Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS

‘Second Regular Session
House Bill No. 7246

Introduced by HON. ARTHUR C. YAP.

EXPLANATORY NOTE

The backbone of the Philippine economy remains to be the agriculture industry. More
than ever before, the country faces the challenge of achieving food security under the looming
threat of a global food crisis caused by, among others, spiraling fuel and energy costs and the
degradation of the world’s natural resources

The landmark Agriculture and Fisheries Modemization Act of 1997 (AFMA) (Republic Act
No 8435) provides the policies and plans to the continuing modernization and development of the
agriculture and fishery sector amid the ever-changing demands of globalization and food security.
‘The success of AFMA depends on the men and women who comprise the agriculture and fishery
development workers.

In pursuant of the policy and objectives of AFMA, more specifically Sec. 75 of the Rules
and Regulations Implementing RA 8435, the Professional Regulation Commission, in its
Resolution No. 2000-863, created a Board of Agriculture under its administrative supervision and
control to oversee the licensing and regulation of the practice of agriculture. The Commission
has mandated the licensure of agriculture graduates to give importance to the professionalization
of the agriculture profession.

However, since the implementation of the licensure examination for agriculture graduates,
there has been numerous issues and concerns on the real importance of having a license to
practice agriculture, There is no law creating permanently a Board of Agriculture, much more of
regulating the practice of the agriculture profession

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

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

HON. c. YAP
3" District, Boho!


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS

Second Regular Session

House Bill No. 2246

Introduced by HON. ARTHUR C. YAP

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 Agriculturist Act of
2017"

Section 2. Declaration of Policy ~ The State recognizes the importance of professional
agriculturists in nation building and development. Hence, it shall develop and nurture
competent, ethical, globally competitive and well-rounded professional 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
education.

Section 3. Objectives - The Act provides for and shall govern:
(a) The examination, registration and licensure of professional 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 agriculturists through mandatory
Continuing Professional Development (CPD); and

(€) The integration of the agriculture profession

Section 4, Definition of Terms - For purposes of this Act, the following terms are hereby
defined:

(a) Accredited Integrated Professional Organization (AIPO) - as used in this Act shall refer
to the Philippine Association of Agriculturists, Inc. which was accredited by the
Professional Regulation Commission (PRC) as per Resolution No. AIPO-042;


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

(c) Agriculturist— shall refer to a person who is a graduate of a bachelor’s degree program
in agriculture or any related programs performing any of the specialized activities such
as agronomy, horticulture, animal husbandry, crop protection (entomology, plant
pathology, weed science) plant breeding, soil science, agricultural economics,
agricultural business and marketing, agricultural extension and is able to provide
scientific, technical and policy advice in implementing programs that would promote
agriculture development;

(4) Board - shall refer to the Professional Regulatory Board for Agriculture hereby created
as the regulatory body, under the administrative, executive and policy supervision of
the Professional Regulation Commission, for the practice of agriculture in the
Philippines, with the powers, functions, and responsibilities herein prescribed;

(e) Commission - shall refer to the Professional Regulation Commission (PRC) created
under R.A. No. 8991, known as the “PRC Modemization Act of 2000";

(f) Licensed Agriculturist — shall refer to any person who has passed the licensure
examination for agriculturist administered by the Board/Commission, or any
baccalaureate person with five years of experience in the practice of the profession
before the implementation of the Agriculture and Fisheries Modernization Act (AFMA)
of 1997 and approved by the Board/ Commission, taken the oath of Agriculturist, and
duly registered and issued a Certificate of Registration and a valid Professional
Identification Card. A Licensed Agriculturist can affix the title “Agr.” before or “L. Agr.”
after his/her name to indicate the profession

(g) Practice of agriculture profession — shall refer to activities, acts, services or pursuits
performed by PRC-licensed professional agriculturists, the scope thereof is prescribed
and/or specified herein.

ARTICLE It

PROFESSIONAL REGULATORY BOARD FOR AGRICULTURE

Section 5. ti and Composition of the ional Regulatory Board fo
‘Agriculture - There is hereby created a Professional Regulatory Board for Agriculture
hereinafter referred to as the “Board”, under the supervision and administrative control of
the Professional Regulation Commission, to be composed of a Chair and five (5)
members, each member representing one of the six (6) fields of specialization listed in
Sec. 15, Article Ill, hereof, who shall be appointed by the President of the Philippines from
among a list of two (2) recommendees for each position submitted by the Commission
from a list of three (3) nominees for each position submitted by the Philippine Association
of Agriculturists, Inc. (PAA), the Accredited Integrated Professional Organization within
ninety (80) working days after the approval of this Act. 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 three (3)
months from the effectivity of this Act.

Section 6. Qualifications of the Chair and Members of the Board - The Chair and
Members of the Board must, at the time of their appointment;

(a) Be a Filipino citizen and resident of the Philippines;
(b) Be of good moral character and must not been convicted of any crime involving moral
turpitude;

(c) Be a member in good standing of the accredited integrated professional organization
of agriculturists;

n


(d) Be a registered and licensed agriculturist with a valid Certificate of Registration and
Professional Identification Card, with at least ten (10) years of experience prior to
his/her appointment:

{e) 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 in such institution: and

() Not be an incumbent officer of the accredited national organization of agriculturists.

Section 7. Scope and Practice of Agriculture - Agriculture profession involves services
consisting of crop and animal production, processing and distribution.

‘An agriculturist 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 in the practice of the agriculture
profession if he/she teaches or do research in agriculture subjects in any university,
college or school duly recognized by the government or engaged in agriculture-related
extension activities.

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 Code of Ethics
and Code of Technical Standards for Agriculturists for carrying out the provisions of
this Act.

(b) Supervise and regulate the licensure, registration and practice of the agriculture
profession;

(c) Determine and evaluate the qualifications of the applicants for registration with or
without the licensure examinations and for the issuance of special or

temporary permits;

(d) Prepare and modify the questions for examination and prescribe the syllabi of the
‘subjects for examination and their relative weight;

(e) Administer the oath of a professional and register successful examinees in the
licensure examination and issue the corresponding Certificate of Registration and
Professional Identification Card;

(f) Issue special or temporary permits to foreign agriculturists for specific projects and for
‘a specific duration of time;

(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 ocular inspection of places where agriculturist
practice their profession:

(h) In coordination with the Commission on Higher Education (CHED), examine the
prescribed facilities of universities or colleges, seeking permission to open the course
or program of agriculture in order to ensure that standards and essential requirements
for a qualified dean and faculty and adequate budget are properly complied with and
maintained;

()) Investigate violations of this Act, its implementing rules and regulations and the Code
of Ethics for Agriculturists;

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


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(k) Prepare guidelines for the Continuing Professional Development (CPD) in
coordination with the accredited integrated professional organization;

(0) 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 Chair and Members of the Board shall hold office for
term of three (3) years from the date of their appointment until their successors shall have
been appointed and duly qualified; Provided, that the first appointees to the Board after
the effectivity of this Act shall hold office according to the following terms: two (2)
Members, one of whom shall be designated Chair in the appointment, shall serve for three
(3) years; two (2) Members shall serve for two (2) years and two (2) Members shall serve
for one (1) year.

The Chair and Members may, however, be reappointed for another term but in no case
shall serve for more than six (6) 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 Chair and Members of the Board shall receive compensation and allowances
comparable to the compensation and allowances received by the Chair and Members of
other Professional Regulatory Boards under the Commission as provided in the annual
General Appropriation Act.

Section 11, Suspension and Removal of the Chair and Members of the Board - The
Chair 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 any final judgment or conviction of any criminal offense involving
moral turpitude by the court after having been given the opportunity to defend
himself/herself in a proper administrative investigation.

Section 12.

pervision of the Board its R 5, Secretariat and
~ The Board shall be under the general supervision and administrative
control of the Commission. All records of the Board, including application for examination,
papers and results, minutes of deliberations, administrative and other investigative cases
involving 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 subject to the usual government accounting and
auditing rules and regulations.

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 - Every applicant seeking to be registered and


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licensed as Professional Agriculturist shall undergo an examination as provided for in this
‘Act. Examination for the practice of 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 in accordance with the provisions of Republic Act 8981

Section 15. Scope of Examination - A written examination shall be given to the licensure
applicants for Agriculturists, which shall include but not limited to the principles and
practices of the following:

(a) Crop Science

(b) Animal Science

(©) Soil Science

(0) Crop Protection

(e) Agricultural Economics and Business; and
(f) Agricultural Extension and Communication

To conform with the technological and agricultural modernization, the Board may re-
cluster, re-arrange, modify, add or exclude any of the foregoing subjects as the need
arises.

Section 16. Quatifications of Applicants for Examination - \n order to be admitted to
the Licensure Examination for agriculturist profession; a candidate shall, at the time of
filing his/her application, establish to the satisfaction of the Board that:

(a) he/she is a citizen of the Philippines or a foreign country qualified to take the
‘examination as provided in the reciprocity provision of this Act;

(b) he/she is a holder of a Bachelor's Degree in Agriculture or any related course from a
school, college or university established or recognized by the Government; Provided,
that a holder of a graduate degree in Agriculture shall be allowed to qualify within five
(5) years from the effectivity of this Act; and

(c) he/she is of good moral character and must not have been convicted of any crime
involving moral turpitude.

Section 17. Ratings in the Examination - in order that a examinee may be deemed to
have successfully passed 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 weighted average rating of seventy-
five percent (75%) or higher but obtained a rating below sixty percent (60%) in any given
subject/s, 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 for three (3) consecutive times shall be
required to undergo a review or refresher course from an institution duly accredited by the
Board before he/she can be allowed to re-take the examination.

Section 18. Release of the Results of Examination - The results of the Licensure
Examination shall be released by the Board within ten (10) days from the last day of the
‘examination

of the rtificates of gistr on Professional
Identification Cards - A Certificate of Registration shall be issued to examinees who pass
the licensure examination for Agriculturists subject to payment of fees prescribed by the
Commission. The Certificate of Registration shall bear the signature of the Chairperson of
the Commission and the Chair and Members of the Board, stamped with the official seal
of the Commission, indicating that the person named therein is entitled to practice of the
Agriculturists profession with all the benefits and privileges appurtenant thereto; Provided
that he/she shall be allowed to practice the profession without the need of securing

Section 19.


another license from any goverment agency. The Certificate of Registration shall remain
in full force and effect until revoked or suspended in accordance with this Act. A
Professional Identification Card bearing the registration number, date of issuance, expiry

registrant upon payment of the required fees. The Professional Identification Card shall
be renewed every three (3) years and upon satisfying the requirements of the Board.

Section 20. Refusal to Register - The Board shall not register and issue a Certificate of
Registration to any successful examinee who has been convicted by a court of competent
jurisdiction of any criminal oflense invhing moral turpitude or found gully of immoral or
dishonorable conduct after investigation by the Board or has been declared to be of
unsound mind. The reason for the refusal shall be set forth in writing

special
permit for any of the causes or grounds under Section 20 or for unprofessional or unethical
conduct, . oF violation of any of the provisions of this Act, its Implementing
Rules and Regulations (IRR), and the Code of Ethics for Professional Agriculturists.

Soar mei, ‘er we yar fa he dt of revcatn fC of Rogan,
reinstate any revoked Certificate of Registration and reissue a suspended Professional
Identification Card. A new Certificate of Registration or Professional Identification Card or
temporary/special permit may be issued to replace lost, destroyed or mutilated ones
‘subject to such rules as may be promulgated by the Board.

‘Section 23. Roster of Professional Agriculturist - The Board, in coordination with the
Accredited Integrated Professional Organization, shall prepare, barrelled eral
Roster of Professional Agriculturists, their residence and office addresses, dates

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The roster shall be open to the public, copies of which shall be made available to any party
as may be deemed necessary.

Section 24. issuance of Special or Temporary Permit - Upon application and payment
of the required fees and subject to the approval of the Commission, the Board may issue
special or temporary permits to professional agriculturists from foreign countries whose
services are urgently needed in the absence or inadequacy of local professional
agriculturists for the purpose of promoting or enhancing the practice of the profession in
the Philippines.

Section 25. Foreign Reciprocity - No foreign professional agricuiturist shall be admitted
to the licensure examination or be given a Certificate of Registration or Professional

of which he/she is a citizen specifically allows Filipino 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 26. Oath -All successful examinees qualified for registration shall be required to
take an oath of profession before any Member of the Board or any government official
authorized by the Commission or any person authorized by law to administer oaths prior
to entering into the practice of Agriculture profession.

Section 27. Act Constituting The Practice of Agriculture Profession - Any single act


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or transaction embraced within the provision of Section 7 hereof shall constitute an act of
engaging in the practice of Agriculture profession.

Prohibiti oris griculture Pro

~ No person shall practice the Agriculture oar “in the Philippines or offer
himself/herself as Agricutturist, or use the title, word, letter, figure, or any sign tending to
convey the impression that one is an Agriculturist, or advertise or indicate in any manner
whatsoever that one is qualified to practice the profession unless he/she has satisfactorily
passed the licensure examination given by the Board, except as otherwise provided in this
Act, and is a holder of a valid Certificate of Registration and Professional Identification
Card or a valid specialtemporary permit duly issued to him/her by the Board and the
Commission.

Section 29. Prohibition Against Corporate Practice — The practice of agriculture is a
professional service, admission to which shall be determined upon the basis of individual
and personal qualification. No firm, company, or association may be registered or licensed
as such for the practice of agricutture profession.

Section 30. Position with Practice of the Agriculture Profession. — Positions in public
or private entities, involving the practice of Agriculture, shall be occupied by persons who
are duly registered and Licensed Agriculturists, or with valid Temporary/Special Permits
that are issued under this Act.

‘Section 31. Employment of Agriculturists in the Government - |n furtherance of the
national government's program for sustainable agricultural development, there is a need
to adopt mechanisms for the placement and employment of agriculture graduates in the
government sector.

Thus, it is hereby mandated that all national and local government agencies shall require
agriculture-related plantilla positions be occupied by licensed Agriculturists as defined by
this Act.

‘The Board shall initiate the development of Position Classification Standards to be led by
the Civil Service Commission, in collaboration with the Department of Agriculture, the
Department of Interior and Local Government, the Department of Agrarian Reform, and
the Department of Environment and Natural Resources, one (1) year after the approval of
this Act in accordance with existing Salary Standardization Laws.

= In line with the
national goverment’ program for sustainable rire development, there is also a
need to adopt alternative mechanisms for the placement and employment of agriculture
graduates in the private sector engaged in agriculture.

‘Thus, it is hereby mandated that all corporate farms shail require at least one (1) plantilla
position for a licensed agriculturists:

Other corporations requiring agriculturists such as golf courses, agri tourism facilities and
the likes are also required to employ licensed agriculturists and are required to employ a
Jocal counterpart for every foreign agriculturist and register the same with the Commission.

agricultursts shall have one National orp
Board and by the Commission as the one and only accredited integrated professional
organization of agriculturists. A Licensed Agriculturist shall become a member of the
accredited integrated professional organization of Agriculturists and shall receive the
benefits and privileges appurtenant thereto, subject to the membership requirements of
the AIPO. Membership in the accredited integrated professional organization of
agriculturists shall not be a bar to membership in other associations of Agriculturists.

Section 34. Code of Ethics for Agriculture Profession - The Board shall adopt and
promulgate the Code of Ethics and Code of Technical Standards which shall be issued by


the Accredited Integrated Professional Organization of Agriculturist.

Section 35. Vested Rights: Automatic Registration of Agriculturists — All agriculturists
who are registered and licensed at the time this Act takes effect shall automatically be
registered.

ARTICLE V
PENAL AND FINAL PROVISIONS

Section 36. Penal Provision - Any violation of this Act, including violations of
implementing rules and regulations, 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) months nor more than six (6) years, or
both such fine and imprisonment upon the discretion of the court.

Section 37. Appropriations - The Chairperson of the Professional Regulation
Commission shall immediately include in the Commission's programs the implementation
of this Act, the funding of which shall be included in the Annual General Appropriations
Act and thereafter.

Section 38. Transitory Provisions - The existing Board of Agriculture shall continue to
function in the interim until such time that the new Board shall be constituted pursuant to
this Act.

Section 39. Implementing Rules and Regulations - The Board, subject to the approval
by the Commission in coordination with the Accredited Integrated Professional
Organization, shall issue and promulgate the implementing rules and regulations including
the Code of Ethics for Agriculturists needed to implement the provisions of this Act.

Section 40. Separability Clause - If any clause, sentence, paragraph or part of this Act
shall be deciared unconstitutional or invalid, such judgment shall not affect, invalidate or
impair any other part of this Act.

Section 41. Repealing Clause - All |aws, decrees, executive orders, memorandum
orders, and other administrative issuances and parts thereof which are inconsistent with
the provisions of this Act, are hereby modified, superseded or repealed accordingly

Section 42. Effectivity- This Act shall take effect fifteen (15) days following its publication
in the Official Gazette or in a major newspaper of general circulation in the Philippines.