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Republic Act No. 8559.
REPUBLIC
ACT NO. 8559
AN
ACT
REGULATING THE
PRACTICE OF AGRICULTURAL ENGINEERING IN THE PHILIPPINES.
ARTICLE ITITLE AND
STATEMENT
OF POLICY
Section 1. Title. —
This
Act shall be known as the "Philippine Agricultural Engineering Act
of
1998."
Sec. 2. Statement
of policy. — It is hereby declared a policy of the State to
promote
and upgrade the practice of agricultural engineering profession in the
Philippines by instituting measures that will result in relevant
agricultural
engineering education and better career prospects for professional
agricultural
engineers.
Likewise, the State
hereby
guarantees the delivery of basic and technical services to accelerate
agricultural
modernization through adequate and well trained professional
agricultural
engineers throughout the country.
ARTICLE
IIDEFINITION
OF TERMS
Sec. 3. Definition
of terms. — As used in this Act, the following terms shall mean:
(a) Practice of
agricultural
engineering — shall refer to the profession requiring the
application
of the fundamental and known principles of engineering to the peculiar
condition and requirements of agriculture as an industry and as a field
of science, and shall include, but not limited to, the following:cralaw:red
(1)
Consultation,
valuation,
investigation and management services on agricultural engineering;
(2) Management or
supervision
and the preparation of engineering designs, plans, specifications,
project
studies and estimates for agricultural, aquaculture and fishery, and
forest
product machinery, agricultural buildings and structures, farm
electrification
and energy systems, agricultural processing equipment, irrigation and
soils
conservation systems and facilities, agricultural waste utilization
systems
and facilities;
(3) Conducting
research
and development, training and extension work, and consultancy services
on agricultural engineering facilities/services, system and
technologies;
(4) Testing,
evaluation
and inspection of agricultural, fishery and forest product machinery
and
other related agricultural engineering facilities and equipment;
(5) Management,
manufacturing
and/or marketing of agricultural machinery and other related
agricultural
engineering facilities and equipment;
(6) Teaching,
agricultural
engineering subjects in institution of learning in the Philippines;
(7) Employment with
the
government provided such item or position requires the knowledge and
expertise
of an agricultural engineer.
(b) Agricultural engineer
— An agricultural engineer is a natural person who has been issued a
certificate
of registration by the Board of Agricultural Engineering and has taken
the oath of profession of agricultural engineers.
ARTICLE
IIIBOARD OF
AGRICULTURAL
ENGINEERING
Sec. 4. Creation
and
composition of the board. — There is hereby created a Board of
Agricultural
Engineering, hereinafter called the Board, to be composed of a chairman
and two (2) members to be appointed by the President of the Philippines
from a list of three (3) recommendees for each position, chosen and
ranked
in the order of preference and submitted by the duly accredited
association
of agricultural engineers in the Philippines.
The Board shall be
organized
not later than six (6) months from the effectivity of this Act.
Sec. 5. Qualifications
of members of the board. — A member of the Board shall, at the time
of their appointment, possess the following qualifications:cralaw:red
(a) Must be
a
natural-born
citizen and resident of the Philippines;
(b) Must be at least
thirty-five
(35) years of age;
(c) Must be a holder
of
Bachelor's Degree in Agricultural Engineering or its equivalent,
conferred
by a school, academy, college or university in the Philippines or
abroad
that is accredited by the Commission on Higher Education (CHED);
(d) A registered
agricultural
engineer with a valid professional license and an active practitioner
for
not less than ten (10) years prior to his appointment;
(e) Must not, for a
period
of three (3) consecutive years prior to the appointment, be a member of
the faculty of, directly or indirectly, in any school, academy,
institute,
college or university where a regular course in agricultural
engineering
is being taught, nor have any pecuniary interest in or administrative
supervision
over any such institutions of learning;
(f) Must not, for a
period
of three (3) consecutive years prior to the appointment, be connected
with
a review center or any group or association where review classes or
lectures
in preparation for the licensure examination are offered or conducted
at
the time of appointment; and
(g) Has never been
convicted
of any offense involving moral turpitude.
Sec. 6. Term of office.
— The members of the Board shall hold office for a term of three (3)
years
and until their successors shall have been appointed and qualified. Of
the members first appointed under this Act, one (1) member shall be
appointed
and hold office for three (3) years; one (1) member for two (2) years;
and one (1) member for one (1) year.
The chairman or a
member
of the Board may be reappointed for another term but in no case shall
he
shall serve continuously for more than six (6) years. Each member of
the
Board shall qualify by taking the proper oath of office prior to
entering
upon the performance of duty.
Sec. 7. Compensation
and allowances of the board. — The chairman and members of the
Board
shall receive compensation and allowances comparable to the
compensation
and allowances being received by the chairmen and members of existing
regulatory
boards with the Professional Regulation Commission, hereinafter
referred
to as the Commission as provided for in the General Appropriations Act.
Sec. 8. Vacancy and
removal of board members. — Any vacancy occurring in the Board
within
the term of a member shall be filled for the unexpired portion of the
term
only.
The President may
remove
any member of the Board on the following grounds:cralaw:red
(a) Neglect
of duty;
(b) Violation or
tolerance
of the violation of this Act or the Code of Ethics for agricultural
engineering;
(c) Final judgment of
crimes
involving moral turpitude.
The member concerned shall be
given due notice and hearing where his right to be heard and to defend
himself, assisted by counsel, shall be respected in the proper
administrative
investigation.
Sec. 9. Powers and
duties of the Board. — The Board shall exercise the following
specific
powers, functions and duties:cralaw:red
(a) To
promulgate and
adopt
the rules and regulations necessary for carrying out the provisions of
this Act;
(b) To supervise the
registration,
licensure and practice of professional agricultural engineers in the
Philippines;
(c) To administer
oaths
of successful examinees entering the practice of agricultural
engineering;
(d) To issue the
certificate
of registration to successful examinees;
(e) To issue, suspend
or
revoke the license for the practice of agricultural engineering
profession;
(f) To adopt an
official
seal of the Board;
(g) To look into the
conditions
affecting the practice of the agricultural engineering profession and
whenever
necessary, adopt such measures as may be deemed proper for the
enhancement
and maintenance of high professional and ethical standards of the
profession;
(h) To prescribe
and/or
adopt a Code of Ethical and Professional Standards for the practice of
agricultural engineering profession.
(i) To hear and try
administrative
cases involving violations of this Act, its implementing rules and
regulations,
the Code of Ethics for Professional Agricultural Engineers and for this
purpose, to issue subpoena and subpoena duces tecum to secure the
appearance
of witnesses and the production of documents in connection therewith;
(j) Prescribe
guidelines
in the Continuing Professional Education (CPE) program in coordination
with the accredited association for professional agricultural engineers;
(k) To insure, in
coordination
with the Commission on Higher Education (CHED), that all educational
institutions
offering agriculture engineering education comply with the policies,
standards
and requirements of the course prescribed by CHED in the areas of
curriculum,
faculty, library and facilities;
(l) To discharge such
other
duties and functions as may be deemed necessary for the enhancement of
the agricultural engineering profession and the upgrading, development
and growth of agricultural engineering education in the Philippines;
(m) To prepare,
adopt,
issue
or amend the syllabi of the subjects for examinations;
(n) To approve,
issue,
limit
or revoke temporary license to practice agricultural engineering.
All policies, resolutions,
rules
and regulations of the Board shall be subject to the review and
approval
of the Commission.
Sec. 10. Supervision
of the Board; custodian of its records, secretariat and support
services.
— The Board shall be under the administrative supervision and of the
Commission.
All records of the Board, including applications for examination,
examination
papers and results, minutes of deliberation, administrative cases and
other
investigations involving agricultural engineers shall be kept by the
Commission.
The Commission shall
designate
the Secretary of the Board and shall provide the secretariat and other
support services to implement the provisions of this Act.
Sec. 11. Annual
report.
— The Board shall, at the close of each calendar year, submit an
annual
report to the President through the Professional Regulatory 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
agricultural
engineering in the Philippines.
ARTICLE
IVEXAMINATION
,
REGISTRATION
AND LICENSE Sec. 12. Examination
required.
— All applicants for registration for the practice of agricultural
engineering
shall be required to undergo and pass a written technical examination
as
provided for in this Act.
Sec. 13. Qualification
of an applicant for examinations. — Every applicant for the
examination
for agricultural engineers shall establish the following:cralaw:red
(a) Be a
citizen of the
Philippines;
(b) Be a graduate of
Bachelor
of Science in Agricultural Engineering or its equivalent in a school,
academy,
institute, college or university duly recognized by the CHED.
Sec. 14. Fraudulent
application.
— The Board may suspend or revoke any certificate of registration
obtained
through misrepresentation made in the application for examination.
Sec. 15. Scope of
examination. — The examination for agricultural engineering shall
basically
cover the following subjects:cralaw:red
(1)
Agricultural
mechanization,
power, machinery and equipment;
(2) Soil and water
conservation,
irrigation and drainage; and
(3) Rural
electrification,
agricultural processing and agricultural structures.
The said subjects and their
syllabi may be amended by the Board so as to conform to technological
changes
brought about by continuing trends in the profession.
Sec. 16. Rating in
the Board Examinations. — To be qualified as having passed the
Board
examination for agricultural engineers, a candidate must obtain a
weighted
general average of seventy percent (70%), with no grades lower than
fifty-five
percent (55%) in any given subject. However, an examinee who obtains a
weighted general average rating of seventy percent (70%) or higher but
obtains a rating below fifty-five percent (55%) in any given subject
must
take the examination in the subject or subjects where he obtained a
grade
below fifty-five percent (55%).
Sec. 17. Report of
ratings. — The Board shall submit to the Commission the ratings
obtained
by each candidate within twenty (20) days after the examination, unless
extended for just cause. Upon the release of the results of the
examination,
the Board shall send by mail the rating received by each examinee at
his
given address using the mailing envelope submitted during the
examination.
Sec. 18. Re-examination.
— An applicant who fails to pass the examination for the third time
shall
be allowed to take another examination only after the lapse of one (1)
year.
Sec. 19. Oath.
— All successful candidates in the examination shall be required to
take
their oath before the Board or any government official authorized to
administer
oaths, prior to entering upon the practice of the agricultural
engineering
profession.
Sec. 20. Certificate
of registration and professional license. — A certificate of
registration
shall be issued to applicants who pass the examination for agricultural
engineers subject to payment of registration fees.
The certificate of
registration
of a professional agricultural engineer shall bear the signatures of
the
chairman of the Board and of the chairman of the Professional
Regulation
Commission and stamped with the official seal of the Board indicating
that
the person named therein is a registered agricultural engineer.
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
upon payment of the professional fee. No person shall practice
agricultural
engineering in this country unless such person has secured a license to
practice agricultural engineering in the manner herein provided. A
licensee
is entitled to practice agricultural engineering in the manner herein
provided.
A licensee is entitled to practice the profession with all the
privileges
appurtenant thereto until the expiration of the validity of his license.
Sec. 21. Seal and
use of seal. — (a) Each registrant shall upon registration, obtain
the seal of such design as the Board of Agricultural Engineering may
adopt.
Plans and specifications prepared by, or under the direct supervision
of
a registered agricultural engineer, shall be stamped with said seal
during
the validity of the professional license. No person shall stamp or seal
any document with the seal of a registrant after his professional
license
has expired or lost its validity unless he has been reinstated to the
practice
and/or unless his license has been renewed.
(b) No officer or
employee
of the government, chartered cities, provinces and municipalities now
or
hereafter charged with the enforcement of laws, ordinances or
regulations
relating to the construction or alteration of agricultural structures,
machineries and equipment, processes and systems shall accept or
endorse
any plans or specifications which have not been prepared and submitted
in full accord with the provisions of this Act, nor shall any payment
be
approved by any such officer for any work, the plans and specifications
of which have not been so prepared, signed and sealed by a duly
registered
agricultural engineer.
(c) No agricultural
engineer
shall sign his name, affix his seal or use any other method of
signature
of plans, specifications or other documents made by or under another
agricultural
engineer's supervision unless the same is made in such manner as to
clearly
indicate the part of such work actually performed by him, and no
person,
except the agricultural engineer in charge shall sign for any branch of
the work or any function of agricultural engineering practice not
actually
performed by him. The agricultural engineer in charge shall be fully
responsible
for all plans, specifications and other documents issued under his seal
or authorized signature.
The Board shall
formulate,
adopt and promulgate all necessary rules and regulations for the
effective
implementation of the provisions relating to the design of the seal,
the
signing and sealing of drawings, reports and other documents by
agricultural
engineers.
(d) Drawings and
specifications
duly signed, stamped or sealed as instruments of service are the
property
and documents of the agricultural engineer, whether the projects for
which
they were made is executed or not. No person, without the written
consent
of the agricultural engineer or author of said documents, shall
duplicate
or make copies of said documents for use in the repetition of and for
other
projects or buildings, whether executed partly or in whole.
(e) All drawings,
specifications
and other documents to be used for the design, construction, test and
evaluation
of agricultural structures, machineries, equipments, processes and
systems
shall be signed and sealed by a licensed agricultural engineer.
Violation of any of the
foregoing shall be ground for administrative and/or criminal action.
Sec. 22. Indication
of license and professional tax receipt. — The agricultural
engineer
shall be required to indicate his Professional License Number, the
duration
of validity, including the professional tax receipt number on the
documents
he signs, uses or issues in connection with the practice of his
profession.
Sec. 23. Grounds
for
suspension and revocation of license, cancellation of temporary/special
permit. — The Board shall have the power, upon due notice and
hearing,
to revoke or suspend the license of an agricultural engineer, or to
cancel
a temporary/ special permit for any cause specified in the preceding
Sec.s,
including, but not limited to, the use or perpetuation of any fraud or
deceit in obtaining a certificate of registration, or for incompetence,
negligence or for abetting the illegal practice of agricultural
engineering;
violation of the provisions of this Act, its implementing rules and
regulations
and/or violations of the policies of the Board including the Code of
Ethics
and Professional Standard for agricultural engineers: Provided,
however,
That such action of the Board shall be subject to appeal to the
Commission
within fifteen (15) days from written notice.
ARTICLE VPRACTICE
OF
AGRICULTURAL
ENGINEERING
Sec. 24. Vested
rights:
automatic registration of practicing agricultural engineers. — All
practicing agricultural engineers who are registered at the time this
Act
takes effect, shall automatically be registered.
Sec. 25. Practice
not allowed for firms and corporations. — The practice of
agricultural
engineering is a professional service, admission to which shall be
determined
upon the basis of an individual's personal qualifications.
No firm, company,
partnership,
association or corporation may be registered or licensed as such for
the
practice of agricultural engineering: Provided, however, That persons
properly
registered and licensed as agricultural engineer may among themselves
or
with a person or persons properly registered and licensed as an
agricultural
engineer may form or obtain registration with the Securities and
Exchange
Commission (SEC) of a firm, partnership or association using the term
"Agricultural
Engineers," but nobody shall be a member, partner or associate unless
he
is duly registered and licensed agricultural engineer.
Sec. 26. Integration
of agricultural engineers. — The agricultural engineering
profession
shall be integrated into one (1) national organization which shall be
recognized
by the Board and by the Commission as the one and only integrated and
accredited
association of agricultural engineers. An agricultural engineer duly
registered
with the Board shall automatically become a member of the integrated
and
accredited association of agricultural engineers, and shall receive the
benefits and privileges appurtenant thereto upon payment of the
required
fees and dues. Membership in the integrated and accredited association
shall not be a bar to membership in other associations of agricultural
engineers.
Sec. 27. Foreign
reciprocity.
— No foreign agricultural engineer shall be issued a temporary license
to practice the agricultural engineering profession or consultancy
thereof
or be entitled to any of the rights and privileges under this Act
unless
the country of which he is a subject or citizen specifically permits
Filipino
agricultural engineers to practice within its territorial limits on the
same basis as the subjects or citizens of such foreign state or country.
Sec. 28. Funding.
— Such sums as may be necessary to carry out the provisions of this Act
shall be included in the General Appropriations Act of the year
following
its enactment into law.
Sec. 29. Implementing
rules and regulations. — Subject to the approval of the Commission,
the Board shall adopt and promulgate such rules and regulations,
including
the Code of Ethics and Professional Standards for Agricultural
Engineers,
to carry out the provisions of this Act, which shall be effective after
thirty (30) days following its publication in the Official Gazette or
in
a major daily newspaper of general circulation.
Sec. 30. Enforcement.
— The Professional Regulation Commission shall be the enforcement
agency
of the Board. As such, the Commission shall implement the concerned
provisions
of this Act, enforce its implementing rules and regulations as adopted
by the Board, conduct investigations on complaints including violations
of the Code of Ethics and Professional Standards of the profession and
persecute when so warranted.
Sec. 31. Transitory
provision. — The existing Board of agricultural engineering shall
continue
to function in the interim until such time the new Board shall be
constituted
pursuant to this Act.
Sec. 32. Penalties.
— In addition to the administrative sanctions imposed under this
Act,
any person who violates any of the provisions of this Act shall, upon
conviction,
be penalized by a fine not less than Fifty thousand pesos (P50,000.00)
nor more than Two hundred thousand pesos (P200,000.00), or imprisonment
of not less than six (6) months nor more than (3) years, or both fine
and
imprisonment at the discretion of the court.
Sec. 33. Separability
clause. — If any clause, provision, paragraph or part hereof shall
be declared unconstitutional or invalid, such judgment shall not
affect,
invalidate or impair any other part hereof, but such judgment shall be
merely confined to the clause, provision, paragraph or part directly
involved
in the controversy in which such judgment has been rendered.
Sec. 34. Repealing
clause. — All laws, decrees, executive orders and other
administrative
issuances and parts thereof which are inconsistent with the provisions
of this Act are hereby modified or superseded. Republic Act No. 3927 is
hereby repealed.
Sec. 35. Effectivity.
— This Act shall take effect fifteen (15) days following its
publication
in the Official Gazette or in a major daily newspaper of general
circulation
in the Philippines, whichever comes first.
Approved:
February 26, 1998
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