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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
First Regular Session

4319

House Bill No.

Introduced by: Hon. Celso L. Lobregat

EXPLANATORY NOTE

This is a re-filed bill, which seeks to create the “Environmental
Engineering Law of the Philippines,” filed during the 15" and 16
Congress and referred to the Committee on Civil Service and
Professional Regulation.

The Philippines is known to be blessed with abundant natural
resources, The country has fertile, arable lands, diverse flaura and
fauna, extensive coastlines, and rich mineral deposits.

The advent of modern technology affects the environment by
compromising human health and safety, endangering natural
ecosystems and biodiversity. Greenhouse gases affect atmosphere and
weather systems, causing global warming. These negative
consequences on our environment have drawn a lot of attention on a
global scale.

Considering the worldwide threat of climate change due to
human-induced activities and the country’s need to strive towards
economic growth while sustaining the environment, there is the
growing concern to adopt policies that give the right balance on both.

Environmental Engineering is the application of science and
engineering principles to improve the environment to provide healthy
water, air, and land for human habitation and for other organisms,
and to remediate polluted sites. Environmental engineers are actively
involved in the design of systems and processes used for pollution
control and mitigation. Physical, chemical and biological aspects of
treatment processes are investigated and developed.

Environmental Engineering is not new in the field of engineering
and it has been practiced in the Philippines for more than four
decades. Despite this, Philippines is yet to embrace the promise of
professionalizing the practice of Environmental Engineering.


Thus, this bill seeks to professionalize and regulate the practice
of environmental engineering in the Philippines to advance the cause
of a balanced and healthful environment in the midst of industrial and
economic growth.

In view of the foregoing, approval of this bill is earnestly sought.

Aa. =
CELSO L, LOBREGAT

Representative
Zamboanga City, 1% District


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
First Regular Session

4319

House Bill No.

Introduced by: Hon. Celso L. Lobregat

ENVIRONMENTAL ENGINEERING ACT OF THE PHILIPPINES

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

ARTICLE I
TITLE OF THE ACT AND DEFINITION OF TERMS

Section 1. Title of the Act.- This Act shall be known as the
“Environmental Engineering Law of the Philippines.”

Section 2. Definition of Terms.

a. Environmental Engineering- It is the application of
science and engineering principles to protect and
improve the environment including but not limited to
air, water, and/or land resources, to provide safe water,
air, and land for human habitation and for other
organisms, and to remediate polluted sites.

b. “gnvironmental Engineer’ a person duly registered
with the Board of Environmental Engineering under
this Act and is authorized to practice environmental
engineering in the Philippines.

Section 3. Scope of Practice. The scope of practice of
environmental engineering, within the meaning and intent of this Act,
shall embrace, inter alia, professional services in the form of:

a. Planning, designing, supervising, modifying or improving
waste collection, treatment and disposal facilities; water
supply, source evaluation, conveyance, treatment and
distribution systems; solid waste, toxic, hazardous and
radioactive waste collection, treatment and disposal systems;


b. Supervising the operation of environmental engineering
facilities or programs such as solid, toxic, hazardous and/or
radioactive treatment facilities, wastewater treatment plants,
air pollution control facilities and/or water works;

. Conducting and preparing technical reports and other
related documents required for works listed in subsection
3.a;

d. Investigating and studying physical phenomena to develop
programs and methods to conserve natural resources and
prevent, abate, or control pollution of the environment;

e. Planning comprehensive programs to enhance the
environment, developing and managing programs for the use
or protection of such resources in order to attain sustainable
development;

f. Carrying out relevant research, development, planning,
design, advisory, consultancy and other related engineering
activities in order to achieve sustainable development;

g. Conduct and prepare environmental impact assessment of
projects and undertakings, and other environmental
compliance reports as may be required by law;

h, Teaching Environmental Engineering subjects in schools,
institutions, colleges and universities of learning;

i. Employment with government, provided such item or
position requires the knowledge and experience of an
Environmental Engineer.

Section 4. Employment of Environmental Engineers.- Firms,
companies, partnerships or associations who are engaged in the
installation, construction, manufacture or sale of environmental
equipments, facilities and other environmental processes, shall hire or
engage the services of at least one (1) registered environmental
engineer. Furthermore, industries, establishments, institutions,
waterworks, and facilities which generate, treat, discharge and/or
dispose waste shall also be required to hire or engage the services of
at least one (1) registered environmental engineer who shall at the
same time perform functions of a Pollution Control/ Environmental
Officer.

The proprietor or manager of a firm, partnership or association
which employs a licensed environmental engineer shall post or cause
to be posted in a conspicuous place within the place of business of the
firm, partnership or association, the certificate of registration of the
environmental engineer.


ARTICLE 2
BOARD OF ENVIRONMENTAL ENGINEERING

Section 5. Creation of a Board of Environmental
Engineering.- Within 30 days after the approval of this Act, there
shall be created a Board of Environmental Engineers, hereinafter
referred to as the Board, which shall be composed of a chairperson
and two (2) members. They shall be appointed by the President of the
Philippines from among those recommended by the Society of
Environmental Engineers of the Philippines (SEEP), which shall be the
accredited professional organization for environmental engincers.

Section 6. Tenure of the Board Member.- The members of the
Board shall hold office for a term of three (3) years after their
appointment until their successors shall have been appointed and
shall have duly qualifies; Provided, however, That the members of the
Board first appointed under this act shall hold office for the following
terms: one member for one (1) year; one member for two (2) years; and
one member for three (3) years. Each member of the Board shall
qualify by taking the proper oath of office before assumption of his
duties.

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

a. A citizen of the Philippines;

b. At least 30 years old and of good moral character;

c. A holder of a Bachelor’s degree in Environmental Engineering
or its equivalent from a recognized and legally constituted
institution of higher learning and with at least five (5) years
of practical experience in environmental engineering prior to
his/her appointment; or a degree holder of any field of
engineering with Masters and/or Doctorate degree in
Environmental Engineering and with at least three (3) years
of practical experience in environmental engineering prior to
his/her appointment.

d. A registered environmental engineer duly qualified to practice
environmental engineering in the Philippines. The members
of the first Board shall be deemed automatically registered as
environmental engineers upon assumption of their duties as
members of the Board.

e. Not a member of the faculty of any school, college or
university where a regular course in environmental
engineering is taught, nor have pecuniary interest in such
institution. No former member of the faculty of any school,
institute or university where environmental engineering is


taught can become a member of the Board unless she/ he
has stopped teaching for at least three consecutive years.

Section 8. Causes for Removal from Office.- Any member of
the Board may be deemed removed from office for neglect of duty,
incompetence, malpractice, unprofessional, unethical, immoral or
dishonorable conduct after having been given the opportunity to
defend himself in a proper administrative investigation; Provided, That
during the process of investigation, the President of the Philippines
shall suspend such member under investigation and shall appoint a
temporary member in his place. Vacancies in the Board shall be filled
for the unexpired term only.

Section 9. Powers and Functions of the Board.- The Board
shall have the following powers and functions:

a.

Issue certificates of registration for the practice of
environmental engineering and suspend or revoke the same
for causes provided herein;

Issue certificates of recognition to environmental engineers
already registered under this Act for specialized training
undertaken in solid waste management, toxic, hazardous
and radioactive wastes, water and wastewater treatment, air
pollution, climate change, and sustainable development, or
in any branch of environmental engineering, subject to the
approval of the Professional Regulations Commissions,
hereinafter referred to as Commission;

Approve registration without examination and the issuance
of corresponding certificates of registration in accordance
with Section 13 of Article III of this Act;

Determine and prepare contents of licensure examinations;
score and rate the examination papers and submit the
results thereof to the Commission within twenty (20) days
after the last examination day;

Adopt a Code of Ethics in the practice of environmental
engineering;

Adopt an official seal to authenticate its official documents;
Inspect, in coordination with the Commission on Higher
Education, at least once a year, educational institutions
offering courses in environmental engineering in the
Philippines to ensure that these institutions maintain a high
standard of environmental engineering education;

Prepare syllabus for environmental engineering licensure
examination;

To look into, from time to time, the conditions affecting the
practice of environmental engineering profession and adopt
measures necessary for the enhancement of the
environmental engineering profession including, but not
limited to, the preparation of materials necessary for the
mandatory continuing education of environmental engineers;



j. Investigate violations of this act and the rules and
regulations hereunder as may come to its knowledge and, for
this purpose issue subpoena and subpoena duces tecum to
secure the appearance of witnesses and exhibition of the
documents and other evidence necessary in connection with
the performance of its functions;

kk, Delegate the conduct of hearing or investigation of
administrative cases filed before the Board;

1. Promulgate decisions on such administrative
the review by the Commission;

m. Issue, with the approval of the Commission, such rules and
regulations as may be deemed necessary to carry out the
provisions of this Act; and

n. Discharge such other powers and duties as may affect
professional, ethical and technological standards of the
environmental engineering profession in the Philippin

ses subject to

Section 10. Compensation of the Board.- ‘The Chairperson
and members of the Board shall receive compensation and allowances
comparable to the compensation and allowances received by existing
regulatory boards with Professional Regulations Commission (PRC),
hereinafter referred to as the Commission, as provided for in the
jeneral Appropriations Act.

Section 11. Supervision of the Board, Custodian of its
Records, Secretarial and Support Services.- The Board shall be
under the administrative supervision of the Commission. All records of
the Board, including the application for the examination,
examinations papers and results, minutes of deliberation,
administrative cases and other investigations involving Environmental
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.

Section 12. Annual Report.- The Board shall, at the end of
each calendar year, submit to the Commission a detailed report of its
activities and proceedings during the year embodying also such
recommendations as it may deem proper to promote the policies and
objectives of this Act.

ARTICLE Il
EXAMINATION AND REGISTRATION
Section 13. Registration Required.- Upon the effectivity of
this Act, no person shall practice or offer to practice environmental

engineering in the Philippines without having obtained the proper
certificate of registration from the Board.


Section 14, Examination Requirements.- Except as otherwise
permitted under Section 15 of this Title, all applicants for registration
for the practice of environmental engineering shall be required to pass
the examinations herein provided.

Section 15. Registration without Examination.- A certificate
of registration for environmental engineers shall be issued to any
applicant by the Board first constituted, without requiring the passing
of the examination herein prescribed; Provided, That he/she registers
within three (3) years after the constitution of the said Board and that
he/she possesses the following qualifications:

. He/She must be at least twenty-one (21) years old;

. He/She must be a Filipino citizen;

. He/She must have practiced environmental engineering; and

. He/She must have any of the following academic and/or
training background or experience:

1. A degree in environmental engineering or its equivalent
from a recognized and legally constituted school,
college or university, plus at least two (2) years of
environmental engineering experience;

2. A degree in any field of engineering plus a masters
and/or doctorate degree in environmental engineering
from a recognized and legally constituted school.
College or university, plus at least three (3) years of
environmental engineering experience;

ep

In lieu of the two (2) year experience required under this section,
the applicant for registration without examination must
complete a modular refresher course covering the five (5) major
subjects in Environmental Engineering as prepared by SEEP
and approved by the Board and the Commission.

Section 16. Holding of Examination.- Examination for
candidates desiring to practice environmental engineering in the
Philippines shall be given once a year in Metro Manila, and at such
other regions with a minimum of fifty (50) examinees, at such dates to
be determined by the Commission.

Section 17. Subjects of Examination.- Applicants for
certificates of registration as environmental engineers shall be
examined on the following subjects and shall be given the respective
weighted percentage:

1. Engineering Mathematics (20%)- algebra, trigonometry,
differential and integral calculus, differential equations,
statistics, solid mensuration and fluid mechanics;

2. Environmental Engineering Sciences (20%) - Environmental
chemistry and microbiology, environmental resources,
environmental science, ecology, environmental geology,
environmental engineering hydrology;


3. Environmental Engineering Theory, Design and Practice
(40%)- including but not limited to: Air and Noise pollution
Control Engineering; Water and Wastewater Engineering
Design; Solid & Hazardous Waste Management ; and

4. Environmental Impact Assessment and Environmental Laws
(20%)

‘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 profession.

Section 18. Rating in the Board of Examination.- To be
qualified as having passed the Board examination for environmental
engineers, a candidate must obtain a weighted general average of
seventy percent (70%), with no grades lower than fifty percent (50%) at
any subject, provided, however, that the weighted average in
Environmental Engineering Theory, Design and Practice shall not be
lower than seventy percent (70%), However, an examinee who obtains
a weighted general average rating of seventy percent (70%) or higher
but obtains a rating below fifty percent (50%) in any given subject, or
seventy percent (70%) in the case of Environmental Engineering
Theory, Design and Practice, s/he must take the examination in the
subject or subjects where she obtained a grade below fifty percent
(50%), or seventy percent (70%) in the case of Environmental
Engineering Theory, design and Practice.

Section 19. Conditional Examination.- An applicant for
examination who fails to pass the examination for the third time shall
be allowed top take another examination only after the lapse of one (1)
year from the last examination taken and having completed a
refresher course; Provided, that the first examination and the removal
examination, if s/he fails, shall be considered as one failure.

Section 20. Qualifications for Examination. Any person
applying for admission to the environmental engineering examination
as herein provided shall, prior to the dates of the examination,
establish to the satisfaction of the Board that s/he has the following
qualification:

a. A citizen of the Philippines;
b. At least twenty-one (21) years old; and
c. A holder of any of the following:

1. Bachelor’s degree in environmental engineering or its
equivalent acceptable to the Board;

2. Bachelor’s degree in any other field of engineering
with masters and/or doctorate degree in
environmental engineering with three (3) years
environmental engineering experience.



Section 21. Oath of Environmental Engineers.- All successful
candidates in the examination shall take the prescribed oath before
the Board or before any other government official authorized to
administer such oath prior to entering the practice of the profession.

Section 22. Issuance of Certificates of Registration and
Professional License.- The Board shall issue a certificate of
registration and professional license to the successful examinees after
having undertaken the professional oath as prescribed in the
preceding section, and upon payment of the registration fee as
required by the Commission.

Section 23. Exception from Registration.- Registration shall
not be required of foreign environmental engineers or experts called in
by the Philippine Government for consultation for specific
environmental engineering 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 environmental engineers.

Section 24. Refusal to Issue Certificate of Registration.-
The Board shall not issue a certificate of registration to any person
who suffers from the following disqualifications:

a. Conviction by final judgement by a court of competent
jurisdiction of any criminal offense involving moral
turpitude;

b. Conviction by final judgement in administrative case

of any offense involving immorality or notoriously
undesirable conduct; and

c Has an unsound mind. In case of refusal to issue a
certificate, the Board shall issue to the applicant a
written statement setting forth the reasons for such
refusal.

Section 25. Suspension and Revocation.- The Board shall
have the power, after due notice and hearing, to suspend and/or
revoke the certificate of registration previously issued for any cause/s
mentioned in the preceding section.

Section 26. Engineering Services of a Registered
Environmental Engineer.- All plans and documents and/or
alterations thereof relating to projects and undertakings which shall
pose or threatens to pose significant environmental impacts to
environment shall not be considered valid without the signature and
seal of a registered environmental engineer.

Section 27. Roster of Environmental Engineers.- A roster
showing the names and places of business of all registered

10


environmental engineers shall be prepared and kept by the Board and
by the Secretary of the Commission. Copies of this roster shall be
furnished to all building officials and government agencies involved in
the protection and conservation of the environment and shall be made
available to the public upon request.

Section 28. Re-issuance and Replacement Certificate.- The
Board may, after the expiration of one (1) year from the date a
certificate of registration is revoked and for valid reasons, entertain an
application for the issuance of a new certificate of registration.

Section 29. Use of Seal.- All registered environmental
engineers shall obtain a seal of such design as the Board shall
authorize and direct; Provided, however, that the serial number of the
certificate issued by the Board shall be included in the design of the
seal. Plans and specifications prepared by, and under the direct
supervision of a registered environmental engineer shall be stamped
with said seal during the life of the registrant’s certificate, and it shall
unlawful for any person to stamp or seal any documents with the said
seal after the certificate of registrant named thereon has expired or
has been revoked, unless said certificates shall have been renewed or
re-issued.

Section 30. Firms and Corporations engaged in
Environmental Engineering practice. A firm, partnership,
corporation or association may engage in the practice of
environmental engineering in the Philippines: Provided, That such
practice is carried out under the supervision of an environmental
engineer or environmental engineers holding valid certificates issued
by the Board.

ARTICLE IV

ENFORCEMENT OF ACT AND PENAL PROVISION

Section 31. Enforcement by Government Officials and
Officers of the Law.- It shall be the duty of all government officials
and duly constituted law officers of the national, provincial, city and
municipal governments, to assist the Board and the Commission in
enforcing the provisions of this Act and to prosecute any person
violating the same. In this connection, head of government offices,
departments, bureaus, government-owned or controlled corporations,
provincial governors, and city and municipal mayors shall appoint
qualified and/or registered environmental engineers to positions
requiring the knowledge, skill, and competence of environmental
engineers.


Section 32. Penal Provision.- Any person committing any of
the following acts shall, upon conviction, be sentenced by
imprisonment of not less than six (6) months, nor more than five (5)
years, or a fine of not less than ten thousand (Php 10,000.00) nor
more than fifty thousand (Php 50,000.00) or both, in the discretion of
the Court:

a. Engaging in the practice of environmental engineering in the
Philippines without having been registered or without having
conformed to the provisions of the Decree;

b. Presenting or attempting to use as his own the certificate of
registration of a registered environmental engineer;

c. Giving any false or forged evidence of any kind to the Board,
or impersonating any registered environmental engineer;

d. Attempting to use a revoked or suspended certificate of
registration;

¢. Using in connection with his name or otherwise assuming,
using or advertising any title or description tending to convey
the impression that he is an environmental planner without
holding a valid certificate of registration; or

f, Violating any of the provisions of this Act. In case the
offender is a corporation, partnership or juridical person, the
penalty of imprisonment shall be imposed on the officer or
officers responsible for permitting or causing the violation.

ARTICLE V
MISCELLANEOUS PROVISIONS

Section 33. Reciprocity Requirements.- No person who is not
a citizen of the Philippines at the time he/she applies to take the
examination shall be allowed to take it unless he can prove in the
manner provided by the Rules of Court that, by specific provision of
law, the country of which he is a citizen, subject, or national either
admits citizens of the Philippines to the practice of the same
profession without restriction or allows them to practice it after an
examination on terms of strict and absolute equality with citizens,
subjects, or nationals of the country concerned, including the
unconditional recognition of degrees issued by institutions of learning
duly recognized for the purpose by the Government of the Philippines;
Provided, That if he is not a citizen of the Philippines, and was
admitted to the practice of a profession in the Philippines before the
enactment of this law, his active practice in that profession, either in
the Philippines or in the state or country where he was practicing his
profession, shall not have been interrupted for a period of two years or
more prior to this enactment, and that the country or state from
which he comes allows citizens of the Philippines by specific provision
of law, to practice the same profession without restriction or on terms



'$ or nationals of

of strict and absolute equality with citizens, subje
the country or state concerned.

Section 34. 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.

‘The amount necessary to carry out the initial implementation of
this Act shall be charged against the current year’s appropriations of
the Professional Regulations Commission. Thereafter, such sums as
may be necessary for the continued implementation of this Act s
be included in the succeeding General Appropriations Act (GAA).

Section 35. Repealing Clause.- All laws, parts of laws, decrees,
orders, letters of instructions and ordinances, or regulations in
conflict with the provisions hereof, are hereby repealed or modified
accordingly

Section 36, Separability Clause.- If any part or section of this
Act shall be declared unconstitutional, such declaration shall not
invalidate the other provisions hereof.

Section 37. Effectivity. This Act shall take effect upon its
approval.

Approved