Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

nae 434

H. B. No.

Introduced by HONORABLE JUAN EDGARDO “SONNY” M. ANGARA

EXPLANATORY NOTE

The new millennium poses bigger and even more difficult challenges. The increasing
population puts more pressure on our natural resources. The twin demands of the environment
and the people brings to fore the recognition of agroforestry as the key to resource
rehabilitation, sustainable development and preservation of these natural resources.

Interestingly, the Philippines is one of the first countries to practice agroforestry. For a
country with an estimated twenty million (roughly 24%) of its population living in the uplands, the
magnitude of the practice of agroforestry cannot be overstressed. As a land-use management
system, agroforestry is new market opportunities, new business investments, sustainable
agricultures, land stewardship, habitat for wildlife, improved water quality, and diversified farm
income.

In particular, agroforestry practices help landowners to diversify products, markets, and
farm income; improve soil and water quality; reduce erosion, non-point source pollution and
damage due to flooding; enhance land and aquatic habitats for fish and wildlife; and improve
biodiversity while sustaining land resources for generations to come. A critical mass of quality
agroforestry practitioners, therefore, is necessary to advance agroforestry systems and
practices to a scale significant for improving the quality of lives in the upland and throughout the
landscape.

Yet, despite its irrefutable importance in the country’s drive for sustainable agricultural
development, agroforestry face a challenge in integrating itself as a profession/field of endeavor
in the country's policies. To address the increasing demand for field technicians equipped with
the needed agroforestry knowledge and skills, this unique field, which is neither Agriculture nor
Forestry demand its recognition as a new and separate occupational cluster of study.

Although it has been considered as the main production technology/tool in the
implementation of the Community-Based Forest Management Program as exemplified in


Executive Order No. 263 series of 1995, and is among the fields of agriculture and fisheries that
is exemplified in the Agriculture and Fisheries Modemization Act (AFMA) of 1997, there is an
evident lack of a governing body that will assess, evaluate, standardize, and enhance the

Agroforestry curriculum.

This brings to fore the necessity of this measure.

It is envisioned that this bill would establish the distinct role of agroforestry as a science
and as a profession in providing the farm households with stable and ready source of sufficient
food to reduce the upland farmers’ food insecurity. After all, agroforestry is an essential part of
the effort to feed the people in our uplands by allowing the production of “more food on less land
and less labor.”

Approval of the measure is earnestly sought.

JUAN EDGARDO "SONNY". ANGARA
Representative
Lone Distfict, Province of Aurora


FIFTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

434

HB. No.

Introduced by Honorable JUAN EDGARDO “SONNY” M. ANGARA

AN ACT
TO STANDARDIZE AND ENHANCE THE PRACTICE OF AGROFORESTRY IN THE
COUNTRY, CREATING THE BOARD OF AGROFORESTRY UNDER THE
PROFESSIONAL REGULATIONS COMMISSION, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. This Act shall be known as the “Philippine Agroforestry Act
of 2010."

SEC. 2. Declaration of Policy. |t is hereby declared the policy of the State to respond
to the need of professionalizing the field of agroforestry in the country as a tool towards
sustainable socio-economic development and environmental protection

Toward this end, the State shall establish and maintain a Board of Agroforestry that shall
conduct, among others, a national board examination to all graduates of a four-year degree
program in agroforestry or its equivalent, regulate, and sustain the practice of the profession for
efficient and effective public service.

SEC 3. Objectives. This Act shall provide for and govern:

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The standardization and regulation of agroforestry education;
The giving of licensure examinations to graduates of recognized agroforestry schools for
the purpose of registration;

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The promotion and development of agroforestry research in the country; and

The regulation, control, and supervision of the practice of Agroforestry in the Philippines,
SEC. 4. Definitions. For purposes of this Act,

a) “Board” refers to the Professional Regulatory Board of Agroforestry, hereby created as
the regulatory body, under the administrative, executive and policy supervision of the
Professional Regulations Commission (PRC), for the practice of Agroforestry in the
Philippines and tasked with powers, functions and responsibilities herein prescribed;

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b) “Commission” refers to the Professional Regulations Commission (PRC), created
under Republic Act No. 8981 or the “Professional Regulations Commission
Modernization Act of 2000;”

©) “Agroforester” refers to any person who has passed the licensure examination for the
agroforestry professional administered by the Board/Commission, taken the oath of an
Agroforester, and duly registered and issued with a certification of good standing and is
allowed under this act to engage in or to perform activities, acts or services constituting
the professional practice of agroforestry including those who hold a position in the
government service or teaches subjects in schools, colleges or universities, requiring the
knowledge of Agroforestry;

d) “Agroforestry” refers to the science, arts and practice that deals with the production,
arrangement and utilization of woody perennials in combination with other agricultural
crops, animals, aquatic and/or other resources either zonal, mixed simultaneously or
sequentially grown for the twin purpose of conservation and socio-economic productivity;
and

e) “Agroforestry professional practice” refers to the activities, acts, services or pursuits
exclusively performed by PRC registered and licensed professional agroforesters, the
scope thereof is prescribed and/or specified herein.

SEC. 5. Scope of Practice. The practice of Agroforestry shall include, but not be limited
to, the following:

a) Preparation and certification of Agroforestry systems and interactive diagnosis and
design, feasibility studies, and specifications for the production, harvesting, processing,
utilization and marketing of woody perennials and agricultural crops and/ or animals for
multiple products and services including conservation and cleaner production practices;

b) Development of management plans with a step-by-step time-line plans with
recommendations on appropriate species and strategies for the unique site; a plan for
long-term fertility management; for marketing final products including budget and
economic projections; farm and pasture diversification plans of ranches, fruit growers
and farms to diversity products and integrate more tress into their plantings, with
appropriate species and techniques to support existing crops, reduce expenses and
increase the diversity and economic resiliency of the project. These may include animal
fodder, windbreaks, much bank, shade integrated timber or native trees, and other
practices;


¢) Planning and implementation of agroforestry nurseries including seed orchards, tissue-
culture and clonal banks operations; soil and water resources conservation measures’
conduct of environmental risk and impact assessments and geospatial analysis and
management of resources; and wood products manufacturing and marketing;

@) Provision of related activities or services such as the conduct of agroforestry
experiments, research, extension, development, training or communications; the
teaching of subjects in academic institutions ad for licensure examinations in conformity
with Section 11 of Republic Act No 8981; undertaking, supervision and/or administration
of studies, program, stations, center, community/ provincial/regional/national offices of
government agencies and institutions requiring agroforestry professionals; technical or
management consultants needed by or required of local government units, private
corporations, foundations, non-govemment association and foreign assisted projects;
and

@) All agroforestry concerns, projects, business activities or related services must be
certified by a professional Agroforester before such will be accepted by any entity for
registration, getting business permits or licenses in municipalities, any financial
institutions, legal transactions and the like. Such requirement shall ensure that
agroforestry activities will conform to the observance of the requirements of good
agroforestry environmental protection, pollution prevention, conservation, health risk and
cleaner production practices affecting the natural resources and the ecosystem.
Furthermore, the certification of and by an Agroforester on projects/businesses is an
evidence of careful studies made on the projects in accordance with Strategic
Agriculture and Fisheries Development Zones (SAFDZs), the land use and zoning
ordinances, protection of watersheds areas, the housing and land use regulations as
provided for in Republic Act No. 8435 and other laws.

ARTICLE II
PROFESSIONAL REGULATORY BOARD OF AGROFORESTRY

SEC. 6. The Professional Regulatory Board of Agroforestry and its Composition.
The Professional Regulatory Board of Agroforestry, hereinafter referred to as the “Board,”
under the supervision and administrative control of the Professional Regulation Commission,
hereinafter referred to as the “Commission,” shall be composed of a Chairman and four (4)
members, to be appointed by the President of the Philippines from a list of three (3)
tecommendees for each position and ranked by the Commission from a list of five (5) qualified
nominees endorsed by the accredited professional organization of certified agroforesters, within
ninety (90) working days after the approval of this Act.


The Board shall elect a vice-chairman from among its members for a term of one (1)
year. The Chairman shall preside in all meetings of the Board and in the event of a vacancy in
the office of the chairman, the vice-chairman shall assume the post until such time as a

chairman is appointed.

SEC. 7. Qualifications of Members of the Professional Regulatory Board. A
member of the Board shall, at the time of his / her appointment, possess the following
qualifications:

a) Must be a natural-born citizen and resident of the Philippines;

b) Must have engaged in the practice of Agroforestry for at least ten (10) years;

) Must be of good moral character and must not have been convicted of a crime involving
moral turpitude; and

d) Must not have any pecuniary interest, for a period of at least one (1) year prior to his or
her appointment, directly or indirectly, in any school, college, university or institution
conferring an academic degree necessary for admission to the practice of agroforestry
or where review classes in preparation for the licensure examination are being offered or
conducted, nor shall he/she be a member of the faculty or administration thereof at the
time of his/her appointment to the Board.

SEC. 8. Term of Office. The chairman and members of the Board shall hold office for a
term of three (3) years without prejudice for reappointment to another term, but in no case shall
he/she serve continuously for more than six (6) years.

At the expiration of the term of the Chairperson, the most senior of the remaining
members of the Board shall assume and perform the duties and functions and receive the
emoluments and entitlements of the Chairperson. The incumbent members of the Board shall
continue to serve their respective remaining terms until their successors shall have been
appointed and have qualified in accordance with this Act.

SEC 9. Powers and Functions of the Board. The Board shall exercise the following
powers, functions and responsibilities, in addition to the pertinent general functions of the
Commission under Republic Act 8981:

a) To create a registry of agroforestry professionals in the country;

b) To prepare, conduct and administer the agroforestry licensure examinations;

©) To provide information and other educational materials, promotions and networking
services to facilitate the activities of the Board;

d) To hear and investigate cases, issue summons and subpoena duces tecum, and
conduct summary proceedings in cases arising from violations of this Act;

©) To suspend, revoke, reissue, reinstate certificates of registration or licenses for cause
allowed by law;


f) Subject to the approval of the Commission, to adopt and promulgate rules and
regulations implementing this Act, including its Code of Ethics to effectively execute the
provisions of this Act; and

g) To exercise such other powers as may be provided by law as well as those which may
be implied from, or which are necessary or incidental in carrying out the express powers
granted to the Board to achieve the objectives of this Act.

SEC. 10. Grounds for Suspension or Removal of Members of the Board. The
President of the Philippines, after due process has been undertaken by and upon
recommendation of the Commission, may suspend or remove any member of the Board for
cause on the following grounds:

a) Neglect of duty or incompetence;

b) Violation or tolerance of any violation of this Act or any of its implementing rules and
regulations;

©) Final judgment of a crime involving moral turpitude;

d) Manipulation or rigging of the agroforestry licensure examination results, disclosure of
secret and confidential information in the examination questions prior to the conduct of
the said examination or tampering of grades; and

e) Graft and corruption.

ARTICLE III

EXAMINATION, REGISTRATION AND LICENSURE

SEC 11. The Agroforestry Licensure Examination. All applicants for registration for
the practice of agroforestry shall be required to undergo a licensure examination to be given by
the Board in such places and dates as the Commission may designate subject to the
requirements prescribed by the Commission.

SEC 12. Qualifications of Applicants for Examination. Any person applying for
examination shall establish, to the satisfaction of the Board, the following requisites:

a) That he/she is a Filipino citizen and a resident of the Philippines;

b) That he/she is of good moral character;

©) That he/she is a holder of a degree of Bachelor of Science in Agroforestry conferred by a
school, college, or institute duly recognized and/or accredited by the CHED or other
authorized government offices; and

d) That he/she has not been convicted of an offense involving moral turpitude.


SEC 13. Scope of Examination. The licensure examination for licensed agroforesters
shall cover, but are not limited to, the following subjects:

a) Crop Science in Agroforestry Systems;
b) Animal Science in Agroforestry Systems;

c) Integrated Pests and Disease Management:

d) Soil Science and Water Conservation;

e) Agroforestry Science and Technology system; and
f) Applied Sociology and Extension.

The Board, upon approval of the Commission, may revise or exclude any of the subjects
and their syllabi, and add new ones as the need arises.

SEC. 14, Rating in the Licensure Examination. To qualify as having passed the
licensure examination for agforesters, a candidate must obtain a general average of seventy
five percent (75%), with no grade lower than sixty-five percent (65%) in any given subject.

SEC.15. Report of Rating. The Board shall submit to the Commission the rating
‘obtained by each candidate within ten (10) calendar days after the examination, unless
extended for just cause. Upon the release of the results of the examination, the Commission
shall send by mail the rating received by each examinee at his/her given address using the
mailing envelope submitted during the examination.

SEC. 16. Oath. All successful candidates in the examination shall be required to take an
oath of profession before any member of the Board or before any government official authorized
of the Commission or any person authorized by law to administer oaths upon presentation of
proof of his/her qualification, prior to entering upon the practice of the profession.

SEC. 17. Issuance of Certificate of Registration and Professional Identification
Card. A certificate of registration shall be issued to examinees who passes the licensure
examination subject to payment of fees prescribed by the Commission. The Certificate of
Registration shall bear the signature of the chairperson of the Commission and the chairman
and members of the Board, stamped with the official seal of the Commission and of the Board,
indicating that the person named therein is entitled to the practice of the profession with all the
privileges appurtenant thereto. The said certificate shall remain in full force and effect until
withdrawn, suspended or revoked in accordance with this Act.

A Professional Identification Card bearing the registration number date of issuance,
expiry date, duly signed by the chairperson of the Commission, shall likewise be issued to every
registrant renewable every three (3) years.


SEC 18. Roster of Licensed Agroforesters. A roster showing the names and place of
business of all registered professional agroforesters shall be prepared and updated by the
Board, and copies thereof shall be made available to any party as may deemed necessary.

SEC. 19. Indication of Certificate of Registration, Identification Card and
Professional Tax Receipt. The licensed Agroforester shall be required to indicate his/her
certificate of registration number, the date of issuance, the duration of validity, including the
Professional Tax Receipt number on the documents he/she signs, uses, or issues in connection
with the practice of his/her profession.

SEC. 20. Refusal to Issue Certificate of Registration and Professional
Identification Card. The Board shall not register and issue a certificate of registration and
Professional Identification Card to any successful examinee convicted by the court of competent

jurisdiction of a criminal offence involving moral turpitude or guilty of immoral and dishonorable
conduct to any person or unsound mind. in the event of refusal to issue certificate for any
reason, the Board shall give the applicant a written statement setting forth the reasons for such
action, which statement shall be incorporated in the record of the Board.

SEC. 21. Suspension and Revocation of Certificate of Registration and
Professional Identification Card and Cancellation of Special Permit. The Board shall have
the power, upon the notice and hearing, to suspend or revoke the practitioner's certificate of
registration and professional identification card or suspend his/her from the practice of his/her
profession or cancel his/her special permit for any of the causes or ground mentioned under
Section 20 of this Act or any of the provisions of this Act, and its implementing rules and
regulations, the Agroforesters’ Code of Ethics and the technical and professional standards of
practice for Licensed Agroforesters.

SEC. 22. Reinstatement, Reissuance and Replacement of Revoked or Lost
Certificates. The Board may, after the expiration of two (2) years from the date of revocation of
a certificate of registration and upon application and for reasons deemed proper and sufficient,
reinstate the validity of a revoked certificate of registration and in so doing, may, in its discretion,
exempt the applicant from taking another examination.

A new certificate of registration to replace lost, destroyed, or mutilated certificate/license
may be issued, subject to the rules and promulgated by the Board and the Commission, upon
the payment of the required fees.

ARTICLE IV

PENAL AND MISCELLANEOUS PROVISIONS


SEC. 23. Penal Provisions. Any person who shall practice the Agroforestery profession
in the Philippines within the meaning of this Act without a certificate of registration and/or
professional license in accordance herewith, or any person presenting or using as his/her own
Certificate of Registration or professional licensure belonging to another, or any person giving
any false or forged evidence to the Commission in order to secure a professional license, or any
person assuming, using or advertising as a registered professional agroforester without having
been conferred such title, or advertising any title description tending to convey the impression
that he or she is a registered professional Agroforester, shall, upon conviction, by a fine of not
less than Fifty Thousand Pesos (50,000.00) or by imprisonment for a period not exceeding two
(2) years or both, at the discretion of the court.

SEC. 24. Employment of Agroforesters in the Government. |n furtherance of the
national government's program for sustainable agricultural development, there is a need to
adopt mechanisms for the placement and employment of agroforestry graduates in the
government sector.

Thus, it is hereby mandated that all municipalities with at least twenty per centum (20%)
of the total upland area of the municipality shall create at least one (1) plantilla position for
Agroforestry Officer at the Municipal Agriculturist Office, all provinces shall create at least one
(4) plantilla position for Agroforestry Specialist at the Office of the Provincial Agriculturist. The
aforesaid agroforestry plantilla positions shall be occupied by a professional Agroforester as
defined in this Act.

Whenever necessary, national goverment agencies concemed in agroforestry-related
activities may also create plantila positions for agroforesters as they may deem appropriate.

The Board shall initiate the development of a position classification standards to be led
by the Civil Service Commission in collaboration with the Department of Agriculture, the
Department of Interior and Local Government and the Department of Environment and Natural
Resources, one (1) year after the approval of this Act in accordance with existing Salary
Standardization Laws

SEC. 25. Implementing Rules and Regulations. Within ninety (90) days after the
effectivity of this Act, the Board, subject to the approval of the Commission and in coordination
with accredited national professional organization of licensed agroforesters, shall adopt and
promulgate the rules and regulations necessary to carry out the provisions of this Act.

SEC. 26. 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. 27. Transitory Provision. All graduates with Bachelors Degree, Major in
Agroforestry shall be allowed to take the Agroforestry Licensure Examination within two (2)

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years from the effectivity of this Act under the rules and regulations to be promulgated by the
Board subject to the approval by the Commission.

SEC 28. Foreign Reciprocity. Except in the case of persons otherwise exempt under
the provisions of this Act, no agroforester who is a citizen of a foreign country or a particular
state shall be granted any of the rights of privilege under this Act, unless the country or state of
which he is a subject or a citizen permits agroforesters who are Filipino citizens to practice
within its territorial limits on the same basis as the subjects or citizens of such country or state
but under the circumstances shall such a set-up be initiated by the Philippine Government.

SEC. 29. Enforcement. The Professional Regulation Commission (PRC) 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 (IRR) as adopted by the
Board, conduct investigations of complaints including violations of the Code of Ethics/Conduct
of the profession and prosecute when so warranted. If necessary, the Commission may seek
the assistance of other duly constituted authorities in the enforcement of the law.

SEC 30. Separability Clause. If any provision of this Act or an application thereof to any
Person or circumstance is held to be invalid, the other provisions of this Act, and the application
of such provision to other persons or circumstances, shall not be affected thereby,

SEC. 31. Repealing Clause. All existing laws, orders, rules and regulations or parts
thereof deemed inconsistent with the provisions of this Act are hereby repealed, amended, or
modified accordingly.

SEC. 32. Effectivity. This Act shall take effect fifteen (15) days following its complete

Publication in the Official Gazette or in any two (2) newspapers of general circulation, whichever
comes first.

Approved,