Review On The Institutionalization of Ag

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REVIEW ON THE INSTITUTIONALIZATION OF AGRICULTURAL ENGINEERING

PROFESSION IN THE PROVINCIAL, CITY, AND MUNICIPAL LGUs


by: Ronald E. Garcia

Content:
A. Introduction
B. Legal Basis
C. Problem
D. What is to be Done?
E. Our Call

A. Introduction
The role of agricultural engineers is vital in the modernization and mechanization of local agriculture and
fisheries sector especially in the area of jurisdictions of all Local Government Units (LGUs). The
agricultural engineers in the LGUs will serve as the conduit of agricultural engineering services and
technologies from the national level down to the farmers’ level in the countryside. However, this will not
be possible without the support of all LGUs particularly in the provincial, city and municipal level.

B. Legal Basis
1. RA 8435 or “Agriculture and Fisheries Modernization Act of 1997”
In 1997, the Republic Act No. 8435, also known as “Agriculture and Fisheries Modernization Act of 1997”
was enacted to modernize the agriculture and fisheries sectors of the country in order to enhance their
profitability, and prepare said sectors for the challenges of globalization through an adequate, focused and
rational delivery of necessary support services, appropriating funds therefor and for other purposes.
Pursuant to Sec. 46 of RA 8435, all Provincial, City and Municipal LGUs are mandated to strengthen their
Agricultural Engineering Groups to provide the necessary technical and engineering support in carrying out
the smooth and expeditious implementation of agricultural infrastructure projects.
2. RA 8559 or the “Philippine Agricultural Engineering Act of 1998”
In 1998, the Republic Act No. 8559 or the “Philippine Agricultural Engineering Act of 1998”, was enacted
to promote and upgrade the practice of agricultural engineering profession in the Philippines and guarantees
the delivery of basic and technical services to accelerate agricultural modernization through adequate and
well trained professional agricultural engineers throughout the country.
The institutionalization of Agricultural Engineering Profession in the Provincial, City and Municipal LGUs
is first mandated by Republic Act No. 8559. Pursuant to RA 8559, all LGUs are mandated to ensure that
the planning, designing, supervision on the implementation, management, construction and the operation
and the maintenance, testing and evaluation, valuation, research, training and extension and valuation of
small water impounding projects, communal irrigation, tractor and agricultural machinery pools, post-
harvest facilities, agricultural buildings and structures, slaughterhouses, poultry dressing plants, farm-to-
market roads and other agricultural engineering facilities and systems are performed by licensed and
registered agricultural engineers in their respective areas of jurisdiction.
In response, the Department of Interior and Local Government (DILG) issued a Memorandum Circular No.
2001-25 on March 14, 2001 to support the implementation of RA 8559. The said DILG MC encouraged all
LGUs to implement the Philippine Agricultural Engineering Act of 1998 in the Provincial, City and
Municipal level, particularly in enforcing Section 21 thereof relative to the use of seal and other functions
and responsibilities of a duly registered agricultural engineer pursuant to the said law.
In 2003, the Department of Budget and Management (DBM) issued a Budget Circular No. 03, s2003, to
support the DILG MC No. 2001-25 and RA 8559. This DBM Budget Circular prescribes that all LGUs
may reallocate agriculturist positions and other positions performing agricultural engineering works to the
existing engineer class of positions. The reallocated positions shall form part of the LGUs’ organizational
structure and staffing pattern in accordance with Section 76 of RA 7160 or “The Local Government Code
of 1991”. Furthermore, the reallocation of positions shall be subjected to approval of Sanggunian concerned
and shall be part of the implementation of Salary Standardization Law. The Amount necessary for
reallocation of positions shall be provided for in an appropriation ordinance to be enacted by the Sanggunian
concerned.
As prescribed under the said DBM Budget Circular, the duties and responsibilities of said agricultural
engineering positions are as follows;
 Engineer I (SG-12) – Under immediate supervision, an Engineer I performs first level agricultural
engineering work such as conducting researches to determine the technical requirements of an

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agricultural facility or system, conducting feasibility studies for funding purposes; planning and
designing less complicated or minor agricultural facilities and systems such as threshers, power tillers,
small farm reservoirs, shallow tube wells irrigation systems and drip irrigation systems; determining the
technical specifications and detailed cost estimates thereto; drafting Program of work, overseeing the
construction/fabrication, installation or alteration of such facilities and systems; testing, inspection,
evaluation of finished work to determine conformance to plans and specifications, rendering agro-
industrial extension works, conducting agricultural machinery performance testing and evaluation.
 Engineer II (SG-16) – Under general supervision, an Engineer II performs professional agricultural
engineering work such as planning and designing plans for complicated agricultural facilities and
systems such as rice/corn mills, small water impounding projects, sprinkler irrigation systems and
slaughterhouses; determining the technical specifications and detailed cost estimates thereof; drafting
program of work; overseeing the construction/fabrication, installation, or alteration of such facilities and
systems; testing, inspection and evaluation of finished work to determine conformance to plans and
specifications; conducting feasibility studies for funding purposes; conducting agricultural machinery
performance testing and evaluation.
 Engineer III (SG-19) – Under general supervision, an Engineer III supervises and participates in the
work of lower level agricultural engineers in a section; or plans and designs a variety of complicated or
non-standard agricultural facilities and systems such as farm level grain centers and in-store dryers and
does related work; conducts feasibility studies of greater magnitude such as management of tractor
pools.
 Engineer IV (SG-22) – Under general supervision, an Engineer IV assists in supervising the agricultural
engineering activities in a division, or performs very difficult agricultural engineering work.
 Engineer V (SG-24) – Under direction, and Engineer V exercises general supervision over the
agricultural engineering activities in a division or performs exceptionally difficult agricultural
engineering work.
In November 11, 2008, to ensure the compliance of all LGUs to RA 8559, another memorandum circular
was issued by DILG - the DILG Memorandum Circular No. 2008-167. This memorandum circular
prescribes the mandatory institutionalization of agricultural engineering profession, supplementing
provisions of DILG MC No. 2001-25 and provide general guidelines on the implementation of pertinent
provisions of RA 8559 in the LGUs.
In 2009 to 2011, the Professional Regulation Commission (PRC) and the Board of Agricultural Engineering
(BOAE) in coordination with DILG, conducted monitoring and ocular inspection to find out the extent of
LGUs compliance on RA 8559, and the following were the findings:
1. Large magnitude of agricultural engineering programs and projects are being implemented by the LGUs
involving; the design and construction of irrigation, farm-to-market roads, agricultural structures;
distribution, operation and maintenance of agricultural machineries and equipment; issuance of permits
for agricultural buildings; soil erosion control and agricultural waste management; on-site research and
extension on soil and water conservation, farm mechanization and agro-processing; appraisal and
assessment agricultural , buildings and equipment; project planning and development and feasibility
study preparation of agricultural engineering projects which are funded by LGUs and national
government agencies, and are being carried out by the agriculture, engineering, planning and
development, environment and natural resources and assessors offices of the LGUs.
2. There is inadequate number of registered and licensed agricultural engineers presently employed in the
LGUs required to perform agricultural engineering works for its agricultural engineering programs and
projects implemented.
3. There are few or none in the city and municipal LGUs, and in the engineering, planning and
development, environment and natural resources and assessors offices of LGUs at the provincial, city
and municipal levels.
4. The positions of many registered and licensed agricultural engineers employed in the LGUs are
inappropriate, either as Agriculturist or Agricultural Technologist to officially perform agricultural
engineering works.
5. The DBM Circular No. 03, series of 2003, “Reallocation of Agriculturist and Other Positions performing
Agricultural Engineering Works into Engineer Positions” has not yet been implemented in many LGUs.
6. The Philippine Agricultural Engineering Law, its Implementing Rules and Regulations, and the Rules
and Regulations in the signing and sealing of plans, designs, technical specifications and other
documents by registered and licensed agricultural engineers are NOT being complied with in the
procurement of farm-to-market roads, agricultural machinery, irrigation and other agricultural
engineering projects of many LGUs, and in the issuance of permits for agricultural buildings by many
of the city and municipal LGUs. As such, the plans, designs, technical specifications and cost estimates
are NOT being prepared, signed and sealed or evaluated by licensed agricultural engineers which is a
violation of RA 8559.

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In July 16, 2012, in view with the above findings, the DILG issued another memorandum circular - the
DILG MC No. 2012-128. This DILG MC provides additional guidelines on the institutionalization of
agricultural engineering profession in the LGUs, supplementing DILG MC Nos. 2008-167 and 2001-25
and to further ensure compliance with RA 8559.
The additional guidelines pursuant to DILG MC No. 2012-128 are the following;
1. Reallocation of Positions – All LGUs concerned are mandated to reallocate the Agriculturist,
Agricultural Technologist and Other Positions pf their agricultural engineers into appropriate level of
Engineer (Agricultural) positions pursuant to DBM Circular No. 2003, so that their agricultural
engineers can officially perform agricultural engineering works. This reallocation is part of the
implementation of Salary Standardization Law, hence covered by the waiver on personal services cap.
The amount necessary for reallocation of positions shall be provided for in an appropriate ordinance to
be enacted by the Sanggunian concerned.
2. Creation of Agricultural Engineer Position – All LGUs concerned are mandated to create an adequate
number of appropriate level of Agricultural Engineer Positions in its existing Agricultural Engineering
Division or Section of the provincial and City Agricultural Offices of the LGUs, and at least one
agricultural engineer position in the Office of the Provincial Engineer and in the City and Municipal
LGUs. The agricultural engineer position in the City and Municipal LGU shall be lodged either in the
Agriculture or Engineering Office. The amount necessary for the creation of agricultural engineer
positions shall be provided for in an appropriation ordinance to be enacted by the Sanggunian concerned.
The qualification standards of the Agricultural Engineer Positions of the Department of Agriculture
approved through Civil Service Resolution No. 100759 dated April 20, 2010 shall also be adopted in
the hiring and recruitment process of LGU agricultural engineer positions.
Furthermore, all LGUs are mandated to have at least one agricultural engineer with appropriate position
in the following offices:
 Office of the Provincial/City/Municipal Planning and Development Coordinator to be responsible in
the preparation and evaluation of programs, project proposals and feasibility studies, and monitoring
of agricultural engineering and other related programs and projects, and in providing technical
assistance in the evaluation, review, inspection and monitoring land use activities to ensure

 Office of the Provincial/City/Municipal Assessor for the appraisal and assessment of agricultural
compliance to Zoning Ordinance of the LGUs;

 Office of the Provincial/City Environment and Natural Resources for soil erosion control,
lands, buildings and machineries taxation; and

agricultural waste management and watershed management programs and project.


3. Strengthening the Agricultural Engineering Groups – Pursuant to Section 46 of RA 8559 and Joint DA-
DILG Memorandum Circular No. 11, series of 2004 (Enhancing the functional Complementation of DA
and LGUs in the implementation of irrigation, post-harvest facilities, agri-fishery mechanization and
infrastructure and agricultural engineering projects of AFMA), all LGUs concerned are mandated to
strengthen their existing Agricultural Division/Section in the Office of the Provincial and City
agriculture in terms of manpower complement of agricultural engineers and logistical support.
These Agricultural Engineering Divisions/Sections shall have the following functions:
a. prepare plans and programs and provide agricultural engineering services which include engineering
survey, preparation and evaluation of plans, designs, technical specifications, feasibility studies and
cost estimates/program of work of irrigation, small water impounding, soil conservation and
management, farm machinery, slaughterhouses, farm-to-market roads, agricultural structures and
other agricultural and fisheries infrastructure projects of the LGUs.
b. in coordination with the LGU engineering office, supervise and coordinate the construction,
operation, maintenance, improvement and management of irrigation, small water impounding, soil
and water conservation structures and facilities, farm machinery, post-harvest facilities, auction
markets, farm-to-market roads and other agricultural and fisheries infrastructure projects of the
LGUs.
c. provide assistance to the Board of Agricultural Engineering and Department of Agriculture in the
enforcement of the Philippine Agricultural Engineering Standards.
d. provide training and extension activities of farmers and fisherfolks particularly in the installation,
operation and maintenance of their irrigation, post-harvest facilities, agricultural and fishery
machinery projects, including the pilot testing and commercialization of matured agricultural and
fisheries engineering technologies in coordination with the agriculture and fisheries extension
workers, State Colleges and Universities, Department of Agriculture and other government and
private agencies.
e. provide assistance and collaborate with the Philippine Society of Agricultural Engineers for the
mobilization and continuing education programs of agricultural engineers at the provincial, city or
municipal levels.

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4. Augmentation of Agricultural Engineering Services – pursuant to Section 17f, Chapter 2, Book 1 of the
Local Government Code, all concerned Provincial LGUs are mandated to augment the agricultural
engineering services of low income Municipal LGUs and component cities by deploying their
agricultural engineers and provide funding assistance to agricultural engineering programs and projects.
5. Preparation, Signing and Sealing of Plans, Designs, Technical Specifications and Cost estimates by
Registered and Registered and Licensed Agricultural Engineers required under Section 3 and 21 of RA
8559:
a. Procurement of Agricultural Infrastructure and Other Agricultural Engineering Projects – All LGUs
are mandate to require, as part of the procurement of farm-to-market roads, small water impounding
projects, irrigation, agricultural machineries, post-harvest facilities and other agricultural engineering
projects, its plans, designs, technical specifications and cost estimates/program of works be signed
and sealed by licensed agricultural engineer/s. Further to this, the LGUs are mandated to include their
agricultural engineer/s as part of the membership of Bids and Awards Committee or its Technical
Working Group. The LGUs Bids and Awards Committee are mandated also to require the bidders to
comply with the Philippine Agricultural Engineering Law, and that they must have licensed
agricultural engineer/s as part of their Sustaining Technical Employees to prepare and certify
agricultural engineering documents.
b. Issuance of Building Permit – All LGUs through their Building Official are mandated to require that
the plans, designs, technical specifications and cost estimates be signed and sealed by registered and
licensed agricultural engineers as part in the issuance of building permits for agricultural buildings
and structures. For this purpose, and pursuant to Memorandum Circular Nos. 2008-18 and 2009-17
of the Board of Agricultural Engineering, all Building Officials are hereby advised to adopt the
“Agricultural Engineering Permit Form” which form part in the issuance of building permits for
agricultural buildings and structures as ancillary permit. The Agricultural Engineering Permit shall
be evaluated and endorsed by the LGU Agricultural Engineering Division/Section or Agricultural
Engineer to the Enforcement Section of the Office of the Building Official.
The Agricultural engineering permit shall likewise be required as part in the licensing, registration
and issuance of business permits of firms and establishments engaged in agricultural and fishery
machinery manufacturing, distribution and operation, agro-processing and other agricultural
engineering activities.
6. Continuing Professional Education – All LGUs are mandated to encourage the participation of their
agricultural engineers to the Continuing Professional Education Program of the PRC-BOAE and the
Philippine Society of Agricultural Engineers.
7. Ensuring Valid Certificate of Registration and Professional Licensed to all LGU Agricultural Engineers
– Pursuant to Section 20 of RA 8559, all registered agricultural engineers employed or being engaged
by the LGUs in its various programs and projects must have a valid certificate or registration and
renewed professional license issued by the Professional Regulation Commission.
3. RA 10601 or the “Agricultural and Fishery Mechanization Law”
In 2012, the Republic Act 10601 or the “Agricultural and Fishery Mechanization Law”, was enacted to
mechanize the Philippine agriculture and fisheries sector. This law likewise mandates the
Institutionalization of Agricultural Engineering Profession in the LGUs.
The Section 29 of RA 10601 prescribes the mandatory strengthening or creation of Agricultural
Engineering Division in the Provincial Agricultural Offices of 1st to 3rd income Class Provincial LGUs, and
likewise provides the duties and functions of the Division. The Agricultural Engineering Division shall
have the following functions and responsibilities:
a. Provide agricultural engineering services which include engineering survey, preparation and
evaluation of plans, designs, technical specifications, feasibility studies and cost estimates/program
of work of irrigation, small water impounding, soil conservation and management, farm machinery,
slaughterhouses, poultry dressing plants, postharvest facilities, auction markets, farm-to-market
roads and other agricultural and fisheries infrastructure projects of the LGUs;
b. Administer, supervise and coordinate the construction, operation, maintenance, improvement and
management of irrigation, small water impounding, soil and water conservation structures and
facilities, farm machinery, postharvest facilities, auction markets, farm-to-market roads and other
agricultural and fisheries infrastructure projects of the LGUs;
c. Undertake the registration of agri-fishery machinery and facilities, enforcement of the PAES and
other agricultural and fishery engineering regulatory activities in coordination and collaboration with
the concerned national government agencies;
d. Coordinate with the concerned national government agencies with regard to the implementation of
national government programs and projects on irrigation, farm mechanization, postharvest facilities,
farm-to-market roads and agricultural and fisheries infrastructure;

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e. Be in the frontline of the delivery of basic agricultural engineering services;
f. Provide training and extension activities to farmers and fisherfolk particularly in the installation,
operation and maintenance of their irrigation, postharvest facilities, agricultural and fishery
machinery projects in coordination with the agriculture and fisheries extension workers;
g. Undertake and/or coordinate the pilot testing and commercialization of matured agricultural and
fisheries engineering technologies; and
h. Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.
4. RA 10915 or the “Philippine Agricultural and Biosystems Engineering Act of 2016”
In 2016, the Republic Act No. 10915 or the “Philippine Agricultural and Biosystems Engineering Act of
2016”, was enacted to strengthen, modernize and align the practice of Agricultural Engineering in the
country into the internationally recognized practice of Agricultural and Biosystems Engineering.
The creation of Agricultural Engineering Division/Section with corresponding Engineers (Agricultural and
Biosystems) positions in the Provincial, City and Municipal LGUs is further supplemented and
strengthened by Section 34(a) of RA 10915.

C. Problem
No Response from the Part of Provincial, City and Municipal LGUs.
It is very frustrating on the part of agricultural engineers in the LGUs to perform their professional duties
because of the weak support of the Elected Officials in the Provincial, City and Municipal LGUs to AFMA
and the existing Agricultural Engineering Laws.
It's been almost two decades since the enactment and implementation of RA 8435 or the “Agriculture and
Fisheries Modernization Act of 1997 and RA 8559 or the "Philippine Agricultural Engineering Act of
1998", but until now, no Agricultural Engineering Divisions/Sections and Engineer (agricultural) positions
created particularly in many 1st to 3rd class provincial, city and municipal LGUs, so in the 4th to 6th class
LGUs, zero.
The Republic Act 10601 or the "Agricultural and Fishery Mechanization Law" and Republic Act 10915 or
the "Philippine Agricultural and Biosystems Engineering Act of 2016" also mandate the institutionalization
of Agricultural Engineering Profession in the LGUs.
This two decades experience, however, shows that no amount of Memorandum Circulars (MCs) issued by
the Department of Interior and Local Government (DILG) can force or oblige the LGUs to comply with the
provisions of RA 8435, RA 8559, RA 10601 and RA 10915. If this is the case, who will now enforce these
Laws to the LGUs?

D. What is to be Done?
On the part of Agricultural Engineers, they should strongly assert the institutionalization of agricultural
engineering profession in the provincial, city and municipal LGUs based on the legal merits pursuant to the
provisions of RA 8435, RA 8559, RA 10601, and RA 10915, not by kneeling or begging to the local
politicians (elected officials) in the LGUs.
There should be a collective effort on the part of Agricultural Engineers in the country to force the National
Government to implement the mandatory institutionalization of agricultural engineering profession in the
provincial, city and municipal LGUs. No other group can better assert this right except the agricultural
engineers themselves, and it needs an urgent action.
On the part of National Government, there should be a Political Will on their part to implement the
agricultural engineering Laws in the local government units. The issues on where to get the budget for the
compensation of the created agricultural engineer positions in the LGUs should be resolved by both
National Government and Local Government Units.
On the part of BOAE-PRC and PSAE national, with the Guts and Political Will of His Excellency President
Rodrigo Roa Duterte, they should take this as an opportunity or an avenue for dialogue. They should lobby
this issue to the Office of the President to ask for the issuance of an Executive Order (EO) or any equivalent
legal directives ordering all Provincial Governors, City and Municipal Mayors, and all Sanggunian
concerned, for the Mandatory implementation of RA 8435, RA 8559, RA 10601, and RA 10915, likewise,
directing them for the mandatory institutionalization of Agricultural Engineering Profession in their
respective local government. This initiative will ensure the compliance of all LGUs with the agricultural
engineering Laws.
With the full implementation of the said Laws, all agricultural engineers in the LGUs can effectively and
efficiently perform their professional duties particularly in the sustainable development and modernization
of agriculture and fishery sector.

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E. Our Call
Institutionalize the Agricultural Engineering Profession in the LGUs, Now!

The writer is an Agricultural Engineer by profession, Faculty member of Agricultural Engineering


Department in Bataan Peninsula State University – Abucay Campus (BPSU-AC), and recently elected as
President of Philippine Society of Agricultural Engineers – Bataan Chapter (PSAE-Bataan).

REFERENCES
1. Philippine Agricultural Engineering Act of 1998 (RA 8559).
http://www.psae.org.ph/?page=news&action=details&REFECODE=AR13090001
2. Philippine Agricultural and Biosystems Engineering Act of 2016 (RA 10915).
http://www.officialgazette.gov.ph/downloads/2016/07jul/20160721-RA-10915-BSA.pdf
3. Agricultural and Fishery Mechanization Law (RA 10601).
http://www.officialgazette.gov.ph/downloads/2013/06jun/20130605-RA-10601-BSA.pdf
4. Agriculture and Fishery Modernization Act of 1997 (RA 8435).
http://www.officialgazette.gov.ph/downloads/1997/12dec/19971222-RA-08435-FVR.pdf
5. Local Government Code of 1991 (RA 7160).
http://www.officialgazette.gov.ph/downloads/1991/10oct/19911010-RA-7160-CCA.pdf
6. DILG Memorandum Circular No. 2008-167.
http://www.dilg.gov.ph/issuances/mc/INSTITUTIONALIZATION-OF-AGRICULTURAL-
ENGINEERING-PROFESSION-IN-THE-LOCAL-GOVERNMENT-UNITS-SUPPLEMENTING-DILG-
MC-NO-2001-25-8559-OTHERWISE-KNOWN-AS-THE-PHILIPPINE-AGRICULTURAL-
ENGINEERING-ACT-OF-1998/1262
7. DILG Memorandum Circular No. 2012-128. https://www.scribd.com/document/249277408/DILG-Memo-
Circular-2012-128-Additional-Guidelines-on-AE-Institutionalization-pdf
8. The Philippine Agricultural Engineering Act of 1998 – RA 8559 (Annotated) with its Implementing Rules and
Regulations, and Other Policies and Issuances. Board of Agricultural Engineering (BOAE).
9. Deployment and Employment Program of ABEs. National Forum on the Implementation of Agri &
Biosystems Engineering & Mechanization Regulations. November 8-9, 2017. Century Park Hotel Manila.
10. Draft Action Plan to Help Strengthen Agri Engineering Groups in the LGUs. National Forum on the
Implementation of Agri & Biosystems Engineering & Mechanization Regulations. November 8-9, 2017.
Century Park Hotel Manila.
11. Highlights on the Creation of AE Division in LGU Cam Norte. National Forum on the Implementation of
Agri & Biosystems Engineering & Mechanization Regulations. November 8-9, 2017. Century Park Hotel
Manila.
12. Status of the Institutionalization of ABE Services _PAO Davao Del Norte. National Forum on the
Implementation of Agri & Biosystems Engineering & Mechanization Regulations. November 8-9, 2017.
Century Park Hotel Manila.
13. Status of the Institutionalization of ABE Services in LGU Valencia City. National Forum on the
Implementation of Agri & Biosystems Engineering & Mechanization Regulations. November 8-9, 2017.
Century Park Hotel Manila.
14. Status of the Institutionalization of ABE Services_LGU Libmanan Cam Sur. National Forum on the
Implementation of Agri & Biosystems Engineering & Mechanization Regulations. November 8-9, 2017.
Century Park Hotel Manila.

Disclaimer:
This paper is a collaborative effort of Agricultural Engineers of Bataan Peninsula State University and Philippine Society of
Agricultural Engineers – Bataan Chapter. This aims to seek solution to the problem faced by the agricultural engineers in the LGUs.
Whatever positions presented in this paper are positions only of the said groups, but not of the whole society of agricultural
engineers in the country.

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