REPUBLIC OF THE PHILIPPINES om ECEIVED a)
HOUSE OF REPRESENTATIVES 3 ’ pave: MAY 14 a
Quezon City j

EIGHTEENTH CONGRESS:
First Regular Session

House Bill No. __6740_

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN II

EXPLANATORY NOTE

Republic Act No. 8435, otherwise known as the Agriculture and Fisheries Modernization
‘Act, recognizes the important role of agriculture and fisheries graduates in spearheading the
continuing modemization and development of agricultural production and agribusiness. To
further ensure the competency of agriculturists in the country, the Professional Regulation
Commission has passed Resolution No. 2000-63 which mandates the licensure examination
of agriculture graduates. The licensing and regulation of the practice of agriculture was
delegated then to the Board of Agriculture.

This bill intends to institutionalize the Board of Agriculture to regulate the practice and
professionalization of agriculturists. Further, it also aims to establish a competitive licensure
‘examination to ensure the continuing development of qualified agriculture professionals and
recognize their importance in nation-building and development.

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

MANUEL DG) CABOCHAN III
Representative
Magdalo Para Sa Pilipino Party-List


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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 6740

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN IIT

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 the House of Representatives of the Philippines in Congress
assembled:

ARTICLE I
PRELIMINARY PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the “Professional
Agriculturists Act.”

SEC. 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.

SEC. 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 curriculum;


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

(©) The integration of the Agriculture profession.

SEC. 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 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;

(©) Board refers to the Professional Regulatory Board of Agriculture;
(@) Commission refers to the Professional Regulation Commission;

(©) 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 I
PROFESSIONAL REGULATORY BOARD OF AGRICULTURE

SEC. 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 III 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 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.



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

(@) Bea 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;

(@) Be 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;

(©) Be a Licensed Agriculturists, 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;

(O) 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.

SEC. 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 research in any Agriculture-related research 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 Agriculture, and as such, shall be governed
by the provisions of this Act.

SEC. 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
Agriculturist;

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

(@) Prepare and modify the question 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 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;

j) Issue subpoena ad testificandum and subpoena ducestecum 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;

(I) 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.

SEC. 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 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.

SEC. 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.

SEC. 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.

SEC. 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, appears
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.

SEC. 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 II
LICENSURE EXAMINATION AND REGISTRATION

SEC. 14. Licensure Examination. — Unless otherwise provided, every applicant
seeking to be registered and licensed as a Licensed Agriculturists 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.

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

(a) Crop Science

(b) Animal Science

(©) Soil Science

(4) Crop Protection

(©) 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.

SEC. 16. Qualifications of Applicants for Examination, — In order to be admitted to
the Agriculturists Licensure Examinations, 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;

(©) Non-holders of Bachelor's Degree in Agriculture but has a 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.


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(@) 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 cligibility; provided,
further, that he/she has finished a minimum of thirty-six (36) units of agricultural
subjects.

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

SEC. 17. Ratings in the Examination. — In order for an examinee to pass the
examination, he/she must 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.

SEC. 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.

SEC. 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 ca prove to the satisfaction of the
Board that:

(a) He/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.

(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.

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


SEC. 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 be 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.

A PIC 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.

SEC. 21. Refusal the 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.

SEC. 22. Revocation or Suspension 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 concemed, 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.

‘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.

SEC. 23. Roster of Professional Agriculturists. ~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.

SEC. 24. 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 or inadequacy of local Licensed Agriculturists for the purpose of promoting or
enhancing the practice of the Agriculture profession in the Philippines.


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‘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.

SEC. 25. 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

SEC. 26. 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.

SEC. 27. 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.

SEC. 28. Professional Title Appendance. - Only a Licensed Agriculturist as herein
defined may append after his/her names the title “L.Agr.”

SEC. 29. 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 Agriculturists, or use the title, word, letter, Agriculturists, 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 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.

SEC. 30. 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.


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Nobody shall be allowed to be a member, partnership or association unless he is a duly
registered and licensed agriculturists,

SEC. 31. Employment of Agriculturists in the Government. - National government
agencies concerned in agriculture-related activities must allocate plantilla positions for
Licensed Agriculturists.

Alll Provincial, City and Municipal Agriculturists Offices shall be headed by Licensed
Agriculturists only including all 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.

The Board shall formulate 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.

SEC. 32. Employment of Agriculturists in the Private Sector. ~ Private agricultural
corporations and enterprises shall allocate at least one (1) Licensed Agriculturists.

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.

SEC. 33. 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
Agriculturists.

SEC. 34. 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.

SEC. 35. 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.

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ARTICLE V
PENAL AND FINAL PROVISIONS

SEC. 36. 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 Fifty Thousand Pesos (P50,000.00) or
more than Five Hundred Thousand Pesos (P500,000.00), or imprisonment of not less than six
(6) months nor more than six (6) years, or both, at the discretion of the court.

SEC. 37. 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.

SEC. 38. 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.

SEC. 39. 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.

SEC. 40. Separability Clause. — If any clause, sentence, paragraph or part of this Act
shall be declared unconstitutional or invalid, such judgement shall not affect, invalidate or
impair any other part of this Act.

SEC. 41. 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.

SEC. 42. 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,

W