An Act Strengthening, Modernizing and Aligning the Practice of Agricultural Engineering in the Country into the Internationally Recognized Practice of Agricultural and Biosystems Engineering, and for Other Purposes

Sixteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand fifteen.

REPUBLIC ACT No. 10915

An Act Strengthening, Modernizing and Aligning the Practice of Agricultural Engineering in the Country into the Internationally Recognized Practice of Agricultural and Biosystems Engineering, and for Other Purposes

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

Article I
General Provisions

Section 1. Title. - This Act shall be known as the "Philippine Agricultural and Biosystems Engineering Act of 2016".

Section 2. Statement of Policy. - It is hereby declared a policy of the State to promote, strengthen and regulate the practice of agricultural and biosystems engineering profession in the Philippines by instituting measures that will result in relevant agricultural and biosystems engineering education and enhanced roles and better career prospects for agricultural and biosystems engineers.

Likewise, the State hereby guarantees the application and delivery of agricultural and biosystems engineering services to accelerate agricultural and fishery modernization; and ensure food and water security, bio-energy development, natural resources conservation, environmental protection and human health and safety by fostering the training and development of an adequate and well-trained pool of agricultural and biosystems engineers in the country.

Section 3. Coverage of this Act. - This Act shall cover the following aspects of the practice of the profession of agricultural and biosystems engineering:

Section 4. Definition of Terms. - As used in this Act, the following terms shall mean:

Section 5. Scope of Practice of Agricultural and Biosystems Engineering. - The practice of agricultural and biosystems engineering within the meaning and intent of this Act shall embrace, but not be limited to, the following:

The Board, subject to approval of the Commission, may add to, or exclude from, this section any activity or act of professional practice, or revise it as the need arises to conform to changes and new developments brought about by the latest trends in Agricultural and Biosystems Engineering.

Article II
Professional Regulatory board of Agricultural and Biosystems Engineering

Section 6. Creation and Composition of the Board.— There is hereby created a Board to be composed of a Chairperson and two (2) members under the administrative control and supervision of the Commission. They shall be appointed by the President of the Philippines from a list of three (3) recommendees for each position which were ranked by the Commission from a list of five (5) nominees for each position submitted by the AIPO in the Philippines. The Board shall be organized not later than six (6) months from the effectivity of this Act.

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

Section 8. Term of Office. - The Chairperson and two (2) members of the Board shall hold office for a term of three (3) years from the date of their appointment and until their successors shall have been appointed and qualified. The first Board under this Act shall hold these terms of office: the Chairperson for three (3) years; the first member for two (2) years; and the second member for one (1) year; Provided, That any appointee to a vacancy with an unexpired term shall only serve such period.

The Chairperson or a member of the Board may be reappointed to their positions for another term of three (3) years immediately after the expiry of their terms: Provided, further, That the holding of such position shall not be for more than two (2) terms nor more than six (6) years, whichever is longer. The Chairperson and two (2) members of the Board shall take their oath of office prior to entering upon the performance of duty.

Section 9. Compensation and Allowances of the Board. - The Chairperson and members of the Board shall receive compensation and allowances comparable to the compensation and allowances being received by the Chairpersons and members of existing Professional Regulatory Boards under the PRC as provided for in the General Appropriations Act.

Section 10. Vacancy and Removal of Board Members. - Any vacancy occurring in the Board within the term of a member shall be filled for the unexpired portion of the term only. The President may remove the Chairperson or any member of the Board on the following grounds:

The Chairperson or member concerned shall be given due notice and hearing where his/her right to be heard and to defend himself, assisted by a counsel, shall be respected in the proper administrative investigation.

Section 11. Powers and Duties of the Board. - The Board shall exercise the following specific powers, functions and duties:

Section 12. Supervision of the Board; Custodian of its Records, Secretariat and Support Services. - The Board shall be under the administrative control and supervision of the Commission. All records of the Board, including applications for examination, examination papers and results, minutes of deliberation, administrative cases and other investigations involving agricultural and biosystems 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 13. Annual Report. - The Board shall, at the close of each calendar year, submit an annual report to the President through the Commission giving a detailed account of its proceedings and accomplishments during the year and making recommendations for the adoption of measures that will upgrade and improve the conditions affecting the practice of agricultural and biosystems engineering in the Philippines.

Article III
Examination, Registration and License

Section 14. Examination Required. - All applicants for registration for the practice of agricultural and biosystems engineering shall be required to undergo and pass the licensure examination as provided for in this Act.

Section 15. Qualification of an Applicant for Examinations. - Every applicant for the examination for agricultural and biosystems engineers shall have the following qualifications:

Section 16. Fraudulent Application. - The Board may suspend or revoke any certificate of registration obtained through misrepresentation made in the application for examination.

Section 17. Scope of Examination. - The licensure examination for agricultural and biosystems engineers shall cover the required competencies for the eptry level of the practice of agricultural and biosystems engineering and shall include the following subjects:

Section 18. Rating in the Board Examinations. - To be qualified as having passed the Board examination for agricultural and biosystems engineers, a candidate must obtain a weighted general average of seventy percent (70%), with no grades lower than fifty-five percent (55%) in any given subject. However, an examinee who obtains a weighted general average rating of seventy percent (70%) or higher, but obtains a rating below fifty-five percent (55%) in any given subject, must retake the examination in the subject or subjects where he/she obtained a grade below fifty-five percent (55%) and must obtain a grade or grades in the said subject or subjects of not lower than fifty-five percent (55%).

Section 19. Report of Ratings. - The Board shall submit to the Commission the ratings obtained by each candidate within ten (10) days after the examination, unless extended for just cause. Upon the release of the results of the examination, the Board shall send by mail the rating received by each examinee at his/her given address using the mailing envelope submitted during the examination.

Section 20. Reexamination. - An applicant who fails to pass the examination for the third time shall be allowed to take another examination only after the lapse of one (1) year and only after having undertaken a refresher program in a duly accredited institution. The Board shall issue guidelines on the refresher program requirement.

Section 21. Oath. - All successful candidates in the examination shall be required to take their oath before the Commission, the Board or any government official authorized to administer oaths, prior to entering upon the practice of the agricultural and biosystems engineering profession.

Section 22. Issuance of Certificate of Registration and Professional Identification Card -

Section 23. Refusal to Register. - The Board shall not register any successful applicant for registration with or without licensure examination who has been:

Section 24. Revocation or Suspension of the Certificate of Registration and Cancellation of Temporary/Special Permit (TSP).— The Board shall have the power, upon notice and hearing, to revoke or suspend the COR of a registered and licensed agricultural and biosystems engineer or to cancel TSP granted to a foreign agricultural and biosystems engineer, for the same grounds enumerated in Section 23 of this Act, except paragraph (c) thereof, and any of the following grounds:

Section 25. Reissuance of Revoked COR, Replacement of Lost or Damaged COR, Professional Identification Card or Temporary/Special Permit. - The Board may, upon petition, reinstate or reissue a revoked COR after two (2) years from the effectivity of the revocation, which is reckoned from the date of surrender of the said certificate and/or the professional identification card 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 reasons to resume the practice of his/her profession. For the grant of his/her petition, the Board shall issue a Board Resolution subject to approval by the Commission.

A duplicate copy of a lost COR, professional identification card or TSP may be reissued in accordance with rules thereon and upon payment of the prescribed fee therefor.

Article IV
Practice of Agricultural and Biosystems Engineering

Section 26. Vested Right.— Automatic Registration of Practicing Agricultural and Biosystems Engineers.— All agricultural engineers who are registered under Republic Act No. 8559 at the time this Act takes effect, shall automatically be registered as agricultural and biosystems engineers.

Section 27. Seal and Use of Seal -

Violation of any of the foregoing shall be ground for administrative and/or criminal action.

Section 28. Indication of License Number and Professional Tax Receipt Number. - The agricultural and biosystems engineer shall be required to indicate his/her professional license number, the duration of its validity, including the professional tax receipt number on the documents he/she signs, uses or issues in connection with the practice of his/her profession.

Section 29. Firms, Partnerships, Corporations, Cooperatives, Associations and Foundations Engaged in Agricultural and Biosystems Engineering Practice.— A firm, partnership, corporation, cooperative, association or foundation may engage in the practice of agricultural and biosystems engineering in the Philippines: Provided, That it complies with the following requirements:

Section 30. Integration of Agricultural and Biosystems Engineers. - The agricultural and biosystems engineering profession shall be integrated into one (1) national organization registered with the Securities and Exchange Commission which shall be recognized by the Board and the Commission as the one and only integrated and accredited association of agricultural and biosystems engineers. An agricultural and biosystem engineer duly registered with the Board shall automatically become a member of the integrated and accredited association of agricultural and biosystems engineers, and shall receive the benefits and privileges appurtenant thereto upon payment of the required fees and dues. Membership in the integrated and accredited association shall not be a bar to membership in other associations of agricultural and biosystems engineers.

Section 31. Foreign Reciprocity. - No foreign agricultural and biosystems engineer shall be issued a temporary license to practice the agricultural and biosystems engineering profession or consultancy thereof or be entitled to any of the rights and privileges under this Act unless the country of which he/she is a subject or citizen specifically permits Filipino agricultural and biosystems engineers to practice within its territorial limits on the same basis as the subjects or citizens of such foreign State or country.

Section 32. Temporary/Special Permits for Foreign Agricultural and Biosystems Engineers. - The practice of foreign agricultural and biosystems engineers in the Philippines shall be limited to natural persons only and shall be governed by the provisions of Republic Act No. 8981, otherwise known as the "PRC Modernization Act of 2000": Provided, That any foreign national who has gained entry in the Philippines to perform professional services as an agricultural and biosystems engineer or render such services or prepare or produce such documents which are within the scope of practice of agricultural and biosystems engineering as set forth in this Act such as, but not limited to, being a consultant in foreign-funded or assisted project of the government or employed or engaged by Filipino or foreign contractors or private firms, whether or not the nomenclature of his/her profession is specifically called in his/her country of nationality as agricultural and biosystems engineer, but who does not meet or wish to comply with the requirements for admission to take the licensure examinations shall, before assuming the duties, functions and responsibilities as agricultural and biosystems engineer or consultant, secure temporary/special permit from the Board, subject to the approval of the Commission to practice his/her profession in connection with the project to which he/she was commissioned; Provided, further, That the following conditions are satisfied;

Section 33. Positions in Government and Private Firms and Establishments with Agricultural and Biosystems Engineering Functions.— Only registered and licensed agricultural and biosystems engineers with valid PRC license shall be appointed or designated to all positions in government and private firms and establishments with agricultural and biosystems engineering functions and responsibilities, which shall include, but not be limited to, the following:

Moreover, registered and licensed agricultural and biosystems engineers may also qualify for appointment in all positions in government and private firms and establishments whose duties and functions partly constitute the practice of agricultural and biosystems engineering. This include, among others, Provincial/City/Municipal Engineer, Agriculturist, Building Official, Environment and Natural Resources Officer, and Planning and Development Officer of the LGUs, subject to the candidate’s compliance with the rest of the requirements imposed by the law or issuance creating the said positions.

Section 34. Personnel Required -

Provided, That there shall be no understaffing and/or overloading of agricultural and biosystems engineers. The ratio of agricultural and biosystems engineers to clientele shall be such as to reasonably effect a sustained quality of agricultural and biosystems engineering services at all times without overworking the agricultural and biosystems engineers.

The Board shall promulgate guidelines and standards on the required manpower complement of agricultural and biosystems engineers in concerned public and private offices and establishments.

Section 35. National Career Progression and Specialization Program. - There shall be an institutionalized national agricultural and biosystems engineering career progression and specialization program to be formulated by the Board in consultation with the AIPO, Civil Service Commission and concerned government agencies: Provided, That any agricultural and biosystems engineer before being allowed to work in specialty areas to perform beyond generalist function or have specific specialties, must finish the formal education or training towards specialization, possess recognized practice competencies and must be certified by the Board and must be a member of a relevant and accredited agricultural and biosystems specialty organization; Provided, further, That agricultural and biosystems engineering specialty organizations shall be recognized and certified by the Board.

The Agricultural and Biosystems Engineering Specialization shall include, but not limited to, the following:

Section 36. Code of Technical Standards. - The existing Philippine Agricultural Engineering Standards (PAES) shall be transformed into a Philippine Agricultural and Biosystems Engineering Standards (PABES) and shall serve as Code of Technical Standards of all registered and licensed agricultural and biosystems engineers in the practice of their profession. The Board, in collaboration with the AIPO of agricultural and biosystems engineers, the DA, the Department of Science and Technology (DOST), the DENR and other concerned government agencies and private organizations, shall develop new standards and update the existing standards under the PABES.

Article V
Agricultural and Biosystems Engineering Education
and Continuing Professional Education/Development

Section 37. Curriculum Development and Updating. - The CHED, in consultation with the Board and the industry stakeholders and concerned SUCs, shall develop and continuously update the Agricultural and Biosystems Engineering Curriculum in accordance with required competencies on the practice of the profession prescribed under this Act, in order to align with international standards of agricultural and biosystems engineering education and practice, and to become responsive to the industry requirements.

The Technical Education and Skills Development Authority (TESDA) shall likewise include in its program, the development and promulgation of competency standards and training programs and regulations for agricultural and biosystems engineering technicians and operators.

Section 38. Rationalization and Upgrading Program. - The CHED in collaboration with the Board, the DA, the DENR, the DOST, the TESDA, the concerned SUCs and the Department of Education (DepEd) and in consultation with the industry stakeholders, shall formulate and implement a rationalization and upgrading program on agricultural and biosystems engineering education in the country with the end view of upgrading and modernizing school facilities and equipment, faculty development and training, provision of scholarships, developing ladderized program on agricultural and biosystems engineering and other developmental undertakings to produce globally competitive agricultural and biosystems engineering graduates, professionals, technicians and operators.

In line with this, all concerned Higher Education Institutions (HEIs) shall formulate and implement their Agricultural and Biosystems Engineering Education Competitiveness Road Map as part of the Philippine Agricultural and Biosystems Engineering Profession Development Plan/Road Map and shall serve as one of the basis in the provision of grants from the government for the upgrading program.

Section 39. Career Guidance and Advocacy. - The Board and the Commission, in collaboration with the DOLE, the Philippine Overseas Employment Administration, the CHED, the DepEd, the DA, the DENR, the Department of Trade and Industry, the AIPO and other concerned government agencies and private organizations, shall formulate and implement a Career Guidance and Advocacy Program on Agricultural and Biosystems Engineering. The Program shall include the conduct of research studies on the supply and demand and qualifications of the agricultural and biosystems engineering profession, both local and abroad, employment promotion and entrepreneurship assistance for Filipino agricultural and biosystems engineers, and integration of the practical application of agricultural and biosystems engineering in basic education.

Section 40. Continuing Professional Development (CPD). - The Board and the Commission, in consultation with the academe, AIPO, concerned government agencies and stakeholders, shall prescribe guidelines in the implementation of the CPD programs for agricultural and biosystems engineers. The CPD for every agricultural and biosystems engineer registered under the PRC is hereby made mandatory for the practice of the profession. The CPD credit units earned by the professional shall be required in the renewal of professional license and accreditation systems for advance level of practice and for ASEAN Chartered Professional Engineers, Asia-Pacific Economic Cooperation (APEC) Engineers and other international accreditations.

The CPD credit units earned by an agricultural and biosystems engineer shall likewise be applied as the training requirement for promotion for positions in government agencies and private firms and for teaching positions in academic institutions, and shall be accumulated subject to credit transfer under the Pathways and Equivalencies of the Philippine Qualification Framework.

Article VI
Enforcement of this Act and Penal Provisions

Section 41. Enforcement. - It shall be the primary duty of the Commission and the Board to effectively implement and enforce the provisions of this Act and its implementing rules and regulations, conduct investigations on complaints including violations of the Code of Ethics and Professional Standards of the profession and prosecute the same when so warranted.

Furthermore, all duly constituted law enforcement agencies and offices of national, provincial, city or municipal government, or of any political subdivision thereof, shall, upon the call or request of the Board or the Commission, render assistance in enforcing the provisions of this Act and prosecute any person violating the provisions of the same. Any person may bring before the Commission, Board, or the aforementioned officers of the law, cases of illegal practice or violations of this Act committed by any person or party.

The Board shall assist the Commission in filing the appropriate charges through the concerned prosecution office in accordance with law and Rules of Court.

Section 42. Penalties. - In addition to the administrative sanctions imposed under this Act, any person who violates any of the provisions of this Act, or any of the following acts shall, upon conviction, be penalized by a fine of not less than one hundred thousand pesos (₱100,000.00) but not more than five hundred thousand pesos (₱500,000.00), or imprisonment of not less than six (6) months but not more than five (5) years, or both fine and imprisonment, at the discretion of the court:

In case the offender is a corporation, partnership, association, foundation or juridical person, the penalty of imprisonment shall be imposed on the agricultural and biosystems engineer-in-charge jointly and solidarity with the responsible professionals, as well as the controlling officer or officers thereof responsible for permitting or causing the violation.

Article VII
Transitory and Final Provisions

Section 43. Transitory Provision. - The incumbent Chairperson and members of the Board shall, in an interim capacity, continue to carry out their functions under the provisions of this Act without need for new appointments as Chairperson and members thereof until the first Board, created under this Act, shall have been constituted or organized pursuant thereto.

Section 44. Implementing Rules and Regulations. - Subject to the approval of the Commission, the Board shall adopt and promulgate such rules and regulations to carry out the provisions of this Act, which shall be effective after sixty (60) days following its publication in the Official Gazette or in a major daily newspaper of general circulation in the country.

Section 45. Separability Clause. - If any clause, provision, paragraph or part hereof shall be declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair any other part hereof, but such judgment shall be merely confined to the clause, provision, paragraph or part directly involved in the controversy in which such judgment has been rendered.

Section 46. Repealing Clause. - All laws, decrees, executive orders and other administrative issuances and parts thereof which are inconsistent with the provisions of this Act are hereby modified and/or superseded. Republic Act No. 8559 is hereby expressly repealed.

Section 47. Effectivity. - This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or in a major daily newspaper of general circulation in the Philippines, whichever comes first.

Approved,

FRANKLIN M. DRILON
President of the Senate

FELICIANO BELMONTE, JR.
Speaker of the House of Representatives

This Act was passed by the Senate of the Philippines as Senate Bill No. 2434 on February 16, 2016 and adopted by the House of Representatives as an amendment to House Bill No. 6421 on May 23, 2016.

OSCAR G. YABES
Secretary of the Senate

MARILYN B. BARUA-YAP
Secretary General
House of Representatives

Approved: Lapsed into law on July 21, 2016 without the signature of the President, In accordance with Article VI. Section 27 (1) of the Constitution.

BENIGNO S. AQUINO, III
President of the Philippines