Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

House Bill No. 6134

Introduced by Rep. JOSE T. PANGANIBAN, JR.
ANAC-IP Partylist

AN ACT PROMOTING & REGULATING THE PRACTICE OF THE
AGRICULTURE PROFESSION IN THE PHILIPPINES, APPROPRIATING FUNDS
THEREFORE AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Republic Act 8435 otherwise known as the Agriculture and Fisheries Modernization
Act recognized potential graduates of agriculture and its equivalent to be in the forefront of
providing policy direction and leadership to agricultural workers and servicing the technical
needs in the field of agricultural production and agribusiness. In the practice of their
profession both in government and private sectors, they shall pass a licensure examination in
order to establish their proficiency and knowledge in the field of agriculture and its allied
sciences. The same will provide safeguards to protect the industry among malpractice in the
course of agricultural production, livestock and fisheries industry.

The proposed House Bill seeks to upgrades, modernize, and regulate the
qualifications, skills and education of agriculturists in managing the farms profitably
especially in coping with environmental threats of industrialization, growing population
associated with increasing demand for food production, and climate change. It shall develop
and nurture competent, righteous, productive, well-rounded licensed Agriculturists whose
standards of practice and service shall be excellent, world-class and globally competitive
through effective, and credible licensure examinations and through regulatory measures,
programs, and activities that foster their professional growth and development.

The proposed measure recognizes the importance of professional agriculturists in
nation-building and development. In view of the foregoing premises, the approval of this bill
is earnestly sought.

Z_REP. JOSE L-FANGANIBAN, JR.

AC-IP Partylist


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

6134

House Bill No.__

Introduced by Rep. JOSE T. PANGANIBAN, JR.
ANAC-IP Partylist

AN ACT PROMOTING & REGULATING THE PRACTICE OF THE
AGRICULTURE PROFESSION IN THE PHILIPPINES, APPROPRIATING FUNDS
THEREFORE
AND FOR OTHER PURPOSES

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

ARTICLE I
TITLE, DECLARATION OF POLICY,
OBJECTIVES, AND SCOPE OF PRACTICE

Section 1. Short Title. — This Act shall be known as the “The Philippine Agriculturists
Act of 2017.”

Section 2. Declaration of Policy. — The State recognizes the importance of Agriculture
in nation building and development. Hence, it shall develop and nurture
competent, righteous, productive, well-rounded, country-and God-loving
licensed Agriculturists whose standards of practice and service shall be
excellent, world-class and globally competitive through effective, and credible
licensure examinations and through regulatory measures, programs, and
activities that foster their professional growth and development.

Pursuant to the national policy, the government shall provide a program to set
up a climate conducive to the practice of the profession and maximize the
capability and potential of our agriculturists

Toward this end, the State shall establish and maintain a Board of Agriculture
that shall conduct, among others, a national board examination to all graduates
of a four-year degree program in agriculture, or its equivalent, regulate, and
sustain the practice of the profession for efficient and effective public service.


Section 3.

Section 4.

Objectives. — This Act shall provide for and govern.

a) The modernization, standardization and regulation of the practice of
agriculture;

b)

The conduct of licensure examinations to graduates of CHED recognized
agricultural schools for the purpose of registration of agriculturists;

c) The promotion, development, regulation, control and supervision of the
practice of agriculture in the Philippine, through the utilization of
advanced information technology particularly those technologies now
available through Patents Franchise.

d)

Integration of agriculturists into and under one umbrella professional
organization.

°)

Pursue the principles set forth by the AFMA Law of 1997, and RA 8435,

Defi

ion of Terms.

a) “Agriculture” is the art, science, ethics, management and entrepreneurial
business in the production, processing, and marketing of agricultural
products;

b) “APO” refers to the Accredited Professional Organization of Agriculturists
that the Board has accredited subject to the approval by the Commission as
the one and only integrated national organization of Agriculturists.

¢

“Agri-Board” refers to the Professional Regulatory Board of Agriculture,
hereby created as the regulatory body, under the administrative, executive
and policy and supervision of the Professional Regulation Commission
(PRC), for the practice of Agriculture in the Philippines; and tasked with
powers, functions and responsibilities herein prescribed;

d) “Commission” refers to the Professional Regulation Commission created
under R.A. No. 8991, known as the “PRC Modernization Act of 2000”.

©

“Licensed Agriculturist” refers to any person who has passed the Board
licensure examination for agriculturists administered by the Board and the
Commission, or any baccalaureate person with five year experience in the
practice of the profession before the implementation of AFMA of 1997
and approved by the Board and PRC, taken the oath of an Agriculturist,
and duly registered and issued with a certification of good standing and is
allowed under this act to engage in or to perform activities, acts or services
constituting the professional practice of agriculture including those who
hold a position in the government service, private sector, or who teach
subjects in schools, colleges or universities, requiring the knowledge of
Agriculture;


Section 5.

f) “Practice of agriculture profession” refers to the activities, acts, services or
pursuits exclusively performed by registered and licensed professional
agriculturists; the scope thereof is prescribed and/or specified herein.

g) MRA means Mutual Reciprocity Agreement with other countries
particularly nations within ASEAN in agricultural education and practice

h) “Other terms” (This has to be defined provided it is used in the body of the
Act),

ARTICLE I
PROFESSIONAL REGULATORY BOARD OF AGRICULTURE

Creation and Composition of the Professional Regulatory Board of
Agriculture. — There is hereby created a Professional Regulatory Board of
Agriculture, hereinafter-referred to as the “Agri-Board”, a collegial body
under the administrative supervision and control of the Professional
Regulation Commission, hereinafter-referred to as the “Commission”, shall be
composed of a chairman and five (5) members, to be appointed by the
President of the Philippines from a list of three (3) recommendees for each
position and ranked by the Commission from a list of (5) qualified nominees,
endorsed by the Accredited Professional Organization (APO) of registered and
licensed agriculturists within 90 working days after the approval of this Act.
Other Professional Agricultural Organizations duly registered by the Securities
and Exchange Commission (SEC) may submit nominees through the APO.

The Agri-Board shall be organized not later than six (6) months from the
effectivity of the Act.

The Agri-Board shall elect a vice-chairman from among its members for a
term of one (1) year.

The Chairman shall preside in all meetings of the Agri-Board and in the event
of a vacancy in the office of the chairman, the vice chair shall assume the post.

Section 6. Qualifications of the Chairperson and Members of the Agri-Board. — The

chairperson and each member shall, at the time of his/her appointment,
possess all these qualifications. He/she must be:

a)

A Filipino citizen and a resident of the Philippines;
b) Of good moral character and of sound mind and body;

°)

Not convicted by a court of competent jurisdiction of an offense involving
moral turpitude;

dq)

The Chairperson and members of the Agri-Board must be licensed
agriculturists.


Section 7.

Section 8.

Section 9.

e) A registered and licensed Agriculturist with valid certificate of registration
and a valid professional identification card and with at least five (5) years
of relevant experience prior to his/ her appointment

f) A member in good standing of the APO, but not an officer or trustee
thereof of; and

Must not have any pecuniary interest, directly or indirectly, in any school,
college, university or institution conferring an academic degree necessary
for admission to the practice of agriculture or where review classes in
preparation for the licensure examination are being offered or conducted,
at the time of his/ her appointment to the Agri-Board.

g

Agri-Board Term of Office. — The chairman and members of the Agri-Board
shall hold office for a term of three (3) years without prejudice for
reappointment to another term provided they have been evaluated and
qualified based on performance by the Commission through the endorsement
of the APO, but in no case shall they serve continuously for more than six (6)
years. Members of the Agri-Board shall continue to serve their respective
remaining terms until their successors shall have been qualified and have been
appointed in accordance with this Act.

The first Agri-Board shall have staggered terms of office, with the
Chairperson serving for three (3) years, the first the three (3) members for two
(2) years, and the last three (3) members for one (1) year. In case of vacancy,
any appointee shall serve only the unexpired term.

‘The Chairperson and the members shall duly take their oath of office before
the President of the Philippines and later with the Commission.

This provision shall take effect upon the approval of this Act.

Compensation, Allowances and other Benefits of the Agri-Board. — The
Chairperson and members of the Agri-Board shall receive compensation,
allowances, and other benefits comparable to those that the Chairperson and
members of other Professional Regulatory Boards under the Commission
enjoy as provided for in the General Appropriations Act.

Powers, Function, Duties, and Responsibilities of the Agri-Board. — The
Agri-Board shall exercise executive/ administrative, rule-making, and quasi-
judicial powers in carrying out the provisions of this Act. It shall be vested
with the following specific powers, functions, duties, and responsibilities:

a) Regulate the practice of Agriculture in accordance with provisions of this
Act;

b) Issue and promulgate rules and regulations implementing the provisions of
this Act;

c) Promulgate and adopt the Code of Ethics and Good Governance, and the
Code of Technical Standards for the Practice of Agriculture;

5


d

Adopt an official seal of the Board;

e) Prescribe and promulgate guidelines on the Continuing Professional
Development (CPD) for Agriculturists in consultation with the APO;

f) Prescribe and promulgate the tables of specifications for the subjects in the
licensure examination/s in consultation with the academe and the
Commission on Higher Education (CHED);

g) Issue or cancel temporary or special permit/s granted to foreign
Agriculturists;

h) Promulgate a program for the walk-in licensure examination;
i) Evaluate and approve applications with and/or without licensure
examination/s for agriculturists;

j) Prepare questions for the subjects in the Board licensure examinations,
administer, and correct the said examinations, and release their results;

ky

Register with, and/ or approve applications without Board licensure
examination/s persons for the practice of Agriculture and issue thereto
Certificates of Registration and Professional Identification Cards;

Administer oaths in the performance of its function;

m) Monitor the conditions affecting the practice of Agriculture through ocular
field visits of agricultural establishments (government agencies and private
enterprises) where Agriculturists are practicing, and adopt such measures
as may be deemed proper for the enhancement of the profession or
occupation and/or for the maintenance of high professional, moral, ethical,
and technical standards;

n

Enter together with the Commission into a Memorandum of Agreement
with the CHED in providing the latter performance indicators through the
licensure examinations of graduate and field visits and ocular inspection of
schools, colleges, and universities. This shall ensure compliance with all
higher education instruction and offerings of degrees, courses, or programs
with the policies, standards, and requirements of the course prescribed by
CHED in the areas of curriculum, faculty, library and facilities;

0) Hear and investigate cases on violations of this Act, its implementing rules
and regulations, the Code of Ethics, the Code of Good Governance, the
Code of Technical Standards for the practice of Agriculture, and other
policies; and for this purpose to issue summons, subpoena and subpoena
ducestecum to alleged violators and/or witnesses to compel their
attendance in such hearings or investigations;

Delegate the hearing or investigation of the cases against the alleged
violators; provided, that, hearing or investigation of cases wherein the
issue or question involved strictly concerns the technical practice of

P)


Agriculture shall be presided over by at least one (1) member of the Board
assisted by a Legal or Hearing Officer of the Commission;

q) Endorse cases involving criminal violators of this Act and other laws, its
rules and regulations, and other policies to the Prosecution Office for
investigation;

t) To decide administrative cases against examinees or registered
Agriculturists after following due process; provided, if they are guilty, to
cancel their examination papers and/or debar them from taking another
licensure examination, or to revoke/ suspend their certificate or
registration; provided, further, that the effectivity of the penalty shall only
commence from the date of surrender of the said certificates together with
the professional identification cards; provided, furthermore, the decision of
the Board shall, unless appealed to the Commission, become final and
executory after fifteen (15) days from receipt of notice of judgment or
decision;

Reissue or reinstate revoked/suspended Certificate of Registration and
unexpired Professional Identification Card to respondent holder: provided,
the revoked Certificate of Registration shall only be reissued after the
lapse of the period provided in this Act; provided, further, the Board shall
issue a resolution thereon subject to approval by the Commission, after
he/she shall have established his/her fitness to practice anew his/her
Agriculture profession and, provided, furthermore, the suspended
certificate of registration shall only be reissued upon the period imposed in
the decision of the Board;

Conduct through the Legal or Hearing Officers summary proceeding on
minor violation of this Act, its IRR, any of the Codes afore-mentioned, the
General Instructions to Examinees committed by examinees, and to render
summary judgment thereon which shall, unless appealed to the
Commission, become final and executory after fifteen (15) days from
receipt of notice of judgment or decision;

u)

Prepare an annual report of accomplishments, programs, projects, and
activities of the Board during the year of submission to the Commission
after the close of each calendar year and to make appropriate
recommendations on issues or problems affecting the Agriculture
profession to the Commission;

vy)

Discharge other applied, incidental, necessary powers, duties, functions,
and responsibilities for the effective carrying out of the provisions of this
Act and its policies or measures and the achievement of its objectives; and

w) The rules and regulations, codes and other policies embodied in a
resolution issued and promulgated by the Board shall be subject to review
and approval by the Commission. However, the Board’s decision,
resolution, or order rendered in an administrative case, which is not
interlocutory, shall be subject to review only if on appeal.


Section 10.

Section 11.

Grounds for Removal or Suspension of Agri-Board Chairperson/
Member. ~ The President of the Philippines, upon the recommendation of the
Commission, after giving the Chairperson or the member of the Agri-Board an
opportunity to defend himself/herself in an administrative investigation
conducted by the Commission, may remove or suspend him/her on any of the
following grounds

a) Gross neglect, incompetence or dishonesty in the discharge of his/her
duty/function;

b) Any violation of this Act and other pertinent Laws;

c) Manipulation, or rigging of the Board licensure examination for
Agriculturists’ results, disclosure of confidential information on the
examination questions prior to the conduct thereof, or tampering of grades.

Sec. 7 (s) of R.A. No. 8981, the rules and administrative investigation and
the applicable provisions of the New Rules of Court shall guide the
Commission in the conduct of the investigation.

Supervision of the Agri-Board, Custodian of its Records, Office of the
Secretary, Professional Regulatory Boards (PRBs) and Support Services.
— The Commission shall provide a Secretariat for the Agri-Board who shall
keep all records of the Board (applications for examination, etc.). The
Commission shall designate the Secretary of the Board who shall be a staff
member in the Office of the Secretary, Professional Regulatory Boards (PRBs)
and shall provide the other support services to the Board.

ARTICLE Il

EXAMINATION, REGISTRATION, CERTIFICATION, AND LICENSURE

Section 12. Passing of Licensure Examination Requirement. — Applicants for registration

Section 13.

for the practice of Agriculture shall be required to pass a licensure
examination as provided for in this Act in such places and dates as the
Commission may designate in the Resolution thereof on the Master Schedule
for all licensure examinations in accordance with Section 7 (d) of R.A. No.
8981

Qualifications of Applicants. - An applicant for the licensure examination for
Agriculturists shall satisfactorily prove that he/ she possesses all the following
qualifications:

a) Citizen of the Philippines or a foreign citizen whose country/state has
reciprocity with the Philippines in the practice of Agriculture;

b) Of good moral character,

©) A holder of a Bachelor of Science in Agriculture; a Master of Science or a
Doctor of Philosophy degree in any specialized field of Agriculture or its
allied disciplines that satisfy the six (6) areas of concern obtained by either
a Filipino or foreign citizen from duly recognized or CHED-accredited


Section 14,

Section 15.

Section 16.

Section 17.

school/ college/ university, or its equivalent from an institution of learning
in a foreign county/state; anc

d) Not convicted of an offense involving moral turpitude by a court of
competent jurisdiction.

Subjects for Licensure Examination. — The licensure examination/s for
Agriculturists shall include, but, not be limited to, the following:

a) Two (2) Crop Science Courses (Introduction to Crop Science and
Introduction to Horticulture Production);

b)

Two (2) Animal Science Courses (Introduction to Animal Science and
Introduction to Livestock and Poultry Production);

¢) Two (2) Crop Protection Courses (Principles of Crop Protection and
Approaches and Practices in Pest Management)

d) Two (2) Soils Science Courses (Principles of Soil Science and Soil
Fertility, Conservation and Management),

€) One (1) Agricultural Economics and Marketing Course; and

f) One (1) Agricultural Extension and Communication Course (Principles
and Methods of Extension and Communication in Agriculture).

The Board, subject to approval by the Commission, may recommend to CHED
changes in the said subjects to conform to modern and advanced technologies
in Agriculture.

Rating in the Licensure Examination. — To pass the licensure examination
for agriculturists, a candidate must obtain a general or weighted average rating
of seventy percent (70%), with no grade lower than sixty percent (60%) in any
given subject

Oath of Profession. — All successful candidates in the licensure examination
and those approved for registration without examination shall take their oath
of profession before the Board; or any authorized officer of the Commission,
or any person authorized by law, to administer oaths, prior to entering upon
the practice of Agriculture.

Issuance of Certificate of Registration and Professional Identification
Card. — A Certificate of Registration shall be issued to those who have taken
their oath of profession and are registered with or have approved applications
without licensure examination subject to payment of fees prescribed by the
Commission. It shall bear the signatures of the Secretary and the two (2)
Commissioners of the Commission and the Chairman and members of the
Board, stamped with the official seal of the Commission and the Board,
certifying that the person named therein is entitled to the practice of the
profession with all privileges appurtenant thereto. Until withdrawn, revoked,
or suspended in accordance with this Act, it shall remain in full force and
effect.


Section 18.

A Professional Identification Card bearing the registration number and date,
its validity and expiry duly signed by the Chairperson of the Commission shall
likewise be issued to every registrant who has paid the prescribed fee. It shall
be reissued after every three (3) years upon satisfying all requirements and
payment of the prescribed fees thereof.

Refusal to Register. - The Board shall not register any successful applicant
for registration with or approved application without licensure examination
that has been:

a) Convicted of an offense involving moral turpitude by a court of competent
jurisdiction,

b) Found guilty of immoral or dishonorable conduct by the Board,

©) Summarily adjudged guilty for violation of the General Instructions to
Examines by the Board, and/or

d) Declared of unsound mind by the court of competent jurisdiction.
In refusing such registration, the Board shall give the applicant a written

statement setting forth the reasons therefore and shall file a copy therefore in
its records.

Section 19. Revocation or Suspension of the Certificate of Registration and Cancellation

of Temporary/Special Permit. — The Board shall have the power, upon
notice, and hearing, to revoke or suspend the certificate of registration of a
Registered and Licensed Agriculturist or to cancel a temporary special permit
granted to a foreign Agriculturist, for violation of any of the grounds or causes
in Section 19 of this Act, except (c) therefore and for any of the following
grounds:

Violation of a provision of this Act, its IRR, Code of Ethics, Code of Good
Governance, Code of Technical Standards for the practice of Agriculture,
policy and measure of the Board and/or the Commission;

b) Perpetration or use of fraud in obtaining his/her Certificate of Registration,
professional identification card, temporary/special permit;

©)

Gross incompetence, negligence or ignorance resulting in death, injury or
damage;

d)

Refusal to join or to remain a member in good standing of the APO;

e)

Neglect or failure to pay the annual registration fees for five (5)
consecutive years;

f) Non-renewal of the Professional Identification Card;

10


Section 20.

Section 21. Non-Payment of the Annual Registr

g) Aiding or abetting the illegal practice of a non-registered and licensed
person by allowing him/her to use his Certificate of Registration and/or
Professional Identification Card or his/ her Special/Temporary Permit

bh

Illegal practicing the profession during his/her suspension from the
practice thereof,

Addicted to a drug or alcohol abuse impairing his/her ability to practice
his/her profession or declared with unsound mind by a court of a
competent jurisdiction; and

j) Non-compliance with the CPD requirements, unless he/ she is exempted
there from, for the renewal of his/her Professional Identification Card;

Provided, however, that such actions are subject to appeal or remedies
available under existing Laws. The Board shall periodically evaluate the afore-
mentioned grounds and revise or exclude or add new ones as the need arises
subject to approval by the Commission

Any person, firm or association may file charge/s in accordance with the
provision of this Section against any registrant, or the Board may,
‘motuproprio investigate a violation of any of the above-motioned causes.
Affidavit-complaint shall be filed together with the affidavits of witnesses and
other documentary evidence with the Board through the Legal and
Investigation Office. The motuproprio move to conduct an investigation shall
be embodied in a formal charge to be signed by at least majority of the
members of the Board. The rules on administrative investigation, the
provisions of this Act, R.A. No. 8981, and the Rules of Court shall be
applicable.

Re-issuance of Revoked Certificate of Registration, Replacement of lost or
Damaged Certificate of Registration, Professional Identification Card or
Temporary/Special Permit. — The Board may upon petition reinstate or
reissue a revoked certificate of registration after two (2) years from the
effectivity of the period for revocation, which is the date of surrender of the
said Certificate and/or the Professional Identification Card if still valid to the
Board and/or the Commission. The Board may not require the holder thereof
to take another licensure examination. The petitioner shall prove to the Board
that he/she has valid reason to practice his/her profession. For the grant of
his/her petition, the Board shall issue a Board Resolution subject to approval
by the Commission.

Duplicate copy of lost Certificate of Registration, Professional Identification
Card or Temporary/Special Permit may be reissued in accordance with rules
thereon and upon payment of the prescribed fee therefore.

Fees, — The Board shall suspend a
registered Agriculturist from the practice of his/her profession for non-
payment of the annual registration fees for three (3) consecutive years from
his/her last or previous year of payment. The resumption of his/her practice
shall take place only upon payment of the delinquent fees plus surcharges and
interest and in accordance with the rules of the Commission. The running of

1


Section 22. Vested Rights: Automatic Registr:

Section 23.

the three-year period may be interrupted upon written notice about the
discontinuance of his/her practice and surrender of his/her Certificate of
Registration and Professional Identification Card, if unexpired to the Board
and/or Commission.

n. — All Agriculturists registered at the
effectivity of this Act shall automatically be registered hereunder, subject to
the provisions herein set forth as to future requirements.

Certificates of Registration and Professional Identification Cards or
‘Temporary/Special Permits held by such persons in good standing at such
effectivity shall have the same force and effect as though they were issued on
or after the said effectivity.

ARTICLE IV
PRACTICE OF AGRICULTURE

Scope of Practice. - No person shall practice or offer to practice the
Agriculture Profession in the Philippines, unless she/she is a registered and
licensed Agriculturists’, possessing a valid Certificate of Registration and a
valid Professional Identification Card issued by the Board.

‘The practice of Agriculture shall include, but not be limited to, the following
acts or activities:

a) Consultation, evaluation, investigation, and management services
requiring the application of agriculture knowledge:

b)

Preparation and certification of agricultural systems, interactive diagnosis,
and plans; and design, project feasibility studies and cost estimates; and
specification for the production, harvesting, processing, utilization and
marketing perennial and annual agricultural crops and/or animals for
multiple products and services, including conservation and sustainable
production practices; and other management services in agriculture;

¢) Provisions of related activities or services such as the conduct of
experiments, research, extension, development, training or
communications in agriculture;

d) The teaching of agriculture subjects in all Higher Education Institutions
(HEIs) (Schools, Colleges and Universities), and for licensure
examinations; undertaking, supervision and/or administration of studies
and programs in stations, centers, community/provincial/ regional/national
offices of government agencies and institutions requiring agriculture
professionals; technical, or management consultants needed by/or required
of local government units, private corporations, foundations, non-
government associations and foreign assisted projects;

©)

All agriculture concerns, projects, business activities or related services
must be certified by a professional agriculturist before such will be
accepted by any entity for registration, getting business permits or licenses

12


Section 24.

Section 25,

Section 26.

in municipalities, any financial institutions, legal transactions and the like.
Such requirements shall ensure that agriculture activities will conform to
the observance of the requirements of good agricultural, environmental,
conservation, and sustainable production practices affecting the natural
resources and the ecosystem;

f) Development of management plans with recommendations on the
implementation of agricultural nurseries (including tissue-culture and
clonal bank operations), appropriate crop species and strategies for
appropriate sites; a plan for long-term fertility management, soil and water
resources conservation measures; for marketing final products including
budget and economic projections; farm and pasture diversification plans of
ranches, fruit crop growers and farms to diversify products and integrate
more intercrops into their plantings, with appropriate species and
techniques to support existing crops, reduce expenses and increase the
diversity and economic resiliency of the project; conduct of assessment,
analysis and management of resources; and agriculture products
manufacturing and marketing; and

g) Employment in the private or government sector that requires agriculture

knowledge and expertise

The Board, subject to approval by the Commission, may revise, exclude from
or add to the above-enumerated acts or activities as the need arises for
conform to the latest trends in the practice of Agriculture.

Lawful Practitioners of Agriculture. ~ Persons who shall be authorized to
practice the Agriculture profession are:

a) Duly registered and licensed as Agriculturists and holders of valid
Certificates of Registration and valid Professional Identification Cards
issued by the Board and the Commission pursuant to this Act; and

b) Holders of valid Temporary/ Special Permits issued by the Board and the
Commission to foreign licensed Agriculturists pursuant to this Act.

Foreign Reciprocity. — No foreigner shall be allowed to take the Board
licensure examination for Agriculturists, register, receive his/her Certification
of Registration and Professional Identification Card, and practice Agriculture
in the Philippines unless the requirements for the licensure examination and/or
registration and practice of Agriculture imposed under the laws and
regulations in his/her foreign country/state are substantially the same as those
required and contemplated by the Philippine laws and regulations, and unless
the said foreign laws and regulations allow Philippine citizens to practice
Agriculture within the territory of the said foreign country/state on the same
basis and grant the same privileges as those enjoyed by the citizens, subject or
nationals thereof.

Indication of Numbers: Certificate of Registration, APO Membership and
Professional Tax Receipt. ~ The Agriculturist shall be required to indicate
his/her Certificate of Registration Number and Date of Issuance, the expiry of
his/her current Professional Identification Card, APO Membership Number

13


Section 27.

Section 28.

Section 29.

Section 30.

Section 31.

Section 32.

and the Professional Tax Receipt Number on the documents he/she signs,
uses, or issues in connection with the practice of his/her Agriculture
profession.

Roster of Agriculturists. — The Board shall prepare and maintain a roster of
the names, residence and/or office address of all registered Agriculturists,
which shall be updated annually in cooperation with the APO, indicating
therein the status of the Certificate of Registration, Professional Identification
Card, and APO membership, whether valid, inactive due to death or other
reasons, delinquent, suspended or revoked. The said roster shall be
conspicuously posted within the premises of the Commission and the
information there from made available to the public upon inquiry or request.

Integration of the Professional. — The Agriculturists shall be integrated into
one (1) national organization of Agriculturists that is duly registered with the
Securities and Exchange Commission (SEC). The Board of Agriculture
subject to approval by the Commission shall accredit the national organization
of Agriculturists. All Agriculturists whose names appear in the Registry Book
of Agriculturists shall ipso facto or automatically become members of APO,
and shall receive benefits upon payment of the membership fees and dues.

Membership in an affiliate organization of Agriculturists shall not be barred.

Practice by Other Registered and Licensed Professionals under this Act. —
Professionals who are registered and licensed under another Professional
Regulatory Law (PRL) shall not be prevented from practicing any of the
activities in the scope of practice under this Act provided that such activity is
also found in the said PRL.

Posting of Certificate of Registration and Professional Identification Card
or Temporary/ Special Permit. ~ The registered and licensed Agriculturists
shall post in a conspicuous place in his/her office photocopies of the
Certificate of Registration and Professional Identification Card of
Agriculturists or Temporary/ Special Permit.

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.

ARTICLE V
PENAL AND MISCELLANEOUS PROVISIONS

Penal Clause. — Any person who shall violate any provisions of this Act, who
shall practice the Agriculture profession in the Philippines without a
Certificate of Registration and/or Professional Identification Card in
accordance herewith, or any person presenting or using as his/her own
certificate of Registration and/or Professional Identification Card belonging to
another, or any person giving any false or forged evidence to the Board or
Commission in order to secure a Certificate of Registration and/or a
Professional Identification Card, or Temporary/Special permit, or any person

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Section 33.

Section 34,

assuming, using or advertising as a registered and licensed agriculturist
without having been conferred such title, or advertising any title description
tending to convey the impression that he or she is a registered and licensed
agriculturist, shall be, upon conviction, be fined with not less than Fifty
Thousand Pesos (Ph50,000.00), but not more than Five Hundred Thousand
Pesos (Ph500,000.00), or imprisoned for not less than six (6) months but not
more than six (6) years or be meted with both at the discretion of the court.

Employment of Agriculturists in the Government. — In 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 municipalities shall require at least 80% of
created plantilla positions at the Municipal Agriculture offices be occupied by
licensed agriculturists. Likewise, all provinces shall require at least 50% of
plantilla positions at the offices of the Provincial Agriculturists be occupied by
registered and licensed Agriculturists.

The aforesaid agriculturist plantilla positions shall be occupied by a registered
and licensed Agriculturist as defined in this Act.

Whenever necessary, national government agencies concerned in agriculture-
related activities must also require plantilla positions for registered and
licensed agriculturists as they may deem appropriate.

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.

Employment of Agriculturists in the Private Sector. — In line with the
national government's program for sustainable agricultural 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 with the following sizes of
operation shall require at least one (1) plantilla position for a registered and
licensed agriculturist:

Farms with at least 50 hectares planted to agricultural crops,

Poultry farms with at least 5,000 chicken, or 2,000 ducks,

Livestock farms with at least 50 head of cattle/ carabao, or 50-sow units, or
100 fattening pigs; or 100 head of goats;

Delete a. b. & c. Proposed amendment to a. b. and c. “FARMS, POULTRY,
LIVESTOCK AND OTHER AGRICULTURAL PROJECTS WITH A

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Section 35.

Section 36.

Section 37.

Section 38.

Section 39.

Section 40.

Section 41.

Approved.

CAPITALIZATION OF NOT LESS THAN FIVE MILLION PESOS, PHP
5,000,000.00.

Enforcement. — In carrying out the provisions of this Act, the Board shall be
assisted by the Commission, the APO, duly constituted government agencies
and authorities and private organizations in the industry. A memorandum of
agreement between agencies or organizations may be executed.

Funds. — The funds or budget for the implementation of this Act shall be
included in the Annual Appropriation Act for the Commission, provided that
the amount incurred for its initial implementation shall be charged against the
Commission’s current year’s appropriation.

Transitory Provisions. — The incumbent Board shall in an interim capacity
continue to operate or function by carrying out the provisions of the Act
without new appointments of the Chairman and members thereof, until the
first Board created under this Act shall have been constituted or organized
pursuant thereto.

All graduates with Bachelor of Science in Agriculture degree, and other
baccalaureate programs, with at least five years work experience in agriculture
from the government or private sector prior to the implementation of this Act,
shall be allowed to apply without examination and shall be granted a
Certificate of Registration and Professional Identification Card by the Board
subject to the approval of PRC. This transitory provision will be in effect
within three (3) years from the effectivity of this Act.

Implementing Rules and Regulations. — Within ninety (90) days after the
effectivity of this Act, the Board of Agriculture, subject to approval by the
Commission, shall prescribe, promulgate, and issue a Board Resolution on the
Implementing Rules and Regulations (IRR) necessary to carry out the
provisions of this Act, after consultation with the stakeholders (APO, other
agencies, and concerned private organization in the industry).

Separability Clause. — If any provision, section, or part of this Act shall be
declared unconstitutional or invalid, such judgment shall not affect, invalidate
or impair any other provisions, sections or parts hereof, but shall be merely
confined to the provision, section, or part thereof that is directly involved in
the issue upon which such judgment has been rendered.

Repealing Clause. — Section 75 of Republic Act No. 8435 (AFMA of 1997),
PRC Res. No. 2000-663, Series of 2000 and Board Res. No. 02, Series of 2002
as amended (Board Res. Nos. 01, S. 2003; 09, S. 2005), are hereby repealed.
Laws, decrees, orders, letters of instructions, rules and regulations, or other
issuances, and parts thereof inconsistent with the provisions of this Act are
likewise accordingly repealed or modified

Effectivity. — This Act shall take effect after fifteen (15) days following the

full and complete publication thereof in the official Gazette or any newspapers
of general circulation in the Philippines.

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