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Republic Act No. 8560.
REPUBLIC
ACT NO. 8560
AN
ACT
REGULATING THE
PRACTICE OFGEODETIC
ENGINEERING
IN THE PHILIPPINES.
ARTICLE ITITLE
Section 1. Title. —
This
Act shall be known as the "Philippine Geodetic Engineering Act of
1998."
ARTICLE
IIDEFINITION
OF TERMS Sec. 2. Definition
of
terms. —
(a) Practice of
geodetic
engineering — The practice of Geodetic Engineering is a
professional
and organized act of gathering physical data on the surface of the
earth
with the use of precision instruments. It is also the scientific and
methodical
processing of these data and presenting them on graphs, plans, maps,
charts
or documents. It shall embrace, but is not limited to, the following
activities:cralaw:red
(1)
Professional
Geodetic
Engineering Services with the use of surveying and mapping equipment
such
as graduated rods, measuring tapes, transits, levels, theodolites,
fathometers/echosounders,
electronic distance meters, global positioning systems, stereoplotters
and all other instruments that are used to determine metes and bounds
of
lands positions of points on the surface of the earth, water depths,
underwater
configuration, ground elevation, gravity, isostacy, crustal movements
and
the size and shape of the earth, and other instruments used for
construction
survey, and those instruments used to guide the installation of large
industrial
equipment and machineries;
(2) Horizontal and
vertical
control surveys and political boundary surveys;
(3) Land surveys to
determine
their metes and bounds and prepare the plans thereof for titling and
for
other purposes;
(4) Subdivision,
consolidation
and/or consolidation-subdivision of titled properties;
(5) Submission of
survey
plans of subdivided, consolidated and/or consolidated-subdivision
titled
properties to the government agencies concerned; hereafter, such plans
on surveyed titled properties submitted by geodetic engineers shall not
be subject to verification and approval;
(6) Preparation and
making
of sketch, lot and location plans;
(7) Conduction of
engineering
surveys and the technical preparation of engineering survey plans such
as topographic, hydrographic, tidal, profile, cross-Sec.,
construction
and boundary surveys;
(8) Parcellary
surveys
of
lands traversed by infrastructure projects; and the preparation of
subdivision
plans;
(9) Conduction of
gravimetric
and photogrammetric survey and the technical preparation of such survey
plans;
(10) Survey and
mapping
works such as the preparation of geographic and/or land information
system;
(11) Survey to
determine
and establish line and grade for the construction of buildings and
other
structures and its attachments;
(12) Construction of
as-staked
and as-built surveys for infrastructures;
(13) Conduction of
mineral
and mining surveys;
(14) Installation of
machineries
requiring the use of precision instruments;
(15) Engagement in
the
transfer
of the knowledge and technology of geodetic engineering in any
institution
of learning;
(b) Geodetic Engineer
— A Geodetic Engineer is a natural person who has been issued a
Certificate
of Registration by the Board of Geodetic Engineering and has taken the
Oath of Profession of Geodetic Engineers.
ARTICLE
IIIBOARD OF
GEODETIC
ENGINEERING
Sec. 3. Creation
and
composition of the Board of Geodetic Engineering. — There is hereby
created a Board of Geodetic 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, ranked in the order of preference and submitted
by the duly integrated and accredited association of geodetic
engineers.
The Board shall be organized not later than six (6) months from the
effectivity
of this Act.
Sec. 4. Qualifications
of Members of the Board. — A member of the Board shall, at the
time
of his appointment, possess the following qualifications:cralaw:red
(a) Natural
born citizen
and resident of the Philippines;
(b) Must be at least
forty
(40) years of age;
(c) A registered
Geodetic
Engineer with a valid professional license and an active practitioner
in
Geodetic Engineering for not less than ten (10) years prior to
appointment;
(d) Must not be a
member
of the faculty of any school, academy, institute, college or university
where a regular course in Geodetic Engineering is being taught, nor
have
pecuniary interest in or administrative supervision over any such
institution
of learning;
(e) Must not, for a
period
of three (3) consecutive years prior to appointment, be connected with
a review center or with 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
(f) Must not have
been
convicted
of any offense involving moral turpitude.
Sec. 5. 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 of the Board first appointed under this Act, one (1) member
shall be appointed and hold office for three (3) years; and one (1)
member
for two (2) years, one (1) member for one year.
The Chairman or member
of
the Board may be reappointed for another term but in no case shall he
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 duties.
Sec. 6. Compensation
of the board members. — The Chairman and members of the Board shall
receive compensation and allowances comparable to the compensation and
allowances received by existing regulatory boards with the Professional
Regulation Commission (PRC), hereinafter referred to as the Commission,
as provided for in the General Appropriations Act.
Sec. 7. Vacancy and
removal of board members. — Any vacancy occurring in the
membership
of the Board within the term of a member shall be fined for the
unexpired
portion of the term only. The President may remove any member of the
Board,
upon the recommendation of the Commission, on the following grounds:cralaw:red
(a) Neglect
of duty or
incompetence;
(b) Violation or
tolerance
of the violation of this Act or the Code of Ethics for geodetic
engineers;
and
(c) Final judgment of
a
crime involving moral turpitude.
He shall be given due notice
and hearing where his right to be heard and to defend himself, assisted
by counsel, shall be respected in a proper administrative
investigation.
The Commission's decision may be appealed within fifteen (15) days from
written notice, to the President, whose decision shall be final and
executory.
Sec. 8. Powers and
duties of the board. — The Board shall exercise the following
specific
powers, functions, duties and responsibilities:cralaw:red
(a) To
promulgate and
adopt
the rules and regulations necessary for carrying out the provisions of
this Act;
(b) To supervise the
examination,
registration, licensure and practice of Professional Geodetic
Engineering
in the Philippines;
(c) To administer
oaths
in connection with the successful examinees entering the practice of
Geodetic
Engineering;
(d) To issue the
Certificate
of Registration to successful examinees;
(e) To issue, suspend
or
revoke the license for the practice of the Geodetic Engineering
profession;
(f) To adopt an
official
seal of the Board;
(g) To look into the
conditions
affecting the practice of Geodetic 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 ensure in
coordination
with the Commission on Higher Education (CHED), that all educational
institutions
offering Geodetic Engineering education comply with the policies,
standards
and requirements of the course prescribed by CHED in the areas of
curriculum,
faculty, library and facilities;
(i) To prescribe
and/or
adopt a Code of Ethical and Professional Standards for the practice of
the Geodetic Engineering profession;
(j) To hear and try
administrative
cases involving violations of this Act, its implementing rules and
regulations,
the Code of Ethics for professional Geodetic Engineers and for this
purpose,
to issue subpoena and subpoena duces tecum to secure the appearances of
witnesses and the production of documents in connection therewith;
(k) To prescribe
guidelines
in the Continuing Professional Education (CPE) program in coordination
with the integrated and accredited association for professional
Geodetic
Engineers;
(l) To prepare, adopt
issue
or amend the syllabi of the subjects for examination;
(m) To approve,
issue,
limit
or revoke temporary license to practice Geodetic Engineering; and
(n) Discharge such
other
duties and functions as may be deemed necessary for the enhancement of
the Geodetic Engineering profession and the upgrading, development and
growth of Geodetic Engineering education in the Philippines.
Sec. 9. Supervision of
the Board, custodian of its records, secretariat and support services.
— The Board shall be under the administrative supervision of the
Commission.
All records of the Board, including the application for examination,
examination
papers and results, minutes of deliberation, administrative cases and
other
investigations involving Geodetic 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. 10. Annual
report.
— The Board shall, at the close of each calendar year, submit an annual
report to the President of the Philippines through the Professional
Regulation
Commission, giving detailed account of its proceedings and
accomplishments
during the year and make recommendation for the adoption of measures
that
will upgrade and improve the conditions affecting the practice of
Geodetic
Engineering in the Philippines.
ARTICLE
IVEXAMINATION
,
REGISTRATION
AND LICENSE Sec. 11. Examinations
required. — All applicants for registration for the practice of
Geodetic
Engineering shall be required to undergo and pass a written technical
examination
as provided for in this Act.
Sec. 12.
Qualifications
of applicant for examination. — Every applicant for examination
shall
establish the following:cralaw:red
(a) That he
is a citizen
of the Philippines; and
(b) That he is a
graduate
of Bachelor of Science in Geodetic Engineering in a school, academy,
institute
or college duly recognized by the Government.
Sec. 13. Fraudulent
application.
— The Board may suspend or revoke a Certificate of Registration
obtained
through misrepresentation made in the application for examination.
Sec. 14. Scope of
examination. — The examination for Geodetic Engineering shall
basically
corer the following subjects:cralaw:red
(1)
Mathematics;
(2) Theory and
Practice
of Surveying;
(3) Property
Surveying
including
Isolated, Cadastral, Mineral and Mining Surveys;
(4) Cartography and
Photogrammetry;
(5) Geodesy, Geodetic
Surveying
and Least Squares;
(6) Engineering
Surveys
and Construction Surveying;
(7) Laws on Natural
Resources
including Laws on Property, Land Registration and Agrarian Reform;
(8) Laws on
Obligations
and Contracts;
(9) Code of Ethics of
the
Profession.
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. 15. Rating in
the board examinations. — To be qualified as having passed the
board
examination for Geodetic Engineers, a candidate must obtain a weighted
general average of seventy percent (70%), with no grade 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. 16. Report of
ratings. — The Board shall submit to the Commission the rating
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. 17. Re-examination.
— An applicant who fails to pass the examination for the third time
shall be allowed to take another examination only after the lapse of
one
year.
Sec. 18. Oath.
— All successful candidates in the examination shall be required to
take
an oath of profession before the Board or any government official
authorized
to administer oaths, prior to entering upon the practice of the
Geodetic
Engineering profession.
Sec. 19. Certificate
of registration and professional license. — A Certificate of
Registration
shall be issued to applicants who pass the examination for Geodetic
Engineers
subject to payment of registration fees.
The Certificate of
Registration
of a professional Geodetic Engineer shall bear the signatures of the
Chairman
of the Board and 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 Geodetic 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 fees. No person shall practice
Geodetic
Engineering in this country unless such person shall have secured a
license
to practice Geodetic 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. 20. Seal and
use of seal. — (a) Each registrant shall, upon registration, obtain
the seal of such design as the Board of Geodetic Engineering may adopt.
Plans and specifications prepared by, or under the direct supervision
of
a registered Geodetic 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 all Geodetic Engineering practices shall accept or endorse
any survey plans or documents 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 documents of
which
have not been so prepared, signed and sealed by a duly licensed
Geodetic
Engineer.
(c) No Geodetic
Engineer
shall sign his name, affix his seal or use any other method of
signature
on plans, specifications or other documents made by or under another
Geodetic
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 Geodetic Engineer in charge, shall sign for any branch of
work
or any function of Geodetic Engineering practice not actually performed
by him. The Geodetic 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, specifications, reports and other
documents
by Geodetic Engineers.
(d) Plans and documents
duly signed, stamped or sealed as instruments of service are the
property
and documents of the Geodetic Engineer, if the same has not been
accepted
and/or paid.
Sec. 21. Indication
of License and Professional Tax Receipt. — The Geodetic 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. 22. 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 a Geodetic Engineer, or to cancel a
temporary/special permit for any cause specified in the proceeding
Sec.s,
including but not limited to: the use or perpetration of any fraud or
deceit
in obtaining a certificate of registration, or for incompetence,
negligence,
or for abetment of the illegal practice of Geodetic Engineering;
violation
of the provisions of this Act, its implementing rules and regulations
and/or
violation of the policies of the Board including the Code of Ethics for
Geodetic 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
GEODETIC
ENGINEERING Sec. 23. Vested
rights:
automatic registration of practicing geodetic engineers. — All
practicing
Geodetic Engineers who are registered at the time this Act takes
effect,
shall automatically be registered.
Sec. 24. Practice
not allowed for firms and corporations. — The practice of Geodetic
Engineering is a professional service, admission to which shall be
determined
upon the basis of an individual's personal qualifications, for which
the
Geodetic Engineer is responsible for the correctness of the survey
work.
No other person or government entity should go over the work of the
Geodetic
Engineer unless found grossly defective in connection with other works
for which an investigation committee shall thereby be created and
commissioned
by the Professional Regulation Commission.
No firm, company,
partnership,
association or corporation may be registered or licensed as such for
the
practice of Geodetic Engineering: Provided, however, That
persons
properly registered and licensed as Geodetic Engineers may among
themselves
or with a person or persons properly registered and licensed as
Geodetic
Engineer, may form and obtain registration with the Securities and
Exchange
Commission (SEC) of a firm, partnership or association using the term "Geodetic
Engineers," but nobody shall be a member, partner or associate
unless
he is a duly registered and licensed Geodetic Engineer, and the members
who are Geodetic Engineers shall only render work and services proper
for
a Geodetic Engineer as defined in this Act.
Sec. 25. Integration
of the geodetic engineering profession. — The Geodetic 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 Professional Geodetic
Engineers.
Upon registration with
the
Board, every professional Geodetic Engineer shall automatically become
a member of the integrated and accredited national organization and
shall
receive the benefits and privileges appurtenant thereto. Those who have
been registered with the Board but not members of the said integrated
and
accredited organization at the time of the effectivity of this Act,
shall
be allowed to register as members of the said organization within three
(3) years after the effectivity of this Act. Membership in the
integrated
and accredited organization shall not be a bar to membership in other
associations
of the Geodetic Engineering profession.
Sec. 26. Foreign
reciprocity.
— No foreign Geodetic Engineer shall be issued a temporary license to
practice
the Geodetic 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 Geodetic
Engineers to practice within its territorial limits on the same basis
as
the subjects or citizens of such foreign state or country.
ARTICLE
VIGENERAL
PROVISIONS Sec. 27. 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 for Geodetic Engineers, to carry out the provisions
of this Act, which shall be effective after thirty (30) days following
their publication in the Official Gazette or in a major daily newspaper
of general circulation.
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 and thereafter: Provided, however, That fifty
percent
(50%) of the fees derived from examination, registration and licenses
shall
be utilized by the Board to defray its administrative and other
operational
expenses, including the enhancement of the Geodetic Engineering
profession.
Sec. 29.
Enforcement.
— The Professional Regulation Commission shall be the enforcement
agency
of the Board. As such, the Commission shall implement the provisions of
this Act, enforce its implementing rules and regulations as adopted by
the Board, conduct investigations upon complaints, including violations
of the Code of Conduct of the profession and prosecute when so
warranted.
Sec. 30. Transitory
provisions. — (a) The existing Board of Geodetic Engineering shall
continue to function in the interim until such time as the new Board
shall
be duly constituted pursuant to this Act.
(b) Examination for
Junior
Geodetic Engineers shall cease to be conducted upon effectivity of this
Act;
(c) Incumbent Junior
Geodetic
Engineers may continue to practice as such for a period of five (5)
years
from effectivity of this Act, within which they shall be required to
finish
the Bachelor of Science in Geodetic Engineering course, the completion
of which shall qualify them to take the Geodetic Engineer Licensure
Examinations.
Sec. 31. Penalties.
— In addition to the administrative sanctions, any person who
violates
any of the provisions of this Act shall, upon conviction, be penalized
by a fine of 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 six (6) years, or both such fine and
imprisonment,
at the discretion of the court.
Sec. 32. 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
merely
be confined to the clause, provision, paragraph or part directly
involved
in the controversy upon which such judgment has been rendered.
Sec. 33. Repealing
clause. — Republic Act No. 4374, Presidential Decree Nos. 202 and
335
are hereby repealed. All other laws, decrees, executive orders and
other
administrative issuances and parts thereof which are inconsistent with
the provisions of this Act are hereby modified, superseded or repealed
accordingly.
Sec. 34. Effectivity.
— This Act shall take effect fifteen (15) days following its
publication
in the Official Gazette or major daily newspaper of general circulation
in the Philippines, whichever is earlier.
Approved:
February 26, 1998
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