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".

[ REPUBLIC'ACT NO. 109151 - LAWPHiL...S, No. 2434 H No. 6421 Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand fifteen. ^ [ REPUBLIC'ACT NO. 109151

  • Upload
    others

  • View
    0

  • Download
    0

Embed Size (px)

Citation preview

  • 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