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Republic of the Philippines fo ON
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17" CONGRESS }

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First Regular Session

HOUSE BILLNo, 356 5

Introduced by REP. TEDDY BRAWNER BAGUILAT

EXPLANATORY NOTE

‘The rapid deterioration of the environment, as a result of unplanned and often
unrestrained waste disposal, has affected public safety and health. Industrialization and
modernization had likewise produced substances that are now public health concerns. ‘The scope
and complexities of pollution have increased and the need for environmental preservation and
protection has to be broadened. This has prompted the Sanitary Engineers to reassess the
existing Sanitary Engineering Law in order to recommend and adopt measures to carry out more
efficient pollution abatement techniques to preserve the environment and to protect public
health. Hence, there is an urgent need to update the Sanitary Engineering Law to enable the
engincers to be more effective in dealing with today's worsening environmental and sanitation
problems

In the early years of the Sanitary Engineering profession, the practice had been
fandamentally in sanitation, water supply, sanitary and storm sewerage systems, and general
pollution control and industrial hygiene. In recent years, however, the professional
responsibilities had greatly increased to include the following; (1) domestic and industrial
wastewater treatment; (2) septage management system; (3) stream, river sanitation and water
pollution control; (4) atmospheric pollution control, both indoor and outdoor environment; (5)
solid waste management (with sanitary landfill design); and, (6) radioactive, toxic and hazardous
‘material waste management.

With the increasing demand at Local Government Units (LGUs) (© have a sanitary
engineer that can review and approve plans relevant to emerging sanitary engineering works,
such as sanitary landfill (R.A9003); septage treatment plants (PD 856); and water refilling stations
(PD 856) within the context of RA 1364, it is now a must that all LGUs should have a sanitary
and environmental engineer.

Moreover, the Commission on Higher Education (CHED) has realized the need to
update the Sanitary Engineering Law, or Republic Act 1364, in order to prepare the practitioner
to a globally competitive professional in the field of Sanitary and Environmental Engineering
and by recognizing theie specializations based on advanced knowledge, skills and
is likewise noteworthy to mention, that schools and universities offering Bachelor of
Sanitary
Environmental and Sanitary Engineering, consistent with the objective of the Commission on



Higher Education. Morcover, there are international accreditation systems that make the sanitary
and envitonmental engineering courses comparable and competitive like the Accreditation Board
for Engineering and Technologies (ABET)

In addition, itis also proposed that the Sanitary Inspectors, being an allied profession in
the field of sanitary and environmental engineering, shall be upgraded to Sanitarian profession
and integrated under the proposed law, in order to strengthen further the practice and
implementation of the proposed sanitary and environmental engineering law and promote a
ladderized approach for improving their profession.

In view of these developments, it is respectfully requested that Congress ennet the new
Sanitary and Environmental Law to come up with a more definitive and responsive law that will
be globally acceptable and locally responsive to the needs of the people.

Approval of this measure is earnestly requested.

REP. TEOMORO B. BAGU!
ifugao Lone District


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

17% CONGRESS
First Regular Session

3565

HOUSE BILL NO.

Introduced by REP. TEDDY BRAWNER BAGUILAT

AN ACT
PROVIDING FOR A MORE RESPONSIVE AND COMPREHENSIVE
REGULATION FOR THE PRACTICE, LICENSING, REGISTRATION AND
CERTIFICATION OF SANITARY AND ENVIRONMENTAL ENGINEERS AND.
SANITARIANS IN THE PHILIPPINES, AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 1364, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philipines in Congress Assembled
ARTICLE 1
TITLE AND DEFINITION OF TERMS

Section 1. Title - this Act shall be known as the " Sanitary and Environmental Engineering Act
of 2016"

Section 2. Statement of Policy. — The State recognizes the importance of sanitary and
environmental engineers and sanitarians in nation-building and development. Thus, the State
shall develop and surture competent, virtuous, productive and well-rounded sanitary and
environmental engineers and sanitarians whose standard of professional practice and service shall
be excellent, world-class and globally competitive through regulatory measures, programs and
activities

Section 3. Objectives. ~ ‘This Act shall govern but shall not be limited to:

(a) ‘The examination, registration and licensure of sanitary and environmental engineers and
sanitar

(b) The supervision, control and regulation of the practice of sanitary and environmental
engineering and sanitarian professions;

(©) The development and upgrading of the curriculum of the sanitary and environmental
engineering and sanitarian profession in conformity with the approved curriculum of the
Commission on Higher Education (CHED);



(@ The development of the professional competence and specialization of sanitary and
environmental engineers and sanitarians through continuing professional education;

(© The integration of the sanitary and environmental engineers and sanitarian professions; and

(The creation of sanitary and environmental engineer position in all provinces, cities and
municipalities.

Section 4. Definition of Terms. - as used in this Act, shall mean;

©.

p

Board - Regulatory Board of Sanitary F:

gineering.

BSEnSE - Bachelor of Science in Environmental and Sanitary Engineeri

BSSE - Bachelor of Science in Sanitary Engineering,

Chairman - shall mean the chairman of the Regulatory Board for Sanitary Engineers.
CHED - Commission on Higher Education .

‘Commission - Professional Regulation Commission.

‘Commissioner - Chairman of the Professional Regulation Commission. .

CPD - Continuing Professional Development

CPE - Continuing Professional Education.

DEPED - Department of Education

Environmental health — a branch of public health that encompasses the assessment and
control of environmental factors that ean potentially affect health.

Members - members of the Regulatory Board for Sanitary and Environmental
Engineering

PRC ~ Professional Regulation Commission

R.A 1364- An Act Regulating the Practice of Sanitary Engineering in the Philippines also
known as the Sanitary Engineering Law.

Sanitarian ~ the revised title of a Sanitary Inspector who is a person duly registered with
the Board of Examiners for Sanitary and Environmental Engineers as provided in this
Act.

Sanitary Engineer - a person duly registered with the Board of Examiners for S
Engincers as provided in R.A. 1364.

Sanitary and Environmental Engineer -a person duly registered with the board of
examiners for sanitary and environmental engineering in the manner provided in this
Act.


Sanitary Inspector- the previous title of a Sanitarian whose work is to inspect public
places and establishments to ensure that they are complying with sanitation standards.

s. Specialist - as used in this Act shall mean a registered Sanitary and Environmental
Engincer who is certified by the accredited professional organization of PRC on Sanitary
and Environmental Engineering to have demonstrated his advanced knowledge, skills
and experience, in a recognized specialization of Sanitary and Environmental
Engineering, and who is the recipient of a certificate of specialization set forth in section
— of this Act.

1. SOSEE - as used in this Act shall mean the Specialists Organization of Sanitary and
ronmental Engineering, The SOSEE shall be recognized and be given a status as an
affiliate organization by the accredited Professional Organization of PRC.

Section 5. Scope of Professional Practice

5.1 Sanitary and Environmental Engineer. \ person shall be deemed to be practicing
Sanitary and Environmental Engineering within the meaning and intent of this Act when a
person renders, or offers (0 render professional services in the form of, but not limited to the
following:

a. Consultation, valuation, investigation, studies, researches, surveys, reports and
management services requiring sanitary and environmental engineering knowledge;

b. Engineering design; supervision; direction; teaching; preparation of plans, specifications
and projects studies; estimates; monitoring; operation; and maintenance of any

environmental and sanitary engineering systems, processes, works, projects or plants;

Research and laboratory works pertaining to sanitary and environmental engineering;

Human resources development in the field of sanitary and environmental engineering to
include other paramedical and medical sciences;

€. Specialized services as provided by Sec __ of this Act.

5.2 Sanitarian, Under supervision of a registered sanitary and environmental engineer,
Sanitarians shall enforce sanitation regulations and provides education and consultative services
for environmental health programs under the jurisdiction of the local health authority.
Authorizes or denies permits, licenses, or rights to operate certain businesses and makes on-site
inspections at industrial, commercial, residential, and public locations to determine conformity
with the applicable local/national codes, laws, and regulations pertaining to public health,
Specifically, sanitarians shall perform the following activities:

4. Inspects and evaluates premises and establishments having public health significance
such as food service establishments, schools, public swimming pools, bathing beache
dwellings, work places, child care facilities, campgrounds, mobile home parks, w
disposal facilities, private and public water supplies, sewage disposal systems, and sites of
alleged public health nuisances.



d.

ie

Recommends approval of licenses and/or permits for facilities and sites that are in
substantial compliance with applicable regulations as determined through an on-site
inspection or evaluation.

Interprets and enforces regulations and/or recommends changes to help assure
compliance with applicable standards, codes, ordinances and starutes.

Investigates complaints, prepares report findings and corrective action directives and
provides appropriate follow-up assessments, Collects samples and specimens for
laboratory analysis when appropriate.

Supports the epidemiological team in conducting water and sanitation-related illness
investigations.

Reviews plans and standard operating procedures for all new food service facility
construction to ensure compliance with local or national regulations. Responds to the
needs of food service establishments during emergencies. Uses technical expertise and
established policies and procedures to provide guidance.

Assists the general public with their questions and complaints regarding sanitation, waste
disposal and environmental health matters. Educates and provides professional advice on
the prevention and resolution of problem matters based on approved policies and
procedures

Works with various national regulatory agencies such as: Department of Agriculture,
Department of Health, Department of Environmental and Natural Resources and others

to jointly resolve environmental and public health problems.

Prepares reports and correspondence pertaining to their activities

Section 6. Specializations in Sanitary and Environmental Engineering. The following

specializ

a

b.

tions are recognized by this Act:
Public Health Engincering covers the control of all the factors in man’s physical
environment that adversely affect human health. It focuses on the identification and
prevention of transmission of diseases through the control of physical aspects of the
environment including food, water, air, refuse, soil, insects, and vermin and also the
control of domestic and personal hygiene practices. Specific activities include sanitation
of establishments, institutions, and public places; insect and vermin control; industrial
hygiene; nuisance abatement; healthful lighting and ventilation; emergency water supply
and sanitation; environmental health impact assessment; disposal of dead persons,
drinking-water quality management; food sanitation; and other engineering services
related (o the protection of public health and welfare.

‘nvironmental Engineering covers environmental management; solid waste
management; environmental impact assessment; environmental risk assessment and
‘management; atmospheric pollution abatement; noise pollution abatement; land and air
pollution abatement; lake, river and seawater pollution abatement; conservation and
protection of water resources; classification of water; protection of watersheds; toxie and
hazardous substances, and radiological pollution management; remediation of
contaminated soil and groundwater; and clean up and spills remediation.



a

Water Supply Engineering includes water resource engineering, engineering design of
water supply systems; water treatment and purification; water safety planning, water
harvesting and recycling systems.

Wastewater Engineering covers sewage collection, treatment and disposal; sewerage and
storm drainage systems; septage management systems; sanitation safety planning;
wastewater reuse and recycling systems,

Plumbing engineering covers engineering design of plumbing systems for water and
‘wastewater in buildings, swimming pools, and other structures.

Fire protection engineering covers hydraulic analysis and engineering design of water
supply and fire hydrants; fire suppression and extinguishing systems

Article I
BOARD OF SANITARY AND ENVIRONMENTAL ENGINEERING

Section 6. Creation and Composition of the Board. - There is hereby created a Board of

Sanitary and Environmental Engineering, which shall con

off

‘The Board of Sanitary and Environmental Engincering shall consist of a chairman and
three (3) members. Three (3) Board members, consisting of the Chairman and two (2)
other Board members shall be responsible for the sanitary and environmental
engineering licensure examinations and the fourth member shall be responsible for the
sanitarian licensure examinations.

‘The aforementioned Board members for purposes of this Law shall be hereinafter
refected to as the "Board". They shall be appointed by the President of the Philippines
upon the recommendation of the chairman of the Professional Regulation Commission,
from a list of five (8) nominees for the Board of the Sanitary and Environmental
Engineering. All nominees shall be endorsed by the duly accredited professional
organization of the Sanitary and Environmental Engineers and Sanitarians in the
Philippines.

Section 7. Qualifications of the Members of the Board - \ member of the Board shall, at the
time of his appointment, possess the following qualifications:

7.1 Environmental and Sanitary Engineer:

a.

b,

a.

Must be a Filipino citizen and resident of the Philippines for at least 5 years.

At least forty (40) years of age, and of good moral character, of proven integrity with
‘moral values in his personal and professional conduct.

Holder of the degree of Bachelor of Science 5
of Science in Environmental and Sanitary Engineering (BSEnSE), from a university,
school, college, academy or institute in the Philippines that is accredited by the
Commission on Higher Education (CHED);

nginecring (BSSE) or Bachelor

A registered Sanitary Engineer or a registered Sanitary and Environmental Engincer with
fa valid professional license. The Board member to be designated for the licensure


examination for Sanitarians shall be a registered Sanitary Engineer or a registered Sanitary
and Environmental Engineer.

Must not be an official nor a faculty member of, nor have pecuniary interest in, a
university college, school or institution conferring bachelor's degree in environmental
and sanitary engineering, for at least three (3) years prior to this appointment. He must
not be connected with a review center, or with any group or association wherein review
classes or lectures in preparation for the licensure examinations are offered or conducte
at the time of his appointment. He must not be an incumbent officer of the accredited
sanitary environmental engineering association or organization;

£ Have practiced in environmental and sanitary engineering for a period of not less than
ten (10) years prior to his appointment; and

g Have not been convicted of any offense involving moral turpitude;

Section 8. Term of Office. -.\ member of the board shall hold office for a term of three (3)
years from the date of appointment, or until their successor shall have been appointed or
‘qualified. They may, however, be reappointed for the second term as recommended by theit
respective accredited professional organization. Each member shall qualify by taking oath of
office before entering the performance of his duties. Vacancies in the Board shall be filled by the
President of the Philippines, from the list of candidates endorsed by the Commissioner, who
were chosen and recommended from the list of nominces submitted by the accredited
professional organization, but for the unexpired term only, At the expiration of the term of the
Board Chairman, the most senior of the Board member shall temporarily assume and perform
the duties and functions of the Chairman, until a permanent Chairman is appointed by the
President of the Philippines.

Section 9. Compensation and Allowances of the Board Members. The members of the Board
shall receive a monthly compensation in accordance with the salaries and wages stipulated under
the PRC Law, provided, that the Chairman of the Regulatory Board shall receive a monthly
compensation of ten percent (10%) more. Provided, further, that such compensations shall be
increased or modified pursuant to the General Appropriations Act of the year. Provided,
furthermore, that they shall receive other benefits that may be provided by the Law.

Section 10. Supervision of the Board, Custodian of its Records, Secretariat and Support
Services. - The Board shall be under the administrative supervision of the Commission. All
records of the Board, including examination papers, minutes of deliberation, records of
administrative cases and investigations and examination results shall be for control and
disposition of the Commission. ‘The Commission shall designate the secretary of the Board and
shall provide secretariat and other support services to implement the implementation of this Act.

Section 11. Powers, Functions and Responsibilities of the Board ~The Board shall exercise
the following powers, functions and responsibilities:

a. To promulgate the implementing rules and regulations necessary in carrying out the
provisions of this Act.

b, To regulate the practice of the environmental and sanitary engineering profession and
sanitarians, in accordance with the provisions of this Act;


a.

©

To supervise the registration, licensure and practice of registered environmental and
sanitary engineers and sanitarians in the Philippines;

To issue the centficate of registration to successful examinees and to registered sanitary
engineers already practicing prior to the effectivity of this Act and to sanitarians who
have been accredited by the appropriate government agency prior to the effectivity of
this Act.

‘To administer oaths.

To issue a Special Permit, subject to the approval of the Commission, to qualified
foreign environmental and sanitary engineers, who may be authorized by the existing
laws to practice environmental and sanitary engineering in the Philippines, for a specific
project and for a specific duration of time.

‘To monitor the conditions affecting the practice of the environmental and sanitary
engineering and sanitarian professions, and, whenever necessary, adopt such measures as
may be deemed proper for the enhaneement of the professions and the maintenance of a
high professional technical and ethical standard.

To hear and investigate cases arising from violations of this Act, the rules and

regulations, code of ethics, administrative policies, orders and issuances promulgated by

the Board. For this purpose, the Board shall issue subpoena and/ or subpoena duces fecum, to
secure the attendance of the respondents or witnesses o the production of documents at
and relative to the investigation conducted by the Board.

To hear or investigate cases filed before the Board where the issue or question involves
strictly concems the practice of the profession or occupation, in which case shall be
presided over by at least one (1) member of the Board concerned assisted by a Legal or
Hearing Officer of the Commission;

To conduct, through the Legal Officers of the Commission, summary proceedings on
minor violations of environmental and sanitary engincering laws, violations of the rules
and regulations issued by the Board to implement the said lav, including violations of the
general instructions to examinees committed by examinees, and render summary
judgment thereon, which shall, unless appealed to the Commission, become final and
executory, fifteen (15) days from the receipt of notice of judgment or decision;

‘To suspend, revoke or reissue, reinstate certificate of registration, special
licenses for causes provided by this law;

To prepare, adopt and issue the syllabi or tables of specifications of the subjects for
examinations, in consultation with the academe; determine and prepare the questions for
the licensure examinations which shall strictly be within the scope of the syllabus or table
of specifications of the subjects for examination; score and rate the examination papers
with the name and signature of the Board member concemed appearing thereon, and
submit the results in all subjects duly signed by the members of the Board to the
Commission within thirty (30) days from the last day of examination, unless extended by
the Commission for justifiable cause/ s; and subject to the approval by the Commission,
determine the appropriate passing general average rating in an examination if not
provided for in the law regulating the profession;



m. To prescribe and/or adopt a Code of Ethical and Professional Standards for the practice
of the environmental and sanitary engineering and sanitarian professions.

n. To adopt reference codes and standards as guide for the environmental and sanitary
‘engineering and sanitarian profession practitioners;

©. To prescribe guidelines in the Continuing Professional Development (CPD) program
and to create the CPD Council with the objective of providing and ensuring the
continuous development of the registered professionals brought about by modernization
and technological advancement, in order to maintain the highest standards and quality in
the practice of his profession, and to make the professional globally competitive, in
promoting the general welfare of the public;

‘To adopt an official seal of the Board; and

q. Perform other functions and duties as may be necessary to implement this Act
effectively. Discharge other related duties and functions as may be deemed necessary for
the upgrading, development and growth of the environmental and sanitary engineering
and sanitarian education in the Philippines.

Section 12. Annual Report. - The Board shall prepare an accomplishment report of its
programs, projects and activities to be submitted to the Commission, and make appropriate
recommendations on issues or problems affecting the environmental and sanitary engineering
and sanitarian professions.

Section 13. Removal of Board Members. - The President, upon recommendation of the
Commission, may remove any member of the Board on the following grounds: neglect of duty,
incompetence, malpractice, tolerance of irregularities in the examinations, or for unprofessional,
unethical, or dishonorable conduct, after having been given the opportunity

to defend himself in a proper administrative investigation.

Axticle U1

EXAMINATION AND REGISTRATION
Section 14. Examination Requirement. - All applicants for registration for the practice of
environmental and sanitary engineering and sanitarians shall be required to pass a written

technical examination as hereinafter provided, except as otherwise specifically provided in this
Act.

Section 15. Holding of Examination, - Examination of candidates desiring to practice
environmental and sanitary engineering and sanitarian professions in the Philippines shall be
given at the City of Manila of any other regional centers that may designated by the Commission
beginning the last Monday of February and September of each year, provided that such dates do
not fall on official holidays, otherwise, the examination shall be held on the days next following,

Section 16. Examinations Fees - All applicants for written examinations for the environmental
and sanitary engineers and sanitarians shall be subject to payment of fees prescribed by the
Commission; Provided, That ninety percent 90%) of the fees is to be treated as a special Fund for
the programs, projects and activities of the Commission, and the remaining ten percent (10) shall


be set aside as uust fund for the establishment and maintenance of the center for continuing
professional development (CPD) and research.

Section 17. Qualifications of applicants for Environmental and Sanitary Engineering
Examinations. ~ Any person applying for admission to the environmental and sanitary
‘engineering shall establish to the satisfaction of the Board that, on or before the date of the
examination, he possesses the following qualifications:

a, He is a natural born citizen of the Philippines
b, He is at least twenty one (21) years of age

¢. Heis of good reputation with good moral values;
d. He has not been convicted by the court of an offense involving moral turpitude;

€. He is a holder of a degree of Bachelor of Science in Sanitary Engineering or Bachelor of
Science in Environmental and Sanitary Engineering from a university, college, academy or
institute, duly constituted, recognized and accredited by the Philippine Government

Section 18. Qualifications of applicants for Sanitarian. - Any person applying for admission
to the Sanitarian examinations as herein provided, shall establish to the satisfaction of the Board
that, on of before the date of examination, he possesses the following qualifications:

a. He isa natural bor citizen of the Philippines.

b, He is at least twenty one (21) years of age.

cc. He is of good reputation with good moral values;

d. Has completed at least 6 weeks of pre-service training for sanitary Inspectors at one of
the regional training centers of the Department of Health or other government agencies.

e. He is a graduate of any public health, environmental science, or environmental
‘management course or a fourth year student in environmental or sanitary engineering, civil
or in any field of medical science.

£ He has not been convicted by the court of an offense involving moral turpitude;

g- Must be in good health.

Section 19. Registration fees, license fees, certification fees and fines ~ All applicants for
registration, certification and license to practice shall be subject to payment of registration fees,
license fees, and fines, as prescribed by the Commission.

Section 20 . Subjects of examinations for Sanitary and Environmental Engineer: Unless
modified by the Board and approved by the Commission, the licensure examination shall cover,
but shall not be limited to, the following subjects: Sanitary Science as Applied to Buildings; Civil
Engincering ; Public Health Engineering; Environmental Engineering ; Wastewater Engineering;
and Water Supply Engineering -

“The Board, subject to the approval of the Commission, may amend or revise the subjects, their
syllabi, passing average, and the system and procedure in the licensure examinations for the
practice of environmental and sanitary engineering and the corresponding weight pursuant to the
implementing rules and regulations (IRR) issued for this purpose. The said subjects and their
syllabi may be amended by the Board so as (0 conform to technological changes brought about
by continuing trends in the profession.

Section 21. Subjects of Examinations for Sanitarians: the scope of examination shall cov
the basic principles on the following public health subjects in order to prepare the sanitarians. to
petform his of her duties such as: assisting in the implementation and carrying out of the public



health engineering programs, gathering and recording of data, inspecting, monitoring and
preparation of reports on the following: Water Supply ixereta and Sewage Disposal;
Refuse Storage, Collection and Disposal; Control of Rodents and Insects; Food Sanitation;
Community Sanitary Survey and Biostatics; Industrial Hygiene; School Sanitation; Public
Swimming Pools and Public Bathing Places; Public Conveyances; Emergency Sanitation; and Air
Pollution.

The Board, subject to the approval of the Commission, may amend or revise the subjects, their
syllabi, passing average, and the system and procedure in the licensure examinations for the
practice of sanitarian profession and the corresponding weight pursuant to the IRR issued for
this purpose, The said subjects and their syllabi may be amended by the Board so as to conform
to technological changes brought about by continuing trends in the profe

Section 22. Report of Rating. - ‘The Board shall submit t0 the Commission the ratings
obtained by each candidate within fifteen (15) days after the examinations, unless extended for a
just cause

Section 23. Re-examination. - An applicant who fails to pass the examination for three
consecutive times shall only be allowed to take another examination after a lapse of one

Section 24. Issuance of Certificates of Registration and License. Upon payment of the
Registration Fee as established by the Commission, and after taking his oath as a new registered
professional, the Board shall issue a Certificate of Registration to any applicant who has met the
requirements prescribed in this Act

‘The Certificate of Registration shall indicate the full name of the registrant, signed by all
members of the Board and the Commission, and affixed with the official seal of the
Commission. The issuance of a Certificate of Registration by the Board to a registrant is an
evidence that the person named therein is entitled to all the privileges of a registered and licensed
sanitary and environmental engincer or registered sanitarian.

‘A professional license bearing the registration number, date of issuance, expiry date and duly
signed by the Chairperson of the Commission, shall likewise be issued to every registrant,
provided that the professional fees shall have been paid. No person shall practice sanitary and
environmental engineering and sanitarian in the Philippines unless such person shall have
secured a license to practice these professions in the manner herein provided. <\ licensee is
centitled to practice the profession with all the privileges appurtenant thereto until the expiration
Of the validity of his license.

Section 25. Exemption from Examination and Registration. Registration shall not be
required for forcign sanitary and environmental engineers, sanitarians, or experts, called in by
the Philippine Government for consultation, or for specific sanitary and environmental
engineering, and sanitarian services as defined under this Act, Provided, that this practice shall be
limited to such work; And provided, further, that they do not engage in private practice at their own
account as sanitary and environmental engincers and sanitarians, and that, they shall secure a
special permit as required under Section of this Act.

Section 26. Oath - All successful candidates in the examination shall be required to take a
professional oath before the Boaed prior to entering the practice of Sanitary and Environmental
Engincering, and the Sanitarian Professions.

10


Section 27. Seal of 2 Professional Environmental and Sanitary Engineer - All registered
ronmental and Sanitary Engineers shall obtain their respective seal, of such design, as the
Board shall authorize and direct. The serial number of the seal shall be stamped on the design,
plans and specifications prepared by the sanitary and environmental engineer during the validity
of the registrant's certificate. It shall be unlawful for anybody to stamp or seal any document
with the said seal after the certificate of registration has expired, or has been revoked, unless, said
certificate has been renewed or reissued.

Section 28. Revocation of Certificates of Registration, and Suspension from the Practice
of Profession. - The Board, through the Professional Regulation Commission (PRO), shall have
the power to suspend or revoke the certificate of registration of any registrant, for any violation
of this Act and/or the Code of Professional Ethies. This decision shall be final and executory
unless it is appealed by the respondent to the commission within fifteen (15) days from the
receipt of such decision. The decision may be appealed by the respondent to the courts of justice
in accordance with the procedure set forth under the rules of court.

Any person, firm, association or corporation may file a complaint with the Professional
Regulation Commission against any licensee, or the Board may, on its own initiative investigate
and/ ot take cognizance of the acts and practices constituting cause for the suspension or
revocation of the certificate of registration of the respondent.

“The rules and regulations of the Commission on administrative investigation shall govern the
procedure on the conduct of the administrative investigation.

Section 29. Re-issuance of Revoked Certificates and Replacement of Lost Certificates.
Subject to the approval of the Commission, the Board may, after the expiration of two (2) years
from the date the Certificate of Registration has been revoked, or for reasons that may deem
proper, entertain an application for a new certificate of registration from the registrant upon
payment of the required fees. The application shall be accomplished in the same form prescribed
for examination, but the Board may, in its discretion, exempt the applicant from taking the
requisite examination. A new Certificate of Registration to replace a certificate that has been lost,
destroyed or mutilated shall be issued after having complied with the PRC requirements and
upon payment of the required fee.

Section 30. Renewal of License. - The professional license shall serve as evidence that the
licensee ean lavifully practice his profession until the expiration of its validity. However, license
can only be secured upon payment of renewal fee corresponding to three (3) consecutive years,

Section 31. Roster of Sanitary and Environmental Engineers and Sanitarians. ~The
Commission shall keep a roster of all duly licensed and registered sanitary and environmental and
sanitatians, stating their names; registration numbers and places of business. The Commission
shall regularly update such roster and make it available to all interested partie

Section 32. Special Permits. - The following are required to secure a Special Permit from the
Board subject to the approval of the Commission.

a, Sanitary and environmental engineers and sanitarians from other countries called in by
the government for consultation and/or for a specific project not requiring more than
three (3) months period: Provided, That such engincers or sanitarians are legally qualified
to practice sanitary and environmental engineering or sanitarian work in their country oF
state,

u


s

Foreign consultant specializing in field of sanitary and environmental engineering, who,
through the judgment of the Board, may benefit the local practitioners through the
transfer of technology, maybe issued a special permit: Provided, ‘That such engagements
shall satisfy the following conditions;

That, at the time of engagement, no sanitary and environmental engineer in the country
is competent, available and willing to perform the services for which the foreigner has
been hired.

d. ‘The foreigner must have been in the prior employ of the engaging firm, or its Forel
business partner, outside of the country for a period of not less than one (1) year
immediately preceding the date of engagement;

Any particular or specific engagement shall not be in excess of six (6) months but may
be renewed once, if necessary, except when such engagement is for a newly established
firm in which case the period of engagement may be for a longer period but not to
exceed a toral term of one (1) year.

Section 33. Continuing Professional Development- The program shall be in accordance with
the Standardized Guidelines and Procedures for the Implementation of the Continuing
Professional Development and or Education (CPO/E) for all professionals as established by the
Commission. The number of credit units required under the guidelines for CPD progeams,
activities or sources shall be the basis for the renewal of the certificate of registration for the
registered environmental and sanitary engineers and sanitarians.

Section 34. Issuance of Certificate Of Specialization. In order to encourage the continuing
professional development of registered Environmental and Sanitary Engineers, the PSSE which
is the accredited professional organization of Environmental and Sanitary Engineers shall be
vested with authority conformable with the provisions of this Act, to issue, suspend, and revoke
a certificate of specialization to a registered Environmental and Sanitary Engineer who has
demonstrated his advanced knowledge, experience, education, and training in a recognized
branch of Environmental and Engineering pursuant to Sec__ of this Act: provided, that at the
initial effectivity of this Act, the specializations of public health engineering, water supply
engineering, wastewater engineering, environmental engineering, plumbing engineering, and fire
protection shall be so recognized, Provided further, other specializations may additionally be
recognized by the PS!

Only specialists in each recognized branch of specialization may form a Specialty Organization
of Environmental and Sanitary Engineering (SOESE): Provided that this SESE is affliated to
and recognized by the PSSE: Provided further, there is only one SOESE for each recognized
branch of Environmental and Sanitary Engineering, without prejudice to membership in other
voluntary professional organizations. ‘The holder of such certificate of specialization may use the
specialist title in the signing of relevant plans and documents.

“The Sanitarian profession shall also develop its specializations based on their functions and shall
be recognized by the accredited professional organization.

See. 35. Specialist Identification Card - Individual specialist identification card shall be issued

by PSSE to all registered Sanitary and Environmental Engineers and Sanitarians with certificate

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of specialization and renewed in accordance with the accredited professional organization’s
requirements for renewal.

ARTICLE IV

MISCELLANEOUS PROVISIONS RELATIVE TO THE PRACTICE OF
SANITARY AND ENVIRONMENTAL ENGINEERING

Section 36. Enforcement of the Act by Officers of the Law. ‘The Professional Regulation
Commission shall be the enforcement agency of the Board. As such, the Commission shall
implement the provisions of this Act, enforce its implementing rules and regulations, and
conduct investigation on complaints and violations of the Code of Ethies of the profession,

The National Government, or any provincial, city or municipal government or of any of its
political subdivision, shall enforce the provisions of this Act and to prosecute any person
violating the same. The Department of Justice shall act as legal adviser of the Board and render
such legal assistance as may be necessary in carrying out the provisions of this Act.

Section 37. Practice for Firms - The practice of sanitary and environmental engineering is a
professional service based on individual and personal qualifications. A firm, association, or
partnership can practice this profession provided the principals of the Firm, Association or
Partnership are registered and licensed sanitary and environmental engineers.

Section 38. Sanitary and Environmental Engineer in all’ provincial, city and municipal
governments. Within two years of the approval of this Act, all provinces, cities and
municipalities shall appoint a sanitary and environmental engincer in the Provincial, City or
Municipal Engineering Office.

No person shall be appointed for that position unless he is a citizen of the Philippines, a resident
of the local government unit concemed, of good moral character, and a licensed sanitary and
environmental engineer. He must have acquired experience in the practice of his profession for
at least five (5) years in the casc of the provincial or city sanitary and environmental engineer,
and three (3) years in the case of the municipal sanitary and environmental engineer. The
‘appointment of a sanitary and environmental engincer shall be mandatory for the provincial, city
and municipal governments. The sanitary and environmental engineer shall:

a. Initiate, review and recommend changes in policies and objectives, plans and programs,
techniques, procedures and practices in sanitary and environmental engineering works in general
of the local government unit concerned;

bb. Advise the govemor or mayor, as the case may be, on sanitary and environmental engineering
matters;

c. Administer, coordinate, supervise, and control the implementation of projects relevant to
sanitary and environmental engineering;

d. Provide engineering services to the local government unit concemed, including investigation
and survey, engineering designs, feasibility studies, and project management;

¢. In the case of the provincial sanitary and environmental engineer, exercise technical
supervision over all engineering offices of component cities and municipalities, and

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£. Exercise such other powers and perform such other duties and functions as may be prescribed
by law or ordinance

Section 39. Ratio of sanitary and environmental engineer and sanitarian per population
of LGUs. The IRR of this Act shall define the standard ratio of sanitary and environmental
engineer and sanitarian per population served in every province, city or municipality.

Section 40. Foreign Reciprocity. No Forcign Engincer shall be admitted to ake a Board
Examinations, or be given a Certificate of Registration, or be entitled to any of the rights and
privileges under this Act, unless the Country from which he is a subject or citizen, specifically
permits Filipino Sanitary and Environmental Engineers and Sanitarians to practice within its
territorial limits, on the same basis as the subjects or citizens of such country.

Article V

‘TRANSITORY PROVISIONS
Section 41, ‘Transitory provisions for incumbent Members of the Board. - the incumbent
Board Chairman and the two (2) incumbent members of the Board of Sanitary Engineering shall
serve as Chairman and members respectively without the need of new appointments upon the
effectivity of this Act, and shall organize the Board within six (6) months without the need of
new appointments upon the effectivity of this Act, but the Board member responsible for the
licensure examination for the Sanitarian profession shall be appointed by the President of the
Philippines, following the requirements and qualifications stipulated in Section __of this Act.

Section 42. Integration and Accreditation of Sanitary and Environmental Engineers and
Sanitarian Association - An integrated association of sanitary and environmental engineers
and sanitarians shall be created and accredited by the Board and the Commission. All persons
whose names now appear in the roll of registered sanitary and environmental engineers and
sanitarians under the custody of the Board and the Commission, or those who may hereafter be
included thercin upon registration and payment of the required fees shall automatically become
members of the integrated and accredited association. The registered sanitary and environmental
engineers and registered sanitarians shall receive the benefits and privileges appurtenant to their
membership in the duly integrated and accredited association, only upon payment of the required
fees.

Section 43. Registration without examination: Within wo (2) years after the effectivity of
this Act, the Board shall issue certificates of registration and professional licenses to the
following professionals without taking the examination, provided they possess the following,
qualifications:

a. Sanitary and Environmental Engineer. He must be a registered and licensed sanitary
engineer.

b. Sanitarian, He must be employed with permanent status as a Sanitary Inspector or

Sanitarian at the Department of Health and/ or other local government agencies for at
least 10 years and must possess civil service eligibility.

Section. 44. New Certificates of Registration and Professional Licenses. Sanitary
Engincers with valid certificates of registration under Republic Act No. 1364 shall register within

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two (2) years from the effectivity of this Act and be issued new certificates of registration and
new licenses as registered Sanitary and Environmental Engineers with the same registration
numbers as their old ones to replace their original certificates and licenses,

Section 45. Sanitary and Environmental Engineering Code of the Philippines. - Ninety
days (90) after the effectivity of this Act, and upon the recommendation of the Board of Sanitary
and Environmental Engineering, the President of the Philippines shall organize a committee to
prepare the Sanitary and Environmental Engineering Code of the Philippines to effect and carry
out the objectives of this Act.

Article VI
PENAL AND CONCLUDING PROVISIONS

Section 46. Penalties. - In addition to the administrative sanctions imposed under this Act, any
person who violates any of the provisions of this Act and its rules and regulations, shall, be
penalized by a fine of not less than Fifty Thousand Pesos (P50,000) nor more than Five
Hundred Thousand Pesos (P300,000.00), of imprisonment of not less than nine (9) months nor
more than five (5) years, or both fine and imprisonment ar the discretion of the Court.

Section 47. Implementing Rules and Regulations. - The Board shall, within six (6) months,
formulate and issue the implementing rules and regulations (IRR) to carry out the provisions of
this Act.

Section 48. Funding Provisions. - Such sums as may be necessary t© carry out provisions of
this Act shall be included in the General Appropriation Act of the year following its enactment
into law and thereafter.

Section 49. Separability Clause. - If any provision of this Act or the application thereof is
declared unconstitutional or invalid for any reason, the same shall not affect the validity of the
other provisions,

Section 50. Repealing Clause - The Sanitary Engineering Law (R.A. 1364) and other laws
enacted for the practice of the Sanitarians shall be repealed.

Section 51. Effectivity Clause. - This Act shall take effect fifteen (15) days following its full
publication in the Official Gazette or newspaper of general circulation in the Philippines,
whichever is earlier.

Approved,

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