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PRESIDENTIAL DECREE NO. 1308
PRESIDENTIAL DECREE NO. 1308 -
REGULATING THE PRACTICE OF THE PROFESSION OF ENVIRONMENTAL PLANNING IN
THE PHILIPPINES
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chanroblesvirtualawlibrary
WHEREAS,
the New Society is pursuing an integrated program of social, economic
and political reforms so that it may be able to establish a secure
national community and improve the quality of life of the people;chanroblesvirtualawlibrary
WHEREAS, in achieving these ends, the government has utilized the
concept of environmental planning as one of its principal instruments,
operationalized through the creation of the Human Settlements
Commission and the National Coordinating Council for Town Planning.
Housing and Zoning;chanroblesvirtualawlibrary
WHEREAS, a comprehensive system of environmental planning which seeks
to conserve, rehabilitative and develop the physical environment and
natural resources of the nation has already been established together
with a National Framework Plan that translates into physical and
spatial considerations policies on land capability, urbanization,
agricultural development and natural resources development;chanroblesvirtualawlibrary
WHEREAS, the Institute of Environmental Planning in the University of
the Philippines has been established for the precise purpose of
providing assistance in the implementation of this comprehensive system
and of developing a pool of capable Environmental Planners;chanroblesvirtualawlibrary
WHEREAS, this group of experts has contributed significantly to the
national development efforts of the country and has consequently
attracted other men and women to seek similar expertise;chanroblesvirtualawlibrary
WHEREAS, in recognition of the significant role and substantial
contribution that the science of environmental planning has made to the
country, there appears a need to professionalize and regulate practice
in the Philippines.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines by
virtue of the powers vested in me by the Constitution, do hereby order
and decree, as follows: chanroblesvirtualawlibrary
TITLE I — Title of Decree and Scope of Practice
Section 1. Title. — This Decree shall be known as the
"Law Regulating the Environmental Planning Profession in the
Philippines."
Section 2. Definition of Terms. —
(a) Environmental planning refers to activities
concerned with the management and development of land, as well as the
preservation, conservation, and rehabilitation of the human
environment.
(b) The Term "environmental planner", as used in this
Decree, refers to a person engaged in the practice of environmental
planning and duly registered with the Board of Environmental Planning
in the Manner herein provided.
Section 3. Scope of Practice. — the practice of
environmental planning, within the meaning and intent of this Decree
shall embrace, inter alia, professional services in the form of
technical consultation, plan preparation, and/or implementation
involving the following:cralaw:red
(a) Development of a community, town, city, or region;chanroblesvirtualawlibrary
(b) Development of a site for a particular need such
as housing, centers for activities concerned with research, education,
culture, recreation, or government, industrial estates, agriculture,
and water resources, including creating a spatial arrangements of
buildings, utilities and communication routes;chanroblesvirtualawlibrary
(c) Land use and zoning plans for the management and
development preservation, conservation, rehabilitation, and control of
the environment; and
(d) Pre-investment, pre-feasibility, and feasibility
studies. chanroblesvirtualawlibrary
TITLE II — Board of Environmental Planning
Section 4. Creation of a Board of Environmental
Planning. — Within thirty (30) days after the approval of this Decree,
there shall be created a Board of Environmental Planning, hereinafter
referred to as the Board, which shall be composed of a chairman and (2)
members. They shall be appointed by the President of the Philippines
from among those recommended by the Philippine Institute of
Environmental Planners (PIEP).
Section 5. Tenure of the Board Members. — The members
of the Board shall hold office for a term of three (3) years after
their appointment until their successors shall have been appointed and
shall have duly qualified: Provided, however, That the members of the
Board first appointed under this Decree shall hold office for the
following terms: one member for one (1) year; one member for two (2)
years; and one member for three (3) years. Each member of the Board
shall qualify by taking the proper oath of office before assumption of
his duties.
Section 6. Qualification of Board Members. — Each
member of the Board shall, at the time of his appointment, possess the
following qualifications:cralaw:red
(a) A citizen and resident of the Philippines;chanroblesvirtualawlibrary
(b) At least thirty (30) years of age and of good
moral character;chanroblesvirtualawlibrary
(c) A holder of an environmental planning degree or
its equivalent form a recognized and legally constituted institution of
higher learning and with at least three (3) years of practical
experience in environmental planning, prior to his appointment; or a
degree holder in architecture, civil engineering, economics, public
administration, or sociology, and with at least five (5) years of
practical experience in environmental planning, prior to his
appointment; and chanroblesvirtualawlibrary
(d) A registered environmental planner duly qualified
to practice environmental planning in the Philippines. The members of
the first Board shall be deemed automatically registered as
environmental planners upon assumption of their duties as members of
the Board.
Section 7. Causes for Removal from Office. — Any
member of the Board may be removed from office for neglect of duty,
incompetence, malpractice, unprofessional, unethical, immoral, or
dishonorable conduct after having been given the opportunity to defend
himself in a proper administrative investigation; Provided, That during
the process of investigation, the President of the Philippines shall
suspend such member under investigation and shall appoint a temporary
member in his place. Vacancies in the Board shall be filled for the
unexpired term only.
Section 8. Powers and Functions of the Board. — The
Board shall have the following powers and functions:cralaw:red
(a) Issue certificates of registration for the
practice of environmental planning and suspend or revoke the same for
cause provided herein;chanroblesvirtualawlibrary
(b) Issue certificates of recognition to
environmental planners already registered under this Decree for
specialized training undertaken in physical planning, social planning,
economic planning, administrative planning or planning law, or in any
other branch of environmental planning, subject to the approval of the
professional Regulation Commission, hereinafter referred to as
Commission;chanroblesvirtualawlibrary
(c) Approve registration without examination and the
issuance of the corresponding certificates of registration, in
accordance with Section 12 of Title III of this Decree; chanroblesvirtualawlibrary
(d) Determine and prepare the contents of licensure
examinations; score and rate the examination papers and submit the
results thereof to the Commission within one hundred twenty (120) days
after the last examination day;chanroblesvirtualawlibrary
(e) Adopt a Code of Ethics in the practice of
environmental planning;chanroblesvirtualawlibrary
(f) Adopt and official seal to authenticate its
official documents;chanroblesvirtualawlibrary
(g) Inspect, in coordination with the Department of
Education and Culture, at least once a year, educational institutions
offering courses in environmental planning in the Philippines to ensure
that these institutions maintain a high standard of planning education;chanroblesvirtualawlibrary
(h) Look from time to time, into the conditions
affecting the practice of environmental planning profession and adopt
measures necessary for the enchancement of the environmental planning
profession;chanroblesvirtualawlibrary
(i) Investigate violations of this Decree and the
rules and regulations thereunder as may come to its knowledge and, for
this purpose, issue subpoena and subpoena duces tecum to secure the
appearance of witness and exhibition of the performance of its
functions;chanroblesvirtualawlibrary
(j) Delegate the conduct of hearing or investigation
of administrative cases filed before the Board;chanroblesvirtualawlibrary
(k) Promulgate decisions on such administrative cases
subject to the review by the Commission; chanroblesvirtualawlibrary
(l) Issue, with the approval of the Commission, such
rules and regulations as may be deemed necessary to carry out the
provisions of this Decree; and
(m) Discharge such other powers and duties as may
affect professional, ethical and technological standards of the
environmental planning profession in the Philippines.
Section 9. Fees and Compensation of the Board. —
(a) The Board shall charge for each application the
sum of one hundred pesos (P100.00) upon filing of said application, and
for registration purposes, the amount of fifty pesos (P50.00) payable
the collecting and disbursing officer of the Commission.
(b) Each member of the Board, whether a government
employee or not, shall receive a compensation of twenty-five pesos
(P25.00) for each applicant examined or registered without examination,
and a per diem not exceeding fifty pesos (P50.00) for each day of
attendance in administrative investigations and ocular inspection
lasting for more than one (1) hour at a time: Provided, That the total
annual compensation of each member shall not exceed thirty-six thousand
pesos (P36,000.00). chanroblesvirtualawlibrary
(c) All authorized expenses of the Board, including
the compensation provided for herein, shall be paid by the collecting
and disbursing officer of the Commission out of such appropriation as
may be made for the purpose.
Section 10. Annual Report. — The Board shall, at the
end of each calendar year, submit to the Commission a detailed report
of its activities and proceedings during the year embodying also such
recommendations as it may deem proper to promote the policies and
objectives of this Decree.
TITLE III — Examination and Registration
Section 11. Registration Required. — Upon the
effectivity of this Decree, no person shall practice or offer to
practice environmental planning in the Philippines without having
obtained the proper certificate of registration from the Board.
Section 12. Examination Requirements. — Except as
otherwise permitted under Section 12 of this Title, all applicants for
registration for the practice of environmental planning shall be
required to pass the required professional examination as herein
provided.
Section 13. Registration without Examination. — A
certificate of registration for environmental planners shall be issued
to any applicant by the Board first constituted, without requiring the
passing of the examination herein prescribed: Provided, That he
registers within one (1) year after the constitution of the said Board
that he possesses the following qualifications:cralaw:red
(a) He must be at least twenty-one (21) years of age;chanroblesvirtualawlibrary
(b) He must be a Filipino citizen; chanroblesvirtualawlibrary
(c) He must be currently involved in the practice of
environmental planning; and
(d) He must have any of the following academic and/or
training background or experience:cralaw:red
(1) Masteral degree in environmental planning, city
and regional planning or town and country planning or its equivalent
from a school recognized by the government, plus one (1) year of
environmental planning experience;chanroblesvirtualawlibrary
(2) Masteral degree in a field of discipline related
to planning such as architecture, civil engineering, geography,
economics, public administration, or sociology, plus two (2) years of
environmental planning experience by the Board;chanroblesvirtualawlibrary
(3) Masteral degree in a field of discipline related
to planning, other than those listed in paragraph (2) above, plus two
(2) years of environmental planning experience, and either of the
following additional qualifications:cralaw:red
3.1. Completion of at least eighteen (18) units of
graduate course work in environmental planning; or
3.2. Completion of a training program or program the
total number of hours of which is equivalent to the number of graduate
course work in environmental planning.
(4) Bachelor's degree in environmental planning, city
and regional planning, or town and country planning from a school or
institution recognized by the Government, plus three (3) years of
environmental planning experience acceptable by the Board;chanroblesvirtualawlibrary
(5) Bachelor's degree in a field of discipline
related to planning such as architecture, civil engineering, geography,
economics, public administration or sociology, plus four (4) years of
environmental planning experience acceptable by the Board;chanroblesvirtualawlibrary
(6) Bachelor's degree in a field of discipline
related to planning, other than those listed in paragraph (5) above,
plus eighteen (18) graduate units in planning and three (3) years of
environmental planning experience acceptable by the Board; or
(7) Civil service eligibility in planning or city
planning, plus five (5) years of environmental planning
experience. chanroblesvirtualawlibrary
Section 14. Holding of Examination. — Examination for
candidates desiring to practice environmental planning in the
Philippines shall be given once a year in Metro Manila at such dates to
be determined by the Commission.
Section 15. Subjects of Examination. — Applicants for
certificates of registration as environmental planners shall be
examined on comprehensive plan preparation including the following
subjects:cralaw:red
(a) Physical planning, such as zoning, land use and
water resources studies; analysis of micro-climate, vegetation,
topography, soil conditions, ecological and geological conditions; site
planning; design and planning of infrastructure and transportation
systems, communications and utilities systems, housing and community
facilities analysis of space standards and interrelationships of
building layouts and building envelopes; detailed planning design, etc.;chanroblesvirtualawlibrary
(b) Social planning, such as the sociological,
anthropological and demographic aspects and requirements of planning;chanroblesvirtualawlibrary
(c) Economic planning, such as economic resource
analysis, assessment of economic facilities, industrial sitting,
determination of labor and transport requirements of industries,
analysis of statistical information and economic linkages among
different economic activities, etc.;chanroblesvirtualawlibrary
(d) Planning law and administration, such as
organization and administration of a planning agency, preparation of
cases in planning and zoning litigations, public policy instruments,
professional practice, laws and ethics, and standard rules and
regulations, etc.; and chanroblesvirtualawlibrary
(e) Special planning studies, project planning,
pre-investment and feasibility studies, etc.
Subject groupings with corresponding percentage ratings shall be
determined by the Board and approved by the Commission. Subjects not
enumerated herein shall not be construed as excluded in this subject
listing if, in the opinion of the Board, such inclusion is necessary.
Section 16. Qualifications for Examination. — Any
person applying for admission to the environmental planning examination
as herein provided shall, prior to the dates of the examination,
establish to the satisfaction of the Board that he has the following
qualifications:cralaw:red
(a) A citizen of the Philippines;chanroblesvirtualawlibrary
(b) At least twenty-one (21) years of age; and chanroblesvirtualawlibrary
(c) A holder of any of the following:cralaw:red
(1) Masteral degree in environmental planning, city
and regional planning, or town and country planning, or its equivalent
acceptable to the Board;chanroblesvirtualawlibrary
(2) Bachelor's degree in environmental planning, city
and regional planning, or town and country planning, or its equivalent,
and with two (2) years of environmental planning experience certified
by a registered environmental planner;chanroblesvirtualawlibrary
(3) Masteral degree in either architecture, civil
engineering, economics, public administration or sociology, and with
one (1) year of environmental planning experience certified by a
registered environmental planner; or
(4) Bachelor's degree in either architecture, civil
engineering, economics, public administration, or sociology, and with
two (2) years of environmental planning experience certified by a
registered environmental planner.
Section 17. Refusal to Issue Certificate. — The Board
shall not issue a certificate of registration to any person who suffers
from any of the following disqualifications:cralaw:red
(a) Conviction by a court of competent jurisdiction
of any criminal offense involving moral turpitude;chanroblesvirtualawlibrary
(b) Conviction in an administrative case of any
offense involving immorality or notoriously undesirable conduct; and
(c) Has unsound mind.
In case of refusal to issue a certificate, the Board shall issue to the
application a written statement setting forth the reason for such
action.
Section 18. Oath of Environmental Planners. — All
successful candidate in the examinations shall take the prescribed
professional oath before any other government official authorized to
administer such oath prior to entering the practice of the profession.
Section 19. Planning Service by a Registered
Environmental Planner. —
(a) It shall be unlawful for any person to render
planning services as defined in Section 3, Title I hereof, unless the
plans, designs and programs have been prepared under, and signed and
sealed be a registered environmental planner. chanroblesvirtualawlibrary
(b) It shall be unlawful for any environmental
planner to sign his name, affix his seal, or use any other method of
signature on plans, specifications or other documents prepared by
another environmental planner or made under the supervision of another
environmental planner. It shall likewise be unlawful for any person,
except the environmental planner in charge, to sign for any branch of
the work, or any function on environmental planning practice, not
actually performed by him. The environmental planner in charge shall be
fully responsible for all plans, specifications and other documents
issued under his seal or authorized signature.
(c) It shall be unlawful for any person, without the
written consent of the environmental planner or author of said
documents, to amend, revise, duplicate or make copies of said documents
for use in the repetition of and for other projects whether executed
partly or in whole.
Section 20. Consulting firms and Corporations Engaged
in Environmental Planning Practice. — A consulting firm, partnership,
company corporation, or association may engage in the practice of
environmental planning in the Philippines: Provided, That it complies
with the following requirements:cralaw:red
(a) The consulting firm, partnership, company,
corporation, or association is registered as such with the Board and
approved by the Commission to engage in the practice of environmental
planning in the Philippines: Provided, That at least seventy-five (75)
percent of the entire membership of the Board of the corporation,
partnership, firm or association shall be registered environmental
planners and at least seventy-five (75) percent of the total
capitalization of the said entity is owned by them; and chanroblesvirtualawlibrary
(b) The practice of the consulting firm, partnership,
company, corporation, or association in environmental planning shall be
carried out by duly registered environmental planners.
Section 21. Roster of Environmental Planners. — A
roster showing the names and places of business of all registered
environmental planners or of those holding Certificates of Recognition
along special branches of environmental planning, shall be prepared and
kept by the Secretary of the Commission. Copies of this roster shall be
furnished to all building officials and government agencies involved in
planning and/or approval of environmental plans, and shall be made
available to the public upon request.
Section 22. Suspension and Revocation of
Certificates. — Subject to the approval of the Commission, the Board
shall have the power, after due notice and hearing, to suspend or
revoke the certificate of registration for any cause mentioned in
Section 16 of this Title. chanroblesvirtualawlibrary
Section 23. Re-Issuance and Replacement of
Certificate. — The Board may, after the expiration of one (1) year from
the date a certificate of registration is revoked and for valid
reasons, entertain an application for the issuance of a new certificate
of registration.
Section 24. Use of Seal. — All registered
environmental planners shall obtain a seal of such design as the Board
shall authorize and direct: Provided, however, That the serial number
of the certificate issued by the Board shall be included in the design
of the seal. Plans, designs and programs prepared by, or under the
direct supervision of a registered environmental planner shall be
stamped with the said seal during the life of the registrant's
certificate, and it shall be unlawful for any one to stamp or seal any
document with the said seal after the certificate of the registrant
named thereon has expired or has been revoked, unless said certificate
shall have been renewed or re-issued. chanroblesvirtualawlibrary
TITLE IV — Enforcement of Decree and Penal Provisions
Section 25. Enforcement by Government Officials and
Officers of the Law. — It shall be the duty of all government officials
and duly constituted law officers of the national, provincial, city and
municipal governments, to assist the Board and the Commission in
enforcing the provisions of this Decree and to prosecute any person
violating the same. In this connection, heads of government offices,
departments, bureaus, government-owned or controlled corporation,
provincial governors, and city and municipal mayors shall appoint only
qualified and/or registered environmental planners to positions
requiring the knowledge, skill, and competence of environmental
planners.
Section 26. Penal Provision. — Any person committing
any of the following acts shall, upon conviction, be sentenced by
imprisonment of not less than six (6) months, nor more than five (5)
years, or a fine not less than two thousand pesos (P2,000.00) nor more
than five thousand pesos (P5,000.00) or both, in the discretion of the
Court: chanroblesvirtualawlibrary
(a) Engaging in the practice of environmental
planning in the Philippines without having been registered or without
having conformed to the provisions of this Decree;chanroblesvirtualawlibrary
(b) Presenting or attempting to use as his own the
certificate of registration of a registered environmental planner;chanroblesvirtualawlibrary
(c) Giving any false or forged evidence of any kind
to the Board, or impersonating any registered environmental
planner; chanroblesvirtualawlibrary
(d) Attempting to use a revoked or suspended
certificate of registration;chanroblesvirtualawlibrary
(e) Using in connection with his name or otherwise
assuming, using or advertising any title or description tending to
convey the impression that he is an environmental planner without
holding a valid certificate of registration; or
(f) Violating any of the provisions of this Decree.
In case the offender is a corporation, partnership or juridical person,
the penalty of imprisonment shall be imposed on the officer or offices
responsible for permitting or causing the violation.
Section 27. Repealing Clause. — All laws, parts of
laws, decrees, orders, letters of instructions and ordinances, or
regulations in conflict with the provisions hereof, are hereby repealed
or modified accordingly. chanroblesvirtualawlibrary
Section 28. Separability Clause. — If any part or
section of this Decree shall be declared unconstitutional, such
declaration shall not invalidate the other provisions hereof.
Section 29. Effectivity. — This Decree shall take
effect six months after the constitution of the Board.
DONE in the City of
Manila, this 2nd day of March, in the year of Our Lord, nineteen
hundred and seventy-eight.
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