REPUBLIC ACT NO. 8560
AN ACT REGULATING THE PRACTICE OF
GEODETIC ENGINEERING IN THE PHILIPPINES
ARTICLE I
TITLE
SECTION 1. Title. — This Act shall be known as the "Philippine
Geodetic
Engineering Act of 1998."
ARTICLE II
DEFINITION OF TERMS
SECTION 2. Definition of terms. —
(a) Practice of geodetic engineering — The 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 systems,
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, isostacy,
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;
(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 system;
(11) Survey to determine and establish line and grade for the
construction of buildings and other structures and its attachments;
(12) Construction 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
instruments;
(15) Engagement in the transfer of the knowledge and technology of
geodetic engineering in any institution of learning;
(b) Geodetic Engineer — A Geodetic Engineer is a natural
person who has been
issued a Certificate of Registration by the Board of Geodetic
Engineering and
has taken the Oath of Profession of Geodetic Engineers.
ARTICLE III
BOARD OF GEODETIC ENGINEERING
SECTION 3. 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 the order of preference and
submitted by the
duly integrated and accredited association of geodetic engineers.
The Board
shall be organized not later than six (6) months from the
effectivity of this
Act.
SECTION 4. Qualifications of Members of the Board. — A member
of the Board
shall, at the time of his appointment, possess the following
qualifications:
(a) Natural born citizen and resident of the Philippines;
(b) Must be at least forty (40) years of age;
(c) A registered Geodetic Engineer with a valid professional
license
and an active practitioner in Geodetic Engineering for not less
than
ten (10) years prior to appointment;
(d) Must not be a member of the faculty of any school, academy,
institute, college or university where a regular course in Geodetic
Engineering is being taught, nor have pecuniary interest in or
administrative supervision over any such institution of learning;
(e) Must not, for a period of three (3) consecutive years prior to
appointment, be connected with a review center or with any group or
association where review classes or lectures in preparation for the
licensure examination are offered or conducted at the time of
appointment; and
(f) Must not have been convicted of any offense involving moral
turpitude.
SECTION 5. Term of office. — The members of the Board shall
hold office for a
term of three (3) years and until their successors shall have been
appointed
and qualified. Of the members of the Board first appointed under
this Act,
one (1) member shall be appointed and hold office for three (3)
years; and
one (1) member for two (2) years, one (1) member for one year.
The Chairman or member of the Board may be reappointed for another
term but
in no case shall he serve continuously for more than six (6) years.
Each
member of the Board shall qualify by taking the proper oath of
office prior
to entering upon the performance of duties.
SECTION 6. Compensation of the board members. — The Chairman
and members of
the Board shall receive compensation and allowances comparable to
the
compensation and allowances received by existing regulatory boards
with the
Professional Regulation Commission (PRC), hereinafter referred to
as the
Commission, as provided for in the General Appropriations Act.
SECTION 7. Vacancy and removal of board members. — Any vacancy
occurring in
the membership of the Board within the term of a member shall be
fined for
the unexpired portion of the term only. The President may remove
any member
of the Board, upon the recommendation of the Commission, on the
following
grounds:
(a) Neglect of duty or incompetence;
(b) Violation or tolerance of the violation of this Act or the Code
of
Ethics for geodetic engineers; and
(c) Final judgment of a crime involving moral turpitude.
He shall be given due notice and hearing where his right to be
heard and to
defend himself, assisted by counsel, shall be respected in a proper
administrative investigation. The Commission's decision may be
appealed
within fifteen (15) days from written notice, to the President,
whose
decision shall be final and executory.
SECTION 8. Powers and duties of the board. — The Board shall
exercise the
following specific powers, functions, duties and responsibilities:
(a) To promulgate and adopt the rules and regulations necessary for
carrying out the provisions of this Act;
(b) To supervise the examination, registration, licensure and
practice
of Professional Geodetic Engineering in the Philippines;
(c) To administer oaths in connection with the successful examinees
entering the practice of Geodetic Engineering;
(d) To issue the Certificate of Registration to successful
examinees;
(e) To issue, suspend or revoke the license for the practice of the
Geodetic Engineering profession;
(f) To adopt an official seal of the Board;
(g) To look into the conditions affecting the practice of Geodetic
Engineering profession 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;
(h) To ensure in coordination with the Commission on Higher
Education
(CHED), that all educational institutions offering Geodetic
Engineering
education comply with the policies, standards and requirements of
the
course prescribed by CHED in the areas of curriculum, faculty,
library
and facilities;
(i) To prescribe and/or adopt a Code of Ethical and Professional
Standards for the practice of the Geodetic Engineering profession;
(j) To hear and try administrative cases involving violations of
this
Act, its implementing rules and regulations, the Code of Ethics for
professional Geodetic Engineers and for this purpose, to issue
subpoena
and subpoena duces tecum to secure the appearances of witnesses and
the
production of documents in connection therewith;
(k) To prescribe guidelines in the Continuing Professional
Education
(CPE) program in coordination with the integrated and accredited
association for professional Geodetic Engineers;
(l) To prepare, adopt issue or amend the syllabi of the subjects
for
examination;
(m) To approve, issue, limit or revoke temporary license to
practice
Geodetic Engineering; and
(n) Discharge such other duties and functions as may be deemed
necessary for the enhancement of the Geodetic Engineering
profession
and the upgrading, development and growth of Geodetic Engineering
education in the Philippines.
SECTION 9. Supervision of the Board, custodian of its records,
secretariat
and support services. — The Board shall be under the administrative
supervision of the Commission. All records of the Board, including
the
application for examination, examination papers and results,
minutes of
deliberation, administrative cases and other investigations
involving
Geodetic Engineers shall be kept by the Commission.
The Commission shall designate the Secretary of the Board and shall
provide
the secretariat and other support services to implement the
provisions of
this Act.
SECTION 10. 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
recommendation for
the adoption of measures that will upgrade and improve the
conditions
affecting the practice of Geodetic Engineering in the Philippines.
ARTICLE IV
EXAMINATION , REGISTRATION AND LICENSE
SECTION 11. Examinations required. — All applicants for
registration for the
practice of Geodetic Engineering shall be required to undergo and
pass a
written technical examination as provided for in this Act.
SECTION 12. Qualifications of applicant for examination. —
Every applicant
for examination shall establish the following:
(a) That he is a citizen of the Philippines; and
(b) That he is a graduate of Bachelor of Science in Geodetic
Engineering in a school, academy, institute or college duly
recognized
by the Government.
SECTION 13. Fraudulent application. — The Board may suspend
or revoke a
Certificate of Registration obtained through misrepresentation made
in the
application for examination.
SECTION 14. Scope of examination. — The examination for
Geodetic Engineering
shall basically corer the following subjects:
(1) Mathematics;
(2) Theory and Practice of Surveying;
(3) Property Surveying including Isolated, Cadastral, Mineral and
Mining Surveys;
(4) Cartography and Photogrammetry;
(5) Geodesy, Geodetic Surveying and Least Squares;
(6) Engineering Surveys and Construction Surveying;
(7) Laws on Natural Resources including Laws on Property, Land
Registration and Agrarian Reform;
(8) Laws on Obligations and Contracts;
(9) Code of Ethics of the Profession.
The said subjects and their syllabi may be amended by the Board so
as to
conform to technological changes brought about by continuing trends
in the
profession.
SECTION 15. Rating in the board examinations. — To be
qualified as having
passed 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 given subject. However, an examinee
who
obtains a weighted general average rating of seventy percent (70%)
or higher
but obtains a rating below fifty-five percent (55%) in any given
subject must
take the examination in the subject or subjects where he obtained a
grade
below fifty-five percent (55%).
SECTION 16. 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. Upon the release of
the results
of the examination, the Board shall send by mail the rating
received by each
examinee at his given address using the mailing envelope submitted
during the
examination.
SECTION 17. 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.
SECTION 18. Oath. — All successful candidates in the
examination shall be
required to take an oath of profession before the Board or any government
official authorized to administer oaths, prior to entering upon the
practice
of the Geodetic Engineering profession.
SECTION 19. Certificate of registration and professional
license. — A
Certificate of Registration shall be issued to applicants who pass
the
examination for Geodetic Engineers subject to payment of
registration fees.
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, shall
likewise be
issued to every registrant, upon payment of the professional fees.
No person
shall practice Geodetic Engineering in this country unless such
person shall
have secured a license to practice Geodetic Engineering in the
manner herein
provided. A licensee is entitled to practice the profession with
all the
privileges appurtenant thereto until the expiration of the validity
of his
license.
SECTION 20. Seal and use of seal. — (a) Each registrant
shall, upon
registration, obtain the seal of such design as the Board of
Geodetic
Engineering may adopt. 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. 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.
(b) 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 this
Act, 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.
(c) 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. The Geodetic Engineer in charge shall be
fully
responsible for all plans, specifications and other documents
issued under
his seal or authorized signature.
The Board shall formulate, adopt and promulgate all necessary rules
and
regulations for the effective implementation of the provisions
relating to
the design of the seal, the signing and sealing of drawings,
specifications,
reports and other documents by Geodetic Engineers.
(d) Plans and documents duly signed, stamped or sealed as
instruments of
service are the property and documents of the Geodetic Engineer, if
the same
has not been accepted and/or paid.
SECTION 21. Indication of License and Professional Tax Receipt. —
The
Geodetic Engineer shall be required to indicate his professional
license
number, the duration of validity, including the professional tax
receipt
number on the documents he signs, uses or issues in connection with
the
practice of his profession.
SECTION 22. Grounds for suspension and revocation of license,
cancellation of
temporary/special permit. — The Board shall have the power, upon due
notice
and hearing, to revoke or suspend the license of a Geodetic
Engineer, or to
cancel a temporary/special permit for any cause specified in the
proceeding
sections, including but not limited to: the use or perpetration of
any fraud
or deceit in obtaining a certificate of registration, or for
incompetence,
negligence, or for abetment of the illegal practice of Geodetic
Engineering;
violation of the provisions of this Act, its implementing rules and
regulations and/or violation of the policies of the Board including
the Code
of Ethics for Geodetic Engineers: Provided, however, That such
action of the
Board shall be subject to appeal to the Commission, within fifteen
(15) days
from written notice.
ARTICLE V
PRACTICE OF GEODETIC ENGINEERING
SECTION 23. Vested rights: automatic registration of practicing
geodetic
engineers. — All practicing Geodetic Engineers who are registered at the time
this Act takes effect, shall automatically be registered.
SECTION 24. Practice not allowed for firms and corporations. —
The practice
of Geodetic Engineering is a professional service, admission to
which shall
be determined upon the basis of an individual's personal
qualifications, for
which the Geodetic Engineer is responsible for the correctness of
the survey
work. 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.
No firm, company, partnership, association or corporation may be
registered
or licensed as such for the practice of Geodetic Engineering: Provided,
however, That
persons properly registered and licensed as Geodetic Engineers
may among themselves or with a person or persons properly
registered and
licensed as Geodetic Engineer, may form and obtain registration
with the
Securities and Exchange Commission (SEC) of a firm, partnership or
association using the term "Geodetic Engineers," but
nobody shall be a
member, partner or associate unless he is a duly registered and
licensed
Geodetic Engineer, and the members who are Geodetic Engineers shall
only
render work and services proper for a Geodetic Engineer as defined
in this
Act.
SECTION 25. Integration of the geodetic engineering profession. —
The
Geodetic Engineering profession shall be integrated into one (1)
national
organization which shall be recognized by the Board and by the
Commission as
the one and only integrated and accredited Association of
Professional
Geodetic Engineers.
Upon registration with the Board, every professional Geodetic
Engineer shall
automatically become a member of the integrated and accredited
national
organization and shall receive the benefits and privileges
appurtenant
thereto. Those who have been registered with the Board but not
members of the
said integrated and accredited organization at the time of the
effectivity of
this Act, shall be allowed to register as members of the said
organization
within three (3) years after the effectivity of this Act.
Membership in the
integrated and accredited organization shall not be a bar to
membership in
other associations of the Geodetic Engineering profession.
SECTION 26. Foreign reciprocity. — No foreign Geodetic
Engineer shall be
issued a temporary license to practice the Geodetic Engineering
profession or
consultancy thereof or be entitled to any of the rights and
privileges under
this Act unless the country of which he is a subject or citizen
specifically
permits Filipino Geodetic Engineers to practice within its
territorial limits
on the same basis as the subjects or citizens of such foreign state
or
country.
ARTICLE VI
GENERAL PROVISIONS
SECTION 27. Implementing rules and regulations. — Subject to
the approval of
the Commission, the Board shall adopt and promulgate such rules and
regulations, including the Code of Ethics for Geodetic Engineers,
to carry
out the provisions of this Act, which shall be effective after
thirty (30)
days following their publication in the Official Gazette or in a
major daily
newspaper of general circulation.
SECTION 28. Funding. — Such sums as may be necessary to
carry out the
provisions of this Act shall be included in the General
Appropriations Act of
the year following its enactment into law and thereafter: Provided,
however,
That fifty percent (50%) of the fees derived from examination,
registration
and licenses shall be utilized by the Board to defray its
administrative and
other operational expenses, including the enhancement of the
Geodetic
Engineering profession.
SECTION 29. Enforcement. — The Professional Regulation
Commission shall be
the enforcement agency of the Board. As such, the Commission shall
implement
the provisions of this Act, enforce its implementing rules and
regulations as
adopted by the Board, conduct investigations upon complaints,
including
violations of the Code of Conduct of the profession and prosecute
when so
warranted.
SECTION 30. Transitory provisions. — (a) The existing Board
of Geodetic
Engineering shall continue to function in the interim until such
time as the
new Board shall be duly constituted pursuant to this Act.
(b) Examination for Junior Geodetic Engineers shall cease to be
conducted
upon effectivity of this Act;
(c) Incumbent Junior Geodetic Engineers may continue to practice as
such for
a period of five (5) years from effectivity of this Act, within
which they
shall be required to finish the Bachelor of Science in Geodetic
Engineering
course, the completion of which shall qualify them to take the
Geodetic
Engineer Licensure Examinations.
SECTION 31. Penalties. — In addition to the administrative
sanctions, any
person who violates any of the provisions of this Act 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.
SECTION 32. Separability clause. — If any clause, provision,
paragraph or
part hereof 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 clause, provision,
paragraph or part
directly involved in the controversy upon which such judgment has
been
rendered.
SECTION 33. Repealing clause. — Republic Act No. 4374,
Presidential Decree
Nos. 202 and 335 are hereby repealed. All other laws, decrees,
executive
orders and other administrative issuances and parts thereof which
are
inconsistent with the provisions of this Act are hereby modified,
superseded
or repealed accordingly.
SECTION 34. Effectivity. — This Act shall take effect
fifteen (15) days
following its publication in the Official Gazette or major daily
newspaper of
general circulation in the Philippines, whichever is earlier.
Approved:
February 26, 1998
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