Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

House Bill No. 394

Introduced by Representative Gabriel H. Bordado, Jr.

EXPLANATORY NOTE

The agriculture industry plays a huge role in contributing to both the economy
and the food security of the Philippines. The industry is made up of four sectors —
farming, fisheries, livestock, and forestry — and together, these sectors make up 22.9
percent of the total labor force of the country in 2019, according to the Philippine
Statistics Authority. Major products produced and exported to different countries
include rice, corn, coconut, sugarcane, bananas, pineapple, coffee, mangoes,
tobacco, and abaca. The agriculture industry contributes up to twenty percent of the
country’s GDP. However, due to different issues like the continuous damage to the
world's natural resources and conversion of agricultural land into residential and
commercial areas, the agriculture industry and, in turn, the food security of the country
are currently being challenged despite the industry's sizeable contribution to the
country. It is because of these challenges that it becomes pertinent to seek ways to
improve and develop agriculture in the country.

With the sizeable contribution of the agriculture industry to the economic growth
and food security of the country, it is important that we aid the modernization of the
agriculture processes and ensure that professionals in the industry are well equipped
with skills and the knowledge to be globally competitive. The Professional Regulation
Commission created the Board of Agriculture pursuant to the policies and objectives
of the Agriculture and Fisheries Modernization Act of 1997 in order to oversee the
licensing and regulation of the practice of agriculture and to ensure that importance is
given to the professionalization of the agriculture profession. However, the regulation
of the practice of agriculture still currently faces numerous issues and concerns.

This bill seeks to put at par agriculture with other professions such as the
accounting, engineering, food technology, and forestry to name a few, by regulating
its practice thereby ensuring the continuing professional development of agricultural
workers.

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

Se fy Mee

GABRIEL H. BORDADO, JR.
Third District, Camarines Sur


BONS

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

394

House Bill No.

Introduced by GABRIEL H. BORDADO, JR.

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

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

Section 1. Short Title- This Act shall be known as the "Professional Agriculturists
Act of 2022.”

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

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

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

(c) The development and upgrading of the Agriculture curriculum;

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

(€) The integration of the Agriculture profession.

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

(a) Accredited Integrated Professional Organization (AIPO) refers to the one and


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only national organization of Licensed Agriculturists that is accredited by the
Professional Regulation Commission and Professional Regulatory Board for
Agriculturists;

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

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

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

(f) 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

Section 5. Creation and Composition of the Professional Regulatory Board of
Agriculture- There is hereby created a Professional Regulatory Board of Agriculture,
hereinafter referred to as the Board, under the administrative supervision and control
of the Professional Regulation Commission, hereinafter referred to as the
Commission. The Board shall be composed of a chairperson and five (5) members.
Each member shall represent one of the six (6) fields of specialization listed in
Section15, Article Ill hereof. The chairperson and members of the Board shall be
appointed by the President of the Philippines from the two (2) recommendees for each
position submitted by the Commission from a list of three (3) nominees for each
position submitted by the Accredited Integrated Professional Organization (AIPO) for
Licensed Agriculturists. Other professional agricultural organizations duly registered
with the Securities and Exchange Commission (SEC) may submit nominees, through
the AIPO.

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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


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

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

(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.

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

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

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

Section 10. Compensation and Allowance of the Chair and Members of the
Board - The chairperson and members of the Board shall receive compensation and
allowances comparable to the compensation and allowances received by the
chairpersons and members of the other Professional Regulatory Boards under the
Commission as provided in the annual General Appropriation Act.



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

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

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

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

ARTICLE Ill
LICENSURE EXAMINATION AND REGISTRATION

Section 14. Licensure Examination- Unless otherwise provided, every applicant
seeking to be registered and licensed as a Licensed 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.

Section 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

(c) Soil Science

(d) Crop Protection

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

(f) 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.


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

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

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

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

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

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

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

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

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

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


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

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

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

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.

Section 21. Refusal the Register - The Board shalll 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 shalll be set forth in writing.

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

Section 23. Reinstatement, Reissuance or Replacement of Certificate of
Registration, Professional Identification Card and Special Temporary Permit —
The Board may, after two (2) years from the date of revocation of COR, reinstate any
revoked COR and reissue a new PIC.

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

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


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

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

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

ARTICLE IV
PRACTICE OF AGRICULTURE PROFESSION

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

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

Section 29. Professional Title Appendage - Only a Licensed Agriculturist as herein
defined may append after his/her names the title “L.Agr.”

Section 30. Prohibition Against the Unauthorized Practice of Agriculture
Profession - No person shall practice the Agriculture profession in the Philippines or
offer himself/herself as a Licensed Agriculturist, or use the title, word, letter, figure, or
any sign tending to convey the impression that one is a Licensed Agriculturist, or
advertise or indicate in any manner whatsoever that one is qualified to practice the
profession unless he/she has complied with all the requirements for registration, with
or without examination, and is a holder of a valid COR and PIC or a valid STP duly
issued by the Board and the Commission.

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

No firm, company, partnership, association or corporation may be registered or
licensed to practice the agriculture profession; Provided, however, that persons
registered and licensed as agriculturists may, among themselves, form a firm,
partnership or association using the term “Agriculturists” and obtain registration with
the Securities and Exchange Commission (SEC) or with the appropriate agency of the


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Government, as the case may be. Nobody shall be allowed to be a member, partner
or associate in such firm, partnership or association unless he is a duly registered and
licensed agriculturist.

Section 32. Employment of Agriculturists in the Government- National and
regional government agencies concerned in agriculture activities shall ensure that all
existing plantilla positions are occupied by Licensed Agriculturists.

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

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

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

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

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

Section 34. Accredited Inte Pi sional Organization (AIPO)- Ail 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.

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

Section 36. Vested Rights: Automatic Registration of Agriculturists — All
Licensed Agriculturists who are registered and licensed at the time this Act takes effect
shall automatically be registered hereunder.



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ARTICLE V
PENAL AND FINAL PROVISIONS

Section 37. Penal Provision - Any violation of this Act, its IRR, Code of Ethics and
Code of Technical Standards or other regulatory policies of the Board and the
Commission, shall be meted the penalty of a fine of not less than Fifty Thousand Pesos
(P 50,000.00) or more than Five Hundred Thousand Pesos (P500, 000.00), or
imprisonment of not less than six (6) moths nor more than six (6) years, or both, at the
discretion of the court.

Section 38. Appropriations - The chairperson of the Commission shall immediately
include in the Commission's programs the implementation of this Act, the funding of
which shall be included in the annual General Appropriations Act and thereafter.

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

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

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

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

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

Approved,