Republic of the Philippines
i /
HOUSE ete 20 DEC i2 -
oe {oyth fy
Fifteenth Congress
Third Regular Session

House Bill No, 6794 ; _ op

Introduced by: Hon. Maria Isabelle G. Climaco

EXPLANATORY NOTE

Philippines is considered to be one of the riches country in terms of natural resources. It
is composed of more than 7,100 islands and is blessed with fertile lands, diverse flora and fauna,
extensive coastlines, and rich mineral deposits.

But because of modernization, our natural resources are slowly depleting leaving us with
denuded forest, dead river beds, and solid management problems causing floods, soil erosion,
and air and water pollution.

To address this growing environmental problem, Philippine Environmental Laws must be
strictly complied with and this will require the expertise of Environmental Engineers. Without
Environmental Engineering there will be discharge of untreated wastewater in the different
bodies of water which causes water pollution rendering it to be unsafe, polluted emissions from
smokestacks causing air pollution hence health problems, solid waste management problems and
other environmental hazards. Environmental Engineering, sometimes known as sanitary
engineering or public health engineering, as a solution applies science and engineering principles
to improve the environment, provide healthy and clean water, air, and land for human habitation
and for other organisms. Environmental Engineering promotes the discharge of treated effluent
from wastewater treatment facilities into receiving bodies of water, provide for air pollution
control facilities, and proper waste management and disposal as well as design solutions for
other environmental problems particularly those concerned with local and global environmental
issues such as the effects of acid rain, ozone depletion, water pollution and air pollution from
automobile exhausts and industrial sources.

Thus, the passage of this bill is eamestly sought.

& Whtu FG. Be
RIA ISABELL¥ G. CLIMACO
1* District, Zamboanga City



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
‘Third Regular Session

House BillNo. 6794

Introduced by: Hon. Maria Isabelle G. Climaco

AN ACT
PROVIDING FOR A MORE RESPONSIVE AND COMPREHENSIVE REGULATION
FOR THE PRACTICE OF ENVIRONMENTAL ENGINEERING IN THE PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippines in congress
assembled:

ARTICLE I
TITLE OF THE ACT AND DEFINITION OF TERMS

Section 1. Title of the Act. This Act shall be known as the “Environmental Engineering
Law of the Philippines.”

Section 2. Definition of Terms.

a. Environmental Engineering — It is the application of science and engineering principles to
protect and improve the environment including but not limited to air, water, and/or land
resources, to provide safe water, air, and land for human habitation and for other
organisms, and to remediate polluted sites.

b. “Environmental Engineer”- a person duly registered with the Board of Environmental
Engineering under this Act and is authorized to practice environmental engineering in the
Philippines.


Section 3. Scope of Practice. — The scope of practice of environmental engineering,
within the meaning and intent of this Act, shall embrace, inter alia, professional services in the
form of:

a. Planning, designing, supervising, modifying or improving waste collection, treatment,
and disposal facilities; water supply, source evaluation, conveyance, treatment and
distribution systems; solid waste, toxic, hazardous and radioactive wastes collection,
‘treatment and disposal systems;

b. Supervising the operation of environmental engineering facilities or programs such as
solid, toxic, hazardous and/or radioactive treatment facilities, wastewater treatment
plants, air pollution control facilities and/or water works;

c, Conducting and preparing technical reports and other related documents required for
works listed in subsection 3.a;

d. Investigating and studying physical phenomena to develop programs and methods to
conserve natural resources and prevent, abate, or control pollution of the environment;

¢. Planning comprehensive programs to enhance the environment, developing and
managing programs for the use or protection of such resources in order to attain
sustainable development;

f. Carrying out relevant research, development, planning, design, advisory, consultancy and
other related engineering activities in order to achieve sustainable development;

2. Conduct and prepare environmental impact assessment of projects and undertakings, and
other environmental compliance reports as may be required by law;

h. Teaching Environmental Engineering subjects in schools, institutions, colleges and
universities of learning:

i, Employment with the government, provided such item or position requires the knowledge
and experience of an Environmental Engineer.

Section 4. Employment of Environmental Engineers — Firms, companies, partnerships or
associations who are engaged in the installation, construction, manufacture or sale of
environmental equipments, facilities and other environmental engineering processes, shall hire or
engage the services of at least one (1) registered environmental engineer. Furthermore,
industries, establishments, institutions, waterworks, and facilities which generate, treat, discharge
and/or dispose waste shall also be required to hire or engage the services of at least one (1)
registered environmental engineer who shall at the same time perform functions of a Pollution
Control/Environmental Officer.

The proprietor or manager of a firm, partnership or association which employs a licensed
environmental engineer shall post or cause to be posted in a conspicuous place within the place
of business of the firm, partnership or association, the certificate of registration of the
environmental engineer.


ARTICLE I.
BOARD OF ENVIRONMENTAL ENGINEERING

Section 5. Creation of a Board of Environmental Engineering. — Within thirty (30) days
after the approval of this Act, there shall be created a Board of Environmental Engineers,
hereinafter referred to as the Board, which shall be composed of a chairperson and two (2)
members. They shall be appointed by the President of the Philippines from among those
recommended by the Society of Environmental Engineers of the Philippines (SEEP), which shall
be the accredited professional organization for environmental engineers.

Section 6. Tenure of the Board Member. ~ The members of the Board shall hold office
for a term of three (3) years after their appointment until their successors shall have been
appointed and shall have duly qualified: Provided, however, That the members of the Board first
appointed under this Act shall hold office for the following terms: one member for one (1) year;
cone member for two (2) years; and one member for three (3) years. Each member of the Board
shall qualify by taking the proper oath of office before assumption of his duties.

Section 7. Qualification of Board Members ~ Each member of the Board shall, at the time

of his appointment, possess the following qualifications:

a. A citizen of the Philippines;

b. At least 30 years old and of good moral character;

c. A holder of a Bachelor’s degree in Environmental Engineering or its equivalent from
a recognized and legally constituted institution of higher learning and with at least
five (5) years of practical experience in environmental engineering prior to his/her
appointment; or a degree holder of any field of engineering with Masters and/or
Doctorate degree in Environmental Engineering and with at least three (3) years of
practical experience in environmental engineering prior to his/her appointment;

d. A registered environmental engineer duly qualified to practice environmental
engineering in the Philippines. The members of the first Board shall be deemed
automatically registered as environmental engineers upon assumption of their duties
as members of the Board.

e. Not a member of the faculty of any school, college or university where a regular
course in environmental engineering is taught, nor have pecuniary interest in such
institution. No former member of the faculty of any school, institute or university
where environmental engineering is taught can become a member of the Board unless
s/he has stopped teaching for at least three consecutive years.

Section 8. Causes for Removal from Office. - Any member of the Board may be deemed
removed from office for neglect of duty, incompetence, malpractice, unprofessional, unethical,


immoral or dishonourable conduct after having been given the opportunity to defend himself in a
proper administrative investigation; Provided, That during the process of investigation, the
President of the Philippines shall suspend such member under investigation and shall appoint a
temporary member in his place. Vacancies in the Board shall be filled for the unexpired term

only.

Section 9. Powers and Functions of the Board. ~ The Board shall have the following
powers and functions:

a.

b.

Issue certificates of registration for the practice of environmental engineering and
suspend or revoke the same for causes provided herein;

Issue certificates of recognition to environmental engineers already registered under
this Act for specialized training undertaken in solid waste management, toxic,
hazardous and radioactive wastes, water and wastewater treatment, air pollution,
climate change, and sustainable development, or in any branch of environmental
engineering, subject to the approval of the Professional Regulations Commission,
herein after referred to as Commission;

Approve registration without examination and the issuance of corresponding
certificates of registration in accordance with Section 13 of Article III of this Act;
Determine and prepare the contents of licensure examinations; score and rate the
examination papers and submit the results thereof to the Commission within twenty
(20) days after the last examination day;

Adopt a Code of Ethics in the practice of environmental engineering;

Adopt an official seal to authenticate its official documents;

Inspect, in coordination with the Commission on Higher Education, at least once a
year, educational institutions offering courses in environmental engineering in the
Philippines to ensure that these institutions maintain a high standard of environmental
engineering education;

Prepare syllabus for environmental engineering licensure examination;

To look into, from time to time, the conditions affecting the practice of environmental
engineering profession and adopt measures necessary for the enhancement of the
environmental engineering profession including, but not limited to, the preparation of
materials necessary for the mandatory continuing education of environmental
engineers;

Investigate violations of this Act and the rules and regulations hereunder as may
come to its knowledge and, for this purpose issue subpoena and subpoena duces
tecum to secure the appearance of witnesses and exhibition of the documents and
other evidence necessary in connection with the performance of its functions;
Delegate the conduct of hearing or investigation of administrative cases filed before
the Board;


1. Promulgate decisions on such administrative cases subject to the review by the
Commission;

m. Issue, with the approval of the Commission, such rules and regulations as may be
deemed necessary to carry out the provisions of this Act; and

n. Discharge such other powers and duties as may affect professional, ethical and
technological standards of the environmental engineering profession in the
Philippines.

Section 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 existing regulatory boards with Professional Regulations
Commission (PRC), hereinafter referred to as the Commission, as provided for in the
General Appropriations Act.

Section 11. Supervision of the Board, Custodian of its Records, Secretarial and Support
Services —The Board shall be under the administrative supervision of the Commission.
Alll records of the Board, including the application for examination, examinations papers
and results, minutes of deliberation, administrative cases and other investigations
involving Environmental Engineers shall be kept by the Commission. The Commission
shall designate the Secretary of the Board and shall provide the secretariat and other
support services to implement the provisions of this Act.

Section 12. Annual Report. ~ The Board shall, at the end of each calendar year, submit to
the Commission a detailed report of its activities and proceedings during the year embodying
also such recommendations as it may deem proper to promote the policies and objectives of this
Act.

ARTICLE II
EXAMINATION AND REGISTRATION

Section 13. Registration Required. ~ Upon the effectivity of this Act, no person shall
practice or offer to practice environmental engineering in the Philippines without having
obtained the proper certificate of registration from the Board.

Section 14. Examination Requirements. — Except as otherwise permitted under Section 15
of this Title, all applicants for registration for the practice of environmental engineering shall be
required to pass the professional examination as herein provided.

Section 15. Registration without Examination — A certificate of registration for
environmental engineers shall be issued to any applicant by the Board first constituted, without


requiring the passing of the examination herein prescribed; Provided, That he/she registers
within three (3) year after the constitution of the said Board and that he/she possesses the
following qualifications:

a

b.
Ci
d.

He/She must be at least twenty-one (21) years old;

He/She must be a Filipino citizen;

S/He must have practiced environmental engineering; and

S/He must have any of the following academic and/or training background or
experience:

1. A degree in environmental engineering or its equivalent from a recognized
and legally constituted school, college or university, plus at least two (2) years
of environmental engineering experience;

2. A degree in any field of engineering plus a masters and/or doctorate degree in
environmental engineering from a recognized and legally constituted school,
college or university, plus at least three (3) years of environmental
engineering experience;

In lieu of the two (2) year experience required under this section, the applicant for
registration without examination must complete a modular refresher course covering the
five (5) major subjects in Environmental Engineering as prepared by SEEP and approved
by the Board and the Commission.

Section 16. Holding of Examination. ~ Examination for candidates desiring to practice
environmental engineering in the Philippines shall be given once a year in Metro Manila, and at
such other regions with a minimum of fifty (50) examinees, at such dates to be determined by the
Commission.

Section 17. Subjects of Examination. - Applicants for certificates of registration as
environmental engineers shall be examined on the following subjects and shall be given the
respective weighted percentage:

as

4.

Engineering Mathematics (20%) — algebra, trigonometry, differential and integral
calculus, differential equations, statistics, solid mensuration and fluid mechanics;

. Environmental Engineering Sciences (20%) - Environmental chemistry and

microbiology, environmental resources, environmental science, ecology,
environmental geology, environmental engineering hydrology;

. Environmental Engineering Theory, Design and Practice (40%) ~ including but not

limited to: Air and Noise Pollution Control Engineering; Water and Wastewater
Engineering Design; Solid & Hazardous Waste Management; and
Environmental Impact Assessment and Environmental Laws (20%)


The said subjects and their syllabi may be amended by the Board so as to conform to
technological changes brought about by continuing trends in the profession.

Section 18. Rating in the Board Examination - To be qualified as having passed the
Board examination for environmental engineers, a candidate must obtain a weighted general
average of seventy percent (70%), with no grades lower than fifty percent (50%) at any subject,
provided, however, that the weighted average in Environmental Engineering Theory, Design and
Practice shall not be lower than seventy percent (70%). However, an examinee who obtains a
weighted general average rating seventy percent (70%) or higher but obtains a rating below fifty
percent (50%) in any given subject, or seventy percent (70%) in the case of Environmental
Engineering Theory, Design and Practice, s/he must take the examination in the subject or
subjects where s/he obtained a grade below fifty percent (50%), or seventy percent (70%) in the
case of Environmental Engineering Theory, Design and Practice.

Section 19. Conditional Examination An applicant for examination who fails to pass the
examination for the third time shall be allowed to take another examination only after the lapse
of one (1) year from the last examination taken and having completed a refresher course;
Provided, that the first examination and the removal examination, if s/he fails, shall be
considered as one failure.

Section 20. Qualifications for Examination. ~ Any person applying for admission to the
environmental engineering examination as herein provided shall, prior to the dates of the
examination, establish to the satisfaction of the Board that s/he has the following qualifications:

a. A citizen of the Philippines;
b. Atleast twenty-one (21) years old; and
c. A holder of any of the following:
1, Bachelors degree in environmental engineering or its equivalent acceptable to
the Board;
2. Bachelors degree in any other field of engineering with masters and/or
doctorate degree in environmental engineering with three (3) years
environmental engineering experience.

Section 21. Oath of Environmental Engineers. — All successful candidates in the
examination shall take the prescribed professional oath before the Board or before any other
government official authorized to administer such oath prior to entering the practice of the
profession.

Section 22. Issuance of Certificates of Registration and Professional License. — The
Board shall issue a certificate of registration and professional license to the successfull examinees


after having undertaken the professional oath as prescribed in the preceding section, and upon
payment of the registration fee as required by the Commission.

Section 23. Exception from Registration. Registration shall not be required of foreign
environmental engineers or experts called in by the Philippine Government for consultation for
specific environmental engineering services as defined under this Act; Provided; that this
practice shall be limited to such work; And Provided, further, That they do not engage in private
practice at their own account as environmental engineers.

Section 24. Refusal to Issue Certificate of Registration. ~ The Board shall not issue a
certificate of registration to any person who suffers from the following disqualifications:

a. Conviction by final judgment by a court of competent jurisdiction of any criminal

offense involving moral turpitude;

b. Conviction by final judgment in administrative case of any offense involving
immorality or notoriously undesirable conduct; and
Has an unsound mind. In case of refusal to issue a certificate, the Board shall issue to
the applicant a written statement setting forth the reasons for such refusal

Section 25. Suspension and Revocation. — The Board shall have the power, after due
notice and hearing, to suspend and/or revoke the certificate of registration previously issued for
any cause/s mentioned in the preceding section,

Section 26. Engineering Services of a Registered Environmental Engineer. ~

All plans and documents and/or alterations thereof relating to projects and undertakings
which shall pose or threatens to pose significant environmental impacts to the environment shall
not be considered valid without the signature and seal of a registered environmental engineer.

Section 27. Roster of Environmental Engineers. — A roster showing the names and places
of business of all registered environmental engineers shall be prepared and kept by the Board and
by the Secretary of the Commission. Copies of this roster shall be furnished to all building
officials and government agencies involved in the protection and conservation of the
environment, and shall be made available to the public upon request.

Section 28. Re-issuance and Replacement of Certificate. — The Board may, after the
expiration of one (1) year from the date a certificate of registration is revoked and for valid
reasons, entertain an application for the issuance of a new certificate of registration.

Section 29. Use of Seal. — All registered environmental engineers shall obtain a seal of
such design as the Board shall authorize and direct; Provided, however, That the serial number
of the certificate issued by the Board shall be included in the design of the seal. Plans and


specifications prepared by, and under the direct supervision of a registered environmental
engineer shall be stamped with said seal during the life of the registrant’s certificate, and it shall
be unlawful for any person to stamp or seal any documents with said seal after the certificate of
registrant named thereon has expired or has been revoked, unless said certificates shall have been
renewed or re-issued.

Section 30. Firms and Corporations engaged in Environmental Engineering practice ~ A
firm, partnership, corporation or association may engage in the practice of environmental
engineering in the Philippines: Provided, That such practice is carried out under the supervision
of an environmental engineer or environmental engineers holding valid certificates issued by the
Board.

ARTICLE IV
ENFORCEMENT OF ACT AND PENAL PROVISION

Section 31. Enforcement by Government Officials and Officers of the Law — It shall be
the duty of all government officials and duly constituted law officers of the national, provincial,
city and municipal governments, to assist the Board and the Commission in enforcing the
provisions of this Act and to prosecute any person violating the same. In this connection, head of
government offices, departments, bureaus, government-owned or controlled corporations,
provincial governors, and city and municipal mayors shall appoint only qualified and/or
registered environmental engineers to positions requiring the knowledge, skill, and competence
of environmental engineers.

Section 32. Penal Provision. — Any person committing any of the following acts shall,
upon conviction, be sentenced by imprisonment of not less than six (6) months, nor more than
five (5) years, or a fine of not less than ten thousand (Php 10,000.00) nor more than fifty
thousand (Php 50,000.00) or both, in the discretion of the Court:

a. Engaging in the practice of environmental engineering in the Philippines without
having been registered or without having conformed to the provisions of this Decree;

b. Presenting or attempting to use as his own the certificate of registration of a registered

environmental engineer;

Giving any false or forged evidence of any kind to the Board, or impersonating any

registered environmental engineer;

d. Attempting to use a revoked or suspended certificate of registration;

e. Using in connection with his name or otherwise assuming, using or advertising any
title or description tending to convey the impression that he is an environmental
planner without holding a valid certificate of registration; or



f. Violating any of the provisions of this Act. In case the offender is a corporation,
partnership or juridical person, the penalty of imprisonment shall be imposed on the
officer or officers responsible for permitting or causing the violation.

ARTICLE V
MISCELLANEOUS PROVISIONS

Section 33. Reciprocity Requirements. — No person who is not a citizen of the Philippines
at the time he/she applies to take the examination shall be allowed to take it unless he can prove
in the manner provided by the Rules of Court that, by specific provision of law, the country of
which he is a citizen, subject, or national either admits citizens of the Philippines to the practice
of the same profession without restriction or allows them to practice it after an examination on
terms of strict and absolute equality with citizens, subjects, or nationals of the country
concerned, including the unconditional recognition of degrees issued by institutions of learning
duly recognized for the purpose by the Government of the Philippines; Provided, That if he is
not a citizen of the Philippines, and was admitted to the practice of a profession in the
Philippines before the enactment of this law, his active practice in that profession, cither in the
Philippines or in the state or country where he was practicing his profession, shall not have been
interrupted for a period of two years or more prior to this enactment, and that the country or state
from which he comes allows the citizens of the Philippines by specific provision of law, to
practice the same profession without restriction or on terms of strict and absolute equality with
citizens, subjects or nationals of the country or state concerned.

Section 34. Appropriations ~ The Chairperson of the Professional Regulation
Commission shall immediately include in the Commission’s programs the implementation of this
Act, the funding of which shall be included in the annual General Appropriations Act.

‘The amount necessary to carry out the initial implementation of this Act shall be charged
against the current year’s appropriations of the Professional Regulations Commission.
‘Thereafter, such sums as may be necessary for the continued implementation of this Act shall be
included in the succeeding General Appropriations Act (GAA).

Section 35. Repealing Clause. — All laws, parts of laws, decrees, orders, letters of
instructions and ordinances, or regulations in conflict with the provisions hereof, are hereby

repealed or modified accordingly.

Section 36. Separability Clause. — If any part or section of this Act shall be declared
‘unconstitutional, such declaration shall not invalidate the other provisions hereof.

Section 37. Effectivity. ~ This Act shall take effect upon its approval.