosystems

engineering

and

shall

include

the

following

subj

ects

:

(a)

Agricultural and B

iosystems

Power,

Energy and

Machinery

Engineering

which

include

agricultural

power

and

bio-energy,

machine

design

and a

nalysis,

machinery

management

and m

echanization

of

agricultural

and

bioproduction

syst

ems;

15

(b)

Land

and

Water

Resources

Engineermg

which

include

agro

mete

orol

ogy,

ir

riga

tion

and

drainage

engineering,

soil

and

water

conservation,

and

aquaculture

engineering;

(c)

Agricultural

and Biosystems

Structures

and

Envi

rmun

enfc

Engineering

which

mclu

de

agricultural

structures

engineering,

forest

engineering,

design

and

management

of

agri

cult

ural

and

biosystem

9tru

ctm*

es,

and

bio-environmental

desi

gn;

(d)

Agri

cult

ui'a

l and

Bioprocess

Engineering

which

incl

ude

refrigeration

and

cold

stor

age,

ag

ri-i

ndus

tria

l and

biosystems

apphcation

of electrical

energy

and

elec

tron

ics,

agricultural

prod

ucts

process

engineering,

and

food

and

bio-based

products

process

engineering;

(e)

Project

Management,

Feasibihty

Study

Preparation/

Evaluation,

Research,

Development

and E

xtension

on

Agri

cult

ui'a

l and

Biosystems

Engineering;

(f)

Fundamentals

of A

gric

ultu

ral,

Fishery,

Ecol

ogic

al

and

Environmental

Sciences;

(g)

M^i(hematics

and

Basic

Engineering

Principles;

(h)

Laws,

Professional

Standards

and

Ethics;

and

(i)

Other

subjects

within

the

areas

of

competencies

required

for the p

ractice

of agricultural and

biosystems

engineering

profession

pursuant

to Section

5 of t

his

Act.

The

said

subj

ects

and

thei

r syllabi

may

be periodically

amended

by the B

oard

so as to conform

with

the l

atest

technological

changes

brought

about

by c

ontinuing

trends in

the

profession.

SEC.

18. Rating

in the Board

Examinations.

-

To be

qualified

as having

passed

the B

oard

examination for

agricultural

and b

iosystems

engineers,

a

candidate

must

obtain

a weighted

general

average

of s

eventy

percent

(70%),

with

no g

rades

lower

than

fift

y-fi

ve

perc

ent

(55%

) in

any

give

n su

bjec

t.

However,

an examinee

who

obta

ins

a weighted

gene

ral

16

aver

age

rating of s

even

ty

perc

ent

(70%

) or h

ighe

r, but

obta

ins

a rating

below

fift

y-fi

ve

perc

ent

(55%

) in

any

given

subj

ect,

must

retake

the

examination

in

the

subj

ect

or s

ubje

cts

where

he/s

he

obta

ined a gr

ade

belo

w fifty-five

perc

ent

(55%

) and

must

obtain

a gr

ade

or g

rade

s in

the

said

su

bjec

t or s

ubje

cts

of not

lower

than

fift

y-fi

ve

perc

ent

(55%

).

SEC.

19. Report of Ratings. -

The

Board

shall

submit

to

the

Commission

the

ratings

obtained

by ea

ch

candidate

within

ten

(10)

da

ys

afte

r the

examination,

unle

ss

extended

for

just

cause.

Upon

the

release

of the

results

of

the

examination,

the

Board

shall

send by m

ail

the

rating

rece

ived

by

each

examinee

at

his/her

given

addr

ess

using

the

mailing

enve

lope

submitted

during

the

examination.

SEC.

20

. Reexamination. -

An

appl

ican

t who

fail

s to pass

the

examination

for

the

third

time

shall

be allowed

to take

another

examination

only

afte

r the

laps

e of o

ne

(1)

year

and

only

after

having

undertaken

a refresher

program

in

a

duly

accr

edit

ed

inst

itut

ion.

The

Board

shall

issu

e gu

idel

ines

on

the

refresher

program

requirement.

SEC.

21.

Oath.

-

All

successful

candidates

in the

examination

shall

be re

quu-

ed to t

ake

their

oath

befo

re

the

Commission,

the

Board

or a

ny

government

offi

cial

authorized

to

administer

oath

s,

prio

r to e

ntering

upon

the

prac

tice of the

agricultural

and

biosystems

engineeruig

prof

essi

on.

SEC.

22. Issuance

of Certificate

of Registration

and

Professional

Identification

Card.

-

(a) A

certificate

of

registration

(COR)

shall be i

ssue

d to t

hose

who

are

regi

ster

ed

afte

r payment

of f

ees

pres

crib

ed

by t

he

Commission.

It

shall

bear

the

signatures

of t

he

Chairperson

of t

lie

Commission

and

of

the

Chairperson

and

members

of t

he

Board,

stamped

with

the

offi

cial

se

al of t

he

Commission

and

of t

he

Board,

certifying

that

the

person

named

therein

is e

ntitled

to t

he

prac

tice of

the

profession,

with

all

the

privileges

appurtenant

thereto.

Until

withdrawn,

revoked

or suspended

in

accordance

with

this

Act,

the

COR

shall

remain

in f

ull

forc

e and

effe

ct.

(b)

A

professional

identification

card

bearing the

registration

number

and

its

validity

and

expiry

date

s duly

signed

by t

he

Chairperson

of t

he

Commission

shall

hkewise

be

issu

ed to e

very

registrant

who

has

paid

the

pres

crib

ed

fees

,

17

and

has

submitted

a ce

rtif

icat

e of m

embersMp

in

good

standing

from

the A

IPO

and p

roof

of completion

of the CPD

requirements.

The

said

ca

rd

shall be r

enewed

every

three (3)

years,

subj

ect

to r

equirement/s

as t

he

Board

may

thereafter

pres

crib

e and

upon

proof

of c

ompl

etio

n of t

he

mandatory

CPD

requirements.

Once

regi

ster

ed,

the

agricultural

and

bios

yste

ms

engi

neer

may

use

Engr.

as t

he

offi

cial

appendage

titl

e.

No

pers

on

shall

prac

tice

agricultural

and

bios

yste

ms

engu

ieer

ing

in

the

country

unless

such

person

has s

ecured

a

Ucense

to

practice

agri

cult

ui'a

l and

bios

yste

ms

engi

neer

ing

in

the

manner

herein

prov

ided

.

SEC.

23. Refusal

to Register.

-

The

Board

shall

not

pgister

any

succ

essf

ul

applicant

for r

egistration

with

or

without

licensure

examination

who

has

been

:

(a)

Convicted

of a

n of

fens

e involving

moral

turpitude by

a court

of c

ompetent

jurisdiction;

(b)

Found

guilty

of i

mmoral or d

ishonorable

conduct

by

the

Board;

(c)

Adjudged

guilty

for v

iolation

of the

General

Instructions

to E

xaminees

by t

he

Board;

(d)

Declared

of u

nsound

mind

by a court

of

competent

juri

sdic

tion

; and

(e)

Proven

to be a

ffli

cted

with

addi

ctio

n to

drug

or

alco

hol

impairing

one's

abiUty

to p

ract

ice

the

profession

through

a

finding

to this

effe

ct

by a

medical

or drug

testing

facility

accr

edit

ed

by t

he

government.

In

refusing

such

registration,

the

Board

shall

give

the

apph

cant a wr

itte

n statement

sett

ing

fort

h the

reas

ons

ther

efor

and

shall

file

a copy

thereof

in

its

reco

rds.

SEC.

24

. Revocation

or Suspension of the Certificate of

Registration

and Cancellation

of Temporary /Special Permit

(TSP).

-

The

Board

shall

have

the

power,

upon

noti

ce

and

18

healing,

to r

evoke

or suspend

the

COR

of a registered

and

lice

nsed

agricultural

and

bios

yste

ms

engi

neer or t

o c

ancel

TSP

granted

to a foreign

agricultural

and

bios

yste

ms

engi

neer

, fo

r th

e same

grounds

enumerated

in

Sect

ion

23 o

f t

liis

Ac

t,

except

paragraph

(c) thereof,

and

any

of t

he

following

grounds:

(a)

Violation of a

ny

provision

of t

his

Act,

implementing

rules

and r

egulations,

Code

of Ethics,

Code

of

Technical

Standards

for the

prac

tice

of agricultural

and

biosystems

engineering,

and

of p

olic

ies

and

regulatory

measures

of the

Board

and/or

the

Commission;

(b)

Perpetration or u

se of

fraud

in

obtaining

his/

lier

COR,

professional

identification

card

, and

TSP;

(c)

Gross

incompetence,

negUgence

or ignorance

in t

he

conduct

of t

he

prof

essi

on

resulting to d

eath,

inju

ry of persons

and/or

damage

to property;

(d)

Unjustified

refusal

to j

oin

or to r

emain

a member

in

good

standing

of t

he

AIPO;

(e)

Unjustified or unexplained

neglect

or f

ailure

to pay

the

annual

registration

fees

for f

ive

(5) c

onse

cuti

ve

years;

(f)

Unjustified

or unexplained

non-renewal

of the

professional

identification

card

after

the l

apse

of five

(5)

cons

ecut

ive

years;

(g)

Aiding

or

abetting

the illegal

practice

of a

non-registered

and

unUcensed

agricultural

and

biosystems

engineer

by, a

mong

others,

allowing

him/her

to use liis/her

COR

and/or

professional

identification

card or h

is/her

TSP;

(h)

Practicing

the

profession

during

his/lier

suspension

from

the

prac

tice

thereof;

and

(i)

Addiction

to a

drug

or alcohol

abuse

impairing

liis

/her

abihty

to p

ract

ice

his/her

profession

or b

eing

decl

ared

of

unsound

mind

by a court

of competent

jurisdiction.

The

Board

shall

peri

odic

ally

evaluate

the

aforementioned

grounds

and

revi

se or a

dd

new

ones

as t

he

need

aris

es

subj

ect

13

to

approval

by the

Commission

in

order

to m

eet

the

trends

and

developments

in

the

prof

essi

on.

SEC.

25. Reissuance

of Revoked COR, Replacement

of

Lost or Damaged COR, Professional

Identification

Card

or

Temporary /Special Permit. -

The

Board

may,

upon

petition,

reinstate

or r

eissue

a revoked

COR

after

two

(2) y

ears

from

the

effectivity

of the

revocation,

which

is r

eckoned

from

the

date of s

m-re

nder of t

he

said

cert

ific

ate

and/

or

the

prof

essi

onal

id

enti

fica

tion

card

to t

he

Board

and/or

the

Commission.

The

Board

may

not

require

the

holder

thereof

to take

another

hcen

sure

examination.

The

petitioner

shall

prov

e to t

he

Boai'd

that

he/she

has v

alid

reasons

to resume

the p

ractice

of

his/

her

prof

essi

on.

For

the

grant

of h

is/lier

petition,

the

Board

shall

issu

e a

Board

Resolution

subj

ect

to approval

by the

Commission.

A du

phca

te

copy

of a

lo

st COR,

prof

essi

onal

identification

card or T

SP

may

be re

issu

ed

in

accordance

with

rules

thereon

and

upon

payment

of t

he

pres

crib

ed

fee t

herefor.

ARTICLE

IV

.PRACTICE

OF AGRICULTURAL

AN

D

/

BIOSYSTEMS

EN

GR

IN

EE

RI

NG

SEC.

26. Vested Right.

-

Automatic

Registration

of

Practicing

Agricultural

and Biosystems

Engineers.

-

All

agri

cult

ural

engineers

who

are

registered

under

Repubhc

Act

No.

8559

at

the

time

this

Act

takes

effe

ct,

shall

automatically

be

registered

as agricultural

and

biosystems

engineers.

SEC.

27. Seal and

Use of Seal. -

(a) Each

registrant

shal

l,

upon

registration,

obtain

a seal

of s

uch

design

as the

Board

may

adopt

and p

rescribe.

Plans

and specifications

prepared

by,

or under

the

dire

ct

supervision

of a

registered

agricultural

and

biosystems

engineer,

shall

be stamped

with

said

seal

during

the

validity of the

professional

lice

nse. No

person

shall

stamp

or seal

any

document

with

the

seal

of a

registrant

after

hisAier

prof

essi

onal

li

cens

e has

expired

or lo

st

its

vahdity

unless

he/she

has

been

reinstated

to t

he

prac

tice

and/or

miless

his/her

hcense

has

been

renewed.

20

(b)

No o

ffic

er or e

mployee

of t

he

government,

chartered

citi

es,

prov

ince

s and

municipalities

now

or h

ereinafter

charged

with

the

enfo

rcem

ent

of laws,

ordi

nanc

es or r

egul

atio

ns relating

to

the

implementation,

construction,

repair,

operation

and

maintenance,

testing

and

evaluation

of agricultural

and

biosystems

buildings,

structures,

machineries

and

equipment,

irri

gati

on,

soil

and

water

conservation

structures

and

other

agri

cult

ural

and

bios

yste

ms

enguieering

faci

liti

es,

shall

accept

or

endorse

any

plans,

desi

gns,

sp

ecif

icat

ions or p

roje

ct

stud

ies

which

have

not

been

prepared

and

submitted

in

full

accord

with

the

provisions

of th

is

Act,

nor

shall

any

payment

be

approved

by any

such

Offi

cer

for a

ny

work,

the

plans

and

spec

ific

atio

ns of w

hich

have

not

been

so p

repared,

sign

ed

and

sealed

by a

duly

registered

agricultural

and

biosystems

engineer.

This

provision

shall

be

implemented

by the

Department

of P

ubUc

Wo

rlcs

and

Highways

(DPWIi)

and

Local

Building

Officials

in t

he

issu

ance

of building

permits

and

cert

ific

ate

of o

ccupancy

under

the

National

Building

Code,

and

by

all

concerned

national

government

entities

and

local

government

units

(LGUs)

in t

he

procurement

and

in the

disc

harg

e of t

heir

regulatory

and

auditing

functions

pertaining

to

agricultural

and b

iosystems

buildings,

structures,

machineries

and e

quipment,

irrigation,

soil

and

water

conservation

structures,

and

other

agricultural

and

bios

yste

ms

engineering

faci

htie

s/pr

ojec

ts.

(c)

No a

gricultural

and

biosystems

engineer

shall

sign

his/

lier

name,

affix

his/her

seal or u

se

any

other

method

of

signature

on

plans,

desi

gns,

sp

ecif

icat

ions or o

ther

documents

made

by or under

another

agricultural

and

biosystems

engineer's

supervision

unless

the

same

is made

in such

manner

as to c

learly

indicate

the

part

of s

uch

work

actually

performed

by h

im/her.

and

no p

erson,

except

the

agricultural

and

biosystems

engineer-in-charge

shall

sign

for

any

branch

of

the

work

or any

function

of agricultural

and

biosystems

engineering

prac

tice

not

actually

performed

by h

im/l

ier.

Tl

ie

agricultural

and

biosystems

engineer-in-charge

shall be

full

y responsible

for a

ll

plans,

desi

gns,

sp

ecif

icat

ions

and

other

documents

issued

under

his/her

seal or a

uthorized

signature.

The

Board

shall

formulate,

adopt

and

promulgate

all

necessary

rules

and

regu

lati

ons

for

the

effe

ctiv

e implementation

of

the

provisions

relating

to the

desi

gn of t

he

seal

, the

signing

and

sealing

of drawings,

reports

and

other

documents

by

agricultural

and

biosystems

engineers.

21

(d)

Drawings,

plans,

designs

and

specifications

duly

sign

ed,

stamped

or s

eale

d as i

nstruments of sendee

are

the

property

and

documents

of t

he

agiicultural

and

biosystems

engineer,

whether

the

proj

ects

fo

r which

they

were

made

is

exec

uted or n

ot.

No

person

without

the

writ

ten

consent

of t

he

agricultural

and

biosystems

engineer

or author

of

said

documents,

shall

duphcate

or

mak

e copies

of s

aid

documents

for

use

in t

he

repetition of a

nd

for

other

proj

ects

, whether

executed

partly

or i

n whole.

(e)

All

drawmgs,

plan

s, sp

ecif

icat

ions

and

other

docu

ment

s and

reports

to be used

for

the

desi

gn,

construction,

test

and

evaluation,

research

and e

xtension

of agricultural

and

biosystems

buildings,

structures,

machhieries

and

equipment,

irri

gati

on,

soil

and

water

conservation

structures

and

other

ifig

ricu

ltur

al

and

bios

yste

ms

engineering

faci

htie

s/pr

ojec

ts

shall

be

sign

ed

and

seal

ed by a li

cens

ed

agricultural

and

bios

yste

ms

engi

neer

.

Violation

of any

of the

foregoing

shall

be ground for

administrative

and/or

criminal

action.

SEC.

28. Indication of License Number and

Professional

Tax

Receipt

Number.

-

The

agricultural

and

biosystems

engineer

s^all

be required

to indicate

his/lier

professional

lice

nse

number,

the

duration

of its

validity,

including

the

prof

essi

onal

tax

rece

ipt

number

on

the

docu

ment

s he

/she

si

gns,

uses

or issues

in c

onnection

with

the

practice

of his/lier

prof

essi

on.

SEC.

29. Firms, Partnerships, Corporations, Cooperatives,

Associations

and Foundations

Engaged in Agricultural

and

Biosystems

Engineering

Practice.

-

A

firm,

partnership,

corporation,

coop

erat

ive,

as

soci

atio

n or f

oundation

may

engage

in

the

prac

tice of a

gricultural

and

biosystems

engineering

in

the

PhJippines:

Provided,

That

it

comphes

with

the

following

requirements:

(a)

The

firm,

partnership,

corporation,

cooperative,

association

or f

oundation

apphes

for

and

is i

ssued

a COR

by

the

Board

and

the

Commission

to e

ngage

in

the

prac

tice of

agricultural

and

biosystems

engineering

in t

he

PhiUppines:

Provided, That

the

me^ority of t

he

partners of t

he

partnersliip

are

registered

and

licensed

agricultural

and

biosystems

engineers:

Provided,

further,

That

the

majority

of

the

22

members

of t

he

board

of d

irec

tors or m

embers

of co

rpor

atio

ns

or co

oper

ativ

es

shall be r

egis

tere

d and

Ucen

sed

agricultural

and

bios

yste

ms

engineers;

and

(b)

The

prac

tice

of the

firm

, partnership,

corporation,

cooperative,

association

or foundation

in a

gricultural

and

bios

yste

ms

engineering

shaU

be carried

out

by d

uly

regi

ster

ed

and

hcensed

agricultural

and

biosystems

engineers.

SEC.

30. Integration

of Agricultural

and

Biosystems

Engineers.

-

The

agricultural

and

biosystems

engineering

prof

essi

on

shaU

be i

ntegrated

into

one

(1)

national

organization

regi

ster

ed

with

the

Secu

riti

es and

Exchange

Commission

which

shal

l be recognized

by t

he

Board

and

the

Commission

as the

one

and o

nly

integrated

and a

ccredited

association

of

agricultural

and

biosystems

engineers.

An agricultural

and

biosystem

engineer

duly

registered

with

the

Board

shall

automatically

become

a

member

of the

integrated and

accr

edit

ed

asso

ciat

ion

of a

gricultural

and

bios

yste

ms

engi

neer

s,

and

shall

rece

ive

the

benefits

and

privileges

appurtenant

thereto

upon

payment

of t

he

required

fees

and

dues

.

Membership

in

the

integrated

and

accr

edit

ed

asso

ciat

ion

shal

l not

be a bar

to membership

in o

ther

asso

ciat

ions of

agricultural

and

biosystems

engineers.

SEC

31.

Foreign Reciprocity.

- No f

oreign

agricultural

and

biosystems

engineer

shall be issued

a temporary

lice

nse

to

practice

the

agricultural

and

biosystems

engineering

profession

or c

onsultancy

thereof

or b

e entitled to a

ny

of the

rights

and

privileges

under

this

Act

unless

the

countrj' of

which

he/s

he is a

su

bjec

t or c

itizen

spec

ific

aUy

permits

FiUpino

agricultural

and

biosystems

engineers

to p

ract

ice

within

its

terr

itor

ial

Umits

on t

he

same

basi

s as t

he

subj

ects or ci

tize

ns

of

such

foreign

State

or country.

SEC.

32. Temporary

/Special

Permits

for

Foreign

Agricultural

and Biosystems

Engineers.

-

The

practice

of

fore

ign

agricultural

and

bios

yste

ms

engi

neer

s in

the

PhiU

ppin

es

shaU

be U

mited to n

atural

persons

only

and

shaU be

gove

rned

by

the

provisions

of R

epubhc

Act

No.

8981,

otherwise

Icnown

as

the

"PRC

Modernization

Act

of 2

000"

: Provided,

That

any

foreign

national

who

has

gained

entry

in

the

Philippines to

perform

prof

essi

onal

se

rric

es as a

n agricultm'al

and

bios

yste

ms

23

engineer

or r

ender

such

services

or p

repare

or p

roduce

such

documents

which

are w

ithin

the s

cope

of practice

of

agricultural

and

biosystems

engineering

as se

t fo

rth

in th

is

Act

such

as,

but

not

Umited

to,

being

a consultant

hi

foreign-

funded

or a

ssis

ted

proj

ect

of t

he

government

or e

mployed

or

engaged

by Fi

lipi

no or foreign

contractors

or private

firm

s,

whether

or not

the

nomenclature

of his/her

profession

is

specifically

called

in h

is/her

country

of nationality as

agricultural

and

biosystems

engi

neer

, but

who

does

not

meet

or wish

to c

ompl

y with

the

requirements

for

admission

to t

ake

the

licensure

examiaiations

shal

l,

before

assuming

the

duties,

functions

and

responsibilities

as a

gricultural

and

biosystems

enguieer

or c

onsultant,

secure

temporary/special

permit

from

the

Board,

subject

to the

approval

of the

Commission

to

prac

tice

his/her

profession

in

connection

with

the

project

to

^whi

ch

he/s

he

was

commissioned:

Provided, further,

That

the

following

conditions

are

sati

sfie

d:

(a)

That

he/s

he is a

citizen

or s

ubje

ct of a country

which

Spec

ific

aUy

permits

Filipino

professionals

to practice

thei

r profession

within

the

terr

itor

ial

Umits

on t

he

same

basi

s as

the

subj

ects

or citizens

of such

foreign

country

or State;

(b)

Tlia

t he

/she is l

egaU

y qu

alif

ied to p

ract

ice

agricultural

and

bios

ys;l

fems

engineering

in

his/lier

own

country,

and

that

his/her

expertise

is necessary

and a

dvantageous

to the

Philippines,

particularly

in

the

aspects

of t

echn

olog

y transfer

and

speciahzation;

and

(c)

That

he/s

he

shaU

be r

equired

to w

ork

with

a Filipmo

counterpart,

a natural

person

who

is a

re

gist

ered

and

Ucen

sed

agri

cult

ural

and

bios

yste

ms

engi

neer

, and

prof

essi

onal

se

rvic

es

fees

and

expenses

of d

ocumentation

pertaining to t

he

proj

ect

shall

be proportionately

shared

by b

oth

foreign

and

Fili

pino

ag

ricu

ltur

al and

bios

yste

ms

engi

neer

s,

including

habiUties

and

taxes

due t

o t

he

PhiUppine

government,

if a

ny,

relative to

his/her

participation

therein, or p

rofe

ssio

nal

services

rendered

to

the p

roject

in accordance

with

established

rules and

regulations.

24

SEC.

33. Positions

in Government and Private

Firms

and

Establishments

with

Agricultural

and

Biosystems

Engineering

Functions.

-

Only

registered

and licensed

agiicultural

and

biosystems

engineers

with

valid

PRC

Ucense

shal

l be a

ppointed

or d

esig

nate

d to a

U po

siti

ons

in

goverimient

and

private

firms

and

establishments

with

agricultural

and

biosystems

engineering

functions

and

responsibilities,

wUich

shall

include,

but

not

be limited

to,

the

foUowing:

(a)

All

levels

of engineer

positions

in t

he

Agricultural

Engineering

or Agricultural and F

ishery

Engineering

and

Forest

Engineering

Bureau/Division/Section/Unit of the

Department

of A

griculture

(DA),

LGUs,

and

in

the

Department

of Agrarian

Reform

(DAR),

the

Department

of E

nvironment

and

Natural

Resources

(DENR)

and

other

concerned

government

enti

ties

whose

duties,

functions

and

resp

onsi

biUt

ies

constitute

the

prac

tice of a

gric

ultu

ral

and

bios

yste

ms

engi

neer

ing

pursuant

to

Section

5 of th

is

Act;

(b)

All

levels

of i

nstructor/professor

positions

in

public

and

private

schools,

colleges

and u

niversities

whose

main

duties

and

functions

involve

the

teachuig

of A

gricultural

and

Biosystems

Engineering

subjects

for A

gricultural

and

Biosystems

Engineering

Degree,

Agriculture/Agribusiness

Degree,

Fisheries

Degree

and o

ther

related

curriculum

or

degrees;

(c)

All

levels

of science

research

specialist/assistant

positions

in

government

and

private

institutions

whose

main

duties

and

functions

involve

research

and

development

and

training

and e

xtension

on agricultural

and

biosystems

engineering;

(d)

Head

or assistant

head,

director

or manager

and

other

executive

positions

of agricultural or agricultural

and

biosystems

or agricultural

and f

isheries

engineering

or

aquaculture

engineering

or forest

engineering

group,

unit

, section,

division,

bureau,

department,

center

and branch

in

all n

ational

government

departments

or

agencies,

government-owned

and -

controlled

corporations,

LGUs

and

colleges

and u

niversities,

private

offi

ces,

firms and

estabUshments;

25

(e)

Head

or a

ssistant

head

, di

rect

or or m

anager

and

othe

r ex

ecut

ive

positions

of a group,

unit

, se

ctio

n,

division,

bureau,

department,

cent

er or

branch

of

any

of t

he

speciaUzed

area

s of

agricultural

and

biosystems

engineering

hi

government

and

private

firm

s,

offi

ces

and

establishments;

(f)

AU

leve

ls of p

lanning

offi

cer,

pr

ojec

t evaluation

offi

cer,

pr

ojec

t development

offi

cer,

development

management

offi

cer,

environmental

management

speciahst

and

technical

audit

sped

aUst

po

siti

ons

in

government

and

private

firm

s and

offi

ces

that

deal

with

, or undertake

any

of t

he

speciaUzed

areas

of

agri

cult

ural

and

biosystems

engineermg

or i

ts

mam

functions

and

responsibilities

which

involve

the p

lanning,

project

development,

evaluation,

insp

ecti

on,

monitoring

and

technical

audit

of a

gricultural

and

biosystems

infi

-ast

ruct

ure,

facilities,

^nachineries

and p

rocesses

and o

ther

agricultural

and

bioystems

enguieering

faci

Utie

s;

and

(g)

AU

professional

and

sub-

prof

essi

onal

positions

either

supervisory

or n

on-supervisory

and

care

er

exec

utiv

e positions

in

government,

and a

ll

other

positions

in p

rivate

firms,

estabhshments

and

enterprises

whose

duties,

functions

and

responsibiUties

mainly

constitute

the

prac

tice of agricultural

and

bios

yste

ms

engineering.

Moreover,

registered

and l

icensed

agricultural

and

biosystems

engineers

may

also

qualify

for

appointment

in

aU

posi

tion

s m government

and

private

fh*m

s and

establishments

whose

duties

and

functions

partly

constitute

the

practice

of

agri

cult

m'al

and

biosystems

engineering.

Tlii

s include,

among

others,

Provincial/City/Municipal

Engineer,

Agriculturist,

Building

Offi

cial

, Envu'onment

and

Natural

Resources

Of&c

er,

and

Planning

and

Development

Offi

cer

of t

he

LGUs,

subj

ect

to the

cand

idat

e's

compUance

with

the

rest of t

he

requirements

imposed

by the

law

or issuance

creating

the

said

positions.

SEC.

34

. Personnel Required. -

(a)

All

concerned

national

government

agencies,

LGUs

and S

UCs

implementing,

regulating,

funding

and

undertalcing

research,

development,

training

and

extension,

testing,

evaluation

and

inspection

as

weU

as t

echnical

audit

of i

rrig

atio

n,

farm

mechanization,

post

harvest

and agro-processing

facilities,

agricultural

and

biosystems

infrastructures,

farm-to-market

roads,

agro

-met

eoro

logy

, fo

rest

mechanization

development

programs,

26

and

environmental protection

and

conservation

programs

and

proj

ects

sh

all

employ

the

requ

h-ed

number

of a

giic

ultu

ral

and

bios

yste

ms

engi

neer

s,

and

for

this

pm

"pos

e, cr

eate

various

leve

ls

of

agricultural

and

biosystems

engineer

positions;

(b)

All

agricultural

and b

iosystems

engineering

faci

liti

es/p

roje

cts

supervised

and

maintained or a

ccre

dite

d by

the

government

such

as grain/agro-processing

complex,

slaughterhouse,

communal

and

national

irri

gati

on

system,

agricultural

machinery

and

equipment

serv

ice

centers,

and

testing

and

evaluation

centers

must

have

at least

one (1)

registered

and

Hcen

sed

agri

cult

ural

and

biosystems

engineer;

(c)

Firms,

companies,

partnerships,

cooperatives

or

asso

ciat

ions

which

are

engaged

in

the

inst

alla

tion

, fabrication,

manufactwe,

dist

ribu

tion or s

ale

of a

gric

ultu

ral

and

bios

yste

ms

machinery

and

equipment,

faci

liti

es a

nd

other

agricultm'al

and

biosystems

engineering

processes,

shall

hire or engage

the

serv

ices of a

t least

one

(1)

hcensed

agri

cult

ural

and

bios

yste

ms

engineer;

(d)

All

cont

ract

ors

of i

rrig

atio

n,

farm-to-market

road

s and

agri

cult

ui'a

l and

biosystems

structures

and

faci

htie

s sh

all

have

at

Leas

t one (L) r

egistered

and

licensed

agricultural

and

biosystems

engineer

as part

of their

sustaining

technical

employees;

and

(e)

The

following

offi

ces

and

establishments

shall

also

employ

or engage

the

services

of at least

one (1) or the

required

number

of r

egistered

and

Ucen

sed

agricultural

and

biosystems

engineers:

(1)

Agro

-pro

cess

ing

estabUshments

such

as r

ice

miUs,

feed

mi

lls,

sugar

mill

s, coconut

oil

mUls,

fibe

r extraction

proc

essi

ng

plants,

meat

proc

essi

ng

plants,

fish

pr

oces

sing

plants,

poultry

and

meat

processing

plants,

food

processing

plants and

agricultural

and

fishery

products

storage

facilities;

(2)

Agro-uidustrial

fh'ms

or e

stabUshments,

corporations

and

cooperatives

and g

overnment

entities

engaged

in

agricultural,

livestock,

poultry

and

fishery

production

and

processing,

the o

peration

and

maintenance

of plant/forest

nurseries

and

parks,

and

other

agricultural

and

biosystems

engineering

endeavors;

27

(3)

Financing

and b

anking

institutions

engaged

in

providing

credit

and

financial

assi

stan

ce

on

agiibusinesses

which

are c

ommercial

in n

ature

such

as ir

riga

tion

, post

harvest

faci

Utie

s, ag

ro-p

roce

ssin

g and

stor

age,

fo

rest

products,

aquaculture,

food

and f

iber

production

facilities and

machineries;

and

(4)

Consultancy

firms,

foundations,

nongovernment

organizations

and o

ther

organized

groups

engaged

in

providing

agricultural

and

biosystems

engineering

services

relative

to management

and

consultancy,

training and

extension,

research

and

development

and/or

the

provision of

irrigation,

post

harvest

facilities,

agro-processing

and

stor

age,

fo

rest

pr

oduc

ts,

aquaculture,

food

and

fibe

r production

facihties

and

macluneries

and

soil

and

water

conservation.

Provided,

That

there

shaU

be no understaffuig

and/or

overloaduig

of a

gric

ultv

u-al

and

biosystems

engi

neer

s. The

rati

o of

agricultural

and

biosystems

engineers

to c

lientele

shaU be

such

as to r

easonably

effe

ct a sustained

quality of ag

ricu

ltur

al

and

biosystems

engineering

services

at all

times

without

overworking

the

agricultural

and

biosystems

engineers.

The

Board

shal

l promulgate

guid

eUne

s and

standards on

the

require^

manpower

complement

of agricultural

and

biosystems

engineers

in

concerned

public

and

private

offi

ces

and

estabhshments.

SEC.

35. National Career Progression and

Specialization

Program.

-

There

shall

be an i

nstitutionalized

national

agri

cult

ural

and

biosystems

engineering

care

er

prog

ress

ion

and

specialization

program

to be formulated

by the

Board

in

cons

xilt

atio

n with

the

AIPO,

Civi

l Service

Commission

and

concerned

government

agencies:

Provided,

That

any

agricultural

and

biosystems

engineer

befo

re

being

aUowed

to

work

in

specialty

areas

to p

erform

beyond

generahst

function

or

have

spec

ific

sp

ecia

ltie

s,

must

finish

the

formal

education

or

trai

ning

towards

speciahzation,

possess

reco

gniz

ed

prac

tice

competencies

and

must

be certified

by the

Board

and

must

be a

member

of a relevant

and

accr

edit

ed

agricultural

and

biosystems

specialty

organization:

Provided,

further,

That

agricultural and b

iosystems

engineering

specialty

organizations

shall

be r

ecognized

and

certified by t

he

Board.

28

The

Agricultural

and Biosystems

Engineering

Specialization

shall

include,

but

not

limited

to,

the

following:

(a)

Agricultural

and

Biosystems

Power

and

Machinery;

(b)

Irrigation

and

Dramage

Engineering;

(c)

Soil

and

Water

Conservation

Engineering;

(d)

Agri

cult

ural

and

Biosystems

Buildings

and

Structures;

(e)

Agricultural

and

Bio-process

Engineering;

(1)

Food

Engineering;

(g)

Renewable/Bio-Energy

and

Farm

Electrification;

(h)

Agricultural

and

Biological

Waste

Management;

(i)

Aquacultural

Engineering;

(j)

Forest

Engineering;

(k)

Agricultural

and B

iosystems

Automation and

Instrumentation;

(1)

Agricultural

and

Bio-Information

System;

(m)

Agrometeorology;

and

(n)

Agiicultural

and

Biol

ogic

al Resource

Conservation

and

Management.

SEC.

36. Code of Technical

Standards.

-

The

existing

Philippine

Agri

cult

ural

Engineeiing

Standards

(PAES)

shall be

transformed

into

a Philippine

Agricultural

and

Biosystems

Engineering

Standards

(PABES)

and

shall

serv

e as Code of

Technical

Standards

of a

ll

regi

ster

ed

and

Hcensed

agricultural

and

biosystems

engineers

in

the

prac

tice of t

heir

profession.

Tlie

Board,

in

collaboration

with

the

AIPO

of a

gric

ultu

ral

and

biosystems

engineers,

the D

A,

the D

epartment

of Science

and

Technology

(DOST),

the D

ENR

and o

ther

concerned

government

agencies

and

private

organizations,

shall

develop

new

standards

and

update

the

existing

standards

under

the

PABES.

29

ARTICLE

V

AGRICULTURAL

AN

D BIOSYSTEMS

EN

GI

NE

ER

IN

G

ED

UC

AT

IO

N A

ND

CONTINUING

PROFESSIONAL

ED

UC

AT

IO

N/

DE

VE

LO

PM

EN

T

SEC.

37

. Curriculum

Development and Updating. -

The

CHED,

in c

onsultation

with

the B

oard

and t

he

industry

stakeholders

and c

oncerned

SUCs,

shall

develop and

continuously

update

the A

gricultural

and

Biosystems

Engineering

Curriculum

in a

ccordance

with

required

competencies

on the

prac

tice of t

he

prof

essi

on

pres

crib

ed

under

tlii

s Act,

in o

rder

to a

Ugn

with

international

standards

of

agri

cult

ural

and

bios

yste

ms

engineering

educ

atio

n and

prac

tice

, and

to b

ecome

responsive

to t

he

industry

requirements.

The

Technical

Education

and S

kills

Development

Authority

(TESDA)

shall

hkewise

include

in

its

program,

the

development

and

promulgation of c

ompetency

standards

and

training

programs

and r

egulations

for a

gricultural

and

biosystems

engineering

technicians

and

operators.

SEC.

38

. Rationali^tion

and Upgrading Pi-ogram. -

The

CHED

in

collaboration

with

the

Board,

the

DA,

the

DENR,

the

DOST^

the T

ESDA,

the c

oncerned

SUCs

and the

Department

of E

ducation

(Dep

Ed)

and

in

consultation

with

the

industry

stakeholders,

shall

formulate

and i

mplement

a

rationalization

and

upgrading

program

on a

gricultural

and

biosystems

engineering

education

in

the

country

with

the

end

view

of upgrading

and m

odernizing

school

facilities and

equipment,

faculty

development

and t

rain

ing,

provision of

scho

lars

hips

, de

velo

ping

la

dder

ized

program

on

agri

cult

ui'a

l and

biosystems

engineeruig

and

other

developmental

undertaldngs

to

produce

glob

ally

competitive

agricultural

and

biosystems

engineering

grad

uate

s,

prof

essi

onal

s,

tech

nici

ans

and

oper

ator

s.

In

line

with

this,

all

concerned

Higher

Education

Institutions

(HEIs)

shall

formulate

and i

mplement

their

Agricultural

and B

iosystems

Engineering

Education

Comp

etit

iven

ess

Road

Map

as p

art

of t

he

PhiH

ppin

e Agricultm'al

and

Biosystems

Engineering

Prof

essi

on Development

Plan/Road

Map

and

shall

serv

e as one of t

he

basis

in t

he

provision of

grants

from

the

government

for

the

upgrading

program.

30

SEC.

39.

Career Guidance and Advocacy. -

The

Board

and

the

Commission,

in c

ollaboration

with

the

DOLE,

the

Philippine

Overseas

Employment

Administration,

the

CHED,

the

DepEd,

the

DA, the

DENR,

the

Department

of T

rade

and

Industry,

the

AIPO

and

other

concerned

government

agencies

and

private

organizations,

shall

formulate

and

implement

a

Career

Guidance

and

Advocacy

Program

on

Agricultural

and

Biosj^stems

Engineering.

The

Program

shall

include the

conduct

of r

esearch

studies

on t

he

supply

and

demand

and

qualifications

of t

he

agricultural and

biosystems

engineering

prof

essi

on,

both

loca

l and

abro

ad,

employment

promotion

and

entrepreneurs

hip

assistance

for F

ilipino

agricultural and

biosystems

engineers,

and

integration

of the

practical

appl

icat

ion

of a

gricultural and

bios

yste

ms

engineering

in

basic

educ

atio

n.

SEC.

40. Continuing Professional Development (CPD).

-Th

e Board

and

the

Commission,

in c

onsultation

with

the

academe,

AIPO,

concerned

government

agencies

and

stakeholders,

shall

pres

crib

e gu

idel

ines in

the

implementation

of

the

CPD

programs

for a

gricultural

and

biosystems

engineers.

The

CPD for e

very

agricultural

and

biosystems

engineer

registered

under

the

PRC

is h

ereby

made

mandatory

for

the

prac

tice of

the

prof

essi

on.

The

CPD

cred

it units

earned

by

the

professional

shall

be

required

in t

he

renewal

of

prof

essi

onal

Hc

ense and

accr

edit

atio

n sy

stem

s for

advance

level

of

prac

tice

and

for

ASEAN

Chartered

Professional

Engineers,

Asia

-Pac

ific

Economic

Coop

erat

ion

(APEC)

Engineers

and

other

international

accr

edit

atio

ns.

The

CPD

credit

units

earned

by an a

gricultural and

biosystems

engineer

shall

likewise be applied

as t

he

traming

requirement

for

promotion

for

posi

tion

s in

government

agencies

and

private

firms

and

for t

eaching

positions

in academic

inst

itut

ions

, and

shall be a

ccumulated

subj

ect

to

cred

it transfer

under

the

Pathways

and

Equivalencies

of the

Philippine

Qualification

Framework.

31

ARTICLE

VI

EN

FO

RC

EM

EN

T OF T

HIS

AC

T A

ND

PE

NA

L PROVISIONS

SEC.

41. Enforcement.

-

It

shall

be the

primary

duty

of the

Commission

and

the

Board

to

effe

ctiv

ely

implement and

enforce

the

provisions

of t

his

Act

and

its

implementing

rules

and

regulations,

conduct

investigations

on

complaints

including

viol

atio

ns of t

he

Code

of E

thics

and

Professional

Standards of

the

profession

and

prosecute

the

same

when

so warraiited.

Furthermore,

all

duly

constituted

law

enforcement

agencies

and

offi

ces

of n

ational,

provincial,

city or m

unicipal

government,

or o

f a

ny

poHt

ical

subdivision

ther

eof,

sh

all,

upon

the

call

or r

equest

of t

he

Board

or the

Commission,

render

Assistance

in e

nforcing

the

provisions

of this

Act and

prosecute

any

person

violatmg

the

prov

isio

ns of t

he

same.

Any

person

may

bring

before

the

Commission,

Board,

or t

he

aforementioned

offi

cers of t

he

law,

cases

of i

llegal

prac

tice or

violations

of t

his

Act

committed

by any

person

or party.

The

Board

shall

assist

the

Commission

in f

ilin

g the

appropriate

charges

through

the

concerned

prosecution

offi

ce

in

accordance

with

law

and

Rules

of Court.

SE

C 42. Penalties.

— In

addition

to t

he

administrative

sanc

tion

s imposed

under

this

Ac

t, any

person

who

viol

ates any

of the

provisions

of t

liis

Ac

t, or a

ny

of

the

following

acts

sh

all,

upon

conviction,

be penalized

by a fine

of n

ot

less

than

one

hundred

thousand

pesos

(PlO

O.OO

O.OO

) but not

more

than

five

hundred

thousand

pesos

(P500,000.00),

or i

mprisonment of not

less

than

six

(6)

months

but

not

more

than

five

(5)

years, or

both

fine

and

imprisonment,

at t

he

discretion

of the

court:

(a)

Engaging

in the practice

of agricultural and

biosystems

engineering

in the Philippines

without

being

regi

ster

ed or w

ithout

conforming

to

the p

rovisions

of t

his Act;

(b)

Presenting

or a

ttempting to use as hi

s/he

r own

the

COR

and/

or pr

ofes

sion

al

iden

tifi

cati

on c

ard

of a

nother

regi

ster

ed

agricultural

and

biosystems

engineer

or a holder

of a TSP;

32

(c)

Giving

any

fals

e or f

orge

d evidence

of a

ny

Idii

d ix

i the

Board,

or impersonating

any

registered

agricultural

and

bios

yste

ms

engi

neer

or a ho

lder

of a

TSP;

(d)

Using

a re

voke

d or s

uspended

COR;

or a

n ex

pire

d or

unrenewed

prof

essi

onal

identification

cai'

d or TSP;

(e)

Using

in

conn

ecti

on

with

his/

her

name

or

otherwise

assu

ming

, using

or a

dvertishig

any

titl

e or d

escr

ipti

on

tending

to

convey

the

impression

that

he/s

he

is an a

gricultural

and

biosystems

engineer

without

holding

a

valid

COR

and

prof

essi

onal

identification

card or a valid

TSP;

(f)

Implementing

or c

ausi

ng

the

implementation

of any

plan

s,

desi

gns,

te

chni

cal

spec

ific

atio

ns

and

othe

r do

cume

nts

not

prepared

and s

igned

by a

registered

agricultural and

bios

yste

ms

engi

neer

in

thos

e cases

where

this

Act

spec

ific

ally

requires

that

thes

e be prepared

and

sign

ed

by a

registered

agricultural

and

bios

yste

ms

engi

neer

; and

(g)

Violating

any

of t

he

prov

isio

ns

of t

his

Act

and

the

rules

and

regulations

ther

eof.

In

case

the o

ffender

is a

corporation,

partnership,

asso

ciat

ion,

foundation

or juridical

pers

on,

the

penalty

of

imprisonment

shall

be imposed

on the

agricultural

and

bios

yste

ms

engi

neer

-in-

char

ge

jointly

and

soUd

aril

y with

the

resp

onsi

ble

prof

essi

onal

s,

as w

ell

as t

he

cont

rolU

ng

offi

cer

or

offi

cers

thereof

responsible

for p

ermitting

or causing

the

viol

atio

n.

ARTICLE

VII

TRANSITORY

AN

D F

IN

AL

PROVISIONS

SEC.

43. Transitory

Provision.

-

The

incumbent

Chairperson

and

members

of t

he

Board

shall,

in

an interim

capa

city

, continue

to carry

out

their

functions

under

the

provisions

of t

his

Act

without

need

for

new

appointments

as

Chairperson

and m

embers

thereof

unti

l the f

irst

Board,

created

under

this

Act,

shall

have

been

constituted

or

organized

piu;suant

thereto.

33

SE

C 44

. Implementing

Rules a-nd Regulations.

-

Subject

to

the

appr

oval of t

he

Commission,

the

Board

shall

adop

t and

promulgate

such

rules

and

regulations

to carry

out the

prov

isio

ns of t

his

Act,

which

shaU be ef

fect

ive

afte

r sixty

(60)

days

following

its

publication

in

the

Official Gazette or in a

major

daily

newspaper

of g

eneral

circulation

in

the

country.

SEC.

45

- Separability

Clause. -

If

any

clau

se,

provision,

paragraph

or p

art

here

of

shall be de

clar

ed

unconstitutional or

inva

lid,

su

ch

judgment

shall

not

affe

ct,

invalidate

or impair

any

other

part

here

of,

but

such

judgment

shall

be

merely

conf

ined

to t

he

clau

se,

provision,

paragraph

or part

directly

involved

in

the

cont

rove

rsy

in

which

such

judgment

has

been

rend

ered

.

/.

SE

C 46

. Repealing Clause. -

All

laws

, decrees,

exec

utiv

e or

ders

and

other

administrative

issuances

and

parts

thereof

which

are

inconsistent

with

the

provisions

of this

Act are

here

by

modified

and/

or

superseded.

Repu

blic

Act

No.

8559

is

here

by

expr

essl

y re

peal

ed.

SEC.

47. Effectivity.

-

This

Act

shaU

take

effe

ct

after

fifteen

(15)

days

followmg

its

pubh

cati

on

in

the

Official Gazette

or in a

major

daily

newspaper

of g

eneral

circulation

in the

Phil

ippi

nes^

^ whichever

comes

fu's

t.

Appr

oved

,

FE

LI

CI

AN

O B

EL

MO

NT

E IR.

Speaker of (he House

of Representatives

JK

LI

N^

M.

DR

IL

ON

iPn

sident of the Senate

34

T h i s A c t w a s p a s s e d b y t h e S e n a t e o f t h e P h i l i p p i n e s a s S e n a t e B i l l N o . 2 4 3 4 o n F e b r u a r y 1 6 , 2 0 1 6 a n d a d o p t e d b y t h e H o u s e o f R e p r e s e n t a t i v e s a s a n a m e n d m e n t t o H o u s e B i l l N o . 6 4 2 1 o n M a y 2 3 , 2 0 1 6 .

M A R i L Y N e. B A R I M - Y A P O S C A R G T T A B E S

Secretary General Secretary of the Senate House of Representatives

Approved:

BENIGNO S. AQUINO III President of the Philippines

Lapsed into t a w ^ 2 1 2918

W^bout S-ie signature of ^eSV^sident

?n accordance with Articie V I . Section

27 (1) of the Con^tilutiori.