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(NAR) VOL. 10 NO. 2 / APRIL - JUNE 1999
[ PRC BOARD OF GEODETIC ENGINEERING RESOLUTION NO. 05, S. 1998, September 25, 1998 ]
RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 8560 (THE PHILIPPINE GEODETIC ENGINEERING ACT OF 1998)
Pursuant to Section 27, Art. VI of Republic Act 8560, otherwise known as the "Philippine Geodetic Engineering Act of 1998", the following Rules and Regulations for the effective implementation of the said Act are hereby formulated and adopted:
Article I
Title and Purpose
Section 1. Title. — This Resolution shall be known and cited as the "Rules and Regulations Implementing the Philippine Geodetic Engineering Act of 1998." (RRIPGEA).
Section 2. Purpose. — This Rules and Regulations is formulated and adopted to prescribe the procedures to be observed in carrying out the provisions of R.A. 8560 in order to ensure the attainment of the following objectives:
a. To give licensure examinations for the practice of Geodetic Engineering and to issue Certificates of Registration and Professional Licenses to successful examinees in Geodetic Engineers licensure examinations.
b. To regulate the practice of the Geodetic Engineering profession in the Philippines and to adopt measures to elevate the standards of the practice of Geodetic Engineering.
Article II
Definition of Terms
Section 3. Definition of Terms. — a) Unless otherwise provided, the following shall mean:
1. COMMISSION — shall mean the Professional Regulation Commission (PRC) created under P.D. No. 223 as amended.
2. COMMISSION CHAIRMAN — shall refer to the Commissioner of the Professional Regulation Commission.
3. BOARD — shall mean the Board of Geodetic Engineering.
4. BOARD CHAIRMAN — shall mean the chairman of the Board of Geodetic Engineering.
5. GEODETIC ENGINEER — shall refer to a natural person who has been issued a Certificate of Registration and Professional License by the Board and the Commission.
6. JUNIOR GEODETIC ENGINEER — shall refer to a natural person who has been registered and issued a Certificate of Registration and Professional License as Junior Geodetic Engineer under R.A. No. 4374, as amended.
7. PARTNERSHIP — shall mean a partnership of two or more duly registered and licensed geodetic engineers engaged in the collective practice of geodetic engineering, duly registered with the Securities and Exchange Commission (SEC).
8. ASSOCIATION — shall mean a group of duly registered and licensed geodetic engineers engaged in the collective practice of geodetic engineering, duly registered with the Securities and Exchange Commission (SEC).
9. CONDUCTION — shall mean the act of undertaking, engaging, performing or executing a particular geodetic engineering work or activity.
10. CERTIFICATE OF REGISTRATION — refers to the document issued by the Board and the Commission to a registered geodetic engineer after passing the required licensure examination and upon compliance of all other requirements.
11. SYLLABI — shall refer to a table of specifications containing the contents systematically arranged according to topics and sub-topics of the subjects in accordance with which the preparation of test questions for the Licensure Examination shall be strictly within the scope of the syllabus for each subject.
12. LICENSURE EXAMINATION FOR GEODETIC ENGINEERS — shall refer to the written technical licensure examination given by the Board and administered by the Commission to measure the basic knowledge and technical competence of applicants for registration as geodetic engineers and entry into the practice of geodetic engineering.
13. PROFESSIONAL LICENSE — shall refer to the document issued by the Board and the Commission after payment of the annual license fees and compliance with CPE requirements.
14. INTEGRATION — shall mean the unification or consolidation of all registered and licensed geodetic engineers into one national organization of geodetic engineers recognized and accredited by the Board and the Commission.
15. ACCREDITATION OF PROFESSIONAL ASSOCIATION — shall mean the official recognition by the Board and the Commission to a duly integrated national association of registered and licensed Geodetic Engineers.
16. CONSULTING GEODETIC ENGINEER — shall mean a duly registered and licensed geodetic engineer who, due to his knowledge and more than ten (10) years experience in geodetic engineering practice, renders technical advisory and other consultancy service and conducts special studies and researches for a client or who undertakes geodetic engineering work requiring higher level of expertise.
17. PRIVATE PRACTITIONER — shall mean a registered and licensed geodetic engineer who is engaged in the practice of geodetic engineering with or without fee, by himself or through a partnership or association duly registered with the Securities and Exchange Commission.
18. CONTINUING PROFESSIONAL EDUCATION (CPE) — refers to the inculcation, assimilation and acquisition of knowledge skills, proficiency over and above the entry level for the practice of the profession including ethical and moral values to raise and enhance the professional level of competence and the standards of professional practice.
19. PRACTICE OF GEODETIC ENGINEERING — is a professional and organized act of gathering physical data on the surface of the earth with the use of precision instruments. It is also the scientific and methodical processing of these data and presenting them on graphs, plans, maps, charts or documents. It shall embrace, but is not limited to, the following activities:
Article III
Board of Geodetic Engineering
Section 4. Creation and Composition of the Board of Geodetic Engineering. — There is hereby created a Board of Geodetic Engineering, hereinafter called the Board, to be composed of a Chairman and two (2) Members to be appointed by the President of the Philippines from a list of three (3) recommendees for each position, chosen, ranked in order of preference and submitted by the duly integrated and accredited association of geodetic engineers.
Section 5. Board, a Collegial Body. — The Chairman and Members of the Board shall act as a collegial body in matters involving the exercise of its powers and functions as well as the implementation of the policies laid down in R.A. 8560. Official action on such matters by the Board except on administrative cases shall be effective only when approved by the Commission.
Section 6. Meetings of the Board. — The Board shall hold regular meetings at least once a month within the Commission's premises or in such other places as may be agreed upon by the Board and approved by the Commission. Special meetings as often as may be necessary may be called by the Chairman or any two (2) members.
The Chairman shall preside over the meetings of the Board. The senior member, if any, shall act as Presiding Officer in the absence or incapacity of the Chairman.
Section 7. Duties and Responsibilities of the Chairman of the Board. — The Chairman shall be the head of the board and, as such, he shall assign equitably the subjects for examination to the members of the Board. The Chairman shall assign the members to conduct investigation of administrative cases and to undertake/exercise the visitorial powers of the Board. He shall be responsible for the assignment of duties and responsibilities to the members and for the supervision and management of their work. The Chairman shall be the official spokesman of the Board in the Commission.
Section 8. Enforcement and Execution. — The Board shall, in the exercise of its powers and performance of its functions and responsibilities under R.A. No. 8560, be assisted and supported by the Commission through its offices, divisions, sections or units and, whenever appropriate, request the assistance of the duly constituted law enforcement officers to enforce the penal provisions of the said Act.
Section 9. Promulgation of Decisions, Rules and Regulations, Orders, Resolutions, Etc. — To promulgate a decision or issue orders or resolutions which are dispositive in nature in an administrative case or issue, rules and regulations, resolutions embodying policies and other issuances for the implementation of the provisions of R.A. 8560, the members of the Board shall meet en banc to deliberate and vote on any of the matters above-mentioned under consideration. Both a quorum and a majority vote shall be required for the validity of the actions of the Board on the foregoing matters. A quorum shall require the presence of two (2) members and a majority vote shall require the votes of two members of the Board. Any action of the Board in an administrative case which is not dispositive in nature may be entered by the Chairman or any member duly authorized by him.
Except decisions or orders/resolutions which are dispositive in nature in administrative cases, any official action of the Board shall be valid and enforceable only when approved by the Commission. Resolutions issued by the Board and approved by the Commission which implement and enforce the law or regulate the public shall be effective only when published in the Official Gazette or newspaper of general circulation.
Section 10. Official Business with the Commission. — For any dealing, transaction or business with the Commission, the Chairman of the Board or in his absence or incapacity, the senior member, if any, or the member designated by him shall be the spokesperson or representative of the Board.
Section 11. Action on Papers, Communication or Other Documents. — No official communication, certificate, resolution or decision, or other documents shall be brought outside the premises of the Commission for action without the written permission from the Chairman of the Commission.
Section 12. Records of the Board; Removal of Such Papers, Etc. — All records of the Board, including the application for examination, examination papers and results, minutes of deliberation, administrative cases and investigation involving Geodetic Engineers shall be kept by the Commission.
Section 13. Interpretation of the Provisions of R.A. No. 8560 and the Rules and Regulations Promulgated Thereunder and Code of Ethics for Geodetic Engineers Issued by the Board. — The Board may, at first instance, resolve issues or questions arising from the implementation of the provisions of R.A. No. 8560 in the form of opinions issued by the Board through its Chairman. It may also issue opinions on questions arising from the implementation of its Rules and Regulations and the Code of Ethics for Geodetic Engineers through its Chairman.
Section 14. Formulation of Syllabi. — The Board shall formulate and adopt a syllabus for each of the licensure examination subjects. Test questions that will be prepared and encoded in the computers shall be within the scope of the syllabi.
Article IV
Application, Examination, Registration and License
Section 15. Examination Required. — Unless expressly exempted by the provisions of R.A. No. 8560, all persons desiring to register as Geodetic Engineers and practice the profession must pass the licensure examination for the practice of Geodetic Engineering.
Section 16. Application. — The applicants for examination shall file a computerized application form provided by the Commission free of charge, duly accomplished, in the Application Division of the Commission in any of its regional offices designated as testing centers for the profession accompanied by authentic or authenticated copies of the required documents.
A Filipino citizen who graduated with a Bachelor's degree in Geodetic Engineering from a foreign education institution shall be required to present all endorsement from the Commission on Higher Education (CHED) to be allowed to take the geodetic engineer licensure examination.
Section 17. Examination. — All applicants for registration and admission to the practice of the Geodetic Engineers Profession shall be required to take and pass the geodetic engineering licensure examination.
Section 18. Qualifications of Applicants for Examination. — Every applicant for examination shall establish the following:
a) That he is a citizen of the Philippines;
b) That he is a graduate of Bachelor of Science in Geodetic Engineering in a school, academy, institute, college or university duly recognized by the Commission on Higher Education (CHED).
c) That he is of good moral character.
d) That he is physically and mentally healthy.
SECTION 19. Scope of Examination. — The examination for Geodetic Engineering shall basically cover the following subjects with the corresponding relative weights to wit:
1. Rules and Regulations: Public Land Laws, Laws on Property, Laws on Natural Resources, Land Registration Laws, Land Reform Laws, Laws on Obligation and Contracts, Professional and Ethical Practice, Rules and Regulations Governing Land Surveying------------------------------20%
2. Mathematics: Algebra, Solid Geometry, Analytical Geometry, Engineering Economics, Plane and Spherical Trigonometry Differential and Integral Calculus Mechanics----------------------20%
3. Theory and Practice Surveying: Property Surveying, Isolated, Mineral and Mining Surveys, Cadastral Land Surveying, Astronomy, Route Surveys and Earthworks, Hydrographic and Topographic Surveying, Photogrammetry, Engineering Surveys and Construction Surveying--------------------------20%
4. Geodesy: Geodetic Surveying, Geodetic Astronomy, Geodetic Triangulation, Geodetic Leveling, Gravity Measurement, Least Squares---------------------------20%
5. Cartography: Plotting and Mapping of Isolated, Mineral, Cadastral, Hydrographic, Photogrammetric Surveys and Map Projection-----------------------------20%
The said subjects and their respective syllabi may be amended by the Board so as to conform with technological changes brought about by modern trends in the profession.
Section 20. Places and Dates of Examination. — The Geodetic Engineering Licensure Examination shall be held at least two (2) times a year in the City of Manila and in such other places as may be determined by the Board and approved by the Commission. The places/venues and dates of examination for the year shall be included in the Schedule of Professional Licensure Examination issued annually by the Commission.
Section 21. Program of Examination. — The Board shall prepare and issue not later than twenty (20) days prior to the first day of the examination a program for every scheduled examination which shall contain the subjects for examination with their corresponding percentage weights, the time, date and place of examination. The program shall include instructions to the examinees and the names and signatures of the Chairman and the members of the Board.
Section 22. Publication of the Program of Examination. — The dates, time and venues of the licensure examination shall, as far as practicable, be published in a newspaper of general circulation and copies of the program of examination shall be furnished to colleges and universities offering geodetic engineering courses at least two (2) months prior to the first day of examination for the guidance and information of their graduates.
Section 23. Required Rating to Pass the Board Examination. — To pass the board examination for Geodetic Engineers, a candidate must obtain a weighted general average of seventy percent (70%), with no grade lower than fifty-five percent (55%) in any subject.
Section 24. Removal Examination. — An examinee who obtained a weighted general average rating of at least seventy percent (70%) or higher but obtained a rating below fifty-five percent (55%) in any given subject/s must take an examination only in the subject or subjects where he obtained a grade below fifty-five percent (55%) within a period of one (1) year from the last examination taken; provided, that if such examinee fails to obtain a rating of at least fifty-five percent (55%) in each of the subject/s re-examined, he shall be considered to have failed in both examinations which shall however be deemed as one failure for purposes of the succeeding Section.
Section 25. Re-Examination. — An applicant who fails to pass the examination for the third time shall be allowed to take another examination only after the lapse of one year from the last examination taken.
Section 26. Report of Ratings. — The Board shall submit to the Commission the rating obtained by each candidate within twenty (20) days after the examination, unless extended for just cause. After the release of the result of the examination, the rating received by each examinee shall be mailed to his given address using the mailing envelope submitted during the examination.
Section 27. Oath. — All successful candidates in the examination shall be required to take the oath of a professional before the Board or any government official or any person authorized by law to administer oaths, prior to entering upon the practice of the Geodetic Engineering profession.
Section 28. Full Computerization of Examination. — The licensure examinations shall be fully computerized. New members of the Board assigned a particular subject shall prepare at least five hundred (500) questions in each subject he is assigned. These questions shall be inputted in the item bank from which the questions to be given in a particular licensure examination shall be extracted at random. The Test Questions Bank for a particular subject shall be replenished within sixty (60) days from the release of the results of examination with at least three hundred (300) questions every after examination until the bank has two thousand (2000) questions in which case the replenishment shall be equal to the number of questions extracted. The correction of the answer sheets of the examinees shall be done by the computers.
Article V
Registration and Issuance of Certificate of Registration and Professional License
Section 29. Registration of Successful Examinees. — All examinees who passed the licensure examination for Geodetic Engineers shall, unless specifically deferred for cause by the Board and the Commission, be registered after taking the oath of a professional and payment of the required fees.
Section 30. Issuance of the Certificate of Registration and Professional License. — Upon compliance with the requirements for registration, the name and signature of the Geodetic Engineer shall be entered in the Roll of Geodetic Engineers and shall be issued a certificate of registration and professional license.
The Certificate of Registration of a professional Geodetic Engineer shall bear the signatures of the Chairman of the Board and the Chairman of the Professional Regulation Commission and stamped with the official seal of the Board indicating that the person named therein is a registered Geodetic Engineer.
A professional license bearing the registration number, date of issuance, expiry date and duly signed by the Chairman of the Board and the Chairman of the Commission shall likewise be issued to every registrant upon payment of the professional fees.
Section 31. Renewal of Professional License. — The professional license issued to a geodetic engineer shall be valid for three (3) years and, unless the holder thereof is exempt from CPE requirement, shall be renewed every three (3) years on the birth month of the geodetic engineer upon presentation of the required Continuing Professional Education (CPE) credit units earned and payment of the fees for the period of the license.
Section 32. Lifting of Deferment of Registration. — If the case/s of deferment of the registration of the successful examinee has/have been complied with, the said examinee shall be allowed to register as Geodetic Engineer after taking the professional oath and payment of the required fees.
Section 33. Automatic Registration of Practicing Geodetic Engineers. — All practicing Geodetic Engineers who are registered at the time R.A. No. 8560 took effect shall be automatically registered without payment of registration fees and shall be authorized to continue practicing the Geodetic Engineering profession, provided, that their licenses have not expired.
Those Geodetic Engineers registered with the Board and the Commission under R.A. 4374, as amended, who are delinquent in the payment of their license fees at the time R.A. No. 8560 took affect shall likewise be automatically registered only upon payment of their delinquent license fees including penalties/surcharges. They shall continue to practice Geodetic Engineering only upon issuance of their renewed professional license.
Section 34. Temporary Removal from the Roll of Geodetic Engineers. — A Geodetic Engineer who has been delinquent in the payment of his annual license fees for five (5) consecutive years or more from the year it was paid shall, after due process has been observed, be dropped from the Roll of Geodetic Engineers for not having been in good standing and may be reinstated only upon application and payment of the delinquent license fees and surcharge and the fee for the registration without examination.
Article VI
Official Seal of the Board and Seal of the Geodetic Engineers
Section 35. Official Seal of the Board. — The Board shall adopt its official seal.
Section 36. Seal of the Geodetic Engineer. — Each registrant shall, upon registration, obtain the seal of such design as the Board of Geodetic Engineering may adopt: Provided, however, that the present design shall continue to be used until a new design shall have been approved by the Board for adoption.
Plans and specifications prepared by or under the direct supervision of a registered Geodetic Engineer shall be stamped with said seal during the validity of the professional license.
Section 37. Indication of License and Privilege Tax Receipt. — The Geodetic Engineer shall indicate his professional license number, the expiry date of his license including the number of his privilege tax receipt on the documents he signs, uses or issues in connection with the practice of his profession.
Article VII
Administrative Proceedings
SECTION 38. Administrative Investigations. — The Board shall conduct investigations of cases filed by aggrieved parties against registered Geodetic Engineers with the assistance of the legal/hearing officers of the Commission in accordance with the pertinent provisions of the "Rules and Regulations Governing the Regulation and Practice of Professionals", as amended, issued by the Commission. The Revised Rules of Court shall be suppletory to said Rules.
Section 39. Grounds for Suspension or Revocation of Certificates. — The Board may, after due notice and hearing, suspend or revoke the certificate of registration and license of a registered Geodetic Engineer or the registration certificate or temporary/special permit issued to foreign professionals allowed by law to practice geodetic engineering in the Philippines upon any of the following grounds:
Article VIII
Report on the Performance of Candidates in Licensure Examinations
Section 40. Report of the Board. — The Board shall, with the assistance of the Public Information and Statistics Section of the Professional Regulation Commission, prepare a report on the performance of the examinees of schools, colleges or universities in the licensure examinations. The Board thru the Commission may recommend to the Commission on Higher Education the following:
(1) The monitoring of schools, colleges and universities, whether public or private, whose successful examinees in three (3) consecutive licensure examinations in Geodetic Engineering is less than five percent (5%) of the total number of its candidates who took the said licensure examinations;
(2) The publication of the names of schools, colleges or universities whose successful examinees in five (5) successive licensure examinations in Geodetic Engineering is less than five percent (5%) of the total number of examinees of said schools, colleges or universities in each of the said licensure examination taken; and
(3) The closure of the course/program.
Article IX
Registration With or Without Examination and/or Issuance of Temporary Special Permit to Foreigners or Foreign Professionals
Section 41. Applicability of the Guidelines Promulgated by the Commission. — The "Guidelines for the Registration of Foreign Professionals Allowed by the Laws to Practice the Regulated Professions in the Philippines," as amended, promulgated by the Professional Regulation Commission on January 20, 1998 shall be applicable to foreign geodetic engineers allowed by law to practice the profession in the Philippines.
The Board of Geodetic Engineering shall issue Rules and Regulations providing for the procedure for the registration with or without examination of or issuance of temporary or special permits to foreigners or foreign professionals allowed by the various laws to practice the regulated professions in the Philippines.
Article X
Prohibition, Enforcement and Penalties
Section 42. Prohibitions. — (a) No person shall practice Geodetic Engineering in the Philippines unless such person shall have secured a license to practice Geodetic Engineering in the manner provided in R.A. No. 8560.
(b) No person shall stamp or seal any document with the seal of a registrant after his professional license has expired or lost its validity unless he has been reinstated to the practice and/or unless his license has been renewed.
(c) No officer or employee of the government, chartered cities, provinces and municipalities now or hereafter charged with the enforcement of laws, ordinances or regulations relating to all Geodetic Engineering practices shall accept or endorse any survey plans or documents which have not been prepared and submitted in full accord with the provisions of R.A. 8560 nor shall any payment be approved by any such officer for any work, the plans and documents of which have not been so prepared, signed and sealed by a duly licensed Geodetic Engineer.
(d) No Geodetic Engineer shall sign his name, affix his seal or use any other method of signature on plans, specifications or other documents made by or under another Geodetic Engineer's supervision unless the same is made in such manner as to clearly indicate the part of such work actually performed by him and no person, except the Geodetic Engineer in charge, shall sign for any branch of work or any function of Geodetic Engineering practice not actually performed by him.
(e) No other person or government entity should go over the work of the Geodetic Engineer unless found grossly defective in connection with other works for which an investigation committee shall thereby be created and commissioned by the Professional Regulation Commission.
(f) No firm, company, partnership, association or corporation may be registered or licensed as such for the practice of Geodetic Engineering.
Section 43. Enforcement. — Without prejudice to the enforcement of the penal provisions of R.A. No. 8560 by the duly constituted officers of the law of the national, provincial, city and municipal governments, the Commission through its hearing officers shall conduct investigations on complaints under oath filed by aggrieved persons on any violation of the penal or prohibitory provisions of R.A. No. 8560 and, if the evidence adduced so warrant, shall forward the records of the case to the office of the city or provincial prosecutor of the offender/violator.
The Commission may also refer the case to the Board for hearing with the assistance of the hearing/legal officers of the Commission if the offender would likewise be liable for administrative sanctions.
Section 44. Penalties. — In addition to the administrative sanctions, any person who violates any of the provisions of R.A. No. 8560 shall, upon conviction, 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 six (6) years, or both such fine and imprisonment, at the discretion of the court.
Article XI
Integration of Geodetic Engineers
Section 45. Integration of Geodetic Engineers. — All registered Geodetic Engineers under R.A. No. 4374 shall be integrated into one national organization of Geodetic Engineers which shall be accredited by the Board and the Commission and recognized as the one and only accredited association of Geodetic Engineers.
Upon registration with the Board, every professional Geodetic Engineer shall automatically become a member of the accredited integrated Association of Geodetic Engineers, without prejudice to their becoming members of other associations of Geodetic Engineers.
Geodetic Engineers who have been registered with the Board but are not members of the accredited integrated association of Geodetic Engineers at the time of effectivity of R.A. No. 8560 shall be allowed to register as members of the said organization within three (3) years after the effectivity of said Act.
Article XII
Miscellaneous Provisions
Section 46. Annual Report. — The Board shall, at the close of each calendar year, submit an annual report to the President of the Philippines, through the Professional Regulation Commission, giving detailed account of its proceedings and accomplishments during the year and make recommendations for the adoption of measures that will upgrade and improve the conditions affecting the practice of Geodetic Engineering in the Philippines.
Section 47. Teaching of Geodetic Engineering Subjects. — Engagement in the transfer of the knowledge and technology of geodetic engineering in any institution is practice of geodetic engineering; hence, only registered and licensed Geodetic Engineers shall be allowed to teach geodetic engineering subjects which are covered by the licensure examination for Geodetic Engineers.
Section 48. Continuing Professional Education (CPE). — The Board may prescribe guidelines in the implementation of its Continuing Professional Education programs subject to the approval of the Commission.
Article XIII
Transitory Provisions
Section 49. Existence of Board of Geodetic Engineering under R.A. No. 4374. — The present Board of Geodetic Engineering shall continue to function in the interim until such time as the new Board shall be constituted pursuant to R.A. No. 8560.
Section 50. Examination for Junior Geodetic Engineers. — No licensure examination for Junior Geodetic Engineers shall be given and administered by the present and the incoming board after the effectivity of R.A. No. 8560.
Section 51. Status of Incumbent Junior Geodetic Engineers. — Incumbent Junior Geodetic Engineers may continue to practice as such Junior Geodetic Engineers for a period of five (5) years from the effectivity of R.A. No. 8560; provided that such practice shall be limited to the performance of the following acts:
(a) Execute original survey of residential, industrial, commercial or agricultural land not exceeding three (3) lots with an aggregate area of not exceeding one hectare; or
(b) Executive subdivision survey of simple subdivision, or consolidation-subdivision not exceeding three (3) lots with an aggregate area of not exceeding one hectare; or
(c) Conduct topographic and hydrographic surveys of areas not exceeding five hectares each; or
(d) Prepare and sign location plan (LP), special plan (SP), and survey plan required under paragraphs (a), (b) and (c) hereof.
Provided, that lands or areas adjoining those covered under paragraphs (a), (b), and (c) above shall not be surveyed within one year after the execution or approval of said plans by the same junior geodetic engineer; provided, further that subdivision plans as provided under paragraph (b) above shall not be further subdivided by the same junior geodetic engineer within one year after its approval and provided, finally, that junior geodetic engineers who are working under the supervision of geodetic engineers either with the government or private firms or partnerships can execute land surveys or phases thereof free from the above limitations, provided, that he shall sign only the field notes and the corresponding survey plan shall be signed by a geodetic engineer.
Said Junior Geodetic Engineers shall have the same period of five (5) years from the effectivity of said Act within which they are required to finish the Bachelor of Science in Geodetic Engineering course to qualify them to take the Geodetic Engineer Licensure Examination.
Article XIV
Separability and Effectivity Clauses
Section 52. Separability Clause. — If any section, paragraph, provision, clause or part thereof shall be declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair any other part hereof but such judgment shall merely be confined to the section, paragraph, provision, clause or part directly involved in the controversy upon which such judgment has been rendered.
Section 53. Effectivity. — This Rules and Regulations shall take effect after thirty (30) days from its publication in full in the Official Gazette or in a newspaper of general circulation whichever comes earlier.
Adopted: 25 Sept. 1998
(SGD.) HERMINIO S. PADA
Chairman
(SGD.) JULIUS U. CALINA
(SGD.) VICTOR J. ANCHETA
Members
Attested:
(SGD.) CARLOS G. ALMELOR
Secretary, Professional Regulatory Boards
Approved:
(SGD.) HERMOGENES P. POBRE
Chairman
(SGD.) ALFONSO G. ABAD
(SGD.) AVELINA DELA REA-TAN
Commission Members
Title and Purpose
Section 1. Title. — This Resolution shall be known and cited as the "Rules and Regulations Implementing the Philippine Geodetic Engineering Act of 1998." (RRIPGEA).
Section 2. Purpose. — This Rules and Regulations is formulated and adopted to prescribe the procedures to be observed in carrying out the provisions of R.A. 8560 in order to ensure the attainment of the following objectives:
a. To give licensure examinations for the practice of Geodetic Engineering and to issue Certificates of Registration and Professional Licenses to successful examinees in Geodetic Engineers licensure examinations.
b. To regulate the practice of the Geodetic Engineering profession in the Philippines and to adopt measures to elevate the standards of the practice of Geodetic Engineering.
Definition of Terms
Section 3. Definition of Terms. — a) Unless otherwise provided, the following shall mean:
1. COMMISSION — shall mean the Professional Regulation Commission (PRC) created under P.D. No. 223 as amended.
2. COMMISSION CHAIRMAN — shall refer to the Commissioner of the Professional Regulation Commission.
3. BOARD — shall mean the Board of Geodetic Engineering.
4. BOARD CHAIRMAN — shall mean the chairman of the Board of Geodetic Engineering.
5. GEODETIC ENGINEER — shall refer to a natural person who has been issued a Certificate of Registration and Professional License by the Board and the Commission.
6. JUNIOR GEODETIC ENGINEER — shall refer to a natural person who has been registered and issued a Certificate of Registration and Professional License as Junior Geodetic Engineer under R.A. No. 4374, as amended.
7. PARTNERSHIP — shall mean a partnership of two or more duly registered and licensed geodetic engineers engaged in the collective practice of geodetic engineering, duly registered with the Securities and Exchange Commission (SEC).
8. ASSOCIATION — shall mean a group of duly registered and licensed geodetic engineers engaged in the collective practice of geodetic engineering, duly registered with the Securities and Exchange Commission (SEC).
9. CONDUCTION — shall mean the act of undertaking, engaging, performing or executing a particular geodetic engineering work or activity.
10. CERTIFICATE OF REGISTRATION — refers to the document issued by the Board and the Commission to a registered geodetic engineer after passing the required licensure examination and upon compliance of all other requirements.
11. SYLLABI — shall refer to a table of specifications containing the contents systematically arranged according to topics and sub-topics of the subjects in accordance with which the preparation of test questions for the Licensure Examination shall be strictly within the scope of the syllabus for each subject.
12. LICENSURE EXAMINATION FOR GEODETIC ENGINEERS — shall refer to the written technical licensure examination given by the Board and administered by the Commission to measure the basic knowledge and technical competence of applicants for registration as geodetic engineers and entry into the practice of geodetic engineering.
13. PROFESSIONAL LICENSE — shall refer to the document issued by the Board and the Commission after payment of the annual license fees and compliance with CPE requirements.
14. INTEGRATION — shall mean the unification or consolidation of all registered and licensed geodetic engineers into one national organization of geodetic engineers recognized and accredited by the Board and the Commission.
15. ACCREDITATION OF PROFESSIONAL ASSOCIATION — shall mean the official recognition by the Board and the Commission to a duly integrated national association of registered and licensed Geodetic Engineers.
16. CONSULTING GEODETIC ENGINEER — shall mean a duly registered and licensed geodetic engineer who, due to his knowledge and more than ten (10) years experience in geodetic engineering practice, renders technical advisory and other consultancy service and conducts special studies and researches for a client or who undertakes geodetic engineering work requiring higher level of expertise.
17. PRIVATE PRACTITIONER — shall mean a registered and licensed geodetic engineer who is engaged in the practice of geodetic engineering with or without fee, by himself or through a partnership or association duly registered with the Securities and Exchange Commission.
18. CONTINUING PROFESSIONAL EDUCATION (CPE) — refers to the inculcation, assimilation and acquisition of knowledge skills, proficiency over and above the entry level for the practice of the profession including ethical and moral values to raise and enhance the professional level of competence and the standards of professional practice.
19. PRACTICE OF GEODETIC ENGINEERING — is a professional and organized act of gathering physical data on the surface of the earth with the use of precision instruments. It is also the scientific and methodical processing of these data and presenting them on graphs, plans, maps, charts or documents. It shall embrace, but is not limited to, the following activities:
(1) Professional Geodetic Engineering services with the use of surveying and mapping equipment such as graduated rods, measuring tapes, transits, levels, theodolites, fathometers/echosounders, electronic distance meters, global positioning system receivers, stereoplotters and all other instruments that are used to determine metes and bounds of lands positions of points on the surface of the earth, water depths, underwater configuration, ground elevation, gravity, isostasy, crustal movements and the size and shape of the earth, and other instruments used for construction survey, and those instruments used to guide the installation of large industrial equipment and machineries;b) Other Geodetic Engineering terms whose definitions are not included in this Rules and Regulations shall be deemed to convey the meaning given to them by other laws, rules and regulations or by international conventions adhered to by the government of the Philippines if definition of such terms are not available.
(2) Horizontal and vertical control surveys and political boundary surveys;
(3) Land surveys to determine their metes and bounds and prepare the plans thereof for titling and for other purposes;
(4) Subdivision, consolidation and/or consolidation-subdivision of titled properties;
(5) Submission of survey plans of subdivided, consolidated and/or consolidated-subdivision titled properties to the government agencies concerned; hereafter, such plans on surveyed titled properties submitted by geodetic engineers shall not be subject to verification and approval;
(6) Preparation and making of sketch, lot and location plans;
(7) Conduction of engineering surveys and the technical preparation of engineering survey plans such as topographic, hydrographic, tidal, profile, cross-section, construction and boundary surveys;
(8) Parcellary surveys of lands traversed by infrastructure projects; and the preparation of subdivision plans;
(9) Conduction of gravimetric and photogrammetric survey and the technical preparation of such survey plans;
(10) Survey and mapping works such as the preparation of geographic and/or land information systems;
(11) Survey to determine and establish line and grade for the construction of buildings and other structures and its attachments;
(12) Conduction of as-staked and as-built surveys for infrastructures;
(13) Conduction of mineral and mining surveys;
(14) Installation of machineries requiring the use of precision surveying instruments;
(15) Engagement in the transfer of the knowledge and technology of geodetic engineering in any institution of learning.
Board of Geodetic Engineering
Section 4. Creation and Composition of the Board of Geodetic Engineering. — There is hereby created a Board of Geodetic Engineering, hereinafter called the Board, to be composed of a Chairman and two (2) Members to be appointed by the President of the Philippines from a list of three (3) recommendees for each position, chosen, ranked in order of preference and submitted by the duly integrated and accredited association of geodetic engineers.
Section 5. Board, a Collegial Body. — The Chairman and Members of the Board shall act as a collegial body in matters involving the exercise of its powers and functions as well as the implementation of the policies laid down in R.A. 8560. Official action on such matters by the Board except on administrative cases shall be effective only when approved by the Commission.
Section 6. Meetings of the Board. — The Board shall hold regular meetings at least once a month within the Commission's premises or in such other places as may be agreed upon by the Board and approved by the Commission. Special meetings as often as may be necessary may be called by the Chairman or any two (2) members.
The Chairman shall preside over the meetings of the Board. The senior member, if any, shall act as Presiding Officer in the absence or incapacity of the Chairman.
Section 7. Duties and Responsibilities of the Chairman of the Board. — The Chairman shall be the head of the board and, as such, he shall assign equitably the subjects for examination to the members of the Board. The Chairman shall assign the members to conduct investigation of administrative cases and to undertake/exercise the visitorial powers of the Board. He shall be responsible for the assignment of duties and responsibilities to the members and for the supervision and management of their work. The Chairman shall be the official spokesman of the Board in the Commission.
Section 8. Enforcement and Execution. — The Board shall, in the exercise of its powers and performance of its functions and responsibilities under R.A. No. 8560, be assisted and supported by the Commission through its offices, divisions, sections or units and, whenever appropriate, request the assistance of the duly constituted law enforcement officers to enforce the penal provisions of the said Act.
Section 9. Promulgation of Decisions, Rules and Regulations, Orders, Resolutions, Etc. — To promulgate a decision or issue orders or resolutions which are dispositive in nature in an administrative case or issue, rules and regulations, resolutions embodying policies and other issuances for the implementation of the provisions of R.A. 8560, the members of the Board shall meet en banc to deliberate and vote on any of the matters above-mentioned under consideration. Both a quorum and a majority vote shall be required for the validity of the actions of the Board on the foregoing matters. A quorum shall require the presence of two (2) members and a majority vote shall require the votes of two members of the Board. Any action of the Board in an administrative case which is not dispositive in nature may be entered by the Chairman or any member duly authorized by him.
Except decisions or orders/resolutions which are dispositive in nature in administrative cases, any official action of the Board shall be valid and enforceable only when approved by the Commission. Resolutions issued by the Board and approved by the Commission which implement and enforce the law or regulate the public shall be effective only when published in the Official Gazette or newspaper of general circulation.
Section 10. Official Business with the Commission. — For any dealing, transaction or business with the Commission, the Chairman of the Board or in his absence or incapacity, the senior member, if any, or the member designated by him shall be the spokesperson or representative of the Board.
Section 11. Action on Papers, Communication or Other Documents. — No official communication, certificate, resolution or decision, or other documents shall be brought outside the premises of the Commission for action without the written permission from the Chairman of the Commission.
Section 12. Records of the Board; Removal of Such Papers, Etc. — All records of the Board, including the application for examination, examination papers and results, minutes of deliberation, administrative cases and investigation involving Geodetic Engineers shall be kept by the Commission.
Section 13. Interpretation of the Provisions of R.A. No. 8560 and the Rules and Regulations Promulgated Thereunder and Code of Ethics for Geodetic Engineers Issued by the Board. — The Board may, at first instance, resolve issues or questions arising from the implementation of the provisions of R.A. No. 8560 in the form of opinions issued by the Board through its Chairman. It may also issue opinions on questions arising from the implementation of its Rules and Regulations and the Code of Ethics for Geodetic Engineers through its Chairman.
Section 14. Formulation of Syllabi. — The Board shall formulate and adopt a syllabus for each of the licensure examination subjects. Test questions that will be prepared and encoded in the computers shall be within the scope of the syllabi.
Application, Examination, Registration and License
Section 15. Examination Required. — Unless expressly exempted by the provisions of R.A. No. 8560, all persons desiring to register as Geodetic Engineers and practice the profession must pass the licensure examination for the practice of Geodetic Engineering.
Section 16. Application. — The applicants for examination shall file a computerized application form provided by the Commission free of charge, duly accomplished, in the Application Division of the Commission in any of its regional offices designated as testing centers for the profession accompanied by authentic or authenticated copies of the required documents.
A Filipino citizen who graduated with a Bachelor's degree in Geodetic Engineering from a foreign education institution shall be required to present all endorsement from the Commission on Higher Education (CHED) to be allowed to take the geodetic engineer licensure examination.
Section 17. Examination. — All applicants for registration and admission to the practice of the Geodetic Engineers Profession shall be required to take and pass the geodetic engineering licensure examination.
Section 18. Qualifications of Applicants for Examination. — Every applicant for examination shall establish the following:
a) That he is a citizen of the Philippines;
b) That he is a graduate of Bachelor of Science in Geodetic Engineering in a school, academy, institute, college or university duly recognized by the Commission on Higher Education (CHED).
c) That he is of good moral character.
d) That he is physically and mentally healthy.
SECTION 19. Scope of Examination. — The examination for Geodetic Engineering shall basically cover the following subjects with the corresponding relative weights to wit:
1. Rules and Regulations: Public Land Laws, Laws on Property, Laws on Natural Resources, Land Registration Laws, Land Reform Laws, Laws on Obligation and Contracts, Professional and Ethical Practice, Rules and Regulations Governing Land Surveying------------------------------20%
2. Mathematics: Algebra, Solid Geometry, Analytical Geometry, Engineering Economics, Plane and Spherical Trigonometry Differential and Integral Calculus Mechanics----------------------20%
3. Theory and Practice Surveying: Property Surveying, Isolated, Mineral and Mining Surveys, Cadastral Land Surveying, Astronomy, Route Surveys and Earthworks, Hydrographic and Topographic Surveying, Photogrammetry, Engineering Surveys and Construction Surveying--------------------------20%
4. Geodesy: Geodetic Surveying, Geodetic Astronomy, Geodetic Triangulation, Geodetic Leveling, Gravity Measurement, Least Squares---------------------------20%
5. Cartography: Plotting and Mapping of Isolated, Mineral, Cadastral, Hydrographic, Photogrammetric Surveys and Map Projection-----------------------------20%
The said subjects and their respective syllabi may be amended by the Board so as to conform with technological changes brought about by modern trends in the profession.
Section 20. Places and Dates of Examination. — The Geodetic Engineering Licensure Examination shall be held at least two (2) times a year in the City of Manila and in such other places as may be determined by the Board and approved by the Commission. The places/venues and dates of examination for the year shall be included in the Schedule of Professional Licensure Examination issued annually by the Commission.
Section 21. Program of Examination. — The Board shall prepare and issue not later than twenty (20) days prior to the first day of the examination a program for every scheduled examination which shall contain the subjects for examination with their corresponding percentage weights, the time, date and place of examination. The program shall include instructions to the examinees and the names and signatures of the Chairman and the members of the Board.
Section 22. Publication of the Program of Examination. — The dates, time and venues of the licensure examination shall, as far as practicable, be published in a newspaper of general circulation and copies of the program of examination shall be furnished to colleges and universities offering geodetic engineering courses at least two (2) months prior to the first day of examination for the guidance and information of their graduates.
Section 23. Required Rating to Pass the Board Examination. — To pass the board examination for Geodetic Engineers, a candidate must obtain a weighted general average of seventy percent (70%), with no grade lower than fifty-five percent (55%) in any subject.
Section 24. Removal Examination. — An examinee who obtained a weighted general average rating of at least seventy percent (70%) or higher but obtained a rating below fifty-five percent (55%) in any given subject/s must take an examination only in the subject or subjects where he obtained a grade below fifty-five percent (55%) within a period of one (1) year from the last examination taken; provided, that if such examinee fails to obtain a rating of at least fifty-five percent (55%) in each of the subject/s re-examined, he shall be considered to have failed in both examinations which shall however be deemed as one failure for purposes of the succeeding Section.
Section 25. Re-Examination. — An applicant who fails to pass the examination for the third time shall be allowed to take another examination only after the lapse of one year from the last examination taken.
Section 26. Report of Ratings. — The Board shall submit to the Commission the rating obtained by each candidate within twenty (20) days after the examination, unless extended for just cause. After the release of the result of the examination, the rating received by each examinee shall be mailed to his given address using the mailing envelope submitted during the examination.
Section 27. Oath. — All successful candidates in the examination shall be required to take the oath of a professional before the Board or any government official or any person authorized by law to administer oaths, prior to entering upon the practice of the Geodetic Engineering profession.
Section 28. Full Computerization of Examination. — The licensure examinations shall be fully computerized. New members of the Board assigned a particular subject shall prepare at least five hundred (500) questions in each subject he is assigned. These questions shall be inputted in the item bank from which the questions to be given in a particular licensure examination shall be extracted at random. The Test Questions Bank for a particular subject shall be replenished within sixty (60) days from the release of the results of examination with at least three hundred (300) questions every after examination until the bank has two thousand (2000) questions in which case the replenishment shall be equal to the number of questions extracted. The correction of the answer sheets of the examinees shall be done by the computers.
Registration and Issuance of Certificate of Registration and Professional License
Section 29. Registration of Successful Examinees. — All examinees who passed the licensure examination for Geodetic Engineers shall, unless specifically deferred for cause by the Board and the Commission, be registered after taking the oath of a professional and payment of the required fees.
Section 30. Issuance of the Certificate of Registration and Professional License. — Upon compliance with the requirements for registration, the name and signature of the Geodetic Engineer shall be entered in the Roll of Geodetic Engineers and shall be issued a certificate of registration and professional license.
The Certificate of Registration of a professional Geodetic Engineer shall bear the signatures of the Chairman of the Board and the Chairman of the Professional Regulation Commission and stamped with the official seal of the Board indicating that the person named therein is a registered Geodetic Engineer.
A professional license bearing the registration number, date of issuance, expiry date and duly signed by the Chairman of the Board and the Chairman of the Commission shall likewise be issued to every registrant upon payment of the professional fees.
Section 31. Renewal of Professional License. — The professional license issued to a geodetic engineer shall be valid for three (3) years and, unless the holder thereof is exempt from CPE requirement, shall be renewed every three (3) years on the birth month of the geodetic engineer upon presentation of the required Continuing Professional Education (CPE) credit units earned and payment of the fees for the period of the license.
Section 32. Lifting of Deferment of Registration. — If the case/s of deferment of the registration of the successful examinee has/have been complied with, the said examinee shall be allowed to register as Geodetic Engineer after taking the professional oath and payment of the required fees.
Section 33. Automatic Registration of Practicing Geodetic Engineers. — All practicing Geodetic Engineers who are registered at the time R.A. No. 8560 took effect shall be automatically registered without payment of registration fees and shall be authorized to continue practicing the Geodetic Engineering profession, provided, that their licenses have not expired.
Those Geodetic Engineers registered with the Board and the Commission under R.A. 4374, as amended, who are delinquent in the payment of their license fees at the time R.A. No. 8560 took affect shall likewise be automatically registered only upon payment of their delinquent license fees including penalties/surcharges. They shall continue to practice Geodetic Engineering only upon issuance of their renewed professional license.
Section 34. Temporary Removal from the Roll of Geodetic Engineers. — A Geodetic Engineer who has been delinquent in the payment of his annual license fees for five (5) consecutive years or more from the year it was paid shall, after due process has been observed, be dropped from the Roll of Geodetic Engineers for not having been in good standing and may be reinstated only upon application and payment of the delinquent license fees and surcharge and the fee for the registration without examination.
Official Seal of the Board and Seal of the Geodetic Engineers
Section 35. Official Seal of the Board. — The Board shall adopt its official seal.
Section 36. Seal of the Geodetic Engineer. — Each registrant shall, upon registration, obtain the seal of such design as the Board of Geodetic Engineering may adopt: Provided, however, that the present design shall continue to be used until a new design shall have been approved by the Board for adoption.
Plans and specifications prepared by or under the direct supervision of a registered Geodetic Engineer shall be stamped with said seal during the validity of the professional license.
Section 37. Indication of License and Privilege Tax Receipt. — The Geodetic Engineer shall indicate his professional license number, the expiry date of his license including the number of his privilege tax receipt on the documents he signs, uses or issues in connection with the practice of his profession.
Administrative Proceedings
SECTION 38. Administrative Investigations. — The Board shall conduct investigations of cases filed by aggrieved parties against registered Geodetic Engineers with the assistance of the legal/hearing officers of the Commission in accordance with the pertinent provisions of the "Rules and Regulations Governing the Regulation and Practice of Professionals", as amended, issued by the Commission. The Revised Rules of Court shall be suppletory to said Rules.
Section 39. Grounds for Suspension or Revocation of Certificates. — The Board may, after due notice and hearing, suspend or revoke the certificate of registration and license of a registered Geodetic Engineer or the registration certificate or temporary/special permit issued to foreign professionals allowed by law to practice geodetic engineering in the Philippines upon any of the following grounds:
- Use of perpetration of any fraud or deceit in obtaining a certificate of registration
- Incompetence
- Negligence
- Abetment of the illegal practice of Geodetic Engineering
- Certificate of registration obtained through misrepresentation made in the application for examination
- Violation of any of the provisions of R.A. No. 8560
- Violation of the Rules and Regulations implementing R.A. No. 8560
- Violation of the policies of the Board
- Violation of the Code of Ethics for Geodetic Engineers
Report on the Performance of Candidates in Licensure Examinations
Section 40. Report of the Board. — The Board shall, with the assistance of the Public Information and Statistics Section of the Professional Regulation Commission, prepare a report on the performance of the examinees of schools, colleges or universities in the licensure examinations. The Board thru the Commission may recommend to the Commission on Higher Education the following:
(1) The monitoring of schools, colleges and universities, whether public or private, whose successful examinees in three (3) consecutive licensure examinations in Geodetic Engineering is less than five percent (5%) of the total number of its candidates who took the said licensure examinations;
(2) The publication of the names of schools, colleges or universities whose successful examinees in five (5) successive licensure examinations in Geodetic Engineering is less than five percent (5%) of the total number of examinees of said schools, colleges or universities in each of the said licensure examination taken; and
(3) The closure of the course/program.
Registration With or Without Examination and/or Issuance of Temporary Special Permit to Foreigners or Foreign Professionals
Section 41. Applicability of the Guidelines Promulgated by the Commission. — The "Guidelines for the Registration of Foreign Professionals Allowed by the Laws to Practice the Regulated Professions in the Philippines," as amended, promulgated by the Professional Regulation Commission on January 20, 1998 shall be applicable to foreign geodetic engineers allowed by law to practice the profession in the Philippines.
The Board of Geodetic Engineering shall issue Rules and Regulations providing for the procedure for the registration with or without examination of or issuance of temporary or special permits to foreigners or foreign professionals allowed by the various laws to practice the regulated professions in the Philippines.
Prohibition, Enforcement and Penalties
Section 42. Prohibitions. — (a) No person shall practice Geodetic Engineering in the Philippines unless such person shall have secured a license to practice Geodetic Engineering in the manner provided in R.A. No. 8560.
(b) No person shall stamp or seal any document with the seal of a registrant after his professional license has expired or lost its validity unless he has been reinstated to the practice and/or unless his license has been renewed.
(c) No officer or employee of the government, chartered cities, provinces and municipalities now or hereafter charged with the enforcement of laws, ordinances or regulations relating to all Geodetic Engineering practices shall accept or endorse any survey plans or documents which have not been prepared and submitted in full accord with the provisions of R.A. 8560 nor shall any payment be approved by any such officer for any work, the plans and documents of which have not been so prepared, signed and sealed by a duly licensed Geodetic Engineer.
(d) No Geodetic Engineer shall sign his name, affix his seal or use any other method of signature on plans, specifications or other documents made by or under another Geodetic Engineer's supervision unless the same is made in such manner as to clearly indicate the part of such work actually performed by him and no person, except the Geodetic Engineer in charge, shall sign for any branch of work or any function of Geodetic Engineering practice not actually performed by him.
(e) No other person or government entity should go over the work of the Geodetic Engineer unless found grossly defective in connection with other works for which an investigation committee shall thereby be created and commissioned by the Professional Regulation Commission.
(f) No firm, company, partnership, association or corporation may be registered or licensed as such for the practice of Geodetic Engineering.
Section 43. Enforcement. — Without prejudice to the enforcement of the penal provisions of R.A. No. 8560 by the duly constituted officers of the law of the national, provincial, city and municipal governments, the Commission through its hearing officers shall conduct investigations on complaints under oath filed by aggrieved persons on any violation of the penal or prohibitory provisions of R.A. No. 8560 and, if the evidence adduced so warrant, shall forward the records of the case to the office of the city or provincial prosecutor of the offender/violator.
The Commission may also refer the case to the Board for hearing with the assistance of the hearing/legal officers of the Commission if the offender would likewise be liable for administrative sanctions.
Section 44. Penalties. — In addition to the administrative sanctions, any person who violates any of the provisions of R.A. No. 8560 shall, upon conviction, 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 six (6) years, or both such fine and imprisonment, at the discretion of the court.
Integration of Geodetic Engineers
Section 45. Integration of Geodetic Engineers. — All registered Geodetic Engineers under R.A. No. 4374 shall be integrated into one national organization of Geodetic Engineers which shall be accredited by the Board and the Commission and recognized as the one and only accredited association of Geodetic Engineers.
Upon registration with the Board, every professional Geodetic Engineer shall automatically become a member of the accredited integrated Association of Geodetic Engineers, without prejudice to their becoming members of other associations of Geodetic Engineers.
Geodetic Engineers who have been registered with the Board but are not members of the accredited integrated association of Geodetic Engineers at the time of effectivity of R.A. No. 8560 shall be allowed to register as members of the said organization within three (3) years after the effectivity of said Act.
Miscellaneous Provisions
Section 46. Annual Report. — The Board shall, at the close of each calendar year, submit an annual report to the President of the Philippines, through the Professional Regulation Commission, giving detailed account of its proceedings and accomplishments during the year and make recommendations for the adoption of measures that will upgrade and improve the conditions affecting the practice of Geodetic Engineering in the Philippines.
Section 47. Teaching of Geodetic Engineering Subjects. — Engagement in the transfer of the knowledge and technology of geodetic engineering in any institution is practice of geodetic engineering; hence, only registered and licensed Geodetic Engineers shall be allowed to teach geodetic engineering subjects which are covered by the licensure examination for Geodetic Engineers.
Section 48. Continuing Professional Education (CPE). — The Board may prescribe guidelines in the implementation of its Continuing Professional Education programs subject to the approval of the Commission.
Transitory Provisions
Section 49. Existence of Board of Geodetic Engineering under R.A. No. 4374. — The present Board of Geodetic Engineering shall continue to function in the interim until such time as the new Board shall be constituted pursuant to R.A. No. 8560.
Section 50. Examination for Junior Geodetic Engineers. — No licensure examination for Junior Geodetic Engineers shall be given and administered by the present and the incoming board after the effectivity of R.A. No. 8560.
Section 51. Status of Incumbent Junior Geodetic Engineers. — Incumbent Junior Geodetic Engineers may continue to practice as such Junior Geodetic Engineers for a period of five (5) years from the effectivity of R.A. No. 8560; provided that such practice shall be limited to the performance of the following acts:
(a) Execute original survey of residential, industrial, commercial or agricultural land not exceeding three (3) lots with an aggregate area of not exceeding one hectare; or
(b) Executive subdivision survey of simple subdivision, or consolidation-subdivision not exceeding three (3) lots with an aggregate area of not exceeding one hectare; or
(c) Conduct topographic and hydrographic surveys of areas not exceeding five hectares each; or
(d) Prepare and sign location plan (LP), special plan (SP), and survey plan required under paragraphs (a), (b) and (c) hereof.
Provided, that lands or areas adjoining those covered under paragraphs (a), (b), and (c) above shall not be surveyed within one year after the execution or approval of said plans by the same junior geodetic engineer; provided, further that subdivision plans as provided under paragraph (b) above shall not be further subdivided by the same junior geodetic engineer within one year after its approval and provided, finally, that junior geodetic engineers who are working under the supervision of geodetic engineers either with the government or private firms or partnerships can execute land surveys or phases thereof free from the above limitations, provided, that he shall sign only the field notes and the corresponding survey plan shall be signed by a geodetic engineer.
Said Junior Geodetic Engineers shall have the same period of five (5) years from the effectivity of said Act within which they are required to finish the Bachelor of Science in Geodetic Engineering course to qualify them to take the Geodetic Engineer Licensure Examination.
Separability and Effectivity Clauses
Section 52. Separability Clause. — If any section, paragraph, provision, clause or part thereof shall be declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair any other part hereof but such judgment shall merely be confined to the section, paragraph, provision, clause or part directly involved in the controversy upon which such judgment has been rendered.
Section 53. Effectivity. — This Rules and Regulations shall take effect after thirty (30) days from its publication in full in the Official Gazette or in a newspaper of general circulation whichever comes earlier.
Adopted: 25 Sept. 1998
Chairman
(SGD.) JULIUS U. CALINA
(SGD.) VICTOR J. ANCHETA
Members
Attested:
(SGD.) CARLOS G. ALMELOR
Secretary, Professional Regulatory Boards
Approved:
(SGD.) HERMOGENES P. POBRE
Chairman
(SGD.) ALFONSO G. ABAD
(SGD.) AVELINA DELA REA-TAN
Commission Members