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(NAR) VOL. 18 NO. 4/OCTOBER - DECEMBER 2007
[ PRC BOARD OF AGRICULTURAL ENGINEERING RESOLUTION NO. 02, S. OF 2007, August 31, 2007 ]
GUIDELINES ON OCULAR INSPECTION AND MONITORING OF OFFICES AND ESTABLISHMENTS
WHEREAS, Section 9(g), Article III, Republic Act No. 8559, known as the “Philippine Agricultural Engineering Act of 1998”, empowers the Board of Agricultural Engineering (the “Board”) “to look into the conditions affecting the practice of agricultural engineering in the country and whenever necessary adopt such measures as may be deemed proper for the enhancement and maintenance of high professional and ethical standards of the profession;”
WHEREAS, Sec. 9 (b) of R.A. No. 8981, known as the “PRC Modernization Act of 2000”, likewise authorizes the Board, to wit: “to monitor the conditions affecting the practice of the professions or occupation under their respective jurisdictions and whenever necessary adopt such measures as may be deemed proper for the enhancement of the profession or occupation and/or the maintenance of high professional, ethical and technical standards, and for this purpose the members of the Board duly authorized by the Commission with deputized employee of the Commission, may conduct ocular inspection in industrial, mechanical, electrical or chemical plants, establishments, hospitals, clinics, laboratories, testing facilities, mines and quarries, other engineering facilities and in the case of schools, in coordination with the Commission on Higher Education (CHED)”;
WHEREAS, there have been reported violations and non-implementation of R.A. No. 8559 and Res. No. 01, Series of 1998, known as the “Rules and Regulations Implementing the Philippine Agricultural Engineering Act of 1998” and Res. No. 02, Series of 2005, known as “the Code of Ethics and Professional Standards for Agricultural Engineers”, by concerned offices and establishments either public or private;
WHEREAS, such violations relate to the planning, regulation, research and extension, design and construction/fabrication of irrigation, farm machinery, post harvest facilities and agricultural and fishery infrastructures, and the hiring/employment of persons without valid certificate of registration and professional identification cards to perform the aforementioned tasks; and
WHEREAS, in order to strengthen the enforcement of the R.A. No. 8559, it is necessary for the Board and the PRC to conduct ocular inspection and monitoring of concerned offices and establishments to determine their compliance of the said law, and the rules and regulation, and circulars adopted by the Board.
WHEREAS, there is a need to issue guidelines for the conduct of the ocular inspection and monitoring of such premises pursuant to above mentioned powers;
NOW, THEREFORE, the Board resolves, as it is hereby resolved, to adopt, issue, and promulgate the following guidelines on the ocular inspection and monitoring of offices and establishments:
SECTION 1. Board Action. Pursuant to the above mentioned provisions of R.A. No. 8559 and R.A. No. 8981, the Board shall conduct inspection and monitoring of all concerned offices and establishments either public or private;
SECTION 2. Offices and Establishments to be Inspected and Monitored - The Board together with the PRC deputized official/s shall inspect and monitor the following offices and establishments:
1) Government offices which are engaged in agricultural engineering activities relative to the planning, implementation, regulation, operation and maintenance, research and extension of irrigation, soil and water conservation, agricultural and fishery machinery, post harvest facilities, agricultural and fishery infrastructures, agricultural power and energy, forest products processing and other agricultural engineering projects and facilities;
2) All agri-fishery based establishments and facilities which are owned and/or operated by the government or the private sector such as slaughterhouses, poultry dressing plants, agricultural machinery testing and evaluation centers, agricultural machinery and equipment pools, national and communal irrigation systems including small water impounding projects and other related and emerging agro-industrial projects and facilities;
3) Agricultural, aquaculture, and forest products machinery manufacturing and processing plants and distribution/dealership firms/centers and systems;
4) Agro-processing establishments such as rice mills, feed mills, sugar mills, coconut oil mills, fiber extraction processing plants, meat processing plants, fish processing plants, poultry and meat processing plants, fish processing plants, food processing plants and agricultural and fishery products storage facilities;
5) Agro-industrial firms or establishments engaged in agricultural and fishery production, processing and other agricultural engineering endeavors;
6) Financing and banking institutions engaged in providing credit and financial assistance on agribusiness which are commercial in nature such as irrigation, post harvest facilities, agro-processing and storage, forest products, aquaculture, food and fiber production facilities and machineries; and
7) Consultancy firms, foundations, non-government organizations and other organized groups engaged in providing agricultural engineering services relative to management and consultancy, training and extension, research and development on irrigation, post harvest facilities, agro processing and storage, forest products, aquaculture, food and fiber production facilities and machineries;
SECTION 3. The Nature and Purpose of Conducting Ocular Inspection and Monitoring - The following shall be the purposes of the ocular inspection, and monitoring:
SECTION 4. Required Manpower Complement - In accordance with Section 41 of the Board Resolution No. 01, Series of 1998, known as the “Rules and Regulations Implementing the Philippine Agricultural Engineering Act of 1998”, all concerned offices and establishments enumerated in Section 2 of this Resolution shall employ or engaged the services of at least one registered and licensed agricultural engineer.
SECTION 5. Certificate of Compliance - The Board shall issue a Certificate of Compliance to concerned offices and establishments which have been determined and assessed complying with the Philippine Agricultural Engineering Law and its Implementing Rules and Regulations, employing the required number of agricultural engineers and upon payment of the prescribed fees. The Certificate of Compliance shall have a validity of three (3) years.
SECTION 6. Penalties - Pursuant to Section 32 of R.A. No. 8559, any person who violates any provision of R.A. No. 8559, upon conviction, in addition to administrative charges, be penalized by a fine of not less than Fifty Thousand Pesos (P50,000.00) nor more than Two Hundred Thousand Pesos (P200,000.00), or imprisonment of not less than six (6) months nor more than (3) years, or both fine and imprisonment at the discretion of the court.
SECTION 7. Separability Clause - If any section, provision or paragraph hereof shall be declared unconstitutional or invalid by a competent authority, such declaration shall not affect, invalidate or impair any other sections, provisions or paragraphs hereof.
SECTION 8. Effectivity - This Resolution shall take effect after fifteen (15) days following its full and complete publication in the Official Gazette, or any newspaper of general circulation in the Philippines.
Adopted: 31 Aug. 2007
WHEREAS, Sec. 9 (b) of R.A. No. 8981, known as the “PRC Modernization Act of 2000”, likewise authorizes the Board, to wit: “to monitor the conditions affecting the practice of the professions or occupation under their respective jurisdictions and whenever necessary adopt such measures as may be deemed proper for the enhancement of the profession or occupation and/or the maintenance of high professional, ethical and technical standards, and for this purpose the members of the Board duly authorized by the Commission with deputized employee of the Commission, may conduct ocular inspection in industrial, mechanical, electrical or chemical plants, establishments, hospitals, clinics, laboratories, testing facilities, mines and quarries, other engineering facilities and in the case of schools, in coordination with the Commission on Higher Education (CHED)”;
WHEREAS, there have been reported violations and non-implementation of R.A. No. 8559 and Res. No. 01, Series of 1998, known as the “Rules and Regulations Implementing the Philippine Agricultural Engineering Act of 1998” and Res. No. 02, Series of 2005, known as “the Code of Ethics and Professional Standards for Agricultural Engineers”, by concerned offices and establishments either public or private;
WHEREAS, such violations relate to the planning, regulation, research and extension, design and construction/fabrication of irrigation, farm machinery, post harvest facilities and agricultural and fishery infrastructures, and the hiring/employment of persons without valid certificate of registration and professional identification cards to perform the aforementioned tasks; and
WHEREAS, in order to strengthen the enforcement of the R.A. No. 8559, it is necessary for the Board and the PRC to conduct ocular inspection and monitoring of concerned offices and establishments to determine their compliance of the said law, and the rules and regulation, and circulars adopted by the Board.
WHEREAS, there is a need to issue guidelines for the conduct of the ocular inspection and monitoring of such premises pursuant to above mentioned powers;
NOW, THEREFORE, the Board resolves, as it is hereby resolved, to adopt, issue, and promulgate the following guidelines on the ocular inspection and monitoring of offices and establishments:
SECTION 1. Board Action. Pursuant to the above mentioned provisions of R.A. No. 8559 and R.A. No. 8981, the Board shall conduct inspection and monitoring of all concerned offices and establishments either public or private;
SECTION 2. Offices and Establishments to be Inspected and Monitored - The Board together with the PRC deputized official/s shall inspect and monitor the following offices and establishments:
1) Government offices which are engaged in agricultural engineering activities relative to the planning, implementation, regulation, operation and maintenance, research and extension of irrigation, soil and water conservation, agricultural and fishery machinery, post harvest facilities, agricultural and fishery infrastructures, agricultural power and energy, forest products processing and other agricultural engineering projects and facilities;
2) All agri-fishery based establishments and facilities which are owned and/or operated by the government or the private sector such as slaughterhouses, poultry dressing plants, agricultural machinery testing and evaluation centers, agricultural machinery and equipment pools, national and communal irrigation systems including small water impounding projects and other related and emerging agro-industrial projects and facilities;
3) Agricultural, aquaculture, and forest products machinery manufacturing and processing plants and distribution/dealership firms/centers and systems;
4) Agro-processing establishments such as rice mills, feed mills, sugar mills, coconut oil mills, fiber extraction processing plants, meat processing plants, fish processing plants, poultry and meat processing plants, fish processing plants, food processing plants and agricultural and fishery products storage facilities;
5) Agro-industrial firms or establishments engaged in agricultural and fishery production, processing and other agricultural engineering endeavors;
6) Financing and banking institutions engaged in providing credit and financial assistance on agribusiness which are commercial in nature such as irrigation, post harvest facilities, agro-processing and storage, forest products, aquaculture, food and fiber production facilities and machineries; and
7) Consultancy firms, foundations, non-government organizations and other organized groups engaged in providing agricultural engineering services relative to management and consultancy, training and extension, research and development on irrigation, post harvest facilities, agro processing and storage, forest products, aquaculture, food and fiber production facilities and machineries;
SECTION 3. The Nature and Purpose of Conducting Ocular Inspection and Monitoring - The following shall be the purposes of the ocular inspection, and monitoring:
a) To determine if in the practice of Agricultural Engineering, the Philippine Agricultural Engineering Law and its Implementing Rules and Regulations, orders and policies promulgated by the Board and/or the PRC are being complied with;
b) To find out if the concerned offices and establishments employ the required number of agricultural engineer/s, and the work conditions of the employed agricultural engineer/s such as the nature and terms of their employments, duties and functions performed are in order, compensation received are in accordance with the Salary Standardization Law and/or Labor Code, and work environment are humanly safe and favorable; and
c) To assess and evaluate if the standards, systems, and procedure used in the design, operation, and maintenance of agricultural engineering facilities and equipment conform to the Philippine Agricultural Engineering Standards (PAES);
SECTION 4. Required Manpower Complement - In accordance with Section 41 of the Board Resolution No. 01, Series of 1998, known as the “Rules and Regulations Implementing the Philippine Agricultural Engineering Act of 1998”, all concerned offices and establishments enumerated in Section 2 of this Resolution shall employ or engaged the services of at least one registered and licensed agricultural engineer.
SECTION 5. Certificate of Compliance - The Board shall issue a Certificate of Compliance to concerned offices and establishments which have been determined and assessed complying with the Philippine Agricultural Engineering Law and its Implementing Rules and Regulations, employing the required number of agricultural engineers and upon payment of the prescribed fees. The Certificate of Compliance shall have a validity of three (3) years.
SECTION 6. Penalties - Pursuant to Section 32 of R.A. No. 8559, any person who violates any provision of R.A. No. 8559, upon conviction, in addition to administrative charges, be penalized by a fine of not less than Fifty Thousand Pesos (P50,000.00) nor more than Two Hundred Thousand Pesos (P200,000.00), or imprisonment of not less than six (6) months nor more than (3) years, or both fine and imprisonment at the discretion of the court.
SECTION 7. Separability Clause - If any section, provision or paragraph hereof shall be declared unconstitutional or invalid by a competent authority, such declaration shall not affect, invalidate or impair any other sections, provisions or paragraphs hereof.
SECTION 8. Effectivity - This Resolution shall take effect after fifteen (15) days following its full and complete publication in the Official Gazette, or any newspaper of general circulation in the Philippines.
Adopted: 31 Aug. 2007
(SGD.) GEORGE Q. CANAPI Chairman | |
(SGD.) ARIODEAR C. RICO Member | (SGD.) DOMINGO F. TABBAL Member |
ATTESTED BY: | |
(SGD.) CARLOS G. ALMELOR Secretary Professional Regulatory Boards | |