PHILIPPINE LAWS, STATUTES, CODES & ISSUANCES
PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW LIBRARY
REPUBLIC ACTS
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REPUBLIC ACT NO. 3927 - AN ACT TO
REGULATE THE PRACTICE OF AGRICULTURAL ENGINEERING IN THE PHILIPPINES
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| Section 1. Title of Act.
� This Act shall be known as the "Philippine
Agricultural Engineering
Law." Sec. 2. Definitions of terms. � (a) Agricultural Engineering as a profession consists in the application of the fundamental and known principles of mechanical, civil and electrical engineering to the peculiar conditions and requirements of agriculture as an industry and as a field of science. The practice of agricultural engineering shall embrace the following activities: (1) farm power and machinery, (2) farm buildings and structures, (3) farm electrification and farm processing, (4) soil and water conservation which includes farm irrigation and drainage, land clearing, flood control, soil erosion control and related problems, and (5) education and research. (b) Agricultural Engineer is a graduate of agricultural engineering course from a school, institution, college or university duly recognized by the government. (c) Registered professional agricultural engineer shall mean a person duly registered with the Board of Examiners for Agricultural Engineers in the manner herein provided. Sec. 3. Creation and Composition of the Board. � Within thirty days after the approval of this Act, there shall be created a Board of Examiners for Agricultural Engineers, herein referred to as the Board, to be composed of a Chairman and two members, who shall be appointed by the President of the Philippines with the consent of the Commission on Appointments. The members of the Board shall hold office for a term of three years and until their successors shall been appointed and shall have qualified. Each member of the Board shall qualify by taking the proper oath of office before entering upon the performance of his duties. Any member of the Board may be removed by the President of the Philippines for neglect of duty, incompetence, malpractice, unprofessional, unethical, immoral or dishonorable conduct, after having been given opportunity to defend himself in a proper administrative investigation: Provided, That the President of the Philippines may suspend such member under investigation and appoint a temporary member in his place. Temporary vacancies in the Board shall filled for the unexpired term only. Sec. 4. Functions and duties of the Board. � The Board of Examiners for Agricultural Engineers is vested with authority, conformable with the provisions of this Act, to administer oaths; issue, suspend and revoke certificates of registration for the practice of agricultural engineering; issue certificates of recognition to agricultural engineers, already registered under this Act, for advanced studies, research, and/or specialized training in any division of agricultural engineering, subject to the approval of the President of the Philippines; prescribe the curriculum for the academic course leading to degrees in agricultural engineering, subject to the policies of the Board of National Education, and to investigate such violations of this Act and the regulations issued thereunder as may come to the knowledge of the Board and, for this purpose issue subpoena and subpoena duces tecum to secure the appearance of witnesses and production of documents in any investigation conducted by the Board. All subpoena and other communications shall be issued under the signature of the Chairman and seal of the Board. If any person shall refuse to obey any subpoena so issued or shall refuse to testify or produce any document or other pertinent evidence, the Board shall present its petition to the Court of First Instance setting forth the facts and thereupon the Court shall, in a proper case, issue its subpoena to such person requiring his appearance before such Court and there to testify or produce such documents or other pertinent evidence as may be deemed necessary by the Board. Any person failing or refusing to obey the subpoena or order of the court may be prosecuted in the same manner as for refusal to obey any other subpoena or order of the Court. Sec. 5. Rules and regulations. � The Board shall, with the advise of the Commissioner of Civil Service and subject to the approval of the President of the Philippines, adopt such rules and regulations as may be necessary to carry out the provisions of this Act. Penal provisions may be included in said rules and regulations, the violations of which shall be punishable by a fine of not more than five hundred pesos, or imprisonment for not more than six months, or both. Sec. 6. Qualifications of Board Examiners. � Each member of the Board shall, at the time of his appointment �
(a)
Be a citizen of the Philippines and a resident
thereof;
(b) Be at least thirty years of age and of good moral character; (c) Be a graduate of agricultural engineering or agriculture with a major in agricultural engineering from a recognized and legally constituted school, institute, college or university; (d) Be a registered agricultural engineer duly authorized to practice agricultural engineering in the Philippines: Provided, That this qualification shall not be required of the first appointees to the Board; (e) Have practiced agricultural engineering for a period of not less than five years prior to his appointment; and (f) Not a member of the faculty of any school, institute, college or university where agricultural engineering course is taught, nor have a pecuniary interest in such institutions. No former members of the faculty of any school, institute, college or university where agricultural engineering course is taught can become a member of the Board unless he stopped teaching for at least two consecutive years prior to his appointment. Sec. 7. Compensation of Board Members. � The members of the Board shall each receive as compensation the sum of twenty-five pesos for each person examined, or registered as agricultural engineer without examination. Any person in the service of the Government of the Philippines appointed as member of the Board shall receive the compensation herein provided in addition to his regular salary. Sec. 8. Executive Officer of the Board. � The Commissioner of Civil Service shall be the Executive Officer of the Board and shall conduct the examinations given by it according to the rules and regulations promulgated in accordance with Section ten of Act Numbered Four thousand seven, as amended. All records of the Board, including examination papers, minutes of deliberations and records of administrative proceedings and investigations, shall be kept by the Bureau of Civil Service. Sec. 9. Annual report. � The Board shall submit an annual report to the President of the Philippines after the close of each fiscal year, giving a detailed account of its proceedings during the year and making such recommendations as it may deem proper. Sec. 10. Exemption from registration. � Registration for practice as agricultural engineers shall not be required of the following:
(a)
Agricultural engineers from other countries
called in consultation only and exclusively in specific cases, and
those who are attached to international bodies and organizations and
assigned to perform certain definite work in the Philippines, provided
that do not engage in private practice on their own account as
agricultural engineers in the Philippines;
(b) Agricultural engineers attached to the Armed Forces of the United States stationed in the Philippines while rendering services as such only for the said armed forces and within the limits of their territorial jurisdiction; and (c) Foreign agricultural engineers employed as exchange professors or instructors in recognized local schools, institutes, colleges or universities where a regular course in agricultural engineering is taught. Sec. 11. Examination required. � Except as otherwise expressly provided, all applicants for registration for the practice of agricultural engineering shall be required to pass a technical examination as provided for in this Act. Sec. 12. Qualification of applicant for examination. � A person applying for admission to the agricultural engineering examination as herein provided shall, prior to the date of the examinations, establish to the satisfaction of the Board that he is:
(a)
at least twenty-one years of age;
(b) a citizen of the Philippines; (c) of good moral character and reputation; and (d) a graduate of an agricultural engineering course from a school, institute, college or university duly recognized by the Government. Sec. 13. Holding of examinations. � Examinations for the practice of agricultural engineering in the Philippines shall be given in the City of Manila beginning on the second Monday of February and of August of each year for four consecutive days: Provided, That when such days fall on official holidays, the examination shall be held on the day next following. Sec. 14. Scope of examination. � The examination for the practice of agricultural engineering in the Philippines shall embrace the following subjects with their corresponding weights by percentages:
(a)
Farm mechanization, farm power, farm machinery and equipment
20%
(b) Soil and water conservation, farm irrigation and drainage 20% (c) Rural electrification, farm processing and farm structures 20% (d) Mathematics (algebra, plane trigonometry, analytics and calculus) 10% (e) Agronomy and animal husbandry 10% (f) Farm economics and farm management 10% (g) Agricultural marketing and farm statistics 10% Sec. 15. Report of ratings. � The Board shall, within one hundred twenty days after the completion of the examination, report the ratings obtained by each candidate to the Commissioner of Civil Service, who shall, with his recommendations, submit such ratings to the President of the Philippines for his approval. Sec. 16. Registration without examination. � Certificates of registration as agricultural engineers may be issued without examination to applicants of good reputation and moral character who shall file their application within one year from the approval of this Act and who are:
(a)
at least thirty years of age on the date of
approval of this Act, are holders of the degree of Bachelor of Science
in Agricultural Engineering conferred by a school, institute, college
or university duly recognized by the Government, and had practised
agricultural engineering for a period of not less than six years prior
to such date;
(b) at least thirty-five years of age on the date of approval of this Act, are holders of the degree of Bachelor of Science in Agriculture with major in agricultural engineering from a school, institute, college or university duly recognized by the Government and had practised agricultural engineering for a period of not less than six years prior to such date; (c) at least thirty five years of age on the date of the approval of this Act, are holders of the degree of Bachelor of Science in Agricultural Engineering or Bachelor of Science in Agriculture with major in agricultural engineering from a school, institute, college or university duly recognized by the Government, and had passed government examination in agricultural engineering or mechanized farming for specialized and advanced studies abroad within the fields of agricultural engineering before the approval of this Act; and (d) at least thirty years of age on the date of the approval of this Act and are holders of a certificate of membership of a duly recognized agricultural engineering society in foreign country like the American Society of Agricultural Engineers and the Institution of Agricultural Engineers of the United States of America and the United Kingdom, respectively: Provided, That such certificate was granted upon compliance with the requirements similar to those prescribed in this Act and that the same privilege is granted to citizens of the Philippines desiring to practice agricultural engineering in said foreign country. Sec. 17. Issuance of certificate. � The Board shall, upon payment of the corresponding fee, issue a certificate of registration to any applicant who passed the examination provided for in this Act, or who, in the opinion of the Board, possesses the qualifications prescribed in the preceding section. Every certificate of registration shall show the full name of the registrant or holder, shall have serial number, shall be signed by the chairman of the Board and attested by its Secretary, and shall be authenticated by its official seal. Sec. 18. Oath taking. � All persons issued certificate of registration under this Act shall be required to take an oath before the Board or before any person authorized to administer oaths prior to engaging in the practice of agricultural engineering. Sec. 19. Seal and use of seal. � All agricultural engineers shall obtain seal of such design as the Board shall authorize and direct: Provided: 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, or under the first supervision of, a registered agricultural engineer shall be stamped with said seal during the effectivity of the registrant's certificate, and it shall be unlawful for anyone to stamp or seal any document after the certificate of the registrant's name thereon has expired, or has been revoked, unless said certificate shall have been renewed or re-issued. Sec. 20. Refusal to issue certificate. � The Board shall refuse to issue certificate of registration to any person convicted by a court of competent jurisdiction of any offense involving moral turpitude, or to any person guilty of immoral or dishonorable conduct, or to any person of unsound mind, giving the applicant a written statement shall be incorporated in the records of the Board. Sec. 21. Grounds for reprimand, suspension or revocation of registration certificate. � Any of the following shall be sufficient ground for reprimanding a registrant under this Act or for suspending or revoking his certificate of registration:
(a)
Conviction by a court of competent jurisdiction
of any criminal offense involving moral turpitude;
(b) Immoral or dishonorable conduct; (c) Insanity; (d) Fraud or deceit in the acquisition of certificate of registration; (e) Gross negligence, ignorance or incompetence in the practice of his profession; (f) Addition to alcoholic beverages or to any habit-forming drug rendering him incompetent to practice his profession; (g) False or extravagant or unethical advertisement wherein matters or circumstances other than his name, profession, limitation of practice, office hours, office and home address, are mentioned; (h) Issuing any statement or spreading any news which is derogatory to the character and reputation of another registrant under this Act without justifiable cause; (i) Aiding or acting as a dummy of unqualified or unregistered person to practice agricultural engineering; and (j) Violation of any provision of this Act or of the rules and regulations issued thereunder. The Board may, motu proprio, or upon complaint under oath, investigate or take cognizance of acts and practices constituting sufficient cause for reprimand of any registrant or the suspension or revocation of his certificate of registration. Sec. 22. Rights of respondent. � The respondent shall be entitled to be represented by counsel or be heard by himself, to have speedy and public hearing, and to confront and to cross examine witnesses against him. Sec. 23. Appeal from judgment. � The decision of the Board shall automatically become final thirty days after the date of its promulgation unless the respondent, during the same period, appeals to the Office of the President. If the final decision is not satisfactory, the respondent may ask for a review of the case, or may file in court a petition for certiorari. Sec. 24. Reinstatement, reissue or replacement of lost certificate. � The Board shall have the power, for reasons deemed proper and sufficient, to reinstate any suspended certificate of registration of issue another certificate in lieu of one previously revoked, and in so doing, it may, in its discretion, exempt the applicant from taking another examination. A new certificate to replace any certificate lost, destroyed or mutilated may be issued subject to the rules of the Board. Sec. 25. Fees. � Every applicant for examination under this Act shall pay an examination fee of seventy-five pesos, and upon passing the examination, a registration fee of twenty-five pesos. Those who shall be registered without prior examination shall pay a fee of seventy-five pesos. For the issuance of a new certificate in lieu of one which has been lost, destroyed or mutilated, a fee of five pesos shall be charged. All such fees shall be paid to the disbursing officer of the Bureau of Civil Service, and such officer shall pay from the receipts thereof all the authorized expense of the Board, including the compensation of its members: Provided, That one-half of the examination fee shall be refunded to the applicant if his application is disapproved. Sec. 26. Foreign reciprocity. � Notwithstanding the requirement of Section twelve hereof, that the applicant for examination for the practice of agricultural engineering must be a Filipino citizen, any foreigner who meets other requirements of this Act may be admitted to such examination if he proves to the satisfaction of the Board, that by specific provision of law, the country of which he is a citizen, either admits Filipino citizens to the practice of agricultural engineering without restriction or allows them to practice agricultural engineering after passing an examination on terms of strict and absolute equality with citizens, subjects, or nationals of said country, including the unconditional recognition of prerequisite degrees granted by institutions of learning duly recognized by the Government of the Philippines. Sec. 27. Roster of agricultural engineers. � A roster of agricultural engineers shall be prepared by the Secretary of the Board commencing one year after the approval of this Act. Said roster shall contain the name and address of each registered agricultural engineer, the date of registration and such other data as in the opinion of the Board may appear pertinent. Sec. 28. Penal provisions. � The following shall be punished by a fine of not less than five hundred pesos nor more than three thousand pesos, or imprisonment for not less than one month nor more than two years, or both.
(a)
Any person who, not exempt from registration
under this Act, shall engage in the practice of agricultural
engineering or represent himself as an agricultural engineer without
holding a valid certificate of registration issued to him in accordance
with this Act.
(b) Any person shall present or use as his own the certificate of registration issued to another person under this Act. (c) Any person who shall give any false or forged evidence to any member thereof for the purpose of obtaining a certificate of registration under this Act. (d) Any person who shall use a revoked or suspended certificate of registration. (e) Any person, who without a valid certificate of registration issued under this Act, shall assume, use or advertise in connection with his name any title or description tending to convey the impression that he is an agricultural engineer registered under this Act. Sec. 29. Separability clause. � If any provision of this Act or the application of such provision to any person or circumstances is declared invalid, the reminder of the Act or the application of such provisions to other persons or circumstances shall not be affected by such declaration. Sec. 30. Repealing clause. � All laws or parts thereof inconsistent with the provisions of this Act are hereby repealed. Sec. 31. Effectivity. � This Act shall take effect upon its approval. Approved: June 18, 1964 |
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Since 19.07.98
