Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

6313

House Bill No.

Introduced by Representative CARLOS “CHARLIE” 0. COJUANGCO

AN ACT REGULATING THE PRACTICE OF THE AGRICULTURE
PROFESSION IN THE PHILIPPINES, CREATING FOR THE PURPOSE A
PROFESSIONAL REGULATORY BOARD FOR AGRICULTURISTS, AND

APPROPRIATING FUNDS THEREFOR

EXPLANATORY NOTE

This bill was first filed during the Second Regular Session of the
Seventeenth Congress by Hon. Arthur C. Yap, then representative of the 3%
district of Bohol and is similar to a bill filed during the second regular session of
the Seventeenth Congress by Hon. Jose T. Panganiban, Jr, then representative
of ANAC-IP Party-List.

The enactment of the Agriculture and Fisheries Modernization Act of 1997
(AFMA) (Republic Act No. 8435) paved the way for the drafting of policies,
programs and projects and its implementation thereof. These policies, programs
and projects aim to aid in the modernization and development of the agriculture
and fisheries sector to cope with the fast-paced demands of globalization and for
our country to attain food security. However, the success of AFMA depends on
the skilled professionals of the agriculture and fisheries sector who shall provide
their technical expertise in the drafting and implementation of policies, programs
and projects towards the development of the sector.

Pursuant to the policies and objectives of AFMA, under Sec. 75 of its
Implementing Rules and Regulations, the Professional Regulation Commission
(PRC) through its Resolution No. 2000-663, promulgated the creation of a Board
of Agriculture under its supervision and control to oversee the licensing and
regulation of the practice of agriculture.


The bill seeks to permanently create a Board of Agriculture, much more to
promote and regulate the practice of the agriculture profession. This proposed
measure shall ensure the development of competent and well-rounded Licensed
Agriculturists whose standards of profession are aligned with the best practices
accepted in the global agriculture stage, thereby ensuring the continuing growth
and development of the professionals and experts in this field.

In view of the foregoing, the passage of the bill is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 6313

Introduced by Representative CARLOS “CHARLIE” 0. COJUANGCO.

AN ACT REGULATING THE PRACTICE OF THE AGRICULTURE PROFESSION
IN THE PHILIPPINES, CREATING FOR THE PURPOSE A PROFESSIONAL
REGULATORY BOARD FOR AGRICULTURISTS, AND APPROPRIATING FUNDS
THEREFOR

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

ARTICLE |
TITLE, DECLARATION OF POLICY, OBJECTIVES, AND DEFINITION OF TERMS

Section 1. Short Title - This Act shall be known as the "Professional Agriculturists
Act of 2020.”

Section 2. Declaration of Policy - The State recognizes the importance of
Licensed Agriculturists in nation-building and development. Hence, it shall develop
and nurture competent, ethical, globally competitive and well-rounded Licensed
Agriculturists who shall observe the highest standards of excellence, and whose
professionalism shall be fostered through the administration of transparent, credible
and relevant licensure examinations, a system of registration and self-regulation, and
through continuing professional development programs and activities.

Section 3. Objectives - The Act provides for and shall govern
(a) The examination, registration and licensure of Licensed Agriculturists;

(b) The supervision, control, and regulation of the practice of the Agriculture
profession in the Philippines;

(c) The development and upgrading of the Agriculture education and research in the
country;

(d) The development of the professional competence of Licensed Agriculturists
through Continuing Professional Development (CPD); and

(e) The integration of the Agriculture profession.

1


Section 4. Definition of Terms - For purposes of this Act, the following terms shall
be defined as:

(a) Accredited Integrated Professional Organization (AIPO) refers to the one and
only national organization of Licensed Agriculturists that is accredited by the
Professional Regulation Commission and Professional Regulatory Board for
Agriculturists;

(b) Agriculture refers to the art, science, ethics, management and
entrepreneurship in the production, processing, distribution of agricultural
products, services, and the mitigation of climate change in agriculture;

(c) Board refers to the Professional Regulatory Board of Agriculture;
(d) Commission refers to the Professional Regulation Commission;

(e) Practice of the Agriculture Profession refers to all activities, acts, services or
pursuits performed by Licensed Agriculturists as herein prescribed or
specified; and

() Licensed Agriculturist refers to a person who has been issued with a
Certificate of Registration (COR) and Professional Identification Card (PIC) to
practice the Agriculture profession.

ARTICLE Il
PROFESSIONAL REGULATORY BOARD OF AGRICULTURE

Section 5. Creation and Composition of the Professional Regulatory Board of
Agriculture - There is hereby created a Professional Regulatory Board of
Agriculture, hereinafter referred to as the Board, under the administrative supervision
and control of the Professional Regulation Commission, hereinafter referred to as the
Commission. The Board shall be composed of a chairperson and five (5) members.
Each member shall represent one of the six (6) fields of specialization listed in
Section 15, Article Ill hereof. The chairperson and members of the Board shall be
appointed by the President of the Philippines from the two (2) recommendees for
each position submitted by the Commission from a list of three (3) nominees for each
position submitted by the Accredited Integrated Professional Organization (AIPO) for
Licensed Agriculturists. Other professional agricultural organizations duly registered
with the Securities and Exchange Commission (SEC) may submit nominees, through
the AIPO.

The new Board shall be constituted within six (6) months from the effectivity of this
Act.

Section 6. Qualifications of the Chairperson and Members of the Board - The
chairperson and members of the Board must, at the time of their appointment:

(a) Be a Filipino citizen and resident of the Philippines;


(b) Be of good moral character and must not have been convicted of any crime
involving moral turpitude;

(c) Be a member in good standing of the AIPO for Licensed Agriculturists;

(d) Be a holder of a degree in Bachelor of Science in Agriculture or any other
agriculture-related course, preferably with an MA/MS and/or PhD in any
agriculture discipline obtained from a school, college or university recognized by
the government provided further that each member of the board shall serve in the
recognized expertise in one of the six (6) fields of specialization;

(e) Be a Licensed Agriculturist, with a valid Certificate of Registration (COR) and
Professional Identification Card (PIC), and with at least ten (10) years of relevant
experience in Agriculture prior to appointment;

(f) Must not be a member of the faculty, whether full-time or part-time, of any school,
college or university where a regular and/or review course in Agriculture is taught,
nor shall have any pecuniary interest, direct or indirect, in such institution; and

(g) Must not be an incumbent officer or trustee of the AIPO for Licensed
Agriculturists

Section 7. Scope of Practice of Agriculture —The Agriculture profession involves
‘services consisting of crop and animal production, processing and distribution, in
both urban and rural areas.

A person shall be considered in the practice of Agriculture if the nature and character
of his/her employment in the public or private enterprise requires professional
knowledge in the field of Agriculture. He/she is also deemed to be in the practice of
the Agriculture profession if he/she teaches any Agriculture subject in a university,
college or school or engages in academic research in any Agriculture-related topics
or extension.

The foregoing list notwithstanding, other activities which now or hereinafter may
require the application of knowledge, skills, training and expertise in Agriculture shall
be deemed to be within the scope of the practice of the profession, and as such,
shall be governed by the provisions of this Act.

Section 8. Powers and Functions of the Board - The Board shall have the
following powers and functions:

(a) Promulgate, administer and enforce rules and regulations, including the Code of
Ethics and Code of Technical Standards for Licensed Agriculturists to carry out
the provisions of this Act;

(b) Supervise and regulate the licensure, registration and practice of Licensed
Agricutturists;

(c) Determine and evaluate the qualifications of the applicants for issuance of the
COR, PIC and Special Temporary Permit (STP);

3


(d) Prepare and modify the questions for examination and prescribe the syllabi and
Tables of Specifications (TOS) of the subjects for examination and their relative
weights;

(e) Administer the Oath of Professional;
(f) Issue, suspend, revoke or reinstate the COR and PIC or STP for cause;

(g) Look into the conditions affecting the practice of Agriculture, adopt measures for
the enhancement of the profession and the maintenance of high professional,
technical, and ethical standards, and conduct inspection of places where
Licensed Agriculturists practice their profession;

(h) Inspect, in coordination with the Commission on Higher Education (CHED), the
prescribed facilities of universities or colleges offering the course or program of
Agriculture in order to ensure that the standards and essential requirements for a
qualified dean and faculty are properly complied with;

(i) Investigate violations of this Act, its Implementing Rules and Regulations (IRR)
and the Code of Ethics and Code of Technical Standards for Licensed
Agriculturists;

() Issue subpoena ad testificandum and subpoena duces tecum to secure the
attendance of respondents or witnesses or the production of documents relative
to the investigation conducted by the Board and the Commission;

(k) Prepare guidelines for the Continuing Professional Development (CPD), in
coordination with the AIPO for Licensed Agriculturists;

() Perform other powers, functions and duties as may be necessary to effectively
implement this Act.

The policies, resolutions, rules and regulations, orders and decisions issued or
promulgated by the Board shall be subject to review and approval of the
Commission. However, the Board's decisions, resolutions or orders which are not
interlocutory, rendered in an administrative case, shall be subject to review only if on
appeal.

Section 9 - Term of Office - The members of the Board shall hold office for a term
of three (3) years after appointment or until their successors shall have been
appointed and duly qualified: provided, that members of the first Board to be
appointed after the approval of this Act shall hold office for the following terms: the
two (2) members, one of whom shall be designated as Chairperson in the
appointment, shall serve for three (3) years, two (2) members shall serve for two (2)
years, and the other two (2) members shall serve for one (1) year.

Each member of the Board may only be reappointed for one full term of three (3)
years.

Any vacancy in the Board shall be filled for the unexpired portion of the term only
Each member shall take an oath of office prior to the assumption of duties.


Section 10. Compensation and Allowance of the Chair and Members 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 the other Professional Regulatory Boards under the
Commission as provided in the annual General Appropriation Act.

Section 11. Suspension and Removal of the Chair and Members of the Board -
The chairperson or member of the Board may be suspended or removed by the
President of the Philippines, upon recommendation of the Commission, for neglect of
duty, abuse of power, oppression, incompetence, unprofessional, unethical, immoral
or dishonorable conduct, commission or toleration of irregularities in the conduct of
examination or tampering of the grades therein, or for conviction by final judgment of
any criminal offense involving moral turpitude, after having been given the
opportunity to defend himself/herself in a proper administrative investigation.

Section 12. Supervision of the Board, Custodian of its Records, Secretariat
and Support Services - The Board shall be under the administrative supervision
and control of the Commission. All records of the Board, including applications for
examination, papers and results, minutes of deliberations, administrative and other
investigative cases involving Licensed Agriculturists, shall be kept by the
Commission.

The Commission shall designate the Secretary of the Board and other support
services to implement the provisions of this Act.

Section 13. Annual Report - The Board shall, within thirty (30) days from the close
of each calendar year, submit an annual report to the Commission, giving a detailed
account of its proceedings and accomplishments during the year and recommending
measures to be adopted, with the end in view of upgrading and improving the
conditions and practice of the Agriculture profession in the Philippines.

ARTICLE Ill
LICENSURE EXAMINATION AND REGISTRATION

Section 14. Licensure Examination - Unless otherwise provided, every applicant
seeking to be registered and licensed as a Licensed Agriculturist shall undergo a
written examination as provided for in this Act. Examination for the practice of the
Agriculture profession in the Philippines shall be given by the Board at least once
every year in such places and dates as the Commission may designate.

Section 15. Scope of Examination - A written examination shall be given to the
applicants for registration as Licensed Agriculturists, the scope of which shalll include
but not be limited to the following:

(a) Crop Science

(b) Animal Science

(c) Soil Science

(d) Crop Protection


(e) Agricultural Economics, Agribusiness and Farm Management; and
() Agricultural Extension and Communication

To conform with the technological and agricultural modernization, the Board may re-
cluster, re-arrange, modify, add to or exclude from any of the foregoing subjects, as
the need arises.

Section 16. lifications of Applicants for Examination - \n order to be admitted
to the Agriculturists Licensure Examination, a candidate must, at the time of filing of
application, establish to the satisfaction of the Board that:

(a) he/she is a citizen of the Philippines or a foreign country which has a policy on
reciprocity for the practice of the Agriculture profession.

(b) he/she is a holder of a Bachelor's Degree in Agriculture or any related course
from a school, college or university recognized by the Government;

(c) non-holders of Bachelor's degree in Agriculture but has post-graduate degree in
Agriculture from a school, college, or university recognized by the Government;
provided, that he/she has finished a minimum of thirty-six (36) units of agricultural
‘subjects.

(d) Incumbent holders of agriculture positions in the national, regional or local
government offices or agencies including government-owned and —controlled
corporations and have been engaged in agricultural functions acceptable to the
Board: provided, that they are holders of professional civil service eligibility;
provided, further, that he/she has finished a minimum of thirty-six (36) units of
agricultural subjects.

(e) he/she is of good moral character and has not been convicted of any crime
involving moral turpitude.

Section 17. Ratings in the Examination - In order for an examinee to pass the
examination, he/she must have obtained an average of at least seventy-five percent
(75%) in all subjects, with no rating below sixty percent (60%) in any subject
However, if an examinee obtains a general weighted average rating of seventy-five
percent (75%) or higher but obtained a rating below sixty percent (60%) in any of the
subjects, he/she shall be allowed to take the examination in the subject or subjects
where he obtained a grade below sixty percent (60%) only once.

An examinee who fails to pass the examination thrice shall be required to undergo a
one (1) year refresher course equivalent to thirty six (36) units and a review class
before he/she shall be allowed to re-take the examination.

Section 18. Release of the Results of Examination - The results of the
examination shall be released within ten (10) days from the last day of the
examination, unless otherwise extended for a valid reason.

Section 19. Registration without Examination — Upon approval of application and
payment of required fees, certificate of registration and professional license shall be
issued to the applicant for registration without examination who can prove to the

6


satisfaction of the Board that:

(a) She graduated from a school, college, or university recognized by the
Government with the degree of Bachelor of Science in Agriculture or bachelor
in Agricultural Technology or their related degrees, provided that s/he has a
curriculum weighted average (CWA) equivalent to 85% or higher;

(b) Non-holders of Bachelor's degree in Agriculture but has post-graduate degree
in Agriculture from a school, college, or university recognized by the
Government; provided, that he/she has finished a minimum of thirty-six (36)
units of agricultural subjects, provided that s/he has a curriculum weighted
average (CWA) equivalent to 85% or higher in his/her post-graduate degree in
Agriculture.

(c) This provision shall be effective for a period of three (3) years upon approval of
the Act.

Section 20. Issuance of the Certificate of Registration and Professional
Identification Card - A COR shall be issued to a successful registrant, with or
without examination, subject to the payment of fees prescribed by the Commission.
The COR shall bear the signature of the chairperson of the Commission and the
chairperson and members of the Board, stamped with the official seals of the
Commission and the Board, indicating that the person named therein is entitled to
practice the Agriculture profession, with all the benefits and privileges appurtenant
thereto. The COR shall remain in full force and effect until revoked or suspended in
accordance with this Act.

APIC bearing the registration number, and dates of issuance and expiry, duly signed
by the chairperson of the Commission shall likewise be issued to every registrant
upon payment of the required fees. The PIC shall be renewed every three (3) years,
upon compliance with the Continuing Professional Development (CPD), Certificate of
Good Standing (COGS) from the AIPO and other requirements of the Board and the
Commission; provided, further that incumbent professionals intending to renew their
licenses shall adhere to Section 16 (c) and (d) and Section 19 of this Act.

Section 21. Refusal to Register - The Board shall not register and issue a COR to
a registrant who has been convicted by a court of competent jurisdiction of any
criminal offense involving moral turpitude or found guilty of immoral or dishonorable
conduct after investigation by the Board or has been declared to be of unsound
mind. The reason for the refusal shall be set forth in writing.

Section 22. Revi jon _or ension_of the Certificate _of Registration,
Professional Identification Card or Cancellation of Special Temporary Permit —

The Board may, after giving proper notice of hearing to the party concerned, revoke
the COR and PIC of a Licensed Agriculturists or suspend him/her from the practice
of the profession or cancel his/her STP for any of the causes or grounds under
Section 20 hereof or for unprofessional or unethical conduct, malpractice, or violation
of any of the provisions of this Act, its IRR, Code of Ethics and Code of Technical
Standards for Licensed Agriculturists.

Section 23. Reinstatement, Reissuance or Replacement of Certificate of

7


Registration, Professional Identification Card and Special Temporary Permit —
The Board may, after two (2) years from the date of revocation of COR, reinstate any
revoked COR and reissue a new PIC.

A new COR and PIC or STP may be issued to replace lost, destroyed or mutilated
ones, subject to such rules as may be promulgated by the Board and the
Commission.

Section 24. Roster of Professional Agriculturist - The Board, in coordination with
the AIPO, shall prepare, update and maintain a Roster of Licensed Agriculturists,
which shall contain their residence and office addresses, dates of registration and
other data which the Board may deem pertinent.

Section 25. Issuance of Special Temporary Permit - Upon application and
payment of the required fees and subject to the approval of the Commission, the
Board may issue an STP to a foreign Licensed Agriculturist whose services are
urgently needed due to the absence of or inadequacy of local Licensed Agriculturists
for the purpose of promoting or enhancing the practice of the Agriculture profession
in the Philippines.

The Board shall issue the conditions for the grant of the STP, which shall include but
not be limited to the designation of local understudy for every foreign Professional
Agriculturist to be employed or engaged in the Philippines.

Section 26. Foreign Reciprocity - No foreign Professional Agriculturist shall be
admitted to the examination or be given a COR or PIC and be entitled to any of the
privileges under this Act unless the country of which he/she is a citizen specifically
allows Filipino Licensed Agriculturists to practice within its territorial limits on the
same basis as the citizens of such foreign country.

ARTICLE IV
PRACTICE OF AGRICULTURE PROFESSION

Section 27. Oath - All persons qualified for registration, with or without examination,
shall be required to take an oath of profession before any Member of the Board or
any government official authorized by the Commission to administer oaths prior to
entering into the practice of the Agriculture profession

Section 28. Act Constituting the Practice of Agriculture Profession - Any single
act or transaction embraced within the provision of Section 7 hereof shall constitute
an act of engaging in the practice of the Agriculture profession.

Section 29. Pi ional Title A, lage - Only a Licensed Agriculturist as herein
defined may append after his/her names the title “L.Agr.”

Section 30. Prohibition Against the Unauthorized Practice of Agriculture
Profession - No person shall practice the Agriculture profession in the Philippines or
offer himself/herself as a Licensed Agriculturist, or use the title, word, letter, figure, or
any sign tending to convey the impression that one is a Licensed Agriculturist, or
advertise or indicate in any manner whatsoever that one is qualified to practice the
profession unless he/she has complied with all the requirements for registration, with

8


or without examination, and is a holder of a valid COR and PIC or a valid STP duly
issued by the Board and the Commission.

Section 31. Prohibition Against Corporate Practice - The practice of the
agriculture profession is a professional service admission to which shall be
determined upon the bases of the individual's personal qualifications.

No firm, company, partnership, association or corporation may be registered or
licensed to practice the agriculture profession; Provided, however, that persons
registered and licensed as agriculturists may, among themselves, form a firm,
partnership or association using the term “Agriculturists” and obtain registration with
the Securities and Exchange Commission (SEC) or with the appropriate agency of
the Government, as the case may be. Nobody shall be allowed to be a member,
partner or associate in such firm, partnership or association unless he is a duly
registered and licensed agriculturist.

Section 32. Employment of Agriculturists in the Government - National and

regional government agencies concerned in agriculture activities shall ensure that all
existing technical plantilla positions are occupied by Licensed Agriculturists.

All existing technical plantilla positions of Provincial, City, and Municipal
Agriculturists Offices shall be occupied by Licensed Agriculturists, including all
agriculture technical positions therein. For this purpose, a position is deemed to be
technical when the same primarily requires the professional knowledge and skills of
a Licensed Agriculturists as may be determined by the Board.

All agriculture technical personnel hired on contractual, job order, or project-based
basis shall be licensed agriculturists.

The Board shall assist in the development of Position Classification Standards for
relevant government plantilla positions, in collaboration with Civil Service
Commission and other appropriate national and local government agencies.

Section 33. Employment of Agriculturists in the Private Sector — Private
agricultural corporations and enterprises shall allocate at least one (1) Licensed
Agriculturist.

All corporate farms, golf courses, agri-tourists, agri-related corporations/businesses
and other similar institutions or facilities involved in agriculture must employ such
number of Licensed Agriculturists in accordance with the guidelines to be issued by
the Board and the Commission.

Section 34. Accredited Integrated Professional Organization (AIPO) - All
Licensed Agriculturists shall have one (1) national organization, which shall be
recognized by the Board and the Commission as the one and only AIPO for
Licensed Agriculturists.

A Licensed Agriculturists duly registered with the Board and the Commission shall
automatically become a member of the AIPO and shall receive all the benefits and
privileges appurtenant thereto, upon payment of the prescribed fees and dues.

Membership in the AIPO shall not bar membership in other associations of Licensed

9


Agriculturists.

Section 35. Code of Ethics for Agriculture Profession - The Board shall prescribe
and promulgate the Code of Ethics and Code of Technical Standards for Licensed
Agriculturists, in consultation with the AIPO.

Section 36. Vested Rights: Automatic Registration of Agriculturists - All
Licensed Agriculturists who are registered and licensed at the time this Act takes

effect shall automatically be registered hereunder.

ARTICLE V
PENAL AND FINAL PROVISIONS

Section 37. Penal Provision - Any violation of this Act, its IRR, Code of Ethics and
Code of Technical Standards or other regulatory policies of the Board and the
Commission, shall be meted the penalty of a fine of not less than One Hundred-Fifty
Thousand Pesos (P 150,000.00), but not more than Five Hundred Thousand Pesos
(P500, 000.00), or imprisonment for not less than six (6) months but not more than
six (6) years, or both, at the discretion of the court.

Section 38. Appropriations — The chairperson of the 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 and thereafter.

Section 39. Transitory Provisions - The existing Board of Agriculture shall
continue to function in the interim until such time that the new Board shall have been
constituted pursuant to this Act.

Section 40. Implementing Rules and Regulations - The Board, subject to the
approval by the Commission, and in coordination with the AIPO, shall issue and
promulgate the implementing rules and regulations within one hundred twenty (120)
days from effectivity of this Act.

Section 41. Separability Clause - If any clause, sentence, paragraph or part of this
Act shall be declared unconstitutional or invalid, such judgment shall not affect,
invalidate or impair any other part of this Act.

Section 42. Repealing Clause - All laws, decrees, executive orders, memorandum
orders, and other administrative issuances or parts thereof which are inconsistent
with the provisions of this Act, are hereby modified, superseded or repealed
accordingly.

Section 43. Effectivity - This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or in any major newspaper of general circulation in
the Philippines.

Approved.