SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session

HOUSE OF REPRESENTATIVES

4

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 4475

EXPLANATORY NOTE

Agricultural Engineers play a very important role in national development. Because of this,
the Philippine Congress have enacted in 1998 Republic Act No. 8559 otherwise known as
the “Philippine Agricultural Engineering Act of 1998". After 15 years from the enactment of
this law, the Philippine Agricultural Engineering Profession faces many technological
developments and global issues and concems that need to respond and align for it to
become more competitive

Worldwide, Agricultural Engineering Profession have transformed into Agricultural and
Biosystems Engineering, a profession which ensures the necessities in life: safe and plentiful
food to eat, pure water to drink, clean fuel and energy sources, and safe and healthy
environment to live.

In preparation for the upcoming ASEAN Economic Community by 2015, the Philippines
through the Board of Agricultural Engineering, Philippine Society of Agricultural Engineers
and the National Agricultural and Fishery Council hosted the 1% ASEAN Conference on
Agricultural and Biosystems Engineering (ACABE) last September 24-27,2013 in Manila
Hotel, Manila, During these conferences, the delegates adopted the “ASEAN Agricultural
and Biosystems Engineering Framework for Cooperation and Complementary Action in
support to ASEAN Food Security and Climate Change Adaptation and Mitigation” which the
Philippines is committed to support and implement. This cooperation framework seeks to
harmonize and align globally the practice of agricultural engineering in ASEAN into
Agricultural and Biosystems Engineering.

The strengthening of the practice of agricultural engineering in the country into agricultural
and biosystems engineering is one of the major legislative agenda under the Philippine
Agricultural Engineering Profession Road Map 2013-2020 adopted by the Board of
‘Agricultural Engineering and the Professional Regulation Commission last year. This is to
further empower the Filipino Agricultural Engineers in helping achieve Food Security and
Sufficiency, protection of the environment and in Climate Change Mitigation and Adaptation

Program and for global practice.
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RUFI . RO! EZ
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Hence, this legislation,


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES }
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House BillNo. 4175

AN ACT
STRENGTHENING, MODERNIZING AND INTERNATIONALLY ALIGNING THE
PRACTICE OF AGRICULTURAL ENGINEERING IN THE COUNTRY INTO
AGRICULTURAL AND BIOSYSTEMS ENGINEERING, REPEALING FOR THE PURPOSE
REPUBLIC ACT NO. 8559 OTHERWISE KNOWN AS THE “PHILIPPINE AGRICULTURAL
ENGINEERING ACT OF 1998”

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

ARTICLE |
GENERAL PROVISIONS

SECTION 1. Title. - This Act shall be known as the "Philippine Agricultural and
Biosystems Engineering Act of 2014”.

SEC. 2. Statement of policy. - It is hereby declared a policy of the State to promote,
strengthen and regulate the practice of agricultural and biosystems engineering profession
in the Philippines by instituting measures that will result in relevant agricultural and
biosystems engineering education and better career prospects for agricultural and
biosystems engineers

Likewise, the State hereby guarantees the application and delivery of agricultural and
biosystems engineering services to accelerate, agricultural and fishery modernization, food
and water security and safety, bioenergy, natural resources conservation, environmental
protection and human health and safety through adequate and well trained agricultural and
biosystems engineers throughout the country.

SEC. 3. Coverage of this Act. - This Act shall cover the following aspects of the practice of

the profession:

a. Examination, registration and licensure of agricultural and biosystems engineers;

b Supervision, control and regulation of the practice of agricultural and biosystems
engineering:

c. Development, upgrading and updating of the curriculum of the agricultural and
biosystems engineering profession; and

d Development and improvement of the professional competence and practice of

agricultural and biosystems engineers through, among others, continuing
professional education and development

SEC. 4. Definition of Terms. - As used in this Act, the following terms shall mean:

(a) Agricultural and Bio-systems Engineering refers tothe application of engineering
science and designs to the processes and systems involved in the sustainable
production and post-production of safe food, feed, fiber, timber and bio-energy and
Management of environment and natural resources;


(b)

(c)
(d)

(e)

(f)

(9)

Agricultural and Biosystems Engineer refers to a person who is registered and
licensed to practice agricultural and biosystems engineering in the country and who
holds a valid certificate of registration and professional identification card from the
Board of Agricutural and Biosystems Engineering and the Professional Regulation
Commission;

Professional Regulation Commission refers to the government agency described
under Republic Act No. 8981, hereinafter referred to as the "Commission",
Professional Regulatory Board of Agricultural and Biosystems Engineering refers to
the administrative body created by law to supervise and regulate the practice of the
agricultural and biosystems engineering and the ultimate authority in the practice of
the agricultural and biosystems engineering profession in the Philippines and shall
hereinafter referred to as the "Board";

Accredited Professional Organization refers to the professional organization of
agricultural and biosystems engineers duly accredited by the Professional

Regulatory Board of Agricultural Engineering and the Professional Regulation
Commission, hereinafter referred to as "APO",

Commission on Higher Education refers to the government agency created to lead,
promote, and regulate higher/ tertiary education in the Philippines created under
Republic Act No, 7722, hereinafter referred to as “CHED", and

Bachelor of Science in Agricultural and Biosystems Engineering refers to the tertiary
or higher education program which provides graduates with a Baccalaureate
Agricultural and Biosystems Engineering Degree and shall hereinafter be referred to
as BSABE, This program is effectively promulgated under enabling Policies,
Standards, and Guidelines (PSG) issued by the 8 Commission on Higher Education,

SEC. 5. Scope of Practice of Agricultural and Bio-systems Engineering- The practice
of Agricultural and Biosystems Engineering within the meaning and intent of this Act shall
embrace, but not limited to, the following:

(a)

(a)
(e)
(f)

(g)

(hy

Preparation of engineering designs, plans, specifications, project studies, feasibility
studies and estimates for agricultural, fishery, aquaculture and biosystems
machinery, farm-to-market roads, buildings and structures, electrification and
energy systems, processing facilities and equipment, waste utilization and
management system and facilities, and irrigation, drainage and soil and water
conservation systems and facilities, and agrometeorological systems;

Supervision or management on the construction, operation and maintenance of
agricultural, fishery, aquaculture and biosystems machinery, farm-to-market roads,
buildings and structures, electrification and energy systems, processing facilities and
equipment, waste utilization and management system and faclities, and. irrigation
drainage and soll and water conservation systems and  faclities, and
agrometeorological systems ;

Valuation, appraisal, investigation, inspection and technical audit on agricultural,
fishery and biosystems machineries and equipment, structures and facilities;
Program/Project Development and Management, Planning and Consultancy Services
on agricultural and biosystems engineering undertakings;

Conduct of research and development, training and extension work on agricultural
and biosystems engineering:

Testing, evaluation and inspection of agricultural, fishery, aquaculture and
biosystems machinery and other related agricultural and biosystems engineering
facilities and equipment;

Manufacture, distribution, installation and sale of agricultural, fishery and biosystems
machinery and other related agricultural and biosystems engineering facilities and
equipment;

Teaching of agricultural and biosystems engineering subjects in institution of learning
in the Philippines;


() Preparation and evaluation of farm development plans, farm suitability maps and
land use mapsireports for agriculture, livestock, fishery, aquaculture production and
processing:

() Training and supervision of agri-fishery machinery technicians and operators of agri-
fishery machinery service centers; and agricultural and biosystems engineering
technicians and operators in agricultural, fishery and biosystems plants,
establishments, faciities and projects;

(k) Employment with the government and private firms and establishments provided
such item or position requires the knowledge and expertise of an Agricultural and
Biosystems Engineer, or its duties and responsibilities covers the scope of practice
agricultural and biosystems engineering:

() Participation in the preparation of environmental studies for agricultural, fisheries,
agro-industrial and biosystems projects and its monitoring under the environmental
impact assessment (EIA) system;

The Board, subject to approval of the Commission, may add to, or exclude from, this
section any activity or act of professional practice, or revise it as the need arises to conform
to changes and new developments brought about by the latest trends in Agricultural and
Biosystems Engineering ; and perform other acts or conduct other activities that may be
determined by the Board, subject to approval by the Professional Regulation Commission in
light of the trend of the practice of the profession.

ARTICLE I
PROFESSIONAL REGULATORY BOARD OF
AGRICULTURAL AND BIOSYSTEMS ENGINEERING

SEC 6. Creation and Composition of the Board. - There is hereby created a Professional
Regulatory Board of Agricultural and Biosystems Engineering to be composed of a
Chairman and two (2) Members under the administrative control and supervision of the
Commission. They shall be appointed by the President of the Philippines from a list of three
(3) recommendees for each position which were ranked by the Commission from a list of five
(5) nominees for each position submitted by the duly Accredited Professional Organization of
Agricultural and Biosystems Engineers in the Philippines. The Board shall be organized not
later than six (6) months from the effectivity of this Act.

SEC 7. Qualifications of Members of the Board. - A member of the Board shall, at the

time of their appointment, possess the following qualifications:

(a) Must be a Filipino citizen and resident of the Philippines:

(b) Must be at least thirty-five (35) years of age;

(c) Must be a holder of Bachelor's Degree in Agricultural and Biosystems Engineering or

its equivalent, conferred by a school, academy, college or university in the Philippines or

abroad that is accredited by the Commission on Higher Education (CHED);

A registered Agricultural and Biosystems Engineer with a valid professional license and

an active practitioner for not less than ten (10) years prior to his appointment;

(e) Must not, for a period of three (3) consecutive years prior to the appointment, be a
member of the faculty of, directly or indirectly, in any school, academy, institute, college
or university where a regular course in Agricultural Engineering or Agricultural and
Biosystems Engineering is being taught, nor have any pecuniary interest in or
administrative supervision over any such institutions of learning;

(f) Must not, for a period of three (3) consecutive years prior to the appointment, be
connected with a review center or any group or association where review classes or
lectures in preparation for the licensure examination are offered or conducted at the
time of appointment; and

(g) Has never been convicted of any offense involving moral turpitude.

d)


SEC. 8. Term of Office. The Chairman and two Members of the Board shall hold office for a
term of three (3) years from the date of their appointment and until their successors shall
have been appointed and qualified. The first Board under this Act shall hold this term of
office: the Chairman for three (3) years; the first Member for two (2) years; and the second
member for one (1) year: Provided, that any appointee to a vacancy with an unexpired term
shall only serve such period.

The Chairman or a Member of the Board may be reappointed to their positions for
another term of three (3) years immediately after the expiry of their terms Provided
furthermore, that the holding of such position shall not be for more than two (2) terms nor
more than six (6) years, whichever is longer. The Chairman and two Members of the Board
shall take their oath of office prior to entering upon the performance of duty.

SEC. 9. Compensation and Allowances of the Board. - The Chairman and Members of
the Board shall receive compensation and allowances comparable to the compensation and
allowances being received by the Chairmen and members of existing Professional
Regulatory Boards under the Professional Regulation Commission as provided for in the
General Appropriations Act

SEC. 10. Vacancy and Removal of Board Members. - Any vacancy occurring in the Board

within the term of a member shall be filled for the unexpired portion of the term only. The

President may remove the Chairman or any member of the Board on the following grounds

(a) Neglect of duty;

(b) Violation or tolerance of the violation of this Act or the Code of Ethics for agricuttural
and biosystems engineering;

(c) Final judgment of crimes involving moral turpitude.

The Chairman or Member concemed shall be given due notice and hearing where
his right to be heard and to defend himself, assisted by counsel, shall be respected in the
proper administrative investigation.

SEC. 11. Powers and Duties of the Board. - The Board shall exercise the following

specific powers, functions and duties:

(a) Promulgate and adopt the rules and regulations necessary for carrying out the
provisions of this Act;

(b) Supervise the registration, licensure and practice of Agricultural and Biosystems
Engineers in the Philippines;

(c) Administer oaths of successful examinees entering the practice of Agricultural and
Biosystems Engineering:

(d) __ Issue the certificate of registration to successful examinees;

(e) Issue, suspend or revoke the license for the practice of Agricultural and Biosystems
Engineering profession;

(f) Adopt an official seal of the board;

(g) Look into the conditions affecting the practice of the Agricultural and Biosystems
Engineering profession through the conduct of ocular inspections and monitoring in
agricultural and biosystems engineering offices, plants or establishments both
public and private, and in the case of schools, in coordination with the Commission
on Higher Education (CHED), and whenever necessary adopt such measures,
including promulgation of agricultural and biosystems engineering standards, rules
and regulations and best practices as may be deemed proper for the enhancement
and maintenance of high professional and ethical standards of the profession.

(h) Prescribe and/or adopt, and enforce a Code of Ethical and Professional Standards
tor the practice of agricuitural and biosystems engineering profession.

(i) Hear and try administrative cases involving violations of this Act, its implementing
rules and regulations, the code of ethics for agricultural and biosystems engineers


and for this purpose, to issue subpoena and subpoena duces tecum to secure the
appearance of witnesses and the production of documents in connection therewith;

() Prescribe guidelines in the Continuing Professional Education/Development Program
in coordination with the Accredited Association for Professional Agricultural and
Biosystems Engineers;

(k) Ensure, in coordination with the Commission on Higher Education (CHED), that all
educational institutions offering agricultural and biosystems engineering education
comply with the policies, standards and requirements of the course prescribed by
CHED in the areas of curriculum, faculty, library and facilities;

(I) Prepare, adopt, issue or amend the syllabi of the subjects for examinations in
consultation with the academe, determine and prepare questions for the licensure
examination which shall strictly be within the scope of the syllabi of the subjects for
examinations as well as administer, correct and release the result of the licensure
examinations;

(m) Approve, issue, limit or revoke temporary license to practice agricultural and
biosystems engineering

(n) Issue a cease or desist order to any person, associations, partnership or corporation
engaged in violation of any provision of this Act, any agricultural and biosystems
engineering standards or rules of duly promulgated by the Board as part of the rules
governing the practice of agricultural and biosystems engineering in the Philippines;

(0) Punish for contempt of the board, both direct and indirect, in accordance with the
pertinent provision of and penalties prescribed by the rules of court,

(p) Perform regulatory, administrative, and quasi-legislative functions as, mandated
under R.A. No, 8981 otherwise known as the Professional Regulation Commission
Modemization Act, and such other functions as may be necessary in order to
implement the provisions of this Act; and

(q) Discharge such other duties and functions as may be deemed necessary for the
enhancement of the agricultural and biosystems engineering profession and the
upgrading, development and growth of agricultural and biosystems engineering
education in the Philippines.

All policies, resolutions, rules and regulations of the board shall be subject to the
review and approval of the Commission.

SEC. 12. 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 examination, examination papers and results,
minutes of deliberation, administrative cases and other investigations involving agricultural
and Biosystems engineers shall be kept by the Commission.

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

SEC. 13. Annual Report. - The Board shall, at the close of each calendar year, submit an
annual report to the President through the Professional Regulation Commission giving a
detailed account of its proceedings and accomplishments during the year and making
recommendations for the adoption of measures that will upgrade and improve the conditions
affecting the practice of Agricultural and Biosystems Engineering in the Philippines.

ARTICLE Il
EXAMINATION, REGISTRATION AND LICENSE

SEC. 14, Examination Required. - All applicants for registration for the practice of
agricultural and Biosystems engineering shall be required to undergo and pass the licensure
examination as provided for in this Act.


SEC. 15. Qualification of an Applicant for Examinations. - Every applicant for the

examination for agricultural and Biosystems engineers shall establish the following:

(a) Acitizen of the Philippines or a foreign citizen whose country or State has a policy on
reciprocity in the practice of the profession;

(b) Be a graduate of Bachelor of Science in Agricultural and Biosystems Engineering or
its equivalent in a school, academy, institute, college or university duly recognized by
the CHED.

(c) Has not been convicted of any criminal offense involving moral turpitude

SEC. 16. Fraudulent Application, - The Board may suspend or revoke any certificate of
registration obtained through misrepresentation made in the application for examination,

SEC. 17. Scope of Examination. — The licensure examination for agricultural and

biosystems engineers shall cover the required competencies for the entry level of the

practice of Agricultural and Biosystems Engineering and shall include the following
subjects:

(a) Agricultural and Biosystems Power, Energy and Machinery Engineering which
include agricultural power and energy; and machine design and, analysis, machinery
management and mechanization agricultural and bioproduction systems;

(b) Land and water resources engineering which include agrometeorology, irrigation and
drainage engineering, soil and water conservation, and aquaculture engineering

(c) Agricultural and Biosystems Structures and Environment Engineering which include
agricultural structures engineering, forest products engineering, design and
management of agricultural and biosystem structures, and bio-environmental design;

(d) Agricultural and Bioprocess Engineering which include refrigeration and cold storage,
agri-industrial and biosystems application of electrical energy and electronics,
agricultural products process engineering, and food and bio-based products process
engineering

(e) Fundamentals of Agricultural, Fishery, Ecological and Environmental Sciences;

(f) Mathematics and Basic Engineering Principles; and

(g) Laws, Professional Standards and Ethics

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

SEC. 18. Rating in the Board Examinations. - To be qualified as having passed the Board
examination for agricultural and biosystems engineers, a candidate must obtain a weighted
general average of seventy percent (70%), with no grades lower than fifty-five percent (55%)
in any given subject. However, an examinee who obtains a weighted general average rating
of seventy percent (70%) or higher but obtains a rating below fifty-five percent (65%) in any
given subject must take the examination in the subject or subjects where he obtained a
grade below fifty-five percent (55%).

SEC. 19. Report of Ratings. - The Board shall submit to the Commission the ratings
obtained by each candidate within twenty (20) days after the examination, unless extended
for just cause. Upon the release of the results of the examination, the Board shall send by
mail the rating received by each examinee at his given address using the mailing envelope
submitted during the examination

SEC, 20. Re-examination. - An applicant 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.

SEC. 21. Oath. - All successful candidates in the examination shall be required to take their
oath before the Board or any government official authorized to administer oaths, prior to
entering upon the practice of the agricultural and biosystems engineering profession

7


SEC. 22. Issuance of Certificate of Registration and Professional identification Card.
- a) A Certificate of Registration shall be issued to those who are registered after
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 all the privileges appurtenant thereto.
Until withdrawn, revoked or suspended in accordance with this Act, the Certificate of
Registration shall remain in full force and effect.

(b) A Professional Identification Card bearing the registration number and its validity
and expiry dates duly signed by the Chairperson of the Commission shall likewise be issued
to every registrant who has pald the prescribed fees, and has submitted a certificate of
membership in good standing from the APO and proof of completion of the CPE
requirements, The said card shall be renewed every three (3) years upon mandatory proof of
completion of continuing professional education.

Once registered, the Agricultural and Biosystems Engineer may use “Engr.” as the
official appendage title. No person shall practice agricultural and blosystems engineering in
the country unless such person has secured a license to practice agricultural and
biosystems engineering in the manner herein provided.

SEC. 23. Refusal to Register. ~ The Board shall not register any successful applicant for
registration with or without licensure examination who 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) adjudged guilty for violation of the General Instructions to Examinees by the Board; and
(d) 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 fle a copy thereof in its records.

SEC. 24. Revocation or Suspension of the Certificate 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 and licensed agricultural
and biosystems engineer or to cancel a Temporary/Special Permit granted to a foreign
agricultural and biosystems engineer, for the same grounds enumerated in Section 23 of this

Act, except paragraph (c) hereof, and any of the following grounds:

(a) Violation of any provision of this Act, Implementing Rules and Regulations, Code of
Ethics, Code of Technical Standards for the practice of agricultural and biosystems
engineering, and of policies and regulatory measures of the Board and/or the
Commission, and Code of Good Governance:

(b) Perpetration or use of fraud in obtaining his/her Certificate of Registration,
Professional Identification Card, Temporary/Special Permit;

(c) Gross incompetence, negligence or ignorance in the conduct of the profession
resulting to death, injury of persons and/or damage to property:

(4) _ Unjustified refusal to join or to remain a member in good standing of the APO;

{e) _Unjustified or unexpiained neglect or failure to pay the annual registration fees for
five (5) consecutive years;

(f)  Unjustified or unexplained non-renewal of the Professional Identification Card after
the lapse of five (5) consecutive years;

(g) Aiding or abetting the illegal practice of a nonregistered and unlicensed agricultural
and biosystems engineer by, among others, allowing hirvher to use his/her
Certificate of Registration andor Professional Identification Card or his/her
Temporary/Special Permit;

(h) Illegally practicing the profession during his/her suspension from the practice thereof;
and


(i) Addiction to a drug or alcohol abuse impairing his/her ability to practice his/her
profession or declared with unsound mind by a court of competent jurisdiction;

The Board shall periodically evaluate the aforementioned grounds and revise or add
new ones as the need arises subject to approval by the Commission in order to meet the
trends and developments in the profession.

SEC. 25, Reissuance 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 reissue a revoked
Certificate of Registration after two (2) years from the effectivity of the revocation, which is
the date of surrender of the said certificate and/or the Professional Identification Card to the
Board and/or the Commission. The Board may not require the holder thereof to take another
licensure examination. The petitioner shalll prove to the Board that he/she has valid reasons
to resume the practice of hisfher profession. For the grant of his/her petition, the Board shall
issue a Board Resolution subject to approval by the Commission.

A duplicate copy of a lost Certificate of Registration, Professional Identification Card
or Temporary/Special Permit may be reissued in accordance with rules thereon and upon
payment of the prescribed fee therefor.

ARTICLE IV
PRACTICE OF AGRICULTURAL AND BIOSYSTEMS ENGINEERING

SEC. 26. Vested Rights: Automatic Registration of Practicing Agricultural and
Biosystems Engineers. - All agricultural engineers who are registered under Republic Act
No. 8559 at the time this Act takes effect shall automatically be registered as Agricuttural
and Biosystems Engineers.

SEC. 27. Seal and Use of Seal. - (a) Each registrant shall upon registration, obtain the seal
of such design as the Board may adopt. Plans and specifications prepared by, or under the
direct supervision of a registered agricultural and biosystems engineer, shall be stamped
with said seal during the validity of the professional license. No person shall stamp or seal
any document with the seal of a registrant after his professional license has expired or lost
its validity unless he has been reinstated to the practice and/or unless his license has been
renewed.

(b) No officer or employee of the government, chartered cities, provinces and
municipalities now or hereafter charged with the enforcement of laws, ordinances or
regulations relating to the implementation, construction, repair, operation and
maintenance, testing and evaluation of agricultural, livestock, fishery, aquaculture
and biosystems buildings, structures, machineries and equipment, processes and
systems shall accept or endorse any plans or specifications which have not been
prepared and submitted in full accord with the provisions of this Act, nor shall any
payment be approved by any such Officer for any work, the plans and specifications
of which have not been so prepared, signed and sealed by a duly registered
agricultural and biosystems engineer. This provision shall be enforced by the
Department of Public Works and Highways and Local Building Officials in the
issuance of building permits and certificate of occupancy relative to the
implementation of the National Building Code, and by all concemed national
government entities and local government units in the procurement and in the
discharge of their regulatory and auditing functions pertaining to agricultural,
livestock, fishery, aquaculture and biosystems structures, machineries and facilities.

(c) No agricultural and biosystems engineer shall sign his name, affix his seal or use
any other method of signature of plans, specifications or other documents made by

9


or under another agricultural and biosystems engineer's supervision unless the same
is made in such manner as to clearly indicate the part of such work actually
performed by him, and no person, except the agricultural and biosystems engineer
In-Charge shall sign for any branch of the work or any function of agricultural and
biosystems engineering practice not actually performed by him. The agricultural and
biosystems engineer In-Charge shall be fully responsible for all plans, specifications
and other documents issued under his seal or authorized signature.

The Board shall formulate, adopt and promulgate all necessary rules and
regulations for the effective implementation of the provisions relating to the design of
the seal, the signing and sealing of drawings, reports and other documents by
agricultural and biosystems engineers.

(d) Drawings and specifications duly signed, stamped or sealed as instruments of
service are the property and documents of the agricultural and biosystems engineer,
whether the projects for which they were made is executed or not. no person, without
the written consent of the agricultural and biosystems engineer or author of said
documents, shall duplicate or make copies of said documents for use in the repetition
of and for other projects or buildings, whether executed partly or in whole.

(e) All drawings, specifications and other documents and reports to be used for the
design, construction, test and evaluation, research and extension of agricultural,
livestock, fishery, aquaculture and bio-systems structures, machineries, equipments,
processes and systems shall be signed and sealed by a licensed agricultural and
biosystems engineer.

Violation of any of the foregoing shall be ground for administrative and/or criminal action.

SEC. 28. indication of License and Professional Tax Receipt. - The agricultural and
biosystems engineer shall be required to indicate his Professional License Number, the
duration of validity, including the professional tax receipt number on the documents he signs,
ses or issues in connection with the practice of his profession.

SEC 29. Firms, Partnerships, Corporations, Cooperatives, Associations and

Foundations engaged in Agricultural and Biosystems Engineering Practice. — A firm,

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

and biosystems engineering in the Philippines; Provided, that it complies with the following
requirements:

(a) the firm, partnership, corporation, cooperatives or association applies for and is
issued a certificate of registration by the Board and the Commission to engage in the
practice of agricultural and biosystems engineering in the Philippines: Provided, that
the majority of the partners of the partnership are registered and licensed agricultural
and biosystems engineers: Provided, furthey, that the majority of the members of the
board of directors or members of corporations shall be registered and licensed
agricultural and biosystems engineers; and

(b) the practice of the firm, partnership, corporation or association in agricultural and
biosystems engineering shall be carried out by duly registered and licensed
agricultural and biosystems engineers.

SEC. 30. Integration of Agricultural and Biosystems Engineers. - The agricultural and
biosystems engineering profession shall be integrated into one (1) national organization
registered with Securities and Exchange Commission which shall be recognized by the
Board and by the Commission as the one and only integrated and accredited association of
agricultural and biosystems engineers. An agricultural and biosystem engineer duly
registered with the Board shall automatically become a member of the integrated and
accredited association of agricultural and biosystems engineers, and shall receive the

10


benefits and privileges appurtenant thereto upon payment of the required fees and dues.
Membership in the integrated and accredited association shall not be a bar to membership in
other associations of agricultural and biosystems engineers.

SEC. 31. Foreign Reciprocity. - No foreign agricultural and blosystems engineer shall be
issued a temporary license to practice the agricultural and biosystems engineering
profession or consultancy thereof or be entitled to any of the rights and privileges under this,
act unless the country of which he Is a subject or citizen specifically permits Filipino
agricultural and biosystems engineers to practice within its territorial limits on the same basis
as the subjects or citizens of such foreign state or country,

SEC. 32. Special/Temporary Permits for Foreign Agricultural and Biosystems
Engineers. — The practice of foreign agricultural and biosystems engineers in the
Philippines shall be limited to natural persons only and shall be governed by the provisions
‘of Republic Act No. 8981, otherwise known as the “Professional Regulation Commission
(PRC) Modernization Act of 2000": Provided, that any foreign national who has gained entry
in the Philippines to perform professional services as an agricultural and biosystems
engineer or render such services or prepare or produce such documents as are within the
scope of practice of agricultural and biosystems engineers as set forth in this Act, such as,
but not limited to, being a consultant in foreign-funded or assisted projects of the
government or employed or engaged by Filipino or foreign contractors or private firms,
whether or not the nomenclature of his/her profession is specifically called in his/her country
of nationality as agricultural and biosystems engineer, but who does 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 agricultural and biosystems engineer
or consultant, secure a temporary/special permit from the Board, subject to the approval of
the Commission and the Department of Labor and Employment (DOLE), to practice his/her
profession in connection with the project to which he/she was commissioned: Provided, that
the following conditions are satisfied:

(a) that he/she is a citizen or subject or a country which specifically permits Filipino
professionals to practice their profession within the territorial mits on the same basis
as the subjects or citizens of such foreign country or state:

(b) that he/she is legally qualified to practice agricultural and biosystems engineering in
his/her own country, and that his/her expertise is necessary and advantageous to the
Philippines, particularly in the aspects of technology transfer and specialization;

(c) that he/she shall be required to work with a Filipino counterpart, a. natural person
who is a registered and licensed agricultural and biosystems engineer, and
professional services fees and expenses of documentation pertaining to the project
shall be proportionately shared by both foreign and Filipino agricuttural and
biosystems engineers, including llabilities and taxes due to the Philippine
govemment, if any, relative to his/her participation therein, or professional services
rendered to the project in accordance with established rules and regulations; and

(d) that he/she shall obtain an employment permit from the DOLE: Provided, that the
employment permit may be issued to a non-resident alien or to the applicant-
employer after a determination by the Commission and the Board of the non-
availability of a person in the Philippines who is competent, able and willing at the
time of application to perform the services for which the foreign expert is being
invited,

SEC, 33. Positions in Government and Private Firms and Establishments with
Agricultural and Biosystems Engineering functions. - a) only licensed and registered
agricultural and biosystems engineers shall be appointed or designated to agricuttural
engineer or agricultural and biosystems engineer positions, head or assistant head of
agricultural or agricultural and biosystems or agricultural and fisheries engineering or

a


aquaculture engineering group, unit, division, bureau, department and branch in all National
Government Departments or Agencies, government owned and controlled corporations,
local government units and state colleges and universities, and all other positions in the
government and concemed private firms and establishments whose main functions and
Tesponsibilities constitute the practice of agricultural and biosystems engineering pursuant to
this Act. Appointments made thereafter in violation hereof shall be considered null and void
The Civil Service Commission (CSC) and the Board of Agricultural Engineering shall
promulgate qualification standards for these positions including those positions whose duties
and functions constitute the practice of agricultural and blosystems engineering in all
government instrumentalities. The Board in consultation with the Civil Service Commission
and the Department of Labor and Employment shall promulgate rules and regulations to
implement this provision

SEC. 34, Personnel Required- All offices, firms and establishments either government or
private, and farmers organizations and cooperatives engaged in the production, processing,
handing and marketing of agriculture, livestock, fishery, aquaculture and biosystems
products and likewise implementing projects on irrigation, farm mechanization, postharvest
facilities and agricultural and biosystems infrastructures shall employ the required number
and/or engage the services of agricultural and biosystems engineers based on the standards
and guidelines to be promulgated by the Board; Provided, that there shall be no
understaffing and/or overloading of agricultural and biosystems engineers. The ratio of
agricultural and biosystems engineers to clientele shall be such as to reasonably effect a
sustained quality of agricultural and biosystems engineering services at all times without
overworking the agricultural and biosystems engineers.

SEC. 35. National Career Progression Program. - There shall be an institutionalized
national agricultural and biosystems engineering career progression program to be
formulated by the Board in consultation with the Accredited Professional Organization
(APO), Civil Service Commission and concerned government agencies: Provided, that any
agricultural and biosystems engineer before being allowed to work in specialty areas to
perform beyond generalist function or have specific specialties, must finish the formal
education and training towards specialization, possess recognized practice competencies
and must be certified by the Board and must be a member of a relevant and accredited
agricultural and biosystems specialty organization: Provided, further, that agricultural and
biosystems engineering specialty organizations shall be recognized and certified by the
Board.

ARTICLE V
AGRICULTURAL AND BIOSYSTEMS ENGINEERING EDUCATION AND CONTINUING
PROFESSIONAL EDUCATION/ DEVELOPMENT

SEC 36. Curriculum Development and Updating- The Board and the Commission on
Higher Education shall develop and continuously update the Agricultural and Biosystems
Engineering Curriculum in accordance with required competencies on the practice of the
profession prescribed under this Act, and In order to align with international standards of
agricultural and biosystems engineering education and practice, and to become responsive
to the industry requirements.

SEC. 37, Rationalization and Upgrading Program- The Commission on Higher Education
in collaboration with the Board, Department of Agriculture, Technical Education and Skills
Development Authority and the Department of Education and in consultation with the
industry and stakeholders shall formulate and implement a Rationalization and Upgrading
Program on Agricultural and Biosystems Engineering Education in the country with the end
view of upgrading and modernizing school facilities and equipment, faculty development
and training, provision of scholarships, developing ladderized program on agricultural and

2


biosystems engineering and other developmental undertakings to produce globally
competitive agricultural and biosystems engineering graduates and professionals.

In line with this, all concerned Higher Education Institutions (HEIs) shall formulate
and implement their Agricultural and Biosystems Engineering Education Competitiveness
Road Map as part of the Philippine Agricultural and Biosystems Engineering Profession
Road Map/Master Plan and shall serve as one of the basis in the provision of grants from the
government for the upgrading program.

SEC. 38. Career Guidance and Advocacy- The Board and the Commission in collaboration
with the Department of Labor and Employment, Philippine Overseas Employment
Administration, Commission on Higher Education, Department of Education, and the
Department of Agriculture, Accredited Professional Organization and other concerned
government agencies and private organizations shall formulate and implement a Career
Guidance and Advocacy Program on Agricultural and Biosystems Engineering, The Program
shall include the conduct of research studies on the supply and demand and qualifications of
the agricultural and biosystems engineering profession both local and abroad and
employment promotion/assistance for Filipino agricultural and biosystems engineers.

SEC. 39. Continuing Professional Education/Development- The Board and the
Commission in consultation with the academe, APO, concemed government agencies and
stakeholders, shall prescribe guidelines in the implementation of the Continuing Professional
Education/Development (CPE/CPD) programs for Agricultural and Biosystems Engineers

The CPD credit units earned by an agricultural and biosystems engineer shall be
applied for its equivalency in the training requirement for the promotion of positions in the
government agencies and private firms and the teaching positions in academic institutions,
and in the accreditation for ASEAN Chartered Professional Engineer, APEC Engineer and
other international accreditations.

ARTICLE VI
ENFORCEMENT OF THIS ACT AND PENAL PROVISIONS

SEC. 40. Enforcement. - The Professional Regulation Commission shall be the enforcement
agency of the Board. As such, the Commission shall implement the concerned provisions of
this Act, enforce its implementing rules and regulations as adopted by the Board, conduct
investigations on complaints including violations of the Code of Ethics and Professional
Standards of the profession and prosecute when so warranted.

Furthermore, all duly constituted law enforcement agencies and offices of national,
provincial, city or municipal government or of any political subdivision thereof, shall upon the
call or request of the Board or the Commission, render assistance in enforcing the provisions
of this Act and to prosecute any person violating the provisions of the same. Any person may
bring before the Commission, Board, of the aforementioned officers of the law, cases of
illegal practice or violations of this act committed by any person or party.

The Board shall assist the Commission in filing the appropriate charges though the
concerned prosecution office in accordance with law and rules of court,

SEC. 41. Penalties. - In addition to the administrative sanctions imposed under this Act, any
person who violates any of the provisions of this Act, or any of the following acts shall, upon
conviction, be penalized by a fine not less than one hundred thousand pesos P100,000 nor
more than. five hundred thousand pesos P500,000, or imprisonment of not less than six (6)
months nor more than five (5) years, or both fine and imprisonment at the discretion of the
court
a. Engaging in the practice of agricultural and biosystems engineering in the Philippines
without having been registered or without having conformed to the provisions of this
Act;


b. Presenting or attempting to use as his/her own the certificate of registration and/ or
professional identification card of another registered agricultural and biosystems
engineer; or a holder of a temporary/special permit,

c. Giving any false or forged evidence of any kind to the board, or impersonating any
registered agricultural and biosystems engineer or a holder of a_temporary/special
permit;

4. Using a revoked or suspended certificate of registration; or an expired or un-
renewed professional identification card or temporary / special permit;

Using in connection with his/her name or otherwise assuming, using or advertising

any title or description tending to convey the impression that he/she is an agricultural
and biosystems engineer without holding a valid certificate or registration and
professional identification card or a valid temporary /special permit;

f implementing or causing the implementation of any plans and designs not prepared
and signed by a registered agricultural and biosystems engineer in those cases
where this Act requires that these be prepared and signed by a such a registered
agricultural and biosystems engineer,

in case the offender is a corporation, partnership, association, foundation or juridical
person, the penalty of imprisonment shall be imposed on the agricultural and biosystems
engineer-in-charge jointly and solidarily with the responsible professionals as well as the
controlling officer or officers thereof responsible for permitting or causing the violation.

ARTICLE Vil
TRANSITORY AND FINAL PROVISIONS

SEC. 42. Transitory Provision. — The incumbent Chairperson and Members of the Board
shall, in an interim capacity, continue to carry out their functions under the provisions of this
Act without need for new appointments as Chairperson and Members thereof until the first
Board, created under this Act, shall have been constituted or organized pursuant thereto,

SEC. 43. Implementing Rules and Regulations. - Subject to the approval of the
Commission, the Board shall adopt and promulgate such rules and regulations to carry out
the provisions of this Act, which shall be effective after thirty (30) days following its
publication in the Official Gazette or in a major daily newspaper of general circulation.

SEC. 44. Separability Clause. - If any clause, provision, paragraph or part hereof shall be
declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair any
other part hereof, but such judgment shall be merely confined to the clause, provision,
paragraph or part directly involved in the controversy in which such judgment has been
rendered

SEC. 45. Repealing Clause. - All laws, decrees, executive orders and other administrative
issuances and parts thereof which are inconsistent with the provisions of this Act are hereby
modified or superseded. Republic Act No. 8559 is hereby repealed.

SEC. 46. Effectivity. - This Act shall take effect fifteen (15) days following its publication in
the Official Gazette or in a major daily newspaper of general circulation in the Philippines,
whichever comes first

Approved,

oO