An Act Regulating the Practice of the Fisheries Profession in the Philippines, Creating for the Purpose a Professional Regulatory Board of Fisheries, and Appropriating Funds Therefor

Seventeenth Congress
Third Regular Session

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

REPUBLIC ACT No. 11398

An Act Regulating the Practice of the Fisheries Profession in the Philippines, Creating for the Purpose a Professional Regulatory Board of Fisheries, and Appropriating Funds Therefor

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

ARTICLE I
TITLE, DECLARATION OF POLICY,
OBJECTIVES AND DEFINITION OF TERMS

Section 1. Short Title. -This Act shall be known as the "Philippine Fisheries Profession Act".

Section 2. Declaration of Policy.— It is hereby declared the policy of the State to provide priority attention and support to professionalize the practice of the fisheries profession in the Philippines, which will be beneficial to sustain the food security and economic development of the country, and to upgrade the standards of fisheries education. These policies are provided for in Republic Act No. 8550, otherwise known as the "Fisheries Code of 1998" and Republic Act No. 8435, otherwise known as the "Agriculture and Fisheries Modernization Act of 1997".

Pursuant to this national policy, the government shall: (1) provide a program to set up an appropriate and healthy environment for the practice of the fisheries profession; and (2) establish quality standards for fisheries professionals that will guide fisheries schools/fisheries colleges, through the Commission on Higher Education (CHED), for the development of curricular programs that will attain the high standards of the profession.

Section 3. Definition of Terms.— As used in this Act:

Section 4. Scope and Practice of the Fisheries Profession.— The scope and practice of the fisheries profession is the application of the fundamental and known principles of fisheries to the peculiar conditions and requirements of fisheries as an industry and as a field of science and shall include the following:

Scientists and professionals in closely related fields to fisheries and in support of multidisciplinary fisheries activities such as economics, social science, engineering, marine biology, oceanography/limnology and others who may immerse themselves in fisheries activities that do not require technical knowledge in fisheries, are exempted from the licensure requirements for fisheries professionals.

ARTICLE II
PROFESSIONAL REGULATORY BOARD OF FISHERIES

Section 5. Creation and Composition of the Professional Regulatory Board of Fisheries.— Within ninety (90) days after the effectivity of this Act, there shall be created the Professional Regulatory Board of Fisheries, hereinafter referred to as the Board, under the administrative supervision and control of the Professional Regulation Commission (PRC), hereinafter referred to as the Commission. The Board shall be composed of a Chairperson and four (4) members. Preferably, each member shall represent one of the four (4) fields of specialization listed in Section 14, Article III, hereof, to be appointed by the President of the Philippines from a list of three (3) recommendees of the Commission chosen from a list of four (4) nominees for each position submitted by the Accredited Integrated Professional Organization of Fisheries Professionals: Provided, That a member representing a field of specialization has at least a bachelor’s degree in that particular field of specialization.

The Chairperson and the four (4) members of the Board must be registered professionals and issued with certificates of registration and professional identification cards at the time of their appointment.

Section 6. Qualifications of the Members of the Board.— The Chairperson and members of the Board shall, at the time of their appointment, possess the following qualifications:

Section 7. Term of Office.— The Chairperson and Members of the Board shall hold office for a term of three (3) years or until their successors shall have been qualified and appointed. They may, however, be appointed for a second term. Any vacancy in the Board shall be filled for the unexpired portion of the term only. Each member shall take an oath of office prior to the assumption of duties.

The incumbent Chairperson and members shall continue to serve until their replacements shall have been appointed and qualified.

Section 8. Powers and Functions of the Board.— The Board shall have the authority to:

Except on matters which are ministerial in nature, all policies and functions of the Board embodied in resolutions as well as rules and regulations issued by the Board shall be subject to the review and approval of the Commission.

Section 9. Compensation and Allowance of the Chairperson and Members of the Board.— The Chairperson and members of the Board shall receive compensation and allowances comparable to the compensation and allowances received by the Chairperson and members of other Professional Regulatory Boards.

Section 10. Removal and Suspension of the Chairperson and Members of the Board.— The President may, upon recommendation of the Commission, remove any member of the Board for any of the following causes:

The right of the respondent to due process and be assisted by counsel in an investigation shall be respected and upheld. The President may, also upon recommendation of the Commission, preventively suspend a member under administrative investigation.

Section 11. Supervision of the Board, Custody of its Records, Secretariat and Support Services.— The Board shall be under the general supervision and administrative control of the Commission. All records of the Board including applications for examination, examination papers and results, minutes of deliberation, administrative cases and other investigations involving examinees and fisheries technologists shall be kept and subject to the disposition of the Commission.

The Commission shall provide secretariat and support services to the Board for the efficient and effective implementation of the provisions of this Act.

Section 12. Annual Report.— The Board shall, at the close of each calendar year, submit an annual report to the Commission, of its proceedings and accomplishments during the year and make recommendations for the adoption of measures that will upgrade the conditions affecting the practice of the fisheries profession in the Philippines.

ARTICLE III
EXAMINATION AND REGISTRATION

Section 13. Licensure Examination.— All applicants for registration for the practice of the fisheries profession shall be required to undergo and pass a written examination as provided in this Act except those who qualify for registration under Section 25 of this Act. The licensure examination for fisheries professionals shall be given by the Board at least once a year in such places and dates the Commission may designate in accordance with the provisions of Republic Act No. 8981.

Section 14. Scope of Examination.— The examination for fisheries professionals shall basically cover the following fields:

The Board may also re-cluster, rearrange, modify, add, or exclude any of the foregoing subjects as the need arises and may recommend to the CHED changes in said subjects to conform to modern and advanced technologies in the fisheries profession.

Section 15. Qualifications of Applicants for Examination.— In order to be admitted in the licensure examination, it must be established to the satisfaction of the Board that at the time of filing of application, the applicant is:

Section 16. Fraudulent Application. -The Board may suspend or revoke a certificate of registration and professional identification card already issued, if a registrant has been proven or found to have made misrepresentations in one’s application for examination.

Section 17. Rating in the Board Examination. -To pass the licensure examination for fisheries professionals, a candidate must obtain a weighted general average rating of at least seventy-five percent (75%) and with no grade lower than sixty percent (60%) in any given subject. However, if an examinee obtained a general weighted average rating of seventy-five percent (75%) or higher but obtained a rating below sixty percent (60%) in any given subject, the examinee shall be allowed to take the examination in the subject where a grade below sixty percent (60%) was obtained.

Section 18. Report of Ratings.— The Board shall submit to the Commission the rating obtained by each examinee in the licensure examination within a period of ten (10) calendar days after the examination in the last subject unless extended by the Commission for just and valid cause.

Section 19. Report on the Performance of Examinees in Licensure Examination.— The Board, through the Commission, may recommend to the CHED the following:

Section 20. Issuance of Certificate of Registration and Professional Identification Card.— A certificate of registration shall be issued to examinees who passed the licensure examination for fisheries professionals, as well as to a person that qualified to register as a fisheries professional without examination, subject to the payment of fees prescribed by the Commission. The certificate of registration, which indicates that the person named therein is entitled to practice as a fisheries professional with all the benefits and privileges pertaining thereto, shall bear the signature of the Chairperson of the Commission and the Chairperson and members of the Board, and the seal of the Commission and the Board: Provided, That one shall be allowed to practice the profession without the need of securing another license from any government agency. The certificate of registration shall remain in full force and effect until revoked or suspended in accordance with this Act. A professional identification card, bearing the registration numbers and date of issuance, shall be renewed every three (3) years and upon compliance with the requirements of the Board and the provisions of Republic Act No. 10912, otherwise known as "Continuing Professional Development Act of 2010".

Section 21. Non-issuance of Certificate of Registration and. Professional Identification Card.— The Board shall not register and issue a certificate of registration to any successful examinee that has been convicted by a court of competent jurisdiction of any criminal offense involving moral turpitude, or has been found guilty of immoral or dishonorable conduct after investigation by the Board, or has been declared to be of unsound mind. The reason for the refusal shall be set forth in writing.

Section 22. Revocation or Suspension of the Certificate of Registration, Professional Identification Card or Cancellation of Special Temporary Permit. -The Board may, after giving proper notice of hearing to the party concerned, revoke the certificate of registration and professional identification card of a fisheries professional or suspend a person from the practice of the profession or cancel the special temporary permit of a foreign national for unprofessional or unethical conduct, malpractice, negligence, incompetence, or violation of any of the provisions of this Act, its IRR, Code of Ethics and Standards of Practice for Fisheries Professionals, and Code of Good Governance.

Section 23. Reinstatement, Re-issuance, or Replacement of Certificate of Registration and Professional Identification Card. -The Board may, after two (2) years from the date of revocation of certificate of registration, reinstate any revoked certificate of registration and reissue a Professional Identification Card: Provided, That the cause of disqualification or revocation has already ceased to exist.

A suspended certificate of registration and professional identification card may be reinstated: Provided, That the suspended fisheries professional has established fitness to practice anew. The Board shall issue a resolution to effect such reinstatement.

Section 24. Continuing Professional Development.— All fisheries professionals shall abide by the requirements, rules, and regulations as provided in Republic Act No. 10912 to be promulgated by the PRC Regulatory Board, subject to the approval of the Commission, in coordination with the AIPO for the fisheries profession and the representative of duly accredited educational institutions. For this purpose, the Board may create a CPD Council to implement the CPD program subject to the guidelines as may be issued by the Board.

Section 25. Registration of Fisheries Professionals Without Examination.— Upon approval of the application and payment of the prescribed fees, certificate of registration and professional identification card shall be issued to the applicant for registration without examination who can prove to the satisfaction of the Board that items a, b, or c below has been met:

The applicants are given one (1) year after the approval and publication of the IRR of this Act to register as fisheries professionals without examination.

Section 26. Roster of Fisheries Professionals.— The Board, in coordination with the AIPO, shall prepare, update, and maintain a Roster of Fisheries Professionals. The roster shall contain the names of fisheries professionals, their residence and office addresses, dates of registration or issuance of certificate, and other data which the Board may deem relevant.

The roster shall be open to the public, copies of which shall be made available to any party subject to the guidelines which may be prescribed by the Commission.

Section 27. Issuance of Special Temporary Permit.— Upon application and payment of the required fees and subject to the approval of the Commission, the Board may issue special temporary permits to fisheries professionals from foreign countries whose services are urgently needed in the absence of inadequacy of local fisheries professionals for the purpose of promoting or enhancing the practice of the fisheries profession in the Philippines.

Section 28. Foreign Reciprocity.— No foreign fisheries professional shall be given a certificate of registration and professional identification card, or be entitled to any of the privileges under this Act unless the country of which the foreign fisheries professional is a subject or citizen specifically permits Filipino fisheries professionals to practice within its territorial limits on the same basis as the subjects or citizens of the foreign country or state.

Section 29. Seal and Use of Seal.— Every fisheries professional shall obtain a seal of such design as the Board shall adopt and approve, which shall be impressed upon all documents, records, papers, and instruments prepared by or under the direct supervision of or issued by a registered fisheries professional only during the period of the validity of one’s professional identification card.

Section 30. Indication of Number, Certificate of Registration, Professional Tax Receipt, and AIPO Membership Official Receipt. -Every registered fisheries professional shall be required to indicate the number of one’s certificate of registration, professional identification card, the date of issuance and expiration of said cards including the number of professional tax receipt, its date and place of issue, and AIPO Membership Official Receipt Number on any and all documents that the fisheries professional signs, uses or issues in connection with the practice of the fisheries profession.

ARTICLE IV
PRACTICE OF THE FISHERIES
PROFESSION

Section 31. Oath of Profession of Fisheries Professionals.— All successful examinees and those qualified for registration without examination shall be required to take an oath of profession before any member of the Board or any officer of the Commission authorized by it, or any person authorized by law to administer oaths prior to entering into the practice of the fisheries profession.

Section 32. Acts Constituting the Practice of the Fisheries Profession.— Any single act or transaction embraced within the provision of Section 4 hereof shall constitute an act of engaging in the practice of the fisheries profession.

Section 33. Prohibition Against the Unauthorized Practice of the Fisheries Profession.— No person shall practice the fisheries profession in the Philippines or offer oneself as fisheries professional, or use the title, word, letter, figure or any sign tending to convey the impression that one is a fisheries professional, or advertise or indicate in any manner whatsoever that one is qualified to practice the profession, unless the person has satisfactorily passed the Board licensure examination for fisheries professionals, or registered as a fisheries professional without examination, except as otherwise provided in this Act, and is a holder of a valid Certificate of Registration and a Professional Identification Card or a valid special temporary permit duly issued by the Board and the Commission.

Section 34. Prohibition Against Corporate Practice.— The practice of fisheries professionals is a professional service, admission to which shall be determined upon basis of individual and personal qualification. No firm, company, or association may be registered or licensed as such for the practice of the fisheries profession.

Section 35. Prohibition Against Hiring Unlicensed Fisheries Professionals.— Government agencies, educational institutions, private corporations or companies, and entrepreneurs in fisheries are prohibited from hiring unlicensed fisheries professionals whose work is defined in Section 4 of this Act.

Section 36. Integration of All Fisheries Professionals.— The fisheries profession shall be integrated into one (1) national professional organization of fisheries professionals which shall be duly registered with the Securities and Exchange Commission (SEC). The Board, subject to approval by the Commission, shall accredit the said organization as the one and only AIPO of registered fisheries professionals. All fisheries professionals whose names appear in the Registry Book of Fisheries Professionals shall ipso facto or automatically become members thereof and shall receive all the benefits and privileges appurtenant thereto upon payment of AIPO membership fees and dues.

Membership in the AIPO shall not be a bar to membership in other organizations of the fisheries profession.

Section 37. Code of Ethics and Standards of Practice for Fisheries Professionals.— The Board shall prescribe, adopt, and promulgate the Code of Ethics and Standards of Practice for Fisheries Professionals which shall be issued by the AIPO of fisheries professionals.

Section 38. Vested Rights: Automatic Registration of Fisheries Professionals.— All fisheries technologists who are registered and licensed under Resolution 01, series of 2002 of the Board of Fisheries, PRC, entitled "Rules and Regulations Implementing PRC Resolution No. 2000-664, As Amended", Creation of the Board of Fisheries as mandated by Section 115 of Republic Act No. 8550, otherwise known as the Fisheries Code of 1998 at the time this Act takes effect shall automatically be registered as fisheries professionals.

CHAPTER V
PENAL AND FINAL PROVISIONS

Section 39. Penal Provisions.— Any violation of this Act, including the violations of its IRR, shall be meted the penalty of a fine of not less than Fifty thousand pesos (₱50,000.00) nor more than Five hundred thousand pesos (₱500,000.00), or imprisonment of not less than six (6) months, or both, upon the discretion of the court.

Section 40. Appropriations.— The Chairperson of the 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.

Section 41. Transitory Provision.— The existing Professional Board of Fisheries shall continue to function in the interim without another appointment until such time that the new Board shall have been constituted pursuant to this Act.

Section 42. Implementing Rules and Regulations (IRR). -Within sixty (60) days from effectivity of this Act, the Board shall, subject to the approval of the Commission, adopt, promulgate and issue the IRR, in coordination with the AIPO and other fisheries institutions, to implement or carry out its provisions.

Section 43. Separability Clause. -If any clause, sentence, paragraph, or part of this Act shall be declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair any other part of this Act.

Section 44. Repealing Clause. -Section 115 of Republic Act No. 8550 and Section 75 of Republic Act No. 8435 and PRC Resolution No. 2000-664, series of 2000 are hereby repealed. All other laws, decrees, executive orders, and other administrative issuances and parts thereof which are inconsistent with the provisions of this Act are hereby modified, superseded or repealed accordingly.

Section 45. Effectivity.— This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

Approved,

(Sgd) VICENTE C. SOTTO III
President of the Senate

(Sgd) GLORIA MACAPAGAL-ARROYO
Speaker of the House of Representatives

This Act was passed by the House of Representatives as House Bill No. 8844 on January 28, 2019 and adopted by the Senate of the Philippines as an amendment to Senate Bill No. 1641 on May 20, 2019.

(Sgd) MYRA MARIE D. VILLARICA
Secretary of the Senate

(Sgd) DANTE ROBERTO P. MALING
Acting Secretary General
House of Representatives

(Sgd) RODRIGO ROA DUTERTE
President of the Philippines

Approved: August 22, 2019.