Regulating The Practice Of The Profession Of Environmental Planning In The Philippines

Case Overview and Summary

Title: Law Regulating the Environmental Planning Profession in the Philippines

I. Definition and Scope of Practice
- Environmental planning refers to activities concerned with land management, development, preservation, conservation, and rehabilitation of the human environment. (Section 2a)
- An "environmental planner" is a person engaged in the practice of environmental planning and registered with the Board of Environmental Planning. (Section 2b)
- The scope of practice includes technical consultation, plan preparation, and implementation involving: (Section 3)
    - Development of communities, towns, cities, or regions
    - Site development for housing, research, education, culture, recreation, government, industrial estates, agriculture, and water resources
    - Land use and zoning plans for environment management, development, preservation, conservation, rehabilitation, and control
    - Pre-investment, pre-feasibility, and feasibility studies

II. Board of Environmental Planning
- A Board of Environmental Planning is created, composed of a chairman and two members appointed by the President. (Section 4)
- Board members serve for three years and must meet specific qualifications. (Sections 5-6)
- Board members can be removed for neglect of duty, incompetence, malpractice, unprofessional conduct, etc. (Section 7)
- The Board has various powers and functions, including issuing certificates of registration, conducting examinations, adopting a code of ethics, investigating violations, and promulgating rules and regulations. (Section 8)
- The Board charges fees for applications and registrations, and Board members receive compensation. (Section 9)
- The Board submits an annual report to the Professional Regulation Commission. (Section 10)

III. Examination and Registration
- Registration with the Board is required to practice environmental planning in the Philippines. (Section 11)
- Applicants must pass the professional examination, except those eligible for registration without examination within one year of the Board's constitution. (Sections 12-13)
- Examination requirements, subjects, and qualifications are specified. (Sections 14-16)
- The Board may refuse to issue a certificate for reasons such as criminal conviction or unsound mind. (Section 17)
- Successful candidates must take the professional oath. (Section 18)
- Only registered environmental planners can render planning services and sign plans, specifications, or documents. (Section 19)
- Consulting firms and corporations engaged in environmental planning practice must meet certain requirements. (Section 20)
- A roster of registered environmental planners is maintained and made available. (Section 21)
- The Board can suspend or revoke certificates after due notice and hearing. (Section 22)
- Revoked certificates may be re-issued after one year for valid reasons. (Section 23)
- Registered environmental planners must obtain and use a seal authorized by the Board. (Section 24)

IV. Enforcement and Penal Provisions
- Government officials and law officers must assist in enforcing the law and prosecuting violators. (Section 25)
- Penalties of imprisonment from 6 months to 5 years, or a fine of P2,000 to P5,000, or both, are imposed for various violations, such as practicing without registration, forgery, impersonation, or violating any provision of the law. (Section 26)
- Repealing, separability, and effectivity clauses are included. (Sections 27-29)