Philippine Agricultural and Biosystems Engineering Act of 2016

Case Overview and Summary

Summary of the Philippine Agricultural and Biosystems Engineering Act of 2016

Title and Policy Statement (Sections 1-2)
- The Act shall be known as the "Philippine Agricultural and Biosystems Engineering Act of 2016".
- It aims to promote, strengthen, and regulate the agricultural and biosystems engineering profession in the Philippines.

Coverage and Definition of Terms (Sections 3-4)
- Covers examination, registration, licensure, supervision, curriculum development, professional development, and integration of agricultural and biosystems engineers.
- Defines key terms such as "agricultural and biosystems engineering", "agricultural and biosystems engineer", and various specialized areas.

Scope of Practice (Section 5)
- Outlines the scope of practice for agricultural and biosystems engineers, including:
  - Preparation of engineering designs, plans, specifications, feasibility studies, etc.
  - Supervision or management of construction, operation, and maintenance of various facilities and systems.
  - Valuation, appraisal, investigation, inspection, monitoring, and technical audit.
  - Program/project development and management, planning, evaluation, and consultancy services.
  - Research and development, training and extension.
  - Testing, evaluation, and inspection of machinery and facilities.
  - Manufacture, distribution, installation, and sale of machinery and equipment.
  - Teaching of agricultural and biosystems engineering subjects.
  - Preparation and evaluation of farm development plans and land use maps/reports.
  - Training and supervision of technicians and operators.
  - Employment in government and private firms requiring agricultural and biosystems engineering expertise.
  - Participation in environmental studies and monitoring.

Professional Regulatory Board (Sections 6-13)
- Establishes the Professional Regulatory Board of Agricultural and Biosystems Engineering.
- Outlines the qualifications, term of office, compensation, and removal process for Board members.
- Defines the powers and duties of the Board, including:
  - Promulgating rules and regulations.
  - Supervising registration, licensure, and practice.
  - Administering oaths and issuing certificates of registration.
  - Issuing, suspending, or revoking licenses.
  - Adopting an official seal and code of ethics.
  - Hearing and trying administrative cases.
  - Prescribing guidelines for continuing professional development (CPD).
  - Ensuring compliance of educational institutions with curriculum standards.
  - Preparing and administering licensure examinations.
  - Approving temporary/special permits for foreign agricultural and biosystems engineers.
  - Issuing cease and desist orders for violations.
  - Performing regulatory, administrative, and quasi-legislative functions.

Examination, Registration, and License (Sections 14-25)
- Requires all applicants to pass a licensure examination.
- Outlines the qualifications for examination applicants, including citizenship, education, and moral character requirements.
- Describes the scope of the licensure examination, covering various subjects related to agricultural and biosystems engineering.
- Specifies the rating system for passing the examination, with a minimum weighted general average of 70% and no grade lower than 55% in any subject.
- Allows for reexamination after one year and completion of a refresher program for those who fail three times.
- Requires successful examinees to take an oath and be issued a certificate of registration and professional identification card.
- Outlines grounds for refusal to register, revocation or suspension of registration, and cancellation of temporary/special permits.
- Allows for reissuance of revoked certificates of registration after two years and replacement of lost or damaged documents.

Practice of Agricultural and Biosystems Engineering (Sections 26-36)
- Provides for automatic registration of practicing agricultural engineers as agricultural and biosystems engineers.
- Requires the use of a seal on plans, designs, specifications, and other documents prepared by registered agricultural and biosystems engineers.
- Prohibits government officers from accepting or endorsing plans not prepared and signed by a registered agricultural and biosystems engineer.
- Allows firms, partnerships, corporations, cooperatives, associations, and foundations to engage in agricultural and biosystems engineering practice under certain conditions.
- Requires the integration of agricultural and biosystems engineers into one national accredited professional organization.
- Allows for foreign reciprocity and temporary/special permits for foreign agricultural and biosystems engineers under certain conditions.
- Specifies positions in government and private firms that require a registered and licensed agricultural and biosystems engineer.
- Requires concerned government agencies, local government units, and state universities and colleges to employ the required number of agricultural and biosystems engineers.
- Establishes a national career progression and specialization program for agricultural and biosystems engineers.
- Transforms the existing Philippine Agricultural Engineering Standards into the Philippine Agricultural and Biosystems Engineering Standards as the Code of Technical Standards.

Agricultural and Biosystems Engineering Education and Continuing Professional Education/Development (Sections 37-40)
- Requires the Commission on Higher Education (CHED) to develop and continuously update the Agricultural and Biosystems Engineering Curriculum in consultation with the Board, industry stakeholders, and state universities and colleges.
- Mandates the Technical Education and Skills Development Authority (TESDA) to include competency standards and training programs for agricultural and biosystems engineering technicians and operators.
- Requires the CHED, in collaboration with various agencies, to formulate and implement a rationalization and upgrading program for agricultural and biosystems engineering education.
- Requires the formulation and implementation of a Career Guidance and Advocacy Program on Agricultural and Biosystems Engineering.
- Makes continuing professional development (CPD) mandatory for the practice of the profession, with guidelines prescribed by the Board and the Commission.

Enforcement and Penal Provisions (Sections 41-42)
- Outlines the primary duty of the Commission and the Board to effectively implement and enforce the provisions of the Act.
- Allows for assistance from law enforcement agencies and offices in enforcing the Act.
- Imposes penalties of a fine of not less than ₱100,000 but not more than ₱500,000, or imprisonment of not less than six months but not more than five years, or both, for various violations of the Act.

Transitory and Final Provisions (Sections 43-47)
- Provides for a transitory period where the incumbent Chairperson and members of the Board continue their functions until the first Board under the Act is constituted.
- Requires the Board to adopt and promulgate implementing rules and regulations, subject to the approval of the Commission.
- Includes a separability clause and a repealing clause for inconsistent laws, expressly repealing Republic Act No. 8559.
- Sets the effectivity date of the Act to be 15 days after its publication in the Official Gazette or a major daily newspaper.