Forestry Profession Act

Case Overview and Summary

Summary of the Forestry Profession Act

Title and Policy
- The Act shall be known as "The Forestry Profession Act".
- It recognizes the importance of professional foresters in nation building and development. (Section 1-2)

Objectives
- Govern the examination, registration, and licensure of professional foresters. (Section 3a)
- Supervise, control, and regulate the practice of forestry in the Philippines. (Section 3b)
- Develop and upgrade the curriculum. (Section 3c)
- Develop the professional competence of foresters through mandatory Continuing Professional Development (CPD). (Section 3d)
- Integrate the forestry profession. (Section 3e)

Definitions
- Accredited Professional Organization (APO): The organization integrating all associations, federations, and groups of licensed foresters accredited by the Professional Regulatory Board for Foresters. (Section 4a)
- Forestry: The art, science, practice, and business of sustainable management of forest and forestland resources. (Section 4b)
- Professional forester: A registered and licensed natural person who holds a valid certificate of registration and a valid professional identification card issued by the Professional Regulatory Board for Foresters and the PRC. (Section 4c)

Scope of Practice of Forestry
- The practice of forestry shall include various activities related to forest management, planning, implementation, research, development, training, extension, and consultancy. (Section 5)

Creation of the Professional Regulatory Board for Foresters
- A collegial body under the administrative supervision and control of the PRC, composed of a Chairperson and two members appointed by the President of the Philippines. (Section 6)
- Qualifications of members: Filipino citizen, good moral character, holder of a Bachelor's Degree in Forestry, registered forester with at least 10 years of practice, member in good standing of the APO, and not affiliated with any forestry school or review center. (Section 7)
- Term of office: 3 years, renewable for another term. (Section 8)
- Compensation and allowances comparable to other professional regulatory boards. (Section 9)
- Powers, functions, duties, and responsibilities: regulate the practice of forestry, adopt codes of ethics and technical standards, prescribe guidelines for CPD and syllabi for licensure examination, issue permits, evaluate applications, prepare and administer licensure examination, register qualified persons, investigate and decide cases, and issue rules and regulations. (Section 10)
- Grounds for removal or suspension of Board members: gross neglect, incompetence, dishonesty, violation of laws, and manipulation of examination results. (Section 11)

Examination, Registration, Certification, and Licensure
- Licensure examination requirement, except as specifically allowed under the Act. (Section 13)
- Qualifications of applicants: Philippine citizenship (or reciprocity agreement), good moral character, Bachelor's degree in Forestry or related field, and no conviction of an offense involving moral turpitude. (Section 14)
- Subjects for licensure examination: Forest Ecosystem, Forest Policy and Governance, Forest Engineering and Utilization, and Forest Resource Management. (Section 15)
- Passing rating: 75% general or weighted average. (Section 16)
- Successful candidates shall take an oath of profession. (Section 18)
- Issuance of certificate of registration and professional identification card. (Section 19)
- Grounds for refusal to register: conviction of an offense involving moral turpitude, guilty of immoral or dishonorable conduct, violation of general instructions to examinees, and declared of unsound mind. (Section 20)
- Grounds for revocation or suspension of certificate of registration or cancellation of temporary/special permit: violation of the Act, its IRR, codes, policies, fraud in obtaining registration, gross incompetence, negligence, or ignorance resulting in death, injury or damage, refusal to join or remain a member of the APO, non-payment of fees for 3 consecutive years, aiding illegal practice, practicing during suspension, addiction or unsound mind, and non-compliance with CPD. (Section 21)
- Reissuance of revoked certificate of registration after 2 years, subject to petition and approval. (Section 22)
- Suspension for non-payment of annual registration fees for 3 consecutive years. (Section 23)
- Automatic registration of foresters registered at the time of effectivity of the Act. (Section 24)

Practice of Forestry
- Lawful practitioners: registered foresters, holders of temporary/special permits, single proprietorships, partnerships, corporations, and associations duly registered with the Board and PRC. (Section 25)
- Issuance and use of seal with registration number. (Section 26)
- Foreign reciprocity: foreigners allowed to practice forestry in the Philippines if their country's requirements are substantially the same and allow Philippine citizens to practice forestry on the same basis. (Section 27)
- Issuance of temporary/special permit to foreign registered foresters or experts for urgent and necessary services, or as exchange professors, valid for not more than 1 year and renewable. (Section 28)
- Integration of all registered foresters and their organizations into one national accredited organization. (Section 29)
- Roster of registered foresters to be maintained and updated annually. (Section 30)
- Indication of registration number, professional tax receipt, and APO membership on documents. (Section 31)
- Mandatory continuing education on forestry, with rules to be issued within 6 months. (Section 32)
- Posting of certificate of registration, professional identification card, or temporary/special permit in a conspicuous place. (Section 34)
- Positions involving the practice of forestry shall be occupied by registered foresters. (Section 34)

Penal and General Provisions
- Penal clause: perpetual disqualification from practicing forestry for various offenses, including practicing without registration, using another's seal or registration, abetting illegal practice, securing registration through fraud, impersonation, and violating the Act or IRR. (Section 35)
- The Act shall not affect the practice of other legally recognized professions. (Section 36)
- Enforcement by the Board, PRC, APO, government agencies, and private organizations. (Section 37)
- Funding provisions to be included in the annual General Appropriations Act. (Section 38)
- Transitory provision: incumbent Board to continue operating until the new Board is constituted. (Section 39)
- Implementing Rules and Regulations to be prescribed, promulgated, and issued by the Board within 90 days from the effectivity of the Act. (Section 40)
- Separability clause. (Section 41)
- Repealing clause: Republic Act No. 6239 and other inconsistent laws, decrees, orders, and issuances are repealed or modified. (Section 42)
- Effectivity: 15 days after publication in the Official Gazette or a newspaper of general circulation. (Section 43)