Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
FIFTEENTH CONGRESS
First Regular Session

3801
HOUSE BILL NO.

Introduced by: HON. VICTOR J. YU and MARIANO U. PIAMONTE JR.

EXPLANATORY NOTE

The existing Geology Profession Law, which was enacted in June 1965 as
Republic Act No. 4209, has become largely obsolete in the effective regulation of the
practice of Geology at the present times. Hence, the urgent need to repeal the same
and enact a new law to be more realistic and relevant to current professional practice of
Geologists in the Philippines.

The proposed law will hasten the training and development of competent,
virtuous, and productive and multi-skilled Geologists whose standards of professional
practice and service shall be excellent, world-class and globally competitive through
regulatory measures, programs and activities.

The increasing scope of application of the Geology profession now necessitates
the need to redefine the practice of the said profession, and to clearly define the various
specialized branches of the same. The advent of science and technology advances in
the mineral and construction industries over the past four decades lead to the creation
of various fields of expertise and specialization such as mineral and energy resources
exploration, engineering geology, environmental geology, computer applications, etc.
such scientific and technology advances has resulted to a greater economic
appreciation of mineral resources and the importance of safe infrastructure in the
country.

The proposed law embodies provisions to clearly define and delineate the scope
of practice of the aforesaid various fields of specialization of the Geology profession.
Likewise, the enactment of environmental laws and the need to effectively address the


social concerns of local communities have become essential aspects of the geological,
mining and mineral processing professions and operations in the country.

In addition, the entry of the Philippines into regional and international covenants
and/or accords, likewise necessitate the need to amend the law to enable Filipino
Geologists to avail of the potential benefits of the said covenants and/or accords, such
as employment in the signatory countries.

Effectively, the proposed new law is designed to create more jobs and job
opportunities to Filipino Geologists.

The Professional Regulatory Board of Geology is by law, currently under the
administrative supervision of the Professional Regulation Commission. There are no
conflicts, overlapping or redundancies with the proposed measures repealing the Mining
Engineering Law and the Metallurgical Engineering Law.

Furthermore, the proposed measure is designed to implement more effective
professional regulation and at the same time promote and recognize the vital role of the
Geology profession in the economic development of our country as well as in nation
building.

Approval of this bill is earnestly sought.

MARIANO U. PIAMOWTE JR.
Principal Author Co-Author



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

3601

HOUSE BILL NO.

Introduced by: HON. VICTOR J. YU and HON. MARIANO U. PIAMON’

AN ACT
REGULATING THE PRACTICE OF GEOLOGY IN THE
PHILIPPINES, REPEALING FOR THE PURPOSE REPUBLIC ACT
NUMBERED FOUR THOUSAND TWO HUNDRED NINE (R.A. NO.
4209), OTHERWISE KNOWN AS "GEOLOGY PROFESSION LAW OF
‘THE PHILIPPINES" AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
Article I
TITLE, STATEMENT OF POLICY, DEFINITION OF TERMS AND
SCOPE OF PRACTICE

Section 1. Title. - This Act shall be known as the “Geology
Profession Act of 2010.”

Sec. 2. Statement of Policy. - It is hereby declared the policy
of the State to supervise and regulate the practice of geology which is
vital to national development; upgrade geology education and the
quality of geologists; and establish standards of professional practice
which shall be excellent, world-class and globally competitive through
regulatory measures, programs and activities.

Sec. 3. Scope. - This Act shall govern, but shall not be limited
to:

(a) the examination, registration, and licensure of geology

profession;

(b) the supervision, control and regulation of the practice of

geology:

(c) the development and upgrading of the curriculum of geology

education;


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(d) the development of the professional competence of geologists
through continuing professional development/education; and

(e) the integration of the geology profession.

Sec. 4. Definition of Terms. - As used in this Act, the
following terms shall mean as follows: eae Se

(a) “Practice of geology” shall mean the offering or rendering of
services of any of the specialized branches of geology for a
fee, salary, reward or compensation, paid to him/her or
through another person or persons, or even without such
reward or compensation.

(b) “Board” shall mean the Board of Geology.

(c) “Accredited Professional Organization (APO)" shall mean the
professional organization duly accredited by the Professional
Regulatory Board of Geologists and the Professional
Regulation Commission.

(4) “Continuing Professional Development/Education (CPDE)”
shall mean the inculcation, assimilation and acquisition of
knowledge, skills, proficiency and ethical and moral values,
after the initial registration of a professional that raise and
enhance his/her professional’s technical skills and
competence.

Sec. 5. Scope of Practice. - A person shall be deemed to be
practicing geology or rendering geological service in government,
industry and the academe when he/she undertakes geological work
for a fee, salary or remuneration or even without such reward or
compensation. ‘The scope of practice of a geologist shall include, but
not be limited, to the following:

(a) General geological survey or mapping, whether onshore or
offshore, to identify different types of rocks, geologic
structures, metalliferous and non-metalliferous mineral
deposits and/or energy resources such as petroleum, gas,
coal, geothermal and other renewable energy resources as

well as ground water resources;



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Mineral exploration for metalliferous and non-metalliferous
mineral resources and ore reserves outside active mining
areas and/or mine exploration to locate extensions or
orebodies inside mine operating areas;

Geological exploration for energy resources like petroleum,
gas and coal, and/or geothermal resources;

Study of geohazards due to faulting, volcanism, ground
subsidence, groundwater pollution, weathering and erosion;
their characteristics, and impact to the environment;
Hydrogeological studies which include search for
underground and surficial water resources, and determining
their characteristics, location, depth and volume, including

groundwater vulnerability assessment;

Investigation and study of the physical and geo-mechanical
characteristics of rocks and soils;

Gathering, processing and evaluating geologic data for
environmental assessment and management, including
conservation and bio-diversity projects;

Data processing, petrology, mineragraphy, paleontology,
geostatistics and laboratory studies that require geological
knowledge essential in data interpretation and in the
preparation of geological report;

Preparation of geological reports in accordance with best
practices and applicable laws and regulations;

Teaching of geological subjects in any academic program
leading to a professional degree, including refresher and
review courses; and

Other geologic work or service which, in the assessment and

opinion of the Board, constitutes the practice of Geology.

‘The Board, subject to approval by the Commission, may add or

exclude any act as the need arises after consultation with the
APO and the academe.


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Article I
CREATION OF THE PROFESSIONAL REGULATORY BOARD
OF GEOLOGY

See. 6. Composition of the Professional Regulatory Board
of Geology. - There is hereby created a Professional Regulatory Board
of Geology, hereinafter referred to as the Board, under the
administrative control and supervision of the Professional Regulation
Commission, hereinafter referred to as the Commission, composed of
a Chairperson and two (2) members to be appointed by the President
of the Philippines from among those recommended by the Commission
from the nominees of the duly Accredited Professional Organization
(APO) of Geologists. The new Board shall be constituted not later than
six (6) months from the effectivity of this Act.

Sec. 7. Powers and Duties of the Board. - The Board shall

have the following powers and duties:

(a) Supervise and regulate the practice of geology profession;

(b) Determine and evaluate the qualifications of the applicants
for registration;

(c) Prescribe the subjects in the licensure examinations,
determine the syllabi of the subjects and their relative
weights, construct the test questions in the examinations,
score ‘and <rdiesthe exadiination papers; and submitthe
examination results to the Commission;

(dj Issue together with the Commission, certificates of
registration and professional identification cards to
applicants who have passed the licensure examinations for
professional geologists;

(e) Issue special/temporary permits to foreign geologists. to
practice the profession:

(9 Inquire into conditions affecting the practice of the profession
and adopt measures for the enhancement and maintenance
of high professional, ethical and technical standards.
Pursuant thereto, the Board may inspect establishments

where geologists practice their profession such as mines,


plants, offices and the like in order to determine and enforce

compliance with the provisions of this Act and issue

certificates of compliance for the purpose; ~

(g) Inspect and evaluate the facilities, faculty, equipment and
other aspects directly related to the geology program of
educational institutions in coordination with the Commission
on Higher Education (CHED);

{hj Issue subpoena duces tecum to secure the attendance of
witnesses or the production of documents in connection with
administrative cases before the Board;

(i) Hear and decide adi

‘istrative cases filed against geologists
and firms employing the same. The hearing shall be presided
by the Chairperson or a member of the Board with the
assistance of a lawyer from the Commission. The decision of
the Board may be appealed to the Commission and to the
Court within fifteen (15) days from notice, otherwise the
decision shall become final and executory;

(i) Administer oaths in connection with the performance of its
functions;

(k) Adopt an official seal and prescribe the seal of the geology
profession;

() Submit an annual report on the proceedings and
accomplishments during the year and/or recommendations
of the Board to the Commission thirty (30) days after the
close of each calendar year;

(m) Prosecute or institute criminal action against any violator of
this Act and/or rules and regulations of the Board;

(n) Prescribe guidelines and criteria on the Continuing
Professional Development/Education (CPDE) program for
geology in consultation with the intégrated and accredited
professional organization of geologists;

(0) Perform regulatory, administrative, and quasi-legislative
functions as mandated under R.A. 8981, otherwise known as

the Professional Regulation Commission Modernization Act,


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and such other functions as may be necessary in order to
implement the provisions of this Act;

(p) Adopt the Implementing Rules and Regulations (IRR)
necessary for carrying out the provisions of this Act;

(q) Adopt a Code of Ethi

d_a_Code of Professional and

Technical Standards for the practice of geology profession;
and

(r} Investigate, in accordance with the rules on administrative
investigation promulgated by the Commission, violations of
this Act and its Implementing Rules and Regulations, the
Code of Ethics and the Code-of Professional and Technical
Standards for geologists, administrative policies, orders and
issuances promulgated by the Board.

Sec. 8. Qualifications of the Chairperson and Members of
the Board. ~The Chairperson and members of the Board, at the
time of his/her appointment must be:

(a) a natural born citizen and resident of the Philippines;

(b)a holder of at least a bachelor’s degree in geology as
conferred by a university or school of good standing,
recognized and accredited by the government;

(c) a registered geologist with a valid certificate of registration
and professional identification card and an active
practitioner for not less than ten (10) continuous years prior
to his/her appointment;

(d) a person who does not have any pecuniary interest, directly
or indirectly in any university, college, school or institution
conferring an academic degree necessary for the admission
to the practice of geology, or institutions where review
classes in preparation for the licensure examinations for
geologists are being officially offered or conducted; nor shall
he/she be a member of the faculty or of the administration
thereof prior to appointment to the Board; and

(c) a member of the Accredited Professional Association of

Geology but not a trustee or officer thereof.



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Sec. 9. Term of Office. - The Chairperson and every member of
the Board shall hold office for a term of three (3) years or until their
successors shall have been duly appointed. They may be reappointed
for another term of three (3) years immediately after the expiration of
their term but in no case shall the whole term exceed six (6) years.
Interim vacancies shall be filled for the unexpired portion of the term
only.

‘The Chairperson and members shall qualify by taking the
proper oaths prior to assumption of office.

Sec. 10. Compensation of the Board. - The Chairperson and
members of the Board shall receive compensation and allowances
comparable to that being received by the chairpersons and members
of other professional regulatory boards under the Commission as
provided for in the General Appropriations Act.

Sec. 11. Custodian of Records, Secretariat and Support. ~
All records of the Board, including applications for examinations,
examination papers and results, minutes of meetings, deliberations of
administrative and other investigative cases involving the Board shall
be kept by the Commission. The Commission shall designate the
Secretary of the Board and shall provide secretariat and other support
services to implement the provisions of this Act.

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

(a) gross negligence, incompetence or dishonesty in the

discharge of their 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, the Anti-Graft and Corruption Practices, and
other laws; or


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{c) manipulation or rigging of the results of the geology licensure
examination, disclosure of secret. and confidential
information on the examination questions prior to the
conduct thereof, or tampering of grades.

Sec. 13. Annual Report. - The Board shall submit an annual
report to the Commission after the close of each fiscal year giving
detailed account of Board proceedings during the year and embodying
such recommendations as the Board may desire to make.

Article II
LICENSURE EXAMINATION AND REGISTRATION

Sec. 14. Passing of Licensure Examination Requirement. -
Except as otherwise specifically allowed under this Act, applicants for
registration for the practice of geology shall be required to pass a
licensure examination as provided for in this Act.

See. 15. Holding of Examination. - Examination of
candidates applying for registration as geologist shall be given at least
once a year in such places and dates as the Commission may
designate in accordance with the provisions of Republic Act No. 8981,
otherwise known as the Professional Regulation Commission
Modernization Act.

Sec. 16. Scope of Examination. - In the licensure examination
for geologists, the scope of examinations, methods and procedures
shall be prescribed by the Board. The licensure examination shall
cover but shall not be limited to the following subjects:

(a) General Geology

(b) Petrology and Mineralogy, and

(c) Applied Geology -

The Board, subject to approval by the Commission, may revise
or exclude any of the subjects and their syllabi, and add new ones as
the need arises to conform to technological changes brought about by
continuing trends in the profession: Provided, That a detailed syllabi
of the above examinations covering the whole aspects of the geology

profession and practice shall be prepared by the Board.


Sec. 17. Qualifications for Examinations. - The

qualifications required for applicants to the licensure examination for

Geology are the following: go ae

(a) He/she is a Filipino citizen or a foreigner whose country has
reciprocity agreement with the Philippines;

(b) He/she is a graduate of a school, institute, college or
university recognized by the government and has been
conferred the degree of Bachelor of Science in Geology;

(c] He/she is of good moral character; and

(d) He/she must not have been convicted by a court of

competent jurisdiction of an offense involving moral
turpitude.

Sec. 18. Examination Fees. - Any applicant admitted to take
the geology licensure examination shall pay such fees as may be
prescribed by the Commission before he/she is allowed to take the
same.

Sec. 19. Rating in the Licensure Examination. - To pass the
licensure examination for geology, a candidate must obtain a general
or weighted average of no less than seventy per centum (70%) and a
rating of no Jess than fifty per centum (50%) in any examination
subject.

Sec. 20. Report of Ratings. - The Board shall complete the
correction of examination papers within three (3) days from the last
day of examinations. The Commission shall report the rating of
examinees not more than ten (10) days after the Board has completed
the correction of examination papers.

Sec. 21. Issuance of Certificates 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 fees 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



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all the privileges appurtenant thereto. Until withdrawn, revoked, or
suspended in accordance with this Act, it shall remain in full force
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

Sec. 22. Issuance of Certificates of Specialization. - Upon
nomination of the accredited professional organization of geology, the
Board shall issue a certificate of specialization to an applicant who is
a registered geologist and who has specialized knowledge, training and
experience in a specific field of geology and has documented his/her
expertise and competence on the same

Sec. 23. Seal of a Registered Geologist. ~ Every geologist
shall, upon registration, obtain a seal as prescribed by the Board.
Plans, specifications, reports, and other professional documents
prepared by or executed under the supervision of afid issued by the
registrant shall be stamped on every sheet with the said seal when
filed officially or when submitted for professional use.

Sec. 24. Fees for Registration. — Every person issued a
Certificate of Registration shall pay to the Commission such fees as
the Commission may prescribe.

Sec. 25. Issuance of Temporary/Special Permits. -
‘Temporary/special permits shall be issued to the following upon
proper application with the Board:

(a) foreign geologists, recognized as experts in their specific
fields of geology, called in by the Republic of the Philippines
for consultation or for specific design, installation or project:
Provided, That their practice shall be confined to such work

(b) foreign geologists who have distinguished themselves in their
respective fields of specialization, contracted as professors or

lecturers on geology subjects by Philippine schools, colleges,



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institutes or universities on a direct hire or exchange basis,
subject to verification of credentials by the Board; or

{c) foreign geologists who are duly registered under bilateral

or multilateral agreements where the Philippines is a
signatory.
Provided, That all the above shall secure a temporary/special permit
from the Board prior to arrival in the country.

Sec. 26. Exemption from Licensure Examination. - A holder
of a doctoral degree in Geology or an equivalent degree in any of the
specialized branches of geology obtained from a duly recognized
university shall be exempted from taking the licensure examination
upon evaluation of the Board. He/she shall be required, however, to
register in the same manner as those who will pass the licensure
examination.

Sec. 27. Refusal to Register. - The Board shall not register
any applicant for registration if he/she has been:

(a) convicted of an offense involving moral turpitude by a court

of competent jurisdiction;

(b) found guilty of immoral or dishonorable conduct by the

Board;
(c) summarily adjudged guilty for violation of the General
Instruction to Examinees by the Board; and

(@) declared of unsound mind by a 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. 28. Revocation or Suspension of the Certificates of
Registration and Cancellation of Temporary/Special Permit. -
The Board shall have the power, upon notice and hearing, to revoke or
suspend the certificate of registration of a registered geologist or to
cancel a temporary/special permit granted to a foreign geologist, for
any of the grounds or causes enumerated in Sec. 27 of this Act, except

in letter (c) thereof, and on any of the following grounds:


{a) violation of a provision of this Act, its Implementing Rules

and Regulations, Code of Ethics, and Code of Professional

and Technical Standards for the practice of geology;

(b) perpetration or use of fraud in obtaining his/her certificate
of registration, professional identification card, or
temporary /special permit; 7 is

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

(@) any act of misrepresentation in connection with an alleged
performance of geological activities;

(c) acts inimical to the geology profession;

(9 gross immorality;

(g) conviction by final judgment of any act involving moral
turpitude;

(h) aiding or abetting the illegal practice of a non-registered and
non-licensed geologist by allowing him/her to use his/her
certificate of registration and/or professional identification
card, or his/her special/temporary pérmit;

(i) illegally practicing the profession during his/her suspension
from the practice thereof; or

{j) addicted to a drug or alcohol abuse impairing his/her ability
to practice his/her profession, or declared with an unsound
mind by a court of competent jurisdiction.

Any person, firm or association may file charges against any

registrant in accordance with the provisions of this Section and the
Board may investigate charges against any registered geologist for any
of violations listed above. 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. The Board may
motu proprio conduct an investigation which shall be embodied in a
formal charge to be signed by at least a majority of the members of the
Board. The rules on administrative investigation issued by the

Commission shall govern the hearing or investigation subject to

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applicable provisions of this Act, R.A. No. 8981 and the Rules of
Court.

Sec. 29. Re-issuance of Revoked Certificate of Registration
and Replacement of Lost Certificate of Registration and
Professional Identification Card. - The Board may, after two (2)
years from the date of revocation of the certificate of registration, re-
issue a certificate upon proper application.

A new certificate of registration and professional identification
card, or temporary/special permit, which-has been lost, destroyed or -
mutilated, may be reissued after payment of the required fee
prescribed by the Commission

Article IV
PRACTICE OF GEOLOGY

Sec. 30. Prohibition from Practicing Geology. - No person
shall practice Geology or render geological service without a valid
certificate of registration and a valid professional identification card or
granted a temporary/special permit.

Sec. 31. Who May Practice Geology. - Except as may be
otherwise provided in this Act, only persons properly licensed and
registered may practice geology in the country. Duly registered
professional geologists may form partnerships among themselves and
use the title “Geologist” or “Registered Geologist” in their partnership
name,

Sec. 32. Vested Rights. - All practicing geologists who are
registered as geologist at the time this Act takes effect shall
automatically be registered under this Act.

Sec. 33. Foreign Reciprocity. - No foreign geologist shall be

granted any of the rights and privileges under this Act unless the

country of which he/she is a subject or citizen grants the same or
similar rights or privileges to Filipino geologists.

Sec. 34. Indication of Certificate of Registration and
Professional Tax Receipt. - A registered geologist shall be required
to indicate his/her certificate of registration number, the duration of

validity, including the professional tax receipt number and the

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accredited professional organization membership fee receipt number
on the documents he/she signs, uses or issues in connection with the
practice of his/her profession.

Sec. 35. Integration of Geology Professional Associations. -

All geology professional associations shall be integrated into one (1)
national professional organization which shall be recognized by the
Board, subject to approval by the Commission, as the only accredited
and integrated professional organization of geologists

All geologists whose names appear in the Registry Book of

Geologists shall ipso facto or automatically become members thereof
and shall receive all the benefits and privileges appurtenant thereto
‘upon payment of APO membership fees and dues. Membership in the
integrated accredited professional organization shall not be a bar to
membership in other geology organizations.
ARTICLE V
PENAL AND GENERAL PROVISIONS
Sec. 36. Penal Clause. - The following shall, upon conviction;
be punished by a fine of not less than Ten Thousand Pesos
(P10,000.00) but not more than One Million Pesos (P1,000,000.00) or
imprisonment of not less than one (1) month but not more than five
(5) years at the discretion of the court:

(a) Any person who shall practice geology in the Philippines, as
defined in this Act, without a valid Certificate of registration
and valid professional _ identification card, or
temporary/special permit in accordance with the provisions
of this Act, unless declared exempt from registration.

{b) Any person presenting or using as his/her own the certificate
of registration and/or professional identification card or
temporary /special permit of another.

(c) Any person who shall gi

e any false or forged evidence.

(4) Any person who shall impersonate any registrant of like or
different name.

(e) Any person who shall use a revoked or suspended certificate

of registration, and/or a valid professional identification

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card, or a valid temporary/special permit, or an
expired/non-current professional identification card, or an
expired cancelled temporary/special permit.

(), Any person who shall assume, use, or advertise any title or
description tending to convey the impression that he/she is a
geologist without having graduated as such, or is engaged in
the geology practice, without holding a valid certificate of
registration and a professional identification card, or a valid
temporary/special permit from the Board.

Sec. 37. Act Not Affecting Other Professions. - This Act shall
not affect or prevent the practice of any other legally recognized
profession.

Sec. 38. Enforcement of the Act by the Officers of the Law.
~ The Board shalll be assisted by the Commission in carrying out the
provisions of this Act and its implementing rules and regulations and
other policies. The lawyers of the Commission shall act as prosecutors
against illegal practitioners and other violators of this Act and its
rules. The duly constituted authorities of government shall likewise
assist the Board and the Commission in enforcing the provisions of
this Act and its rules.

Sec. 39. Implementing Rules and Regulations. - Subject to
the approval of the Commission, the Board shall adopt and
promulgate such implementing rules and regulations, the Code of
Ethies, and Code of Professional and Technical Standards of
Geologists to carry out the provisions of this Act. :

Sec. 40. Funding Provision. - 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.

Sec. 41. Transitory Provisions. -

(a) Faculty Members currently teaching major-geology subjects

in universities, colleges, institutes, or schools shall not be allowed to

continue teaching after five (5) years from the approval of this Act


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unless they are or they have become registered geologists with valid
certificates of registration and valid professional identification cards.

(b) The incumbent Chairperson and members of the Board shall
continue to function as an interim Board until such time as a new
Board shall be constituted under this Act.

Sec. 42. Separability Clause.
Act shall be declared unconstitutional or invalid, such shall not ~
invalidate any other section of this Act.

If any section or portion of this

Sec. 43. Repealing Clause. ~ Republic Act No. 4209 is hereby
repealed. All other laws, parts of law, orders, ordinances, or
regulations relative to the practice of geology which are inconsistent
with the provisions of this Act are hereby repealed or modified
accordingly.

Sec. 44. Effectivity. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in a newspaper of general
circulation

Approved,

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