Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.

Introduced by Hon. Neptali M. Gonzales IL

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 date
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
require 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 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.

Qz,

NEPTALI M.{GONZALES IL


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4452

Introduced by Hor

leptali M. Gonzales IL

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 |
GENERAL PROVISIONS

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

Instrumentation and Control Engineering Law of 2011".

SECTION 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 wellrounded Instrumentation and Control Engineers whose

standards of professional service shall be excellent, qualitative and globally competitive.

SECTION 3. DEFINITION OF TERME. - As used in this Act, the following
terms shall mean:
(a) Instrumentation - It is the collection of instruments or 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 ot other reward of compensation, paid through him or


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through another person, or even such rewards or compensation. The term
shall be synonymous with “rendering Instrumentation and Control

Engineering service”.

SECTION 4. SCOPE OF PRACTICE. - The practice of Instrumentation and

Control Enginering within the context and intent of this Act shall embrace the following:

(a)

Design of FrontEnd Engineering which includes Process and Instrument
Diagram (P & ID); Derailed 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, Hookup Drawings, Instrument Support
Fabrication and Installation Derails, and Control Panel Layout; Special
Calculations which include Orifice Sizing, Control Valve Sizing, and Relief
Valve Sizing; System Automation which includes Programmable Logic
Controller (PLC), Distributed Control System (DCS), Supervisory Control
and Data Acquisition (SCADA), Telemetring, Pneumatics, and Hydraulics.
Project Implementation;

Stareup Commissioning;

Maintenance, Calibration, TroubleShooting and Repair;

Consultation, Investigation, Evaluation and System Integration;

Teaching of Instrumentation and Control Engineering Subjects;

Sale and Distribution of Instrumentation and Control Equipment Systems;
and

Professional research and laboratory work supporting the activities listed in
Subsection (a) hereof.


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ARTICLE I

BOARD OF INSTRUMENTATION AND CONTROL ENGINEERING

SECTION 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, hereafter called the Commission, from the nominees chosen and

ranked by the integrated and accredited association of Instrumentation and Control

Engineers.

SECTION 6. POWERS AND FUNCTIONS OF THE BOARD. - The Board

shall be vested with the following powers and functions:

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(b)
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(d)
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(h)

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

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

Administer oaths in connection with the administration of this Act;

Adopt an official seal of the Board;

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;

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;

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;


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Prescribe and/or adopt a Code of Ethics for the practice of Instrumentation
and Control Engineering;

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 isstue subpoena and subpoena duces tecum to secure the appearance

of witnesses and the production of documents in connection therewith;

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

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

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;

Submit an annual report after the close of each fiscal year on the
proceedings and accomplishments of the Board during the year as well as
any recommendation of the same to the Commission with the end in view
of upgrading and improving the conditions affecting the practice of
Instrumentation and Control Engineering in the Philippines; and
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.

SECTION 7. QUALIFICATIONS OF THE CHAIRMAN AND MEMBERS OF
‘THE BOARD. - The Chairman and 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) Muse be at least thirty-five (35) years of age;

© Must be of proven integrity and with high moral values as evidenced by his
past professional conduct;

(4) Must be a graduate of Instrumentation and Control Engineering;

(©) Must be a 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 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;

(g) 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
administration thereof at the time of his appointment to the Board; and

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

SECTION 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 serve continuously for more than six (6) years. They shall take the

proper oath of office prior to assumption of duty.

SECTION 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.

SECTION 10. VACANCY AND REMOVAL OF BOARD MEMBERS. ~ 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 be suspended or removed by the
President of the Philippines upon recommendation of the Commission for neglect of duty,
incompetence, malpractice, commission or tolerance of irregularities in any examination
given by the Board, unprofessional or unethical conduct, after due notice and hearing
where his right to be heard, to defend himself 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 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.

SECTION 11. SUPERVISION OF THE BOARD, CUSTODIAN OF ITS
RECORDS, SECRETARIAT AND SUPPORT SERVICES. - The Board shall be under
the general supervision and administrative control of the Commission. All 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

SECTION 12. LICENSURE EXAMINATIONS. - Every applicant seeking to be

registered and licensed as Instrumentation and Control Engineers or Instrumentation and

Control Technicians shall undergo and pass a written technical examination to be given by

the Board at least once a year in such places and dates as the Commission may designate,

SECTION 13. QUALIFICATIONS FOR EXAMINATION. - Any person

applying for admission to the licensure examination for Instrumentation and Control

Engineering or Instrumentation and Control Technician shall establish to the satisfaction
of the Board that:

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(b)
©

(d)

(3)

He is a citizen of the Philippines;

He is of good reputation and unsullied moral character;

He has not been finally convicted by a competent court of an offense

involving moral turpitude;

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;

For Instrumentation and Control Technician, he must possess any of the

following qualifications:

() He has completed at least three (3) years of a five-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, ete 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

(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 at least five (5) years of

apprenticeship in Instrumentation.

SECTION 14. SCOPE OF EXAMINATION. - The Board shall prescribe the
subjects for the licensure examinations for Instrumentation and Control Engineering as

well as that for the Instrumentation and Control Technician.

SECTION 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.

SECTION 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.

SECTION 17. ISSUANCE OF THE CERTIFICATE OF REGISTRATION
AND PROFESSIONAL LICENSE. - A Certificate of Registration shall be issued to
examinees 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 the 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,

This 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.

SECTION 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 or proof
satisfactory to the Board that:

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

(b) He is in the active practice of the profession for at least ten (10) years:
Provided, That if his active practice of the profession is only eight (8) years,
he must have passed the qualifying examination on Instrumentation
Engineering conducted by the integrated and accredited association of
Instrumentation and Control Engineers;

© 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 has completed at least three (3) years of a fiveyear 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 or she has an active practice of


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Instrumentation and Control for two (2) years or he or she must
hhave passed the qualifying examination on Instrumentation and
Control by the integrated and accredited association of
Instrumentation and Control Engineers.

(2) He has graduated from a two-year vocational course on allied
technologies and, in addition, has at least (2) years of practice in
Instrumentation;

(3) He 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

(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 isa member in good standing of the Integrated and accredited

association of Instrumentation and Control Engineer.

SECTION 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 or 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.

SECTION 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.

SECTION 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


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Certificate of Registration or reissue any suspended Professional License, and in so doing,
may, in its discretion, exempt the applicant from taking another examination.
Anew 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

SECTION 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.

SECTION 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.

SECTION 24. ISSUANCE OF TEMPORARY OR SPECIAL PERMITS. -
‘Without prejudice to the 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:

(a) Foreign registered and/or licensed Instrumentation and Control Engineers

recognized as experts in their specific fields, called in by the Philippine
Government for Consultation or for specific design, installation or project;
and

(b) 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 only for one (1) year subject to renewal every year.


ARTICLE IV
PRACTICE OF INSTRUMENTATION AND CONTROL ENGINEERING

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

thereof.

SECTION 26. PROFESSIONAL OATH. - All successful candidates in the
examination or registration shall be required to take a professional oath before any
member of the Board or any person duly authorized by the Commission, prior to the

practice of the profession.

SECTION 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 seal when filed with Government agencies or institutions or
when used professionally. It shall be unlawful for any one to stamp any document with

said seal after the certificate of the registrant named therein has been suspended or
revoked,

SECTION 28. CODE OF ETHICS. - The Board shall adopt the Code of Ethics
for Instumentation and Control Engineering which shall be promulgated by the

integrated and accredited association of Instrumentation and Control Engineers.


+13-

SECTION 29. CONTINUING PROFESSIONAL EDUCATION (CPE)
PROGRAM. - All registered Instrumentation and Control Engineers and Technicians
shall 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.

SECTION 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.

SECTION 31. 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.

ARTICLE V
MISCELLANEOUS PROVISIONS

SECTION 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.


“14

SECTION 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.

SECTION 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,

SECTION 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 (PhP10,000.00) 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.

SECTION 36. SEPARABILITY CLAUSE. - If any section or provision of this
Act shall be declared invalid or unconstitutional, such shall not invalidate any other

section or provision of this Act.

SECTION 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.
SECTION 38. EFFECTIVITY. - 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,