Republic of the Philippines
HOUSE OF REPRESE! ITATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

‘COMMITTEE REPORT NO. 942

Submitted by the Committees . op Civil Service and Professional Regulation and

‘Appropriations on YM as:

Re: House Bill No. _

Recommending its approval in substitution of House Bil No. 228

Sponsors: Representatives Andres D. Salvacion. Jr.. Joseph Emilio A. Abaya and Amado S.
Bagatsing

Mr. Speaker:

“The Committees on Civil Service and Professional Regulation and Appropriations to which
aes geferred fTouse Bill No. 228 introduced by Rep. Amado S. Bagatsing, entitled:

AN ACT
REGULATING THE PRACTICE OF ENVIRONMENTAL PLANNING,
REPEALING FOR THE PURPOSE PRESIDENTIAL DECREE
NUMBERED ONE THOUSAND THREE HUNDRED AND EIGHT,
ENTITLED “LAW REGULATING THE ENVIRONMENTA\. PLANNING
PROFESSION IN THR PHILIPPINES”. AND FOR OTHER PURPOSES

have considered the same and recommend that the attached [louse Rill No.

4A 63 2 entitled:

AN ACT
REGULATING THE PRACTICE OF ENVIRONMENTAL PLANNING.
REPEALING FOR THE PURPOSE. PRESIDENTIAL DECREE
NUMBERED ONE THOUSAND THREE HUNDRED AND EIGIIT,
ENTITLED “LAW REGULATING THE ENVIRONMENTAL PLANNING
PROFESSION IN THE PITILIPPINES”. AND FOR OTHER PURPOSES

be approved in substitution of House Bill No. 228. and with Reps. Amado S. Bagatsing.
‘Andee D. Salvacion, Jr., Joseph Emilio A. Abaya, Daryl Grace J Abayon, Salvador HI
Pecudero III, Randolph S. Ting, Angelo B. Palmones. Dante Antonio 1 Tinio. Mariano U.
Frenonte, Je, Julieta R, Cortunat Reena Concepcion G. Obillo, Carlos M. Padifla. isidro S.
Rodriguez, Jr, Rufus B. Rodriguez and Lorenzo R. Tafiada IMT as authors thereof.


Respectfully submitted,

VABAYA — HON. ANDRES
Chair:

Committee on Civil Service
, and Professional Regulation

VACION, JR.

THE HONORABLE SPEAKER
HOUSE OF REPRESENTATIVES,
QUEZON CITY


FACT SHEET
House Bill No. 228
AN ACT

REGULATING THE PRACTICE OF ENVIRONMENTAL

PLANNING, REPEALING FOR THE PURPOSE

PRESIDENTIAL DECREE NUMBERED ONE THOUSAND
THREE HUNDRED EIGHT (PD 1308) ENTITLED “LAW

REGULATING THE ENVIRONMENTAL PLANNING

PROFESSION IN THE PHILIPPINES” AND FOR OTHER

PURPOSES

introduced by: REPRESENTATIVE AMADO S. BAGATSING

Committee Referral: COMMITTEE ON CIVIL. SERVICE AND
PROFESSIONAL REGULATION (Primary)
Committee Chairperson. HON. ANDRES D. SALVACION, JR.

Committee Referral. COMMITTEE ON APPROPRIATIONS (Secondary)

‘Committee Chairperson: HON. JOSEPH EMILIO A. ABAYA

OBJECTIVE:

To update P.D. 1308, the law regulating the practice of Environmental
Planning in the Philippines, to make it at par with global trends and
demands.

KEY PROVISIONS:

Provides for a more responsive and comprehensive regulation for the
registration, licensing and practice of Environmental Planning in the
light of local and international developments in the field.

Proposes a clearer definition of the practice of Enviranmental Planning
which involves analysis, harmonization, management and regulation of
the use and relationship of land and its environs for the development of
sustainable communities and ecosystems.

Provides for continuing professional education to make Philippine
environmental planners globally competitive.

RELATED LAW:

Presidential Decree No. 1308


ane

“1

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Fifteenth Congress
First Regular Session
4692

House Bill No.

imroduced by Representatives Amado S. Bagatsing, Rudres D. Salvacion, Jr., Joseph
Emilio A. Abaya, Daryl Grace J. Abayon, Seivador H- cudero SI, Randolph S. Te
‘Angelo B. Palmones, Dante Antonio L. Tino, Mariano U. Piamonte, Jr., Julieta R-
aac Reena Concepcion G. Obillo, Carlos M. Padilla, Isidro S, Rodriguez, Jr., Rufus
B. Rodriguez and J.orenzo R. Taiiada Il

AN ACT
REGULATING THE PRACTICE OF ENVIRONMENTAL PLANNING,
REPEALING FOR THE PURPOSE, PRESIDENTIAL DECREE NUMBERED
ONE THOUSAND THREE HUNDRED AND EIGHT, ENTITLED “LAW
REGULATING THE ENVIRONMENTAL PLANNING PROFESSION IN THE
PHILIPPINES”, AND FOR OTHER FURPOSES

Be it enacted by the Senate and House of Representanves of the Philippines in
Congress assembled:
Article T
GENERAL PROVISIONS

Section 1. Title, - This Act shall be known as the “Environmental Planning Act
of 2011."

Sec. 2. Declaration of Policy. — The State recognizes the importance of
environmental planners in nation building and development, Hence, it shall develop and
nurture competent, virtuous, productive and well-rounded professional environmental
planners whose standards of practice and service shall be excellent, qualitative. world-
class and globally competitive through inviolable. honest, effective and credible licensure
examinations and through regulatory measures. programs and activities that foster their
professional growth and development.

Sec. 3. Objectives. This Act shall govern:

(a) the examination, registration. and beensure of environmental planners:

(b) the supervision, control and regulation of the practice of environmental plarning:

(c) the development and upgrading of the curriculum of environmental planning
profession;

(d) the development of the professional competence of environmental planners
through continuing professional education; and

(e) the integration of the environmental planning profession.


Sec. 4. Definition of Terms. —

(a) Environmental Planning, otherwise known as urban and regional planning, city
planning, town and country planing, and/or human sextlements planning refers to
the um and science of analyzing, specifying, harmonizing, managing and
regulating the use and relationships of land and its environs for the development
of sustainable communities and ecosystems.

(b) Environmental Planner refers to a person who is registered and licensed to.
practice environmental planning and who holds valid certificate of registration
and a valid professional identification card from the Board of Environmental
Planning and Professional Regulation Commission.

(c) Environmental Planner-Oj-Record refers to @ segistcred environmental planner
who either:

(1) acts as lead professional in, or coordinates and supervises, the
preparation of any of the environmental plans and studies set forth
in Section 5 of this Act; or

(2) reviews, co-signs and/or officially transmits or endorses to the
client any of the plans submitted by other members of a planning
team for a program or project: and who shall be held directly 1h able
for such plans co-signed, reviewed, or prepared under one’s
supervision.

(a) Accredited Professional Organization (APO) refers to the duly accredited
professional organization of environmental planners.

See. 5. Scape of Practice. — The practice of environmental planning, within the
meaning and intent of this Act, shall embrace, inter alia, the following:

(a) Providing professional services in the form of technical consultation, plan
preparation, capacity building, monitoring and evaluation of the implementation
involving the following:

(1) preparation of national, regional or local development and/or
physical framework and Jand use plans;

2) preparation of comprehensive land use plans, Zoning, and related
ordinances, codes, and other legal issuances for the management
and development, preservation, conservation, rehabilitation,
regulation, and control of the environment, including water

resources;


$

G) development, conservation, redevelopment, and revitalization of

barangay, municipality,

iy, province, tegion or any portion or
combination thereof, and
(4) development of « site for a particular need, such as economic or
ecological zones; tourism development zones; and housing and
other estate development projects, including creating a spatial
arrangement of buildings. utilities, transport, and communications,
(b) In relation to any of the activities enumeraied in (a) above, preparing the
following studies:
(1) Pre-feasibility, feasibility, and other related concerns;
(2) Environmental assessments; and
(3) Institutional, administrative or legal systems;
(©) Teaching, lecturing or reviewing any professional subject included in the
curriculum and in the licensure examinations for environmental planning;
(4) Serving as expert witness, resource person, lecturer, juror or arbitrator im hearings,
competitions, exhibitions, and other public fora; and
(€) Ensuring compliance with environmental laws including acquisition of regulatory
permits.
Article II
PROFESSIONAL REGULATORY BOARD OF ENVIRONMENTAL PLANNING

See. 6. Professional Regulatory Board of Environmental Planning, ~ There is
hereby created 6 Professional Regulatory Board of Environmental Planning, hereinafter
referred to as the Board, which shall be composed of a chairperson and two (2) members
under the administrative control and supervision of the Professional Regulation
Commission, hereinafter referred to as the Commission. They shall be appointed by the
President of the Philippines from a list of three (3) recommendees for each position
ranked by the Commission from a list of five (5) nominees for each position submitted by
the accredited professional organization of environmental planners.

The new Board under this Act shall be constituted within six (6) months from the
effectivity thereof,

Sec. 7, Term of Office - The chairperson and members of the Board shall hold
office for a term of three (3) Years from the date of appointment or until their successors
shall have been qualified and appointed. They may be reappointed in their positions for
another term of three (3) years immediately after the expiry of their term: Provided. That
the holding of such position shall not be more than two (2) terms nor more than six (6)
years, whichever is longer: Provided, further, That the first Board under this Act shal!


3

hold these terms of office: the chairperson for three (3) years, the first member for two
(2) years, and the second member for one (1) year: Provided, furthermore, That any
appointee to a vacancy with an expired period shall only serve such period. The
chairperson and the members shall duly take their oath of office.

Sec. 8 Qualifications of the Chairperson and Members of the Board. — ‘fhe
chairperson and members of the Board, at the time of their appointment, must be:

(a) a citizen and resident of the Philippines;

(6) of good moral character and of sound mind

(c) a holder of a Master's Degree in Environmental Planning or its equivalent,
preferably with a Bachelor's Degree in Environmental Planning;

(4) a registered Environmental Planner with a valid certificate of registration and 2
professional identification card and with at least seven (7) years of practice in
environmental planning prior to his appointment;

(e) not a member of the faculty of any school, college. oF university where a regular
or review course in environmental planning is offered nor a member of a staff of
reviewers in a review school or center and not have any direct or indirect
pecuniary interest in. such an institution;

(f) a member in good standing of the APO:

{g) not an officer or trustee of the Accredited Professional Organization (APO): and

{h) not convicted by @ court of competent jurisdiction of an offense involving moral
turpitude.

Sec. 9. Powers, Functions, Duties and Responsibilities of the Board — The
Board shall have the following specific powers, functions, duties and responsibilitie:

(a) Presetibe and adopt the rules and regulations necessary t9 Carry out the provisions
of this Act;

(0) Supervise the registration, licensure, and practice of environmental planning in
the Philippines;

(©) Administer oaths in connection with the administration of this Act;

(d) Issue, suspend, revoke or reinstate certificates of registration for the practice of
environmental planning;

(e) Adopt an official seal of the Board:

() Determine and prepare the contents of licensure examination: score and rate the
examination papers, and submit the results thereof to the Commission;

(g) Adopt and promulgate a Code of Ethics and a Code of Technical Standards issued

by the duly accredited professional organization ;


(h) Ensure, in coordination with the Commission on !igher Education (CITED), o
other authorized government offices, that all higher educational ‘instruction and
offering of environmental planning comply with the policies, standards, and
requirements of the course prescribed by the CHED or other authorized

government offices in the areas of curriculum, faculty, library and facilities;

2) Maanivne thu conditions affecting the practice of environmental planni
profession and adopt measures necessary for the enhancement of the prolesston;

G) Investigate violations of this Act and its rules and regulations, Code of Ethics.
Code of Technical Standards, Policy and Measure as may come to its knowledge
and, for this purpose, issue subpoena and subpoena duces fecum to secure the
appearance of witnesses and exhibition of the documents and other evidences
necessary in connection with the performance of its functions;

(&) Delegate the conduct of hearing or investigation of administrative cases filed
before the Board;

() Promulgate decisions on such administrative cases;

(yDischarge such other powers and duties as may affect professional, ethical and
technological standards of the environmental planning profession in the
Philippines; and

(n) Perform such other fumetions and responsibilities in accordance with the
provisions of Republic Act No. 8981, otherwise known as the “PRC
Modernization Act of 2000",

‘The policies, resolutions, and rules and regulations, issued and promulgated by the

Board shall be subject to review, and approval by the Commission; however. the Board's

decisions, resolutions or orders which are not interlocutory, rendered in an administrative

case, shall be subject lo review only if on appeal

Sec. 10. Compensation of the Board. — The chairperson and members of the
Board shall receive compensation and allowances comparable to the compensation and
allowances received by the chairpersons and members of existing professional regulatory
boards under the Commission as provided for by the General Appropriations Act

See. 11. Administrative Supervision of the Board, Custodian of its Records,
Secretariat and Support Services. — The Board shall be under the administrative
supervision of the Commission. All records of the Board, including applications for
examinations, and administrative and other investigative cases conducted by the Board
shall be under the custody of the Commission. The Commission shall designate the
Secretary of the Board and shal! provide the secretariat and other support services to

implement the provisions of this Act.
5


See. 12. Grounds for Removal er Suspension of Chairperson/Board
Members. - The President of the Philippines. upon the recommendation of the
Commission, after due process and administrative investigation conducted by the
Commission, may remove or suspend the chairperson or members of the Board on any of
the following grounds:

(a) Gross neglect, incompetence or dishonesty in the discharge of one's duty;

(b) Violation of any of the causes/grounds and the prohibited acts provided in this
‘Act and the offenses in the Revised Penal Code, Republic Act No. 3019 otherwise
known as the Anti-Graft and Corrupt Practices Act, and other laws; and

(©) Manipulation or rigging of the results ofthe licensure examination for the practice
of environmental planning, disclosure of secret and confidential information on
the examination questions prior to the conduct thereof, or tampering of grades.

ion, shall be guided by Sec. 7 (s)
of RA. No. 8981, the rales on administrative investigation, and the applicable provisions
of the New Rules of Court.

Sec. 13. Annual Report, - The Board shall, at the end of each calendar year,

The Commission, in the conduct of the investi

submit to the Commission a detailed repon 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 Act.
Article DT
EXAMINATION AND REGISTRATION

Sec. 14. Registration Required. — Upon the effectivity of tis Act, no person
shall practice or offer to practice environmental planning in the Philippines without
having obtained from the Board and the Commission a certificate of registration and a
professional identification card or a temporary’special permit

Sec. 15. Examination Required. — Unless provided otherwise under this Act, all
applicants for registration for the practice of environmental planning sball be required 10
pass the professional licensure examination as hercin provided, subject vo the payment of
fees prescribed by the Commission. Examinations for the practice of environmental
planning in the Philippines shall be given by the Board at least once every year in such
places and dates as the Commission may designate in accordance with the provisions of
Republic Act No. 8981.

Sec. 16, Rating in the Licensure Examination. - To pass the licensure
examination eacb person must obtain a weighted average of not less than seventy Per
contum (70%) and a rating of not less than fifty per centum (50%) in any examination
subject.

6


Sec. 17. Subjects of Examination, - The licensure examination for

environmental planner shall include, but shall not be limited to, the following:
(a) History, concepts, theories, and principles of environmental planning
(6) Environmental planning process, methodstechniques and strategies; and
(c) Environmental plan implementation, legal aspects and administration

‘These subject areas shall include topics and subtopics in accordance with the
sullabi o tables of specifications of subjects for Licensure examinations by the Board in
consultation with the academe and the accredited professional organization. The subject
areas and syllabi may be revised as the need arises 10 conform to changes and new
developments brought about by trends in the profession.

Sec. 18. Qualifications for Examination, — Any person applying to take the
licensure examination as herein provided shall establish to the satisfaction of the Board
that one has the following qualifications:

(a) A citizen of the Philippines or 4 foreign citizen whose country or state has
reciprocity agreement in the practice of the profession.

(b) A holder of any of the following degrees from duly recognized schools, college or
universities accredited by the Commission on Higher Education:

(1) A Master's degree in environmental planning, urban/city and regional
planning, or town and country planning or its equivalent,

(2) A post-graduate diploma in environmental planning, city and regional
planning or its equivalent, and with at least one (1) year on-the-job
training as required herein;

(3) A Bachelor's degree in environmental planning, city planning or urban
and regional planning, or town and country planning, or its equivalent, and
with two (2) years of on-the-job training as required herein;

(4) A Master’s of Doctorate degree in either architecture, engineering,
ecology, economics, geography. public administration, business
administration, sociology, social science. law, environmental science,
environmental management, development management, natural resources
planning and development and related disciplines acceptable to the Board.
and with three (3) years of on-the-job taining as required herein:
‘Provided, That a person falling under this paragraph, may be allowed to
take the licensure examination only within the next ten (10) years after the
effectivity of this Act;

(5) A Bachelor’s degree in architecture, engineering, economics, public

administration, law, social work and community development or sociology
7


2

¥

and other related disciplines acceptable to the Board and with five (5)
Provided, That a person

years of on-the-job taining as required herei
falling under this paragraph, may be allowed to take the licensure
examination only within the next ten (10) years after the effectivity of this

Act;

(6) Incumbent holders of planning positions in the national, regional; or local
government offices or agencies including goverment owned and
controlled corporations who have been engaged in development planning
functions acceptable to the Board: Provided, That they are holders of
professional civil service eligibility and they must have undergone at feast
eighty (80) hours of in-service training or distance leaming in
developmental planning from a govemment agency, schoo! or institution
accredited by proper authorities: Provided, further, That a person falling
under this paragraph may be allowed to take the licensure examination
only within the next five (5) years after the effectivity of this Act.

(©) Of good moral character; and
(4) Not convicted of an offense involving moral turpitude by ¢ court of competent
jurisdiction.

‘The on-the-job training required in this section must be undertaken under the
supervision of a registered Environmental Planner or Gre applicant's immediae
supervisor, in an agency or organization, acceptable to the Bourd, which is engaged or
involved in environmental planning functions or programs.

Sec. 19. Issuance of Certificate of Registration and Professional
Identification Card. — A certificate of registration shall be issued to those who are
registered with or without licensure examination subject to payment of foes prescribed by
the Commission. It shall bear the signatures of the Chairperson of the Commission and of
the Chairperson and Members of the Board, stamped with the official seal of the
Commission and of the Board, certifying that the person named therein is entitled to the
practice of the profession with all the privileges appurtenant thereto. Until withdrawn,
revoked, or suspended in accordance with this Act, it shall remain in full foree and effect.

‘A professional identification card bearing the registration number and date. its
validity and expiry duly signed by the Chairperson of the Commission shall likewise be
issued to every registrant who has paid the prescribed fees.

See. 20. Refusal to Register. - The Board shall not register any successful

applicant for registration with or without licensure examination who has been:


{@) convicted of an offense involving moral turpitude by a court of comperent
jurisdiction
(b) found guilty of immoral or dishonorable conduct by the Board
(c) summarily adjudged guilty for violation of the General Instructions (o Exuminces
by the Board
(a) declared of unsound mind by the court of competent jurisdiction.
In refusing such registration, the Board shall give the applicant a written statement
setting forth the reasons therefor and shall file a copy thereof in its records.
Sec. 21. Revocation or Suspension of the Certificate of Registration and
- The Board shall have the power, upon

Cancellation of Temporary/Special Permi
notice and hearing, to revoke ot suspend the cenificate of registration of a registered and

licensed environmental planner of to cancel a temporary/special permit granted to a

foreign environmental planner, for violation of any grounds or cases in Sec. 20 of this

‘Act, except paragraph (c) thereof, and on any of the following grounds:

(a) Violation of a provision of this Act, its Implementing Rules and Regulation, Code
of Ethics, Code of Technical Standards for the practice of Environmental Planner,
policy, and measure of the Board and/or the Commission;

(b) Perperzation or use of fraud in obwining the certificate of registration.
professional identification card or temporary’special permit;

{c) Gross incompetence, negligence or ignorance resulting to death, injury or
damage;

(a) Refusal to join or to remain a member in good standing of the APO;

(e) Neglect or failure to pay the annua! registration fees for five (5) consecutive
years;

(© Non-renewal of the professional identification card after lapse of five (5)
consecutive years;

(g) Aiding or abetting the illegal practice of a non-registered and non-licensed
environmental planner by allowing the use of the certificate of registration and/or
professional identification card or the special/temporary permit

(h) Hegally practicing the profession during the suspension from the practice thereof,
and

{ Addiction to a dmg or alcohol abuse impairing one’s ability (o practice the
profession or declaration by a court of competent jurisdiction that one is of
unsound mind.

The Board shall periodically evaluate the aforementioned grounds and revise or

exclude or add new ones as the need arises subject to approval by the Commission.
9


awe

‘Any person, firm or association may file charges aginst any registrant in
accordance with the provisions of this Section. or the Board may investigate violations of
any of the above-mentioned causes. An affidavit-complaint shall be filed together with
the affidavits of witnesses and other documentary evidence with the Board through the
Legal and Investigation Office. An investigation conducted mon proprio shall be
embodied in a formal charge to be signed by at least @ majority of the members of the
board. The rules on administrative investigation issued by the Commission shall govern
the hearing or investigation subject to applicable provisions of this Act, R.A. No. 8981,
and the Rules of Court.

Sec. 22. Re-issuance of Revoked Certificate of Registration, Replacement of
Lost or Damaged Certificate of Registration, Professional Identification Card or
‘Temporary/Special Permit, - The Board may, upon petition, reinstate or re-issue a
certificate of registration efter two (2) years from the effectivity of the period for
revocation, which is the date of surrender of the valid certificate and/or the professional
identification card to the Board and/or the Commission. The Board may not requare the
holder thereof to take another licensure examination. The petitioner shall prove te the
Board that he or she has valid reasons to practice the profession. To grant the petition,
the Board shall issue a Board Resolution, subject to approval of the Commission.

A duplicate copy of a lost certificate of registration, professional identification
card or temporary/special petmit may be reissued in accordance with rules thereon and
upon payment of the prescribed fee therefor.

Article TV
PRACTICE OF ENVIRONMENTAL PLANNING

Sec. 23, Vested Rights: Licensed Enviromental Planners Registered when
this Law is Passed, - All environmental planners who are already duly registered with
the Board under Presidential Decree No. 1308 and are holders of valid professional
identification cards issued by the Commission, and who are in good standing with the
accredited professional organization of environmental planners as of the time of the
effectivity of this Act shall be deemed automatically registered under this Act

Cenificates of registration and valid professional identification cards held by such
persons in good standing shall have the same force and effect as though issued after the
passage of this Act.

Sec. 24. Consulting Firms, Partnerships, Corporations, Associations and
Foundations Engaged in Environmental Planning Practice. — A consulting firm.

partnership, corporation, association or foundation may engage in the practice of

10


environmental planning in the Philippines: Provided, That they comply with the
following requirements:

(2) ‘The consulting firm, partnership. corporation or association applies for and is
issued a certificate of registration by the Board and the Commission to engage in
the practice of environmental planning in the Philippines: Provided That
majority of the partners of the partnership are registered and licensed
environmental planners: Provided, further, That the majority of the members of
the Board of Directors or members thereof shall be registered environmental
planners; and.

(b) The practice of the consulting firm, partnership, corporation or association in
environmental planning shall be carried out by duly registered eayironmental
planners.

See. 25. Use of Seal. — All registered environmental planners shall obtain a seal
of such design as the Board shall authorize and direct: Provided, 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 direct supervision of & registered
environmental planner shall be stamped with the said seal during the Tife 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 shall have expired
or shall have been revoked, unless said certificate shall have been renewed or re-issued,

Sec. 26. Continuing Professional Education. ~ The Board, in consultation with
the academe and the accredited professional organization, shal} prescribe guidelines in the
implementation of its Continuing Professional Education (CPE) programs, subject to the
approval of the Commission.

Sec. 27. Foreign Reciprocity.” No foreigner shall be admitted to the examination
or be given a certificate of registration o be entitled to any of the privileges under this
‘Act unless the country of which he or she is a subject or citizen specifically permits
Filipino environmental planners to practice within its territorial fimits on the same basis
as the subjects or citizens of such foreign state or country.

See. 28. Special/Temporary Permits for Foreign Environmental Planners ~
The practice of foreign environmental planners in the Philippines shall be governed by
the provisions of R.A. 8981, otherwise known as the PRC Modernization Act of 2000:
Provided, That forcign nationals who have gained entry in the Philippines to perform
professional services as environmental planners, render such services. prepare or produce
such documents as are within the scope of practice of environmental planners as set forth

in this Act, such as but not limited to being consultants in foreign-funded or assisted
1l


projects of the government, employed or engaged by Filipino or foreign contractors or
private firms, whether or not the nomenclature of the profession is specifically called in
their country of nationality as environmental planning, but who do not meet or wish to
comply with the requirements for admission to take the licensure examinations shall,
before assuming the duties, functions and responsibilities as environmental planners or
consultants, secure a special/temporary permit from the Board subject to the approval of
the Commission and the Department of Labor and Employment (DOLE), to practice the
profession in connection with the project to which they were commissioned: Provided.
‘That the following conditions are satisfied:

(a) That the forcign nationals are citizens or subjects of a country which specifically
permits Filipino professionals to practice their profession within the territorial
limits on the same basis as the subjects or citizens of such foreign country or
state;

(b) That they are legally qualified to practice environmental planning or urban and
regional planning, town and country planning or human settlements planning in
their own country, and that their expertise is necessary and advantagcous to the
Philippines, particularly in the aspects of technology transfer and specialization,

(c) That they shall be required to work with a Filipino counterpart and professional
fees and services and expenses of documentation pertaining to the project shall be
proportionately shared by both foreign and Filipino environmental planners,
including liabilities and taxes due to the Philippine government, if any, relative to
their participation therein, or professional services rendered to the project in
accordance with established rules and regulations; and

(d) That they shall obtain an employment permit from DOLE: Provided, That the
employment permit may be issued to 2 non-resident alien or to the applicant-
employer after a determination of the non-availability of a person in the
Philippines who is competent. able and willing al the Gime of application to
perform the services for which the foreign nationals are desired: Provided,
further, That the applicants’ country of nationality observes reciprocal conditions
for Filipino nationals.

Sec. 29. Indication of Certificate of Registration and Professional Tax
Receipt. - The cnvironmental planner shall be required to indicate one’s certificate of
registration, including the professional tax receipt number on the document one signs,
uses or issues in connection with the practice of one’s profession.

Sec. 30. Unlawful Practices Under This Act It shall be unlawful for any

person or group of persons to:
2


(a) offer or render planning services as defined in Section 4 or within the scope of
Section 5 of this Act unless one is a registered environmental planner,

() cause, induce, encourage or coerce the preparation of or implement any plan thar
is not signed by a registered environmental planner, when such plan is so required
by this Act to be signed by a registered environmental planner:

(©) amend, revise, duplicate or make copies of plans, designs, programs and other
documents prepared, signed and sealed by an environmental planner without
consent;

(d) sign one’s name, affix his seal or use any other method signature on plans,
specifications or other documents prepared by another environmental planner; or

(@) sign for any branch of the work or any function in environmental planning
practice not actually performed. except for the environmental planner-in-charge
who shall be fully responsible for ali plans, specifications and other documents
issued under one’s seal or authorized signature.

See, 31. Integration of the Profession. - All environmental planners shall be
integrated into one (1) national organization that is duly registered with the Securities and
Exchange Commission (SEC). The Board, subject to approval by the Commission, shall
accredit the said organization as the one and only integrated and accredited national
organization of environmental planners. All environmental planners whose mames appear
in the Registry Book of Environmental Planners shall ipso facto or automatically become
members thereof and shall receive thereto all the benefits and privileges upon payments
of APO membership fees and ducs, Membership in an alfiliate organization of
environmental planners shall not be barred.

Article V
ENFORCEMENT OF THE ACT AND PENAL PROVISIONS

Sec. 32, 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 or municipal government, to assist the Board and the
Commission in enforcing the provisions of this Act and to cause the prosecution of any
person violating the same.

Sec. 33. Positions in Government with Environmental Planning Functions. -
The Civil Service Commission (CSC) shall create positions and set qualification
standards for environmental planners at various fevels in government service including

government owned and controlled corporations and other entities. After the lapse of five

(5) sears from the effectivity of this Act only registered environmental planners shall be
appointed to the position of heads and assistant heads of groups, departments, divisions in

13


government offices, agencies bureaus or instrumentalities thereof, including govemment-
owned and controlled corporations, provinces, cities and municipalities, and sueb other
positions which require the knowledge. skills and competence of registered
environmental planners. Appointments made thereafter in violation hereof shall be
considered null and void.

See. 34. Civil Liability of Environmental Planners. - The environmental
planner-of-record in charge of the preperation of an environmental plan as well as other
members of the environmental planning team involved in the preparation thereof may be
held civilly liable in cases of serious or wholesale damage, failure or destraction of arty
project subject of or covered by an environmental plan that resulted in significant adverse
impact on affected stakeholders or the concerned ecosystem, within a period of ten (10)
years from the time of preparation of such plan, in cases where it is determined by a court
of competent jurisdiction that such damage, failure or destruction was foreseeable and
may be direcily attributed to gross negligence on the part of such environmental planner-
of-record and/or environmental planning team member or members, or to highly deficient
or inappropriate environmental planning methods, strategies, tools or techniques at
variance with generally accepted environmental planning principles, methods and
standards.

‘The government or any affected stakeholder may institure legal action to enforce
such liability within five (5) years from the time the damage or destruction occurs.

Sec. 35, Penal Provisi

practices under Section 30 hereof and/or any of the following acts shall, upon conviction.

— Any person who commits any of the unlawful

be sentenced by imprisonment of not less than six (6) months, nor more than five (5)
‘years or a fine or not less than One Hundred Thousand Pesos (Php100, 000.00) ner more
than Five Hundred Thousand Pesos (Php500, 000.00) or both, at the discretion of the
coun:
(@) Engaging in the practice of environmental planning in the Philippines without
having been registered or without having conformed to the provisions of this Act;
(b) Presenting or attempting to use as one’s own the certificate of registration andor
professional identification card of another registered environmental planner; or &
holder of a temporary/special permit:
(©) Giving any false or forged evidence of any kind to the Board, or impersonating
any registered environmental planner of a holder of a temporary/special permit:
(d) Using a revoked or suspended certificate of registration; or an expired or an~

renewed professional identification card or temporary/special; permit;


4 {e) Using in connection with one’s name or otherwise assuming, using or advertising

2 any tile or description tending to convey the impression that one is an
3 environmental planner without holding a valid certificate or registration and
4 professional identification card or a valid temporary/special permit;

5 (8) Implementing of causing the implementation of any plan not prepared and siymed

6 by a registered environmental planner in those cases where this Act requires that
1 these be prepared and signed by such a registered environmental planner; and
3 (g) Violating any of the provisions of this Act and the rules of regulations thereof.
9 In case the offender is a corporation, partnership, association, foundation or
0 juridical person, the penalty of imprisonment shall be imposcd on the environmental
\1planner-in-charge jointly and solidarily with the responsible professionals as well as the

12 controlling officer or officers thereof responsible for permilting or causing the violation.

13 Article VI
4 TRANSITORY PROVISIONS
5 Sec. 36. Transitory Provisions. — Within a period of five (5) years from the

16 effectivity of this Act, local government units may continue to issue appointments to
17 persons who are not registered environmental planners belonging to positions of local
1g planning and development coordinators, or chiefs of local planning and development
19 offices, only on a temporary status or acting capacity

20 The incumbent Chairperson and Members of the Board shall, in an interim
21 capacity, continue to carry cut their functions under the provisions of this Act without
22 need for new appointments as Chairperson and Members thereof until the first Board,
25 created under this Act, shall have been constituted or organized pursuant thercto.

74 Article VU
3 FINAL PROVISIONS
26 See. 37. Appropriations. - The Chairperson of the Professional Regulation

27 Commission shall immediately include in the Commission's programs the
28 implememiation of this Act, the funding of which shall be included in the annual General
29 Appropriation Act and thereafter.

30 See. 38. Legal Effect on Other Professions. - This Act shall not affect or
31 prevent the practice of any other legally recognized profession.

- The Board, subject to approval

Sec. 39. Implementing Rules and Regulation:

33. of the Commission, shall prescribe, promulgate, and issue the implementing rules and
34 regulations of this Act, after consultation with the APO, other agencies and concerned

private organizations, within ninety (90) days from the effectivity of this Act


See. 40. Separability Clause, - If any part or section of this Act shall be declared

unconstitutional, such declaration shall not invalidate the other provisions hereof.

See. 41, Repealing Clause, - Presidential Decree No. 1308 is hereby repealed.
AN other laws, orders, rules and regulations or resolutions or parts thereof inconsistent
with the provisions of this Act are hereby repealed or amended accordingly.

See. 42, Effectivity. - This Act shall take effect fiftcen (15) days following its
publication in the Official Gazette or in any newspaper of general circulation.

Approved,