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Sunday, October 7, 2012

Geodetic Engineer's of the Philippines Inc. (GEPI) Constitution and By Laws



GEODETIC ENGINEERS OF THE PHILIPPINES, INC. 

INTEGRATED AND ACCREDITED PROFESSIONAL ORGANIZATION
(Under R.A. No. 8560, Article V, Section 25)

AMENDED CONSTITUTION AND BY-LAWS 

ARTICLE I - NAME, DOMICILE, OBJECTIVES AND PROGRAM THRUSTS

Section 1. Name of Organization. The name of this Organization shall be the “GEODETIC ENGINEERS OF THE PHILIPPINES INCORPORATED.”

Section 2. Domicile. The official domicile shall be in Metropolitan Manila, 
Philippines.

Section 3. Objectives. The objectives consistent with the purposes provided in the 
Association shall be as follows:

(a) To administer a duly integrated and government accredited national organization of Geodetic Engineers;

(b) To foster the advancement of knowledge, and the practice of geodetic engineering;

(c) To foster and maintain on the part of its members high ideals of moral and professional integrity, conduct, learning and professional competence;

(d) To safeguard professional interest of members;

(e) To foster and strengthen close relationship with national and international professional, technical, academic and scientific groups;

(f) To foster and cultivate closer fellowship and camaraderie among members; and

(g) To cooperate closely with government, non-governmental organizations and other civil society groups in carrying out national development programs and projects.


Section 4. Program Thrusts. The program thrusts of the Association are as follows:

(a) To organize, operate and maintain a duly integrated and government accredited national organization of Geodetic Engineers 

(b) Formulate, develop and implement continuing and competency-based education and training programs;

(c) Enforce the Code of Ethics duly adopted by the organization;

(d) Formulate and adopt standards of practice of geodetic engineering;

(e) Forge and maintain partnership with government, non-governmental organizations and other civil society groups in carrying out national development programs and projects;

(f) Prepare and disseminate learning and other information materials relevant to the practice of the profession and updates on government policies;

(g) Acquire assets needed in pursuit of the objectives of the Association;

(h) Promote and develop programs beneficial to the members; and 

(i) Other thrusts consistent with the objectives as defined under Section 3 of this Article.

ARTICLE II - MEMBERSHIP

Section 1. New Members. Upon registration with the Professional Regulation Commission (PRC), a Geodetic Engineer shall automatically become a member of the organization pursuant to the provisions of Republic Act (RA) No. 8560, as amended by RA No. 9200. The oath of membership shall be made in a manner duly prescribed by the Board of Governors.

Section 2. Application for Membership. Duly registered Geodetic Engineer shall file application for membership preferably at the Regional Division where his/her domicile or principal place of business is located.

Section 3. Types of Membership. There shall be two (2) types of membership in the Association. These are as follows:

(a) Regular members are those duly registered Geodetic Engineers;

(b) Honorary members are those Geodetic Engineers or non-Geodetic Engineers who have rendered significant roles in the advancement of the profession and those who made remarkable contributions to the industry in pursuance to the objectives of the Association. 

Section 4. Member of Good Standing or Active Member. A member of good standing or active member is one who: 

(a) Is a holder of a valid Professional Regulation Commission (PRC) Identification Card;
(b) Has attained at least twenty (20) accumulated Continuing Professional Education (CPE) credit points per year and has attended at least two (2) out of four (4) conventions, namely; Chapter Assembly, Regional Convention, Area Assembly and National Convention;

(c) Settled all financial obligations such as, but not limited to, annual dues, contributions, building maintenance fund and GEP survey fees as defined by the organization; 

(d) Not found guilty of any administrative and judicial charges by authorized entities or courts of law; and 

(e) Not found guilty of any violations of the provisions of the Constitution and By-Laws, Code of Ethics, Code of Geodetic Engineering, standards of practice of geodetic engineering, and other existing rules and regulations of the organization.

A member may be issued a Certificate of Good Standing by the Regional Division concerned upon compliance with the above-cited requirements, using the official form formulated by the National Board. The Certificates shall be signed or attested to by the National President or his duly authorized representative.

Section 5. Suspension of Membership. Suspension of membership shall be governed by the following:

a. The Regional Board of Directors, after due notice and hearing, may suspend any member within the Division by two-thirds (2/3) votes in a meeting called for that purpose where a quorum is present on the following grounds:

1. Violation as defined under Section 4;
2. Conviction of an offense involving moral turpitude;
3. Violation of Code of Ethics and 
4. Other acts inimical to the organization 

However, such decision of the Regional Board of Directors may be appealed and shall be subject to the review of the Board of Governors; 

b. The Board of Governors may suspend any officer of the Regional Board of Directors, after due notice and hearing, for any violation under Section 4 and or conviction of an offense involving moral turpitude, violation of the Code of Ethics and other acts inimical to the organization. 

Section 6. Reinstatement of Membership. A member may be reinstated by the Regional Board of Directors or by the Board of Governors upon formal application and compliance with all requirements as defined under Section 4 and payment of reasonable fees that may be imposed by the Regional Division.

ARTICLE III - ORGANIZATIONAL STRUCTURE

Section 1. Levels of Organizational Structure. The organization shall consist of three (3) structural levels, namely: National Directorate, Regional Divisions and Area Assemblies. The Regional Divisions shall form and administer Provincial and or City Chapters and shall establish a student Chapter, composed Geodetic Engineering students;

Section 2. Recognition and Accreditation of Other Associations. As the duly integrated accredited national organization of registered Geodetic Engineers, the GEP may recognize and accredit other associations or groups engaged in specific branch or field of geodetic engineering.

Section 3. Administrative Coverage of Regional Divisions. The administrative coverage of the Regional Divisions shall be as defined based on the Integrated Reorganization Act of 1972 and other subsequent laws, or as may be determined by the Board of Governors subject to the ratification of the National Directorate. 

(a) The Regional Division shall be composed of the members of the organization whose domicile and/or principal place of business are/is located within the confines of a particular region, or foreign country as above defined in Section 3 hereof; and

A Special Regional Division shall be composed of Overseas Filipino Geodetic Engineers;

(b) A City and or Provincial Chapter shall be composed of the members of the organization whose domicile and/or principal place of business are/is located within a particular City/Province. Likewise, a Student Chapter shall be composed of students enrolled in a school (college or university) offering Bachelor of Science in Geodetic Engineering subject to the Policy of the School;

Section 4. Area Assemblies. There shall be four (4) Area Assemblies whose administrative coverage are as follows:

(a) North Luzon Area Assembly comprising of Regional Divisions I, II, III, and CAR;

(b) South Luzon Area Assembly comprising of Regional Divisions IV, V, and NCR;

(c) Visayas Area Assembly comprising of Regional Divisions VI, VII, and VIII; and

(d) Mindanao Area Assembly comprising of Regional Divisions IX, X, XI, XII and XIII and ARMM.

Section 5. Composition of National Directorate. The National Directorate shall be composed of the following:

(a) Board of Governors;

(b) Past National Presidents;

(c) Area Chairpersons; and

(d) Official voting delegates of the Regional Divisions.

Each Regional Division shall be entitled to three (3) delegates for the first 50 members, plus one (1) delegate for every 20 in excess of 50. All these delegates must be holders of certificates of good standing. The regional Presidents must submit to the National Board, the list of its members in good standing, who paid their annual dues, at least 30 days before the scheduled National Directorate meeting. This is to determine in advance the number of delegates as a matter for determining the existence of a quorum. 

Section 6. Council of Past Presidents. The council of Past Presidents at the National and Regional levels shall be organized and shall serve as an advisory group.

ARTICLE IV – DELEGATION OF POWERS

Section 1. Legislative Powers. The legislative powers of the organization shall be vested in the National Directorate.

Section 2. Executive Powers. The executive powers of the organization shall be vested in the National Board of Governors.

Section 3. Application of Policies. Policies of local application affecting only a particular Area or Region shall be framed and promulgated by the concerned Area Assembly and/or Regional Division, consonant with the general policies promulgated by the National Directorate.

Section 4. Policy Manual. A Policy Manual shall be prepared, amended and promulgated by the Board of Governors, through proper consultation with the Area Council, Board of Directors, Provincial and City Chapters, subject to the ratification by the National Directorate. 

ARTICLE V - OFFICERS AND THEIR DUTIES

Section 1. Board of Governors. The corporate powers of the Organization shall be exercised, its business conducted, and its properly controlled and administered by a Board of Governors, which shall be composed of seventeen (17) members who shall be elected at the annual meeting of the National Directorate in the following proportion based on proportional representation but in no case lees than three (3) Governors from North Luzon Area, five (5) Governors from South Luzon, two (2) Governors from Visayas Area, three (3) Governors from Mindanao Area, and the four (4) Area Assembly Chairman, provided however, that the ratio of representation of the private and public sector shall be thirteen (13) and four (4) Governors respectively. 

Section 2. National Executive Officers. The Board of Governors shall elect from among themselves a President who shall act as concurrent Chairman of the Board, an Executive Vice-President, Vice-President for North Luzon, Vice-President for South Luzon, Vice-President for Visayas, Vice-President for Mindanao, an Auditor, an Executive Secretary, a Treasurer and a Public Relations Officer. The Officers shall be elected by the new Board of Governors after the election of the members of the Board. 

Section 3. Duties and Responsibilities of the Board of Governors. The duties of the Board of Governors shall be as follows:

(a) The National President shall act as the Chief Executive Officer of the Association. As maybe delegated to him by the Board of Governors, he/she shall preside as Chairman in all meetings of the Board and National Directorate. He/she shall execute all resolutions of the Board. He/she shall have the general supervision of the internal and external affairs and management of assets and properties of the organization, and over its several officers and employees. He/she shall submit to the Board as soon as possible after the close of each fiscal year, and to the National Directorate at each annual meeting, a complete report of the operations of the organization for the proceeding administrative year;

(b) The National Executive Vice-President shall have such powers and perform such duties as the Board of Governors may from time to time prescribe. In case of absence or inability of the President, the Executive Vice-President shall exercise the powers and discharge the duties of the President;

(c) National Vice-Presidents for North Luzon, South Luzon, Visayas and Mindanao. The Vice-Presidents for each Area shall act as the official representatives of all regional divisions and chapters within their respective areas of jurisdiction; 

(d) The National Executive Secretary shall keep the minutes of all meetings of the National Directorate and the Board of Governors, and of all committees, in a book kept for that purpose. He/she shall keep the official seal of the organization, and when authorized by the Board of Governors, to affix such seal to any document or instrument requiring the same. He/she shall keep a roster and directory of all members and a record of all the activities of the organization. He/she shall prepare the agenda, send notices, handle the correspondence of the National Directorate and the Board of Governors and perform such other duties as the Board may assign;

(e) The National Treasurer shall be in charge of the funds, receipts, and disbursements of the organization upon direction of the National Board. He/she shall deposit all moneys and other valuables of the organization in such bank or banks as the National Board of Governors may designate. He/she shall render to the President and/or to the National Board of Governors, whenever required, an account of the latest financial status of the organization and of all transactions made by him as National Treasurer. He/she shall keep correct books of accounts of all transactions of the organization. All checks paid out or indorsed by the organization shall be signed by the Treasurer, countersigned by the President. He/she perform such other duties as the Board may assign; 

(f) The National Auditor shall, in conjunction with the monthly financial report of the National Treasurer, conduct a monthly audit of all the incomes, acquisitions, expenses, transaction and liabilities of the organization. He/she may render a report of his findings to the Board. He/she shall perform such other duties which the Board may assign;

(g) The National Public Relations Officer shall take charge of all the internal and external public relations matters with the end in view of getting wide publicity of all the activities of the organization and projecting a wholesome public image of the organization; and 

(h) The immediate Past National President shall be an ex-officio member of the Board of Governors, without voting powers.

Section 4. Area Assembly Council. The Area Council shall be composed of an Area Chairman, Vice-Chairman, Secretary, Treasurer and the different Presidents of the regional division within the Area. The Area Chairman and Vice-Chairman shall be elected from among the members attending the Assembly. The Secretary and Treasurer shall be appointed by the Area Chairman duly ratified by the Council members. The incumbent Area Chairman shall preside in the annual Assembly while the newly elected Chairman shall be the nominee in the election of the members of the Board of Governors in the succeeding National Directorate Meeting. The newly elected Area Chairman may appoint other officers necessary to ensure the success of the Area Assembly.

Section 5. Duties and Responsibilities of the Chairman and Vice-Chairman. The duties of the Chairman and Vice-Chairman of an Area Assembly shall be as follows:

(a) The Chairman shall be the presiding officer of the Area Assembly. He/she shall be responsible for the convening of the annual Area Assembly. He shall initiate and encourage inter-Regional Division meetings in order to cultivate constancy in the pursuit of attainment of the objectives of the Association. He/she shall submit a comprehensive report to the Board of Governors and the National Directorate covering the administrative year; and

(b) The Area Vice-Chairman of the Area Assembly shall assume all the duties and responsibilities of the office of Area Chairman in case of vacancy. 

Section 6. Regional Divisions. The management of the Regional Division shall be vested upon the Board of Directors. It shall be composed of 11 members who are elected during the annual regional meeting/convention of the Regional Division. The proportion shall be at most eight (8) from the private sector and at least three (3) from government sector. Chapter Presidents shall be automatic members of the Regional Board of Directors with full voting rights during meetings and deliberations. 

The elected members of the Board of Directors shall elect from among themselves a Regional President who shall act as Presiding Officer, a Regional Vice-President, a Regional Executive Secretary, a Regional Treasurer, a Regional Auditor, and a Regional Public Relations Officer. The immediate past Regional President shall be an ex-officio member of the Board of Directors. In case of vacancy in the office of the Regional President, the Regional Vice-President shall automatically assume the vacated office; in case of vacancy in any other office, the Board of Directors shall elect a successor from among the members of the Division to fill the vacancy. The Regional Division in any particular Area, through their Board of Directors, shall extend administrative and financial support to the Area Council in all efforts to ensure the successful convening of the Area Assembly.

Section 7. Duties and Responsibilities of the Board of Directors. The duties and responsibilities of the Office of the Regional Division shall be as follows: 

(a) The Regional President shall act as the Chief Executive Officer of the Regional Division. He/she shall preside in the meetings of the Board of Directors. He/she shall perform duties and responsibilities inherent in the Office of the Regional President. He/she shall submit annual and monthly progress reports covering the operations and activities of the Regional Division to the members of the Region, the Area Council, Board of Governors and National Directorate;

(b) The Regional Vice-President shall, in case of absence or inability of the Regional President, exercise the powers and discharge the duties of the President. He/she shall perform such other duties as the Board of Directors may assign from time to time; 

(c) The Regional Executive Secretary shall record and file the minutes of all the meetings of the Regional Division and the Board of Directors. He/she shall keep a roster and directory of all members and record of activities of the Regional Division. He/she shall prepare the agenda, send notices, handle correspondence of the Regional Division and the Board of Directors, and perform such other duties which the Board may assign;

(d) The Regional Treasurer shall act as the custodian of all funds and assets of the Division. He/she shall be responsible for the collection of all fees and dues from all members and all other accounts due and payable to the Regional Division. He/she shall keep and maintain a true, proper and accurate recording of all funds, assets, liabilities and other financial operations of the Division. He/she shall perform other duties which the Board may assign to him/her. He/she shall submit a monthly financial report to the Board; copy furnished the Board of Governors.

(e) The Regional Auditor shall conduct, in conjunction with the report of the Treasurer, a monthly audit of all the incomes, acquisitions, expenses and liabilities of the Division. He/she may render a report of his/her findings to the Board. He/she shall perform other duties which the Board may assign; and

(f) The Regional Public Relation Officers shall take charge of all internal and external public relation matters with the end in view of getting wide publicity of all the activities of the Regional Division and projecting a wholesome public image of the organization. 

Section 8. Provincial and City Chapters. The management of the City or Provincial Chapters shall be vested in a Board of Officers composed of eleven (11) members who shall be elected during its annual meeting, in the following proportion, to wit: eight (8) from the private sector and three (3) from the government sector. 

The elected members of the Board of Officers shall elect from among themselves a Chapter President, who shall act as the presiding officer, a Chapter Vice-President, a Chapter Executive Secretary, a Chapter Treasurer, a Chapter Auditor, and a Chapter Public Relation Officer. The immediate past Chapter President shall be an ex-officio member of the Chapter Board of Officers without voting rights. In case of vacancy in the Office of the Chapter President, the Chapter Vice-President shall automatically assume the vacated office; in case of vacancy in any other office, the Board shall elect from among the members of the Chapter the officer to fill the vacancy. The City or Provincial Chapter in any particular Division, through its Board of Officers shall extend administrative and financial support to the Regional President in the convening of the annual Regional Division meeting to ensure its success. 

Section 9. Duties and Responsibilities of the Chapter Officers.

(a) The Chapter President shall be the Chief Executive Officer of the City or Provincial Chapter. He/she shall preside in the meetings of the Board of Officers. He shall perform all the duties and functions inherent in the Office of the Chapter President. He/she shall submit an annual report on the operations and activities of the Chapter to the Chapter members on the last meeting before the expiration of the term of office of the Board of Officers;

(b) The Chapter Vice-President shall have such powers and perform such duties as the Board of Officers may from time to time prescribe. In case of absence or inability of the Chapter President, the Chapter Vice-President shall exercise the powers and discharge the duties of the President;

(c) The Chapter Executive Secretary shall record and file the minutes of all the meetings of the Chapter and the Board of Officers. He/she shall keep a roaster and directory of all the members and record of all the activities of the Chapter. He/she shall prepare the agenda, send notices, handle correspondence of the Chapter and the Board of Officers and perform other duties which the Board may assign;

(d) The Chapter Treasurer shall be the custodian of all the funds and properties of the Chapter. He/she shall be responsible for the collection of all fees and dues from all members and all other accounts due and payable to the Chapter. He shall keep and maintain a true, proper and accurate recording of all funds, assets and liabilities of the Chapter. He shall perform other duties, which the Board may assign. He/she shall submit a monthly financial report to the Board;

(e) The Chapter Auditor shall conduct a quarterly audit of all the incomes, acquisitions, expenses and liabilities of the Chapter. He/she shall submit a quarterly report of his findings to the Board. He/she shall perform other duties which the Board may assign to him; and

(f) The Chapter Public Relation Officer shall take charge of all internal and external public relation matters with the end view of getting wide publicity of all the activities of the Chapter and projecting a wholesome public image of the organization.

Section 10. Vacancies in Office. 

a. In case of vacancy in the Office of the National President, the Executive Vice-President shall automatically assume the office; in case of vacancy in the Office of the Executive Vice-President or any other office in the Board, the Board shall elect a successor from among the remaining members to fill the vacant position and shall serve the remaining unexpired term.

b. In case of vacancy in the Office of the Area Chairman/National Vice President, the Vice Chairman shall automatically assume the office; in case of vacancy in the Office of the Vice Chairman in the Council, the Council shall elect a successor from among the remaining members to fill the vacant position and shall serve the remaining unexpired term.

c. In case of vacancy in the Office of the Regional President, the Regional Vice-President shall automatically assume the office; in case of vacancy in the Office of the Regional Vice-President or any other office in the Board, the Board shall elect a successor from among the remaining members to fill the vacant position and shall serve the remaining unexpired term.

d. In case of vacancy in the Office of the Chapter President, the Chapter Vice-President shall automatically assume the office; in case of vacancy in the Office of the Chapter Vice-President or any other office in the Board, the Board shall elect a successor from among the remaining members to fill the vacant position and shall serve the remaining unexpired term.

e. In case of vacancy of a member of a Board or Council, the Board or Council concerned shall proceed to elect and fill the vacancy from among the qualified members of the corresponding structural level defined in Article III Section 1.

Section 11. Concurrent Capacity. No officer of this organization shall hold simultaneously the position of National, Area, Regional and Chapter Presidents.

ARTICLE VI – ADMINISTRATIVE YEAR / TERM OF OFFICE

Section 1. Administrative Year. Commences on 1st day of July to 30th day June of the succeeding year.

Section 2. Terms of Office. The tenure of office in the Board of Governors, Area Assembly, Regional Division, Provincial and City Chapters shall be for a term of one (1) year. 

Section 3. Hold Over Capacity. In the event that no successors are elected into office, the incumbent sets of officers shall continue to hold office. 

However, the duly elected Chapter President shall automatically assume the office as member of the Regional Board of Directors. 


ARTICLE VII – MEETINGS AND CONVENTIONS

Section 1. Annual Meetings and Conventions. The annual meetings and conventions shall be called for the purpose of election of officers, reporting, fellowship, and advancement of knowledge, among others. 

(a) National Directorate – Thursday of the first week of June of each year in Metropolitan Manila or in any other place in the country, which maybe decided upon by the delegates in the preceding Annual National Directorate Meeting.

(b) Area Assembly - not earlier than the sixteenth (16th) day of October or not later than the fifteenth (15th) day of December of each year in any place within the area, which maybe decided upon by the delegates in the preceding Annual Area Assembly.

(c) Regional Convention - not earlier than the first week of February or not later than the first week of June of each year in any place within the region, which maybe decided upon by the delegates in the preceding Annual Regional Convention.

(d) Chapter Convention - Not earlier than the first (1st) day of January or not later than the fifteenth (15th) day of February of each year in any place within the chapter, which maybe decided upon by the delegates in the preceding Annual Chapter Convention.

In cases where the host of national, area, regional and provincial meetings or conventions withdraws its hosting, the Board of Governors, Area Council, Regional/Chapter Board of Directors as the case maybe, are empowered to decide.

Section 2. Regular Meetings. The Board of Governors shall hold regular monthly meetings every first (1st) Saturday of the month. 

The National President shall hold regular quarterly meetings with all the Regional Presidents at such date, time and place as he may prescribed.

The Area Council shall hold regular quarterly meetings at such date, time and place as they may prescribe.

The Board of Directors of the Regional Divisions and the Board of Officers of the Chapters shall hold regular monthly meetings on the second Saturday of each month.

Section 3. Special Meetings. Special meetings of the National Directorate maybe called by the National President or upon a written joint petition by at least three (3) Regional Divisions through its Board of Directors fifteen (15) days before the date. 

Special meetings of the Board of Governors maybe called by the National President or upon the written request of at least three (3) Governors. 

Special meetings of the Area Council maybe called by the Council Chairman or upon written request of at least three (3) Council Members. 

Special meetings of the Board of Directors of a Regional Division maybe called by the Regional President or upon the written request of at least three (3) Directors.

Special meetings of the City or Provincial Chapter maybe called by the City or Provincial Chapter President or upon a written request of at least three (3) Officers.

Section 4. Quorum. A quorum for any meeting of the members of the Board of Governors, Board of Directors, Provincial and City Board of Officers shall consist of a majority of the members, and a majority of such quorum shall decide any question at the meeting, save and except in those matters where the Corporation Law requires the affirmative vote of a greater proportion. In all plenary meetings of the Area Assemblies and Regional Divisions, twenty percent (20%) of the total number of members, or fifty members in attendance, whichever is lower, shall constitute a quorum. 

In the annual meeting of the National Directorate, a simple majority of the members present shall constitute a quorum.

Section 5. National Convention Program. The national convention program shall include the following: (a) Opening Ceremonies; (b) Technical Sessions; (c) Fellowship/Awards; (d) Bidding for next National Directorate Meeting and Convention Venue; (d) Closing Ceremonies.

Section 6. National Directorate Meeting. The national directorate meeting shall include the following: (a) Call to Order; (b) Business Meeting; (c) Election of Officers; (d) Closing Ceremonies.

Section 7. Notice of Meeting. Notice of the time and place of annual and special meetings of the members shall be given either personally or by mail, addressed to each member of record at the official address left by such member with the Secretary of an organizational level at least fifteen (15) days before the date set for meeting. The notice of every special meeting shall state briefly the purpose of the meeting and no other business shall be acted upon at such meeting except by the consent of all members present at such meeting.

ARTICLE VIII – REVENUE AND FINANCIAL MATTERS

Section 1. Fiscal Year. The fiscal year shall be from July 1 to June 30 of the succeeding year.

Section 2. Annual Budget. The annual budget which incorporates the expected revenues and projected expenses shall be prepared in all levels of the Association at the start of their respective terms.

Section 3. Sources of Funds. The funds for the operation and maintenance of the Association is such as may from time to time be received from membership fees, annual dues, proceeds of from the implementation of programs, and contribution, donation, endowment, grants in cash or in kind from the government or private persons or institutions, as may from time to time be received by deed, grant, devise, bequest or gift. 

(a) Membership fees shall be fixed by the Board of Governors after prior consultation with all the Regional Board of Directors, and approval by the majority of the Regional Board of Directors. It shall be paid by a new member upon his/her receipt of a notification of acceptance of his/her application for membership;

(b) The annual dues of all the members shall be fixed by the Board of Governors after prior consultation and approval by the majority of the Regional Board of Directors. It shall be paid on or before the annual meeting of the Regional Division;

(c) The organization through any of its four (4) organizational level may accept philanthropic donations or contributions from any party whose moral integrity is beyond question; and
(d) Donations and grants in cash or in kind received from any third party by any of the four (4) organizational levels shall be considered the exclusive property of the donee chapter or regional division or national organization.

Section 4. Fund Sharing. The sharing of funds of the Association shall be as follows:

(a) Forty percent (40%) of the membership fees shall be remitted by the Regional Divisions to the National Treasurer not later than May 31st. Sixty percent (60%) of the membership fee shall be retained by the Regional Treasurer for its Regional Division; and 

(b) Thirty-five percent (35%) of the annual dues shall be remitted by the Regional Treasurer to the National Treasurer, ten percent (10%) of the annual dues to the Area Assembly Treasurer and five percent (5%) of the annual dues to the Chapter Treasurer not later than May 31st and the remaining fifty percent (50%) shall be retained by the Regional Division.

Section 5. Reporting System. All financial reports shall be made in a format adopted and/or prescribed by the Board of Governors. The submission of financial reports shall be as follows:

LEVEL OF SUBMIT/PRESENT DEADLINE
ORGANIZATION TO

Chapter Board of Directors 25th day of the current 
Month

Board of Directors Board of Governors End of the current month

Board of Governors Directorate 1st Saturday of the 
Succeeding month

Section 6. Acquisition of Real Property. Pursuant to Article I, Sec. 4 (g), the national
office, regional divisions, city and provincial chapters may acquire real
property subject to the concurrence of their respective boards and affirmed
through a general assembly. Such real property may be registered under the
names of their respective offices.


ARTICLE IX – PENAL PROVISION
Section 1. A violation of any provision of this Constitution and By-Laws shall be a ground for suspension of membership and/or of holding office.

ARTICLE X – MISCELLANEOUS PROVISIONS

Section 1. Amendments. Any amendment or revision of these By-Laws may be proposed by the Board of Governors, Area Assemblies, Regional Division, City or Provincial Chapters. Such amendments or revision shall be passed by the Board of Governors, subject to ratification by the delegates in the annual Directorate Meeting, or Constitutional Convention, called for the purpose. All members of the National Directorate shall be notified at least thirty (30) days before the Meeting or Convention.

Section 2. Repealing Clause. All policies, resolutions, rules and regulations, and covenants or parts thereof contrary and inconsistent with these By-laws and such extant laws of the Republic of the Philippines are hereby repealed or modified accordingly. 

Section 3. Effectivity. This Constitution and By-Laws shall take effect 30 days upon approval by the Securities and Exchange Commission.

Insert:
1. Office Management and Administration 
2. Fiscal Year
3. Revenue and Financial Matters
4. Election
5. Convention Rules and Procedures
6. Annual Reports
7. Regional Conventions and Area Assemblies
8. Hosting of National Directorate Meeting
9. Committees 
10. Council of Past Presidents
11. Awards

REPUBLIC ACT NO. 9200 - AN ACT AMENDING R.A. 8560 OTHERWISE KNOWN AS THE PHILIPPINE GEODETIC ENGINEERING ACT OF 1998, AND FOR OTHER PURPOSES


REPUBLIC ACT NO. 9200
REPUBLIC ACT NO. 9200 - AN ACT AMENDING REPUBLIC ACT NUMBERED EIGHTY FIVE HUNDRED AND SIXTY (R.A. NO. 8560) OTHERWISE KNOWN AS THE PHILIPPINE GEODETIC ENGINEERING ACT OF 1998, AND FOR OTHER PURPOSES


Section 1.    Sec. 2, Article II, Paragraph (a), Subparagraph (5) of Republic Act No. 8560 is hereby amended and Subparagraph (16) is hereby added which shall read as follows:


"SEC. 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 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; using the numbering system and projection prescribed by the government;

(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-Sec., 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)    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; 

(16)    Provision of consultancy services in geodetic engineering.
(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."

Sec. 2.    Sec. 8, Article III, paragraphs (e), (j) and (k) are hereby amended to read as follows:


"SEC. 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 Certificate of Registration and professional identification card 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 and Technical Standards for Geodetic Engineers and for this purpose, to issue subpoena duces tecum and subpoena ad testificandum to secure the appearance of witnesses and the production of documents in connection therewith; 

(k)    To prescribe guidelines for the Continuing Professional Education (CPE) program in coordination with the integrated and accredited association for 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;

(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."
Sec. 3.    Sec. 19, Articles IV is hereby amended to read as follows:


"SEC. 19.    Certificate of Registration and Professional Identification Card. — A Certificate of Registration shall be issued to applicants who pass the examination for Geodetic Engineers subject to the payment of registration fees.  

The Certificate of Registration of a 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 identification card 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 license is entitled to practice the profession with all the privileges appurtenant thereto."
Sec. 4.    Sec. 21, Article IV is hereby amended to read as follows:


"SEC. 21.    Indication of Certificate of Registration Number and Professional Tax Receipt. — The Geodetic Engineer shall be required to indicate his certificate of registration number including the professional tax receipt number on the documents he signs, uses or issues in connection with the practice of this profession." 

Sec. 5.    Sec. 22, Article IV is hereby amended to read as follows:


"SEC. 22.    Grounds for Suspension and Revocation of Certificate of Registration and Professional Identification Card, Cancellation of Temporary Special Permit. — The Board shall have the power, upon due notice and hearing, to revoke or suspend the certificate of registration and professional identification card of a Geodetic Engineer, or to cancel a temporary/special permit for any cause specified in the preceding Sec.s, including but not limited to the use or perpetuation of any fraud or deceit in obtaining a certificate of registration, or for incompetence, negligence, or for abatement 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. Such action of the Board shall be subject to appeal to the Commission within fifteen (15) days from written notice."

Sec. 6.    Sec. 23, Article V is hereby amended by adding paragraphs (a) and (b) to read as follows:


"SEC. 23.    Vested Rights, Automatic Registration of Practicing Geodetic Engineers and Registration Without Examination: 
(a)    All practicing Geodetic Engineers who are registered at the time this Act takes effect shall automatically be registered.

(b)    Registration Without Examination. — All incumbent Junior Geodetic Engineers shall be issued a certificate of registration and a professional identification card without examination as Geodetic Engineers: Provided, That they have been in active practice of the geodetic engineering profession for at least three (3) years and they are holders of degrees in Bachelor of Science in Geodetic Engineering, or are holders of degrees in Bachelor of Science in Civil Engineering, or are Associates in Geodetic Engineering or are Associates in Surveying. Junior Geodetic Engineers who qualify for upgrading to Geodetic Engineer without examination shall file their application for upgrading within three (3) years from the effectivity of this Act. The three-year period of active practice referred to herein shall be computed from the date of actual exercise of their profession, as defined in Sec. 2 of this Act, up to the date of approval of their application for upgrading. They shall also update their knowledge of the profession through continuing professional education or appropriate distance learning, as prescribed by the Professional Regulation Commission upon recommendation of the recognized and accredited professional geodetic organization, within three (3) years upon approval of their application."  

Sec. 7.    Sec. 24 of Article V is hereby amended to read as follows:


"SEC. 24.    Right to Practice Geodetic Engineering Profession. — The practice of Geodetic Engineering is a professional service, admission to which shall be determined upon the basis of an individual's personal qualifications. The Geodetic Engineer is responsible for the correctness of his professional work for which he shall be answerable therefor.

Only duly Registered Geodetic Engineers may organize, establish or form firms, partnerships or associations for the practice of Geodetic Engineering pursuant to the rules of the Securities and Exchange Commission." 

Sec. 8.    Sec. 30 of Article VI, paragraph (c) of Republic Act No. 8560, is hereby amended which shall read as follows:


"SEC. 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 constructed upon effectivity of this Act; and

(c)    Duly registered Junior Geodetic Engineers may continue to practice as such until their application for upgrading as Geodetic Engineers shall have been acted upon but in no case shall this privilege be extended beyond three (3) years from the effectivity of this Act."

Sec. 9.    Implementing Rules and Regulations. — The Board and the Professional Regulation Commission, in coordination with the accredited integrated national professional organization of Geodetic Engineering shall issue the implementing rules and regulations within ninety (90) days after the effectivity of this Act.

Sec. 10.    Separability Clause. — If any clause, provision, paragraph 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 be merely confined to the clause, provision, paragraph or part directly involved in the controversy in which such judgment has been rendered.

Sec. 11.    Repealing Clause. — All other laws, decrees, executive order and other administrative issuances and parts thereof which are inconsistent with the provisions of this Act are hereby modified, superseded or repealed accordingly.

Sec. 12.    Effectivity. — This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in a major daily newspaper of national circulation in the Philippines.


Approved: March 28, 2003





REPUBLIC ACT NO. 8560 AN ACT REGULATING THE PRACTICE OF GEODETIC ENGINEERING IN THE PHILIPPINES


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