Republic of the Philippines

HOUSE OF REPRESENTATIVES R Z
Quezon City 03 JUL 2013

icin
SIXTEENTH CONGRESS, .

First Regular Session

1663

House Bill No.

Introduced by Honorable Neptali M. Gonzales II

EXPLANATORY NOTE

Advances in the world’s major industries have seen the rise in
technologies such as robotization and automation. These were adopted by
major industrial concerns to meet market demands, and improve
productivity as well as efficiency. The accelerated pace that accompanied
this technological development came to mean the introduction of improved
instruments, fast and efficient monitoring and control system, and
sophisticated data acquisition systems that are capable of integrating and
controlling the various loops in production process. It also meant the
evolution of the branch of engineering now known as instrument and control

engineering.

Today, with the continued innovation in technology and the
development of industrial standards of excellence (e.g. ISO ratings),
instrument and control engineers and technicians are called upon to
innovate and improve their level of competence and professional integrity.
‘Their stewardship of a crucial in the world’s industrial process requires
nothing less. Equally so, the State must now initiate the enactment of a law

that will professionalize the practice and control of instrumentation and


control engineering in the country. This will, in part, guarantee the
compliance of practitioners in this engineering discipline with the demands
of demands of competitive and highly innovative profession.

This proposed bill seeks to address this need by:

1. Creating the Board Examiners for Instrumentation and Control
Engineers;

2. Mandating the examination and subsequent registration of
applicants intending to practice instrumentation and control
engineering; and

3. Establishing regulations that will govern the practice of the

profession.

The country’s drive toward industrialization, modernization,
competitiveness, and our integration into the global economic structure will
come to mean the readiness of both public and private sectors to keep apace
with social and economic forces. Toward this end, providing the necessary
infrastructure as well as professional regulations to those who play a major
part in this drive is necessary.

In the light of the foregoing, early passage of this bill is earnestly
sought.

NEPTALI M/GONZALES IL


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No. _ 4 663

Introduced by Honorable Neptali M. Gonzales II

AN ACT
REGULATING THE PRACTICE OF INSTRUMENTATION AND CONTROL
ENGINEERING IN THE PHILIPPINES AND FOR OTHER PURPOSES

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

ARTICLE I
GENERAL PROVISIONS

SECTION 1. Title, - This Act shall be known as the “Philippine

Instrumentation and Control Engineering Law of 2013”.

SEC 2. Statement of Policy. - The State recognizes the role of
Instrumentation and Control Engineers in nation-building and development.
The State likewise recognizes the need to regulate the practice of the
profession with the end in view of developing competent and well-rounded
Instrumentation and Control Engineers whose standards of professional

service shall be excellent, qualitative and globally competitive.


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SEC. 3. Definition of Terms. - As used in this Act, the following terms

shall mean:

(a) Instrumentation - It is the collection of instruments of their
application for the purpose of observation, measurement or
control.

(b) Instrumentation and Control Engineering - The practice of
Instrumentation and Control Engineering shall mean the rendering
or offering of professional Instrumentation and Control Engineering
service for a fee, salary or other reward of compensation paid
through him/her or through another person, or even such rewards
or compensation. The term shall be synonymous with “rendering

Instrumentation and Control Engineering service”.

SEC. 4. Scope of Practice, - The practice of Instrumentation and

Control Engineering within the context and intent of this Act shall embrace

the following:

(a) Design of Front-End Engineering which includes Process and
Instrument Diagram (P & ID); Detailed Engineering which includes
the making of Instrument Index, Specifications/Data Sheets,
Control Diagrams, Logic Diagrams, Ladder Diagrams, Isometric
Drawings, Termination © Drawings, Loop _ Drawings,
Instrument/Junction Box Location Drawings, Cable Tray Support
and Installation Details, Hook-up Drawings, Instrument Support
Fabrication and Installation Details, and Control Panel Layout
Special Calculations which include Orifice Sizing; System

Automation which includes Programmable Logic Controller (PLC),
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Distributed Control System (DCS), Supervisory Control and Data
Acquisition (SCADA), Telemetring, Pneumatics, and Hydraulics.

(b) Project Implementation;

(c) Start-up Commissioning;

(d) Maintenance, Calibration, trouble-Shooting and Repair;

(e) Consultation, Investigation, Evaluation and System Integration;

( Teaching of Instrumentation and Control Engineering Subjects;

(g) Sale and Distribution of Instrumentation and Control Equipment
Systems; and

(h) Professional research and laboratory work supporting the activities

listed in Subsection (a) hereof.

ARTICLE II

BOARD OF INSTRUMENTATION AND CONTROL ENGINEERING

SEC. 5. Creation And Composition of the Board. - ‘There is hereby
created a Board of Instrumentation and Control Engineering, hereinafter
referred to as the Board, composed of a Chairman and two (2) Members who
shall be appointed by the President of the Philippines from the
recommendees of the Professional Regulation Commission, hereinafter
called the Commission, from the nominees chosen and ranked by the
integrated and accredited association of Instrumentation and Control

Engineers.

SEC. 6. Powers and Functions of the Board. - The Board shall be

vested with the following powers and functions:


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(a) Promulgate, administer and enforce rules and regulations
necessary for carrying out the provisions of this Act, in accordance
with the charter of the Commission;

(b) Supervise and regulate the registration, licensure and practice of
Instrumentation and Control Engineering in the Philippines;

(c) Administer oaths in connection with the administration of the Act;

(d) Adopt an official seal of the Board;

(c) Maintain a roster of Instrumentation and Control Engineers
indicating therein the basic information about the registered
professionals;

( Issue, reinstate, suspend or revoke the Certificate of Registration
and/or Professional License for the practice of Instrumentation and
Control Engineering;

(g) Monitor the conditions affecting the practice of Instrumentation
and Control Engineering and adopt such measures as may be
deemed proper for the enhancement of the profession and/or
maintenance of high professional, ethical and technical standards;

(h) Ensure, in coordination with the Commission on Higher Education
(CHED) that all educational institutions offering Instrumentation
and Control 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) Prescribe and/or adopt a Code of Ethics for the practice of

Instrumentation and Control Engineering;


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() Hear or investigate any violation of this Act, its implementing rules
and regulations and the Code of Ethics for Instrumentation and
Control engineers as shall come to the knowledge of the Board, 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;

(k) Prescribe guidelines and criteria in the Continuing Professional
Education (CPE) program for Instrumentation and Control
Engineers;

() Adopt a program for the full computerization of the licensure
examination;

(m) Prepare, adopt and issue the syllabi of the subjects for the
examinations by determining and preparing the questions which
shall strictly be within the scope of the syllabus of the subject for
examination;

(n) Approve registration without examination, subject to review by the
Commission;

(0) Issue special permits to persons admitted to the practice of
Instrumentation and Control Engineering for a specific duration of
time, and certificates of recognition to Instrumentation and Control
Engineers for advance studies, researches, highly specialized
trainings, and accomplishments that contribute to the enrichment
of the profession;

(p) Submit an annual report after the close of each fiscal year on the

proceedings and accomplishments of the Board during the year as

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well as any recommendation of the same to the Commission with
the end in view of upgrading and improving the conditions affecting
the practice Instrumentation and Control Engineering in the
Philippines; and

(q) Discharge such other powers and functions as the Board may
deem necessary for the practice of the profession and the
upgrading, enhancement, development and growth of

Instrumentation and Control Engineering in the Philippines.

The policies, resolutions, rules and regulations, orders or decisions
issued or promulgated by the Board shall be subject to the review and
approval of the Commission: Provided, however, That the decisions,
resolutions or orders rendered by the Board which are not interlocutory in

an administrative case, shall only be subject to review on appeal.

SEC. 7. Qualifications of the Chairman and the Members of the Board.
- The Chairman and the Members of the Board shall, at the time of
appointment, possess the following qualifications:
(a) Must be a citizen and resident of the Philippines;
(b) Must be at least Thirty-five (35) years of age;
(c) Must be proven integrity and with high moral values as evidenced
by his past professional conduct;
(d) Must be a graduate of Instrumentation and Control Engineering;
(e) Must be duly registered Instrumentation and Control Engineer
under this Act with a valid Certificate of Registration and

Professional License and have been in the active practice of the


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profession for a period of not less than ten (10) years either in the
government service or the private sector;

() Must be a member in good standing of the integrated and
accredited association of Instrumentation and Control Engineers;

(2) Must not have any pecuniary interest, directly or indirectly in any
school, academy, college, university or institution conferring an
academic degree necessary for admission to the practice of
Instrumentation and Control where review classes in preparation
for the licensure examination are being offered or conducted, nor
shall be a member of the faculty or of the faculty or of the
administration thereof at the time of his appointment to the Board;
and

(h) Must not have been convicted of any offense involving moral

turpitude.

SEC. 8. Term of Office. - The Chairman and Members of the Board
shall hold for three (3) years or until their successors shall have been
appointed and duly qualified: Provided, That Members of the first appointed
Board shall hold office for the following terms: one (1) Member as Chairman
for three (3) years, one (1) Member for two (2) years and one (1) Member for
one (1) year.

‘The Chairman and Members of the first Board shall automatically be
registered as Instrumentation and Control Engineers and issued with

Certificate of Registration and Professional License.


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The Chairman or Member of the Board may be reappointed for
another term but in no case shall he/she serve continuously for more than

six (6) years. They shall take oath of office prior to assumption of duty.

SEC. 9. Compensation and Allowances of the Board. - The Chairman
and Members of the Board shall receive compensation and allowances
comparable to that being received by the Chairman and Members of the
existing regulatory boards under the Commission as provided for in the

General Appropriations Act.

SEC. 10. Vacancy and Removal . - Any vacancy in the Board shall be
filled up for the unexpired portion of the term only.

The Chairman or any Member of the Board may suspended or
removed by the President of the Philippines upon recommendation of the
Commission for neglect of duty, incompetence, malpractice, commission of
tolerance of irregularities in any examination given by the Board,
unprofessional or unethical conduct, after due notice and hearing where
his/her right to be heard, to defend himself/herself and to be assisted by
counsel shall be respected in a proper administrative investigation: Provided,
That during the process of investigation, the Commission shall have the
power to suspend such Member under investigation and shall appoint a
temporary Member in his/her place. The Commission’s decision may be
appealed within fifteen (15) days to the President of the Philippines whose

decision shall be final and executory.

SEC. 11. Supervision of the Board, Custodian of its Records, Secretariat
and Support Services. - The Board shall be under the general supervision

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and administrative control of the Commission. All the records of the Board,
including applications for examination, examination papers and results,
minutes of deliberation, administrative cases, and other investigated cases
involving Instrumentation and Control Engineers shall be kept by the
Commission,

The Commission shall designate the Secretary of the Board and shall

provide the secretariat and other support services to implement the

provisions of this Act.

ARTICLE IIL

EXAMINATION AND REGISTRATION

SEC. 12. Licensure Examinations. - Every applicant secking to be
registered and licensed as Instrumentation and Controls Engineers or
Instrumentation and Control Technicians shall undergo and pass a written
technical examination to be given by the Board as least once a year in such

places and dates as the Commission may designate.

SEC. 13. Qualifications for Examination. - Any person applying for
admission to the licensure examination for Instrumentation and Control
Engineering or Instrumentation and Control Technicians shall establish to
the satisfaction of the Board that:

(a) He is a citizen of the Philippines;

(b) He is of good reputation and unsullied moral character;

(c) He has not been finally convicted by a competent court of an

offense involving moral turpitude;


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(d) For Instrumentation and Control Engineering, he is a graduate of a
prescribed course in Instrumentation and Control Engineering
from any school, academy, institute, college or university
recognized and accredited by the Philippine Government or the
state wherein it is established: Provided, That within three (3) years
after the approval of this Act, certified holders of Associate in
Instrumentation and Control Engineering, Instrumentation
Technology, or any allied engineering courses, with at least five (5)
years of active practice in instrumentation and control or allied
fields, shall be qualified to take the licensure examination for
Instrumentation and Control Engineering;

(e) For Instrumentation and Control Technician, he must possess any
of the following qualifications:

(1) He has completed at least three (3) years of a five-year course in
Bachelor of Science in Instrumentation and Control Engineering
or a three-year course in Instrumentation and Control
Technology from an engineering school, academy, institute,
college or university recognized and accredited by the Philippine
Government or the state wherein it is established and, in
addition, has at least one (1) year of practice in maintenance,
calibration, etc.; or

(2)He has graduated from a two-year vocational course on
electronics and, in addition, has at least two (2) years of

apprenticeship in instrumentation; or

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(3) He has completed a one-year vocational course on electronics or
industrial electricity and, in addition, has at least three (3) years
of apprenticeship in Instrumentation; or

(4) He has completed a four-year high school education or its
equivalent and, in addition, has a least five (5) years of

apprenticeship in Instrumentation.

SEC. 14. Scope of Examination. - The Board shall prescribe the
subjects for Instrumentation and Control Engineering as well as that for the

Instrumentation and Control Technician.

SEC. 15. Release of the Results of Examination. - The Board and the
Commission shall correct and rate the licensure examination papers and
shall release the examination results within fifteen (15) days after the said

examination.

SEC. 16. Ratings in the Examination. ~ An examinee shall be deemed
to have successfully passed the examination if he has obtained an average of
at least seventy percent (70%): Provided, That in no case should the rating in
any subject be less than fifty percent (50%); Provided, further, That an
applicant who fails to obtain a passing average but who obtained at least
seventy percent (70%) in each of at least one-half of the total subjects given
in the examination, may be permitted to take, any number of times, a
removal examination on the subject in which he obtained a grade below
seventy percent (70%), until he has obtained a passing average on all

subjects.

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SEC. 17. Issuance of the Certificate of Registration and Professional
License. - A Certificate of Registration shall be issued to examined who
passed the licensure examination for Instrumentation and Control
Engineering or Technician subject to payment of fees prescribed by the
Commission. The Certificate of Registration shall bear the signature of the
Chairman of the Commission and Members of the Board, stamped with the
official seal, indicating that the person named therein is entitled to practice
the profession with all the privileges appurtenant thereto.

‘The certificate shall remain in full force and effect until withdrawn,
suspended or revoked in accordance with this Act.

A Professional License, duly signed by the Chairman of the
Commission, bearing the registration number, date of issuance, expiry date,
shall likewise be issued to every registrant who has paid the annual
registration, This license will serve as evidence that the licensee can

lawfully practice his profession until the expiration of its validity.

SEC. 18. Registration Without Examination. - The first Board shall,
within a period of two (2) years from the effectivity of this Act, issue a
Certificate of Registration and Professional License without the necessity of
undergoing and passing the licensure examination for Instrumentation and
Control Engineering, to any applicant who with his application for
registration, shall present evidence of proof satisfactory to the Board that:

(a) He/She is a graduate of Instrumentation and Control Engineering;

(b) He/She is in the active practice of the profession for at least ten

(10) years; Provided, That if his/her active practice of the

profession is only eight (8) years, he/she must have passed the
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qualifying examination on Instrumentation Engineering conducted
by the integrated and accredited association of Instrumentation
and Control Engineers;

(c) He is a person of good moral character and can be trusted to
practice Instrumentation and Control Engineering as defined in
this Act; and

(d) For Instrumentation and Control Technicians, he must possess
any of the following qualifications:

(1) He/she has completed at least three (3) years of a five-year

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course in a Bachelor of Science in Instrumentation and Control
Engineering or a three-year course in Instrumentation and
Control Technology from an engineering school, academy,
institute, college and active practice of two (2) years and he/she
has an active practice of Instrumentation and Control for two (2)
years or he/she must have passed the qualifying examination
on Instrumentation and Control by the integrated and
accredited association of Instrumentation and Control

Engineers.

(2) He/She has graduated from a two-year vocational course on

electronics or industrial electricity and, in addition, has at least

four (4) years practice in Instrumentation;

(3) He/she has completed a one-year vocational course on

electronics or industrial electricity and, in addition, has at least

four (4) years practice in Instrumentation; or

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(4)He has completed a four-year high school education or its
equivalent and, in addition, has at least five (5) years practice in
Instrumentation.

(5) He is a member in good standing of the Integrated and

accredited association of Instrumentation and Control Engineer.

SEC. 19. Refusal to Register. - The Board shall refuse to issue the
Certificate of Registration and/or Professional License to any person who
has been convicted by a court of competent jurisdiction of any crime
involving moral turpitude, or has been found guilty of immoral and
dishonorable conduct after due investigation by the Board, or has been
declared to be of unsound mind. The reason for the refusal shall be set

forth in writing and shall be incorporated with the records of the Board.

SEC. 20. Revocation or Suspension of the Certificate of Registration and
Professional License, -‘The Board may, after giving proper notice and hearing
to the party concerned, revoke the practitioner’s Certificate of Registration
and cancel his Professional License, thereby suspending him from the
practice of the profession for any unprofessional or unethical conduct,
malpractice, or violation of any of the provisions of this Act, its rules and
regulations, the Code of Ethics for Instrumentation and Control Engineers,

or upon conviction of any crime.

SEC. 21. Reinstatement, Reissuance or Replacement of Certificate of
Registration and Professional License. - The Board may, upon application
and for reasons deemed proper and sufficient, reinstate any revoked

Certificate of Registration or reissue any suspended Professional License,

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and in so doing, may, in its discretion, exempt the applicant from taking
another examination.

A new Certificate of Registration or Professional License to replace the
lost, destroyed or mutilated ones may be issued subject to the rules

implemented by the Board.

SEC. 22. Renewal of Professional License. ~ The Professional License
shall be renewed every three (3) years upon satisfying the requirements
imposed by the Board, such as attendance in Continuing Professional
Education (CPE) program and payment of the corresponding fees as may be
prescribed by the Board in accordance with the schedule of fees fixed by the

Commission.

SEC. 23. Roster of Instrumentation and Control Engineers and
Technicians. - The Board shall keep a roster of all duly registered and
licensed Instrumentation and Control Engineers and Technicians, indicating
their names, registration numbers, places of work, and other pertinent data.
The Board shall regularly update such roster and make it available to all

interested parties.

SEC, 24. Issuance of Temporary or Special Permits. - Without
prejudice to existing laws on the practice of professions by foreigners in the
Philippines, the following may be issued temporary or special permits to
practice Instrumentation and Control Engineering in the Philippines:

(1) Foreign registered and/or licensed Instrumentation and Control

Engineers recognized as experts in their specific fields, called in by

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the Philippine Government for Consultation or for specific design,
installation or project; and

(2) Foreign registered and/or licensed Instrumentation and Control
Engineers who have distinguished themselves in their respective
fields of specialization and who are either directly hired or
employed as exchange professors or lecturers on Instrumentation
and Control Engineering subjects by Philippine schools, colleges,

institutes or universities.

Provided, however, That their practice of the profession shall be
limited to the particular work for which they are commissioned. Provided,
further, That the said temporary or special permits shall be valid for one (1)

year subject to renewal every year.

ARTICLE IV

PRACTICE OF INSTRUMENTATION AND CONTROL ENGINEERING

SEC. 25. Prohibitions and Limitations in the Practice of Instrumentation
and Control Engineering. - No person shall offer himself in the Philippines
as, or use the title “Instrumentation and Control Engineer” or
“Instrumentation and Control Technician”, or use any word, letter figure, or
sign whatsoever, tending to convey the impression that he is an
Instrumentation and Control Engineer or Instrumentation and Control
‘Technician, or advertise that he is qualified to perform the work of such,

without holding a valid Certificate of Registration and valid Professional

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License in accordance with this Act, except as provided under Section 24

thereof.

SEC. 26. Professional Oath - All successful candidates in the
examination or registration shall be required to take an professional oath
before any member of the Board or any person duly authorized by the

Commission, prior to the practice of the profession.

SEC. 27. Seal of Registered Instrumentation and Control Engineers ~
All registered and licensed Instrumentation and Control Engineers shall
obtain and use a seal of a design prescribed by the Board bearing the
registrant’s name, registration number and the legend Registered
Instrumentation and Control Engineer. Plans, specifications, reports and
other professional documents prepared by and/or executed under the
supervision of, and issued by the registrant shall be stamped on every
sheet/page with said deal when filled with Government agencies or
institutions or when used professionally. It shall be unlawful for anyone to
stamp any document with said seal after the certificate of the registrant

named therein has been suspended or revoked.

SEC. 28. Code of Ethics. - The Board shall adopt the Code of Ethics
for Instrumentation and Control Engineering which shall be promulgated by
the integrated and accredited association of Instrumentation and Control

Engineers.

SEC. 29. Continuing Professional Education (CPE) Program. - All

registered Instrumentation and Control Engineers and Technicians shall

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comply with the pertinent rules and regulations already prescribed and/or
as may be prescribed and promulgated by the Commission with respect to

the Continuing Professional Education (CPE) Program.

SEC. 30. Integration of Instrumentation and Control Engineers. ~ All

Instrumentation and Control Engineers and Technicians shall be integrated
into one (1) national organization, which shall be recognized by the Board as
the one and only integrated and accredited national organization of
Instrumentation and Control Engineers and Technicians.

All Instrumentation and Control Engineers and Technicians duly
registered with the Board shall automatically become a member of the
integrated and accredited association of Instrumentation and Control
Engineers and Technicians, and shall receive the benefits and privileges
appurtenant thereto upon payment of the required fees and dues.
Membership in the said integrated and accredited association shall not be a
bar to membership in other associations of Instrumentation and Control

Engineers and Technicians.

SEC. 81. Foreign Reciprocity. ~ No foreign Instrumentation and Control
Engineers shall be admitted to the examination or be given a Certificate of
Registration or be entitled to any of the privileges under this Act unless the
country of which he is a subject or citizen specifically permits Filipino
Instrumentation and Control Engineers to practice within its territorial
limits on the same basis as the subjects or citizens of such foreign state or

country.

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ARTICLE V

MISCELLANEOUS PROVISIONS
SEC. 32. Funding Provisions. - Such sums as may be necessary to
carry out the provisions of this Act shall be included in the General
Appropriations Act of the year following its enactment into law and

thereafter,

SEC. 33. Enforcement of the Law. - Any law enforcement agency, upon
its initiative or call/request of the Board and/or Commission, shall render
assistance in enforcing this Act, including its rules and regulations, by
apprehending the violators thereof and charging them in accordance with

law and the rules of Court.

SEC. 34. Implementing Rules and Regulations. ~ Subject to the
approval of the Commission, the Board shall adopt and promulgate such
rules and regulations, including the Code of Ethics for Instrumentation and
Control Engineers, to carry out the provisions of this Act, which shall be
effective after thirty (30) days following their publication in the Official

Gazette or in a major daily newspaper of general circulation.

SEC. 35. Penal Provisions. - Any person who shall violate any of the
provisions of this Act or any of its implementing rules and regulations, upon
conviction, shall be punished by a fine of not less than Ten Thousand Pesos
(PhP 10,000.00) nor more than Fifty Thousand Pesos (Php 50,000.00) or by
imprisonment of not less than six (6) months nor more than five (5) years, or

both such fine and imprisonment, at the discretion of the court.

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SEC. 36. Separability Clause. - If any section or provisions of this Act
shall be declared invalid or unconstitutional, such shall not invalidate any

other section or provision of this Act.

SEC. 37. Repealing Clause. — All laws, decrees, executive orders, rules
and regulations or parts thereof which are in conflict with the provisions of

this Act are hereby repealed or modified accordingly.

SEC. 38. Bffectivity. - This Act shall take effect fifteen (15) days
following its full publication in the Official Gazette or two (2) major daily

newspaper of general circulation.

Approved,