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Bicol University

COLLEGE OF AGRICULTURE AND FORESTRY


Agricultural and Biosystems Engineering Department
ISO 9001:2015 Guinobatan, Albay
TUV Rheinland ID 910863351

COMPARISONS OF THE 3 LAWS of AE/ABE

Comparison RA 3927 RA 8559 RA 10915


Parameters
Philippine Agricultural and Biosystems Engineering Act
Title Philippine Agricultural Engineering Law Philippine Agricultural Engineering Act of 1998
of 2016
5th Congress; June 18, 1964 SB No. 2393 and HB No. 10465; signed SB No. 2434 and HB No. 6421
• Approved 02/26/1998 • July 21, 2016
• 10th Congress (3rd regular session) • 16th congress (3rd regular session)
Legal basis/ Authors/ Pres. Diosdado P. Macapagal Senator Antonio Trillanes IV (author) Rep. Rufus B. Rodriguez and Maximo B. Rodriguez
Signing Pres/ (lead)
Enactment Pres. Fidel V. Ramos Sen. Antonio Trillanes IV (lead author) and
Cynthia Villar

Pres. Benigno S. Aquino III


Number of chapters,
31 sections 5 Articles; 35 sections 7 Articles; 47 sections
articles and sections
Not indicated in the law RA 8559 does not indicate on specific section compared RA 10915 specify its coverage as indicated in Art. I,
to RA 10915 Sec. 3:
a) Examination, registration and licensure of
agricultural and biosystems engineers;
(b) Supervision, control and regulation of the practice of
agricultural and biosystems engineering;
Coverage of the Act (c) Development, upgrading and updating of the
curriculum of the agricultural and biosystems
engineering profession in coordination with the
Commission on Higher Education (CHED) and the
concerned state universities and colleges (SUCs);
(d) Development and improvement of the professional
competence and practice of agricultural and

Law Comparison 1
COURSE COURSE COURSE
Bicol University
COLLEGE OF AGRICULTURE AND FORESTRY
Agricultural and Biosystems Engineering Department
ISO 9001:2015 Guinobatan, Albay
TUV Rheinland ID 910863351

biosystems engineers through, among others,


Continuing Professional Development (CPD) and
career progression and specialization; and
(e) Integration of all agricultural and biosystems
engineers under one national Accredited Integrated
Professional Organization (AIPO) of agricultural and
biosystems engineers which shall be recognized by
the Board of Agricultural and Biosystems
Engineering and the Professional Regulation
Commission (PRC).

Agricultural Engineering as a profession consists in Agricultural engineering is defined as the profession Agricultural and Biosystems Engineering refers to the
the application of the fundamental and known requiring the application of the fundamental and known application of engineering science and designs to the
principles of mechanical, civil and electrical principles of engineering to the peculiar condition and processes and systems involved in the sustainable
engineering to the peculiar conditions and requirements of agriculture as an industry and as a field of production, post production and processing of safe food,
requirements of agriculture as an industry and as a science, and shall include various skills and activities listed feed, fiber, timber and other agricultural and biological
field of science in Section 3. materials and the efficient utilization, conservation, and
management of natural and renewable resources in order
to enhance human health in harmony with the
environment. Agricultural and biosystems consist of
Definition of Terms crops, forestry and other plants, poultry, livestock,
fisheries and aquaculture resources and other animals,
wildlife and other living things
Agricultural Engineer is a graduate of agricultural Agricultural engineer is a natural person who has been Agricultural and Biosystems Engineer refers to a
engineering course from a school, institution, college issued a certificate of registration by the Board of person who is registered and licensed to practice
or university duly recognized by the government Agricultural Engineering and has taken the oath of agricultural and biosystems engineering in the country
profession of agricultural engineers and who holds a valid certificate of registration and
professional identification card from the Board of
Agricultural and Biosystems Engineering and the PRC

Law Comparison 2
COURSE COURSE COURSE
Bicol University
COLLEGE OF AGRICULTURE AND FORESTRY
Agricultural and Biosystems Engineering Department
ISO 9001:2015 Guinobatan, Albay
TUV Rheinland ID 910863351

Practice of agricultural engineering — shall refer to the Same definition only that AE was changed to ABE
profession requiring the application of the fundamental and
known principles of engineering to the peculiar condition
and requirements of agriculture as an industry and as a
field of science
In Sec 2: In Art. II, Sec. III: In Art. I, Sec. 5: there are additional scopes of practice
and for the similar ones, they were expanded into broader
(1) farm power and machinery, (1) Consultation, valuation, investigation and management
scopes
(2) farm buildings and structures, services on AE;
(3) farm electrification and farm processing, (2) Management or supervision and the preparation of (a) Preparation of engineering designs, plans,
(4) soil and water conservation which includes farm engineering designs, plans, specifications, project specifications, project studies, feasibility studies and
irrigation and drainage, land clearing, flood control, studies and estimates for agricultural, aquaculture and estimates of irrigation and drainage, soil and water
soil erosion control and related problems, and fishery, and forest product machinery, agricultural conservation and management systems and facilities,
(5) education and research buildings and structures, farm electrification and agrometeorological systems, agricultural and
energy systems, agricultural processing equipment, biosystems power, and machinery, agricultural and
irrigation and soils conservation systems and facilities, biosystems buildings and structures, renewable/bio-
agricultural waste utilization systems and facilities; energy systems and farm electrification, agricultural
(3) Conducting research and development, training and and bio-processing and postharvest facilities and
extension work, and consultancy services of AE system, agricultural and biological waste utilization
Scope of Practice facilities/services, system and technologies; and management, agricultural and bio-information
(4) Testing, evaluation and inspection of agricultural, system, agricultural and biosystems resource
fishery and forest product machinery and other related conservation and management, and agricultural and
AE facilities and equipment; bio-automation and instrumentation system;
(5) Management, manufacturing and/or marketing of (b) Supervision or management on the construction,
agricultural machinery and other related AE facilities operation, and maintenance of irrigation and drainage,
and equipment; soil and water conservation and management systems
(6) Teaching AE subjects in institution of learning in the and facilities, agrometeorological systems, agricultural
Philippines; and biosystems power and machinery, agricultural
(7) Employment with the government provided such item and biosystems buildings and structures,
or position requires the knowledge and expertise of an renewable/bio-energy systems and farm
agricultural engineer. electrification, agricultural and bio-processing and
postharvest facilities and system, agricultural and
biological waste utilization and management,

Law Comparison 3
COURSE COURSE COURSE
Bicol University
COLLEGE OF AGRICULTURE AND FORESTRY
Agricultural and Biosystems Engineering Department
ISO 9001:2015 Guinobatan, Albay
TUV Rheinland ID 910863351

agricultural and bio-information system, agricultural


and biosystems resource conservation and
management, and agricultural and bio-automation and
instrumentation system;
(c) Valuation, appraisal, investigation, inspection,
monitoring, and technical audit on agricultural and
biosystems machineries and equipment, structures
and facilities, and agricultural and biosystems
engineering projects;
(d) Program/Project development and management,
planning, evaluation, and consultancy services on
agricultural and biosystems engineering undertakings;
(e) Conduct of research and development, training and
extension on agricultural and biosystems engineering;
(f) Testing, evaluation, and inspection of agricultural and
biosystems machinery, and other related agricultural
and biosystems engineering facilities, equipment and
projects;
(g) Manufacture, distribution, installation, and sale of
agricultural and biosystems machinery and other
related agricultural and biosystems engineering
facilities and equipment;
(h) Teaching and/or conduct of lecture of agricultural and
biosystems engineering subjects in institutions of
learning in the Philippines;
(i) Preparation and evaluation of farm development plans,
farm suitability maps and land use maps/reports for
agricultural, livestock and poultry, fishery, aquaculture
and forest production and processing;
(j) Training and supervision of agri-fishery machinery
technicians and operators of agri-fishery machinery
service centers/pools, and agricultural and biosystems
engineering technicians and operators in agricultural

Law Comparison 4
COURSE COURSE COURSE
Bicol University
COLLEGE OF AGRICULTURE AND FORESTRY
Agricultural and Biosystems Engineering Department
ISO 9001:2015 Guinobatan, Albay
TUV Rheinland ID 910863351

and biosystems plants, establishments, facilities, and


projects;
(k) Employment with the government and private firms
and establishments; Provided, that such item or
position requires the knowledge and expertise of an
Agricultural and Biosystems Engineer, or its duties and
responsibilities covers the scope of practice in
agricultural and biosystems engineering; and
(l) Participation in the preparation of environmental
studies for agricultural, fisheries, agro-industrial and
biosystems projects and its monitoring under the
Environmental Impact Assessment (EIA) system.

Law Comparison 5
COURSE COURSE COURSE
Bicol University
COLLEGE OF AGRICULTURE AND FORESTRY
Agricultural and Biosystems Engineering Department
ISO 9001:2015 Guinobatan, Albay
TUV Rheinland ID 910863351

In Sec. 6: Does not indicate whether a member must be in good Indicated in Art. II, Sec. 7: additional requirement was
standing of the AIPO compared to RA 10915 provided.
(a) Be a citizen of the Philippines and a resident
thereof;
In Article IV, Sec. 13: • Must be a member in good standing of the AIPO
(b) Be at least thirty years of age and of good moral
for at least five (5) years, but not an incumbent
character; (a) Must be a natural-born citizen and resident of the
officer or trustee thereof.
(c) Be a graduate of AE or agriculture with a major in Philippines;
AE from a recognized and legally constituted (b) Must be at least thirty-five (35) years of age;
school, institute, college or university; (c) Must be a holder of BSAE or its equivalent, conferred
(d) Be a registered agricultural engineer duly by a school, academy, college or university in the
authorized to practice agricultural engineering in Philippines or abroad that is accredited by CHED
the Philippines: Provided, that this qualification (d) A registered agricultural engineer with a valid
shall not be required of the first appointees to the professional license and an active practitioner for not
Board; less than 10 years prior to his appointment;
Qualifications of Board (e) Have practiced AE for a period of not less than 5 (e) Must not, for a period of 3 consecutive years prior to
Members years prior to his appointment; and the appointment, be a member of the faculty of,
(f) Not a member of the faculty of any school, directly or indirectly, in any school, academy, institute,
institute, college or university where agricultural college or university where a regular course in
engineering course is taught, nor have a pecuniary agricultural engineering is being taught, nor have any
interest in such institutions. pecuniary interest in or administrative supervision
over any such institutions of learning;
(f) Must not, for a period of 3 consecutive years prior to
the appointment, be connected with a review center or
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;
(g) Has never been convicted of any offense involving
moral turpitude

Law Comparison 6
COURSE COURSE COURSE
Bicol University
COLLEGE OF AGRICULTURE AND FORESTRY
Agricultural and Biosystems Engineering Department
ISO 9001:2015 Guinobatan, Albay
TUV Rheinland ID 910863351

In Sec 3: the Board is to be composed of a Chairman In Art. III, Sec. 6, requires 3 members for 3 years with In Art. II, Sec. 8, requires the Chairperson and 2
and 2 members for 3 years. holding of office: members for 3 years with holding of office:
a. 1st member- 3 years a. Chairperson- 3 years
b. 2nd member- 2 years b. 1st member- 2 years
c. 3rd member- 1 year c. 2nd member- 1 year

The chairman or a member of the Board may be The Chairperson or a member of the Board may be
reappointed for another term but in no case shall he shall reappointed to their positions for another term of three (3)
Terms of Office serve continuously for more than six (6) years. years immediately after the expiry of their terms:

Each member of the Board shall qualify by taking the Provided, further, That the holding of such position shall
proper oath of office prior to entering upon the performance not be for more than two (2) terms nor more than six (6)
of duty. years, whichever is longer.

The Chairperson and two (2) members of the Board shall


take their oath of office prior to entering upon the
performance of duty
In Sec 3: As indicated in Art. III, Sec. 8, has 3 grounds only As indicated in Art. II, Sec. 10, has 5 grounds. Additional
compared to RA 10915 grounds were:
Any member of the Board may be removed by the
President of the Philippines for neglect of duty, 1. Involvement in manipulation, tampering or rigging of
Any vacancy occurring in the Board within the term of a
incompetence, malpractice, unprofessional, the licensure examination, its questions and/or its
member shall be filled for the unexpired portion of the
unethical, immoral or dishonorable conduct, after results, and in the disclosure of classified and
term only
For Vacancy and having been given opportunity to defend himself in a confidential information pertaining to the licensure
Removal of Board proper administrative investigation: examination.
The President may remove any member of the Board on
Members 2. Unprofessional, unethical, immoral or dishonorable
Provided, That the President of the Philippines may the following grounds:
conduct
suspend such member under investigation and (1) Neglect of duty;
appoint a temporary member in his place. (2) Violation or tolerance of the violation of this Act or the
Temporary vacancies in the Board shall filled for the Code of Ethics for agricultural engineering;
unexpired term only (3) Final judgment of crimes involving moral turpitude.

Law Comparison 7
COURSE COURSE COURSE
Bicol University
COLLEGE OF AGRICULTURE AND FORESTRY
Agricultural and Biosystems Engineering Department
ISO 9001:2015 Guinobatan, Albay
TUV Rheinland ID 910863351

In Sec. 12: As indicated in Art. IV, Sec. 13, did not indicate the need As indicated in Art. III, Sec. 15, additional qualification is
to have a good moral character included: an applicant is of good moral character
a) at least twenty-one years of age;
(b) a citizen of the Philippines; (a) Be a citizen of the Philippines; The qualifications include additional statements and are
Qualification of (c) of good moral character and reputation; and (b) Be a graduate of BSAE or its equivalent in a school, stated as follows:
applicant for (d) a graduate of an agricultural engineering course academy, institute, college or university duly
(a) ... or a foreign citizen whose country or State has a
examination from a school, institute, college or university duly recognized by the CHED.
policy on reciprocity in the practice of the profession;
recognized by the Government.
(b) A graduate of BSABE or its equivalent, or BSAE prior
to or after ten (10) years after the approval of this Act...
(c) Of good moral character.
In Sec. 14: As indicated in Art IV, Sec. 15, it did not include As indicated in Art. III, Sec. 17: the term agricultural is
Agricultural Energy in the scope of examination in changed to agricultural and Biosystems.
(a) Farm mechanization, farm power,
part one (1)
farm machinery and equipment 20%
Likewise, included in the scope of examination, the
(b) Soil and water conservation, farm irrigation and
(1) Agricultural mechanization, power, machinery and following:
drainage 20%
equipment;
(c) Rural electrification, farm processing and farm • In Part I, broaden to Agricultural and Biosystems
(2) Soil and water conservation, irrigation and drainage;
structures 20% Power, Energy and Machinery Engineering, which
(3) Rural electrification, agricultural processing and
(d) Mathematics (algebra, plane additionally include:
agricultural structures.
trigonometry, analytics and calculus) 10%  Agricultural and Biosytems Energy
(e) Agronomy and animal husbandry 10%  Machinery Engineering which include
Scope of Exam (f) Farm economics and farm management 10% agricultural power and bio-energy, machine
(g) Agricultural marketing and farm statistics 10% design and analysis, machinery management
and mechanization of agricultural and
bioproduction systems
• In Part 2, broaden to Land and Water Resource
engineering, which additionally include:
 Agrometeorology,
 Irrigation and drainage engineering, soil and
water conservation
 Aquaculture Engineering
• In Part 3, broaden to:

Law Comparison 8
COURSE COURSE COURSE
Bicol University
COLLEGE OF AGRICULTURE AND FORESTRY
Agricultural and Biosystems Engineering Department
ISO 9001:2015 Guinobatan, Albay
TUV Rheinland ID 910863351

 Agricultural and Biosystems Structures and


Environment Engineering, which additionally
include forest engineering, design and
management of agricultural and biosystem
structures, and bio-environmental design
 Agricultural and Bioprocess Engineering
which additionally include refrigeration and cold
storage, agri-industrial and biosystems
application of electrical energy and electronics,
agricultural products process engineering, and
food and bio-based products process
engineering

Other scopes of exam are as follows:

• Project Management, Feasibility Study


Preparation/Evaluation, Research, Development and
Extension on ABE;
• Fundamentals of Agricultural, Fishery, Ecological and
Environmental Sciences;
• Mathematics and Basic Engineering Principles;
• Laws, Professional Standards and Ethics; and
• Other subjects within the areas of competencies
required for the practice of ABE profession pursuant to
Section 5 of this Act.

Law Comparison 9
COURSE COURSE COURSE
Bicol University
COLLEGE OF AGRICULTURE AND FORESTRY
Agricultural and Biosystems Engineering Department
ISO 9001:2015 Guinobatan, Albay
TUV Rheinland ID 910863351

In Sec. 16: Is not indicated in this law Is not indicated in this law
(a) at least 35 y.o; holders of the BSAE; and had
practiced AE for a period of not less than 6 years
prior to such date
(b) at least 35 y.o.; holders of BSA with major in AE;
and had practiced AE for a period of not less than
6 years prior to such date
(c) at least 35 y.o.; holders of BSAE or BSA major in
AE; and had passed government exam in AE or
mechanized farming for specialized and advanced
Registration without studies abroad within the fields of AE before the
examination approval of this Act
(d) at least 35 y.o.; holders of a certificate of
membership of a duly recognized AE society in
foreign country like the ASAE and the Institution of
Agricultural Engineers of USA and the UK,
respectively:
Provided, That such certificate was granted upon
compliance with the requirements similar to those
prescribed in this Act and that the same privilege
is granted to citizens of the Philippines desiring to
practice AE in said foreign country.

Law Comparison 10
COURSE COURSE COURSE
Bicol University
COLLEGE OF AGRICULTURE AND FORESTRY
Agricultural and Biosystems Engineering Department
ISO 9001:2015 Guinobatan, Albay
TUV Rheinland ID 910863351

In Sec. 10: Exemption from registration Is not indicated in this law Is not indicated in this law
Registration for practice as agricultural engineers shall
not be required of the following:
(a) Agricultural engineers from other countries called
in consultation only and exclusively in specific
cases, and those who are attached to international
bodies and organizations and assigned to perform
certain definite work in the Philippines, provided
that do not engage in private practice on their own
account as agricultural engineers in the
Exemption from Philippines;
Registration
(b) Agricultural engineers attached to the Armed
Forces of the US stationed in the Philippines while
rendering services as such only for the said armed
forces and within the limits of their territorial
jurisdiction; and
(c) Foreign agricultural engineers employed as
exchange professors or instructors in recognized
local schools, institutes, colleges or universities
where a regular course in agricultural engineering
is taught.

Law Comparison 11
COURSE COURSE COURSE
Bicol University
COLLEGE OF AGRICULTURE AND FORESTRY
Agricultural and Biosystems Engineering Department
ISO 9001:2015 Guinobatan, Albay
TUV Rheinland ID 910863351

Does not indicate in this law From Art. IV, Sec. 16: From Art III, Sec. 18: the content was the same with the
following additional statement:
To be qualified as having passed the Board examination
for agricultural engineers, a candidate must obtain a .... and must obtain a grade or grades in the said subject
Rating in the Board
weighted general average of 70%, with no grades or subjects of not lower than 55%.
Examinations
lower than 55% in any given subject.
However, an examinee who obtains a weighted general
average rating of 70% or higher but obtains a rating below
55% in any given subject must take the examination in
the subject or subjects where he obtained a grade
below 55%.
In Sec 15: As indicated in Art IV, Sec. 17, the reporting of ratings by As indicated in Art III, Sec. 19, the reporting of ratings by
each examinee is within 20 days after the examination, each examinee is within 10 days after the examination,
The Board shall, within one hundred twenty (120)
unless extended for just cause unless extended for just cause
days after the completion of the examination, report
Report of ratings the ratings obtained by each candidate to the
Report of ratings
Commissioner of Civil Service, who shall, with his
The Board shall submit to the Commission the ratings
recommendations, submit such ratings to the
obtained by each candidate within 20 days after the
President of the Philippines for his approval
examination, unless extended for just cause.

Does not indicate in this law Not indicated in the law that those re-takers will undergo In Art. III, Sec. 20, an additional condition is given such
refresher program as:
• An applicant who fails to pass the examination for the
Reexamination In Art. IV, Sec. 18:
third time will be undertaking refresher program
An applicant who fails to pass the examination for the before reexamination
third time shall be allowed to take another examination
only after the lapse of one (1) year

Law Comparison 12
COURSE COURSE COURSE
Bicol University
COLLEGE OF AGRICULTURE AND FORESTRY
Agricultural and Biosystems Engineering Department
ISO 9001:2015 Guinobatan, Albay
TUV Rheinland ID 910863351

In Sec. 18: In Art IV, Sec. 19 In Art. III, Sec. 21:


All persons issued certificate of registration under The oath taking ceremony for passers will be done The oath taking ceremony for passers will be done
this Act shall be required to take an oath before the before the Board or any government official authorized before the COMMISION, the Board or any government
Board or before any person authorized to administer to administer oaths, prior to entering upon the practice of official authorized to administer oaths, prior to entering
Oath oaths prior to engaging in the practice of agricultural the agricultural engineering profession upon the practice of the agricultural engineering
engineering profession.

RA 10915 requires the passers to take their oath before


the COMMISIONER unlike with RA 8559

Law Comparison 13
COURSE COURSE COURSE
Bicol University
COLLEGE OF AGRICULTURE AND FORESTRY
Agricultural and Biosystems Engineering Department
ISO 9001:2015 Guinobatan, Albay
TUV Rheinland ID 910863351

In Sec 17: In Art. IV, Sec 20: In Art. III, Sec. 22: Issuance of Certificate of Registration
and Professional Identification Card
The Board shall, upon payment of the A COR shall be issued to applicants who pass the
corresponding fee, issue a certificate of registration examination for agricultural engineers subject to (a) A COR shall be issued to those who are registered
(COR) to any applicant who passed the examination payment of registration fees. after payment of fees prescribed by the Commission.
provided for in this Act, or who, in the opinion of the
The COR of a professional agricultural engineer shall: It shall bear the signatures of the Chairperson of
Board, possesses the qualifications prescribed in the
the Commission and of the Chairperson and
preceding section. • bear the signatures of the chairman of the Board
members of the Board, stamped with the official
and of the chairman of the PRC
Every certificate of registration shall: seal of the Commission and of the Board, certifying
• stamped with the official seal of the Board
that the person named therein is entitled to the
• show the full name of the registrant or holder, indicating that the person named therein is a
practice of the profession, with all the privileges
• have serial number, registered agricultural engineer.
appurtenant thereto.
• be signed by the chairman of the Board and
A professional license bearing the registration number,
attested by its Secretary Until withdrawn, revoked or suspended in
date of issuance, expiry date, and duly signed by the
• be authenticated by its official seal accordance, with this Act, the COR shall remain in full
chairman of the Board, shall likewise be issued to
force and effect.
COR and Professional every registrant upon payment of the professional fee.
License (b) A professional identification card (PIC) bearing the
No person shall practice AE in this country unless such
registration number and its validity and expiry
person has secured a license to practice AE in the
dates duly signed by the Chairperson of the
manner herein provided.
Commission shall likewise be issued to every
A licensee is entitled to practice AE in the manner registrant who has paid the prescribed fees, and has
herein provided. A licensee is entitled to practice the submitted a certificate of membership in good
profession with all the privileges appurtenant thereto standing from the AIPO and proof of completion
until the expiration of the validity of his license. of the CPD requirements.
The said card shall be renewed every three (3)
years, subject to requirement/s as the Board may
thereafter prescribe and upon proof of completion of
the mandatory CPD requirements.
Once registered, the agricultural and biosystems
engineer may use Engr. as the official appendage title.
No person shall practice ABE in the country unless such

Law Comparison 14
COURSE COURSE COURSE
Bicol University
COLLEGE OF AGRICULTURE AND FORESTRY
Agricultural and Biosystems Engineering Department
ISO 9001:2015 Guinobatan, Albay
TUV Rheinland ID 910863351

person has secured a license to practice ABE in the


manner herein provided.

Law Comparison 15
COURSE COURSE COURSE
Bicol University
COLLEGE OF AGRICULTURE AND FORESTRY
Agricultural and Biosystems Engineering Department
ISO 9001:2015 Guinobatan, Albay
TUV Rheinland ID 910863351

In Sec. 20: The Board shall refuse to issue certificate Does not indicate in this law RA 10915 indicates some situations that hinders the
of registration to: registrations of any successful applicants as shown in Art.
III, Sec. 23.
• any person convicted by a court of competent
jurisdiction of any offense involving moral
The Board shall not register any successful applicant for
turpitude
registration with or without licensure examination who has
• or to any person guilty of immoral or dishonorable
been:
conduct,
• to any person of unsound mind (a) Convicted of an offense involving moral turpitude by
a court of competent jurisdiction;
giving the applicant a written statement shall be
(b) Found guilty of immoral or dishonorable conduct by
incorporated in the records of the Board.
the Board;
(c) Adjudged guilty for violation of the General
Refusal for Registration
Instructions to Examinees by the Board;
(d) Declared of unsound mind by a court of competent
jurisdiction; and
(e) Proven to be afflicted with addiction to drug or
alcohol impairing one’s ability to practice the
profession through a finding to this effect by a
medical or drug testing facility accredited by the
government.
In refusing such registration, the Board shall give the
applicant a written statement setting forth the reasons
therefor and shall file a copy thereof in its records.

In Sec. 21: In Art. IV, Sec. 23: Grounds for suspension and revocation Indicated in Art. III, Sec. 24: Revocation or Suspension
Grounds for of license, cancellation of temporary/special permit. of the Certificate of Registration and Cancellation of
suspension and (a) Conviction by a court of competent jurisdiction of
Temporary/Special Permit (TSP).
revocation of license, any criminal offense involving moral turpitude; The Board shall have the power, upon due notice and
cancellation of (b) Immoral or dishonorable conduct; hearing, to revoke or suspend the license of an The Board shall have the power, upon notice and
temporary/special (c) Insanity; agricultural engineer, or to cancel a temporary/ special hearing, to revoke or suspend the COR of a registered
permit (d) Fraud or deceit in the acquisition of certificate of permit for any cause specified in the preceding sections, and licensed agricultural and biosystems engineer or to
registration; including, but not limited to: cancel TSP granted to a foreign agricultural and

Law Comparison 16
COURSE COURSE COURSE
Bicol University
COLLEGE OF AGRICULTURE AND FORESTRY
Agricultural and Biosystems Engineering Department
ISO 9001:2015 Guinobatan, Albay
TUV Rheinland ID 910863351

(e) Gross negligence, ignorance or incompetence in biosystems engineer, for the same grounds
• the use or perpetuation of any fraud or deceit in
the practice of his profession; enumerated in Section 23 of this Act, except paragraph
obtaining a certificate of registration, or for
(f) Addition to alcoholic beverages or to any habit- (c) thereof, and any of the following grounds:
incompetence, negligence or for abetting the illegal
forming drug rendering him incompetent to
practice of agricultural engineering; (a) Violation of any provision of this Act, implementing
practice his profession;
• violation of the provisions of this Act, its implementing rules and regulations, Code of Ethics, Code of
(g) False or extravagant or unethical advertisement
rules and regulations and/or violations of the policies Technical Standards for the practice of ABE, and of
wherein matters or circumstances other than his
of the Board including the Code of Ethics and policies and regulatory measures of the Board
name, profession, limitation of practice, office
Professional Standard for agricultural engineers: and/or the Commission;
hours, office and home address, are mentioned;
(b) Perpetration or use of fraud in obtaining his/her
(h) Issuing any statement or spreading any news
Provided, however, That such action of the Board shall COR, professional identification card, and TSP;
which is derogatory to the character and
be subject to appeal to the Commission within fifteen (c) Gross incompetence, negligence or ignorance in the
reputation of another registrant under this Act
(15) days from written notice conduct of the profession resulting to death, injury
without justifiable cause;
of persons and/or damage to property;
(i) Aiding or acting as a dummy of unqualified or
(d) Unjustified refusal to join or to remain a member in
unregistered person to practice agricultural
good standing of the AIPO;
engineering; and
(e) Unjustified or unexplained neglect or failure to pay
(j) Violation of any provision of this Act or of the
the annual registration fees for five (5) consecutive
rules and regulations issued thereunder.
years;
(f) Unjustified or unexplained non-renewal of the
professional identification card after the lapse of five
(5) consecutive years;
(g) Aiding or abetting the illegal practice of a non-
registered and unlicensed agricultural and
biosystems engineer by, among others, allowing
him/her to use his/her COR and/or professional
identification card or his/her TSP;
(h) Practicing the profession during his/her suspension
from the practice thereof; and
(i) Addiction to a drug or alcohol abuse impairing his/her
ability to practice his/her profession or being
declared of unsound mind by a court of competent
jurisdiction.

Law Comparison 17
COURSE COURSE COURSE
Bicol University
COLLEGE OF AGRICULTURE AND FORESTRY
Agricultural and Biosystems Engineering Department
ISO 9001:2015 Guinobatan, Albay
TUV Rheinland ID 910863351

The Board shall periodically evaluate the


aforementioned grounds and revise or add new ones as
the need arises subject to approval by the Commission
in order to meet the trends and developments in the
profession.

In Sec. 24: Reinstatement, reissue or replacement of Not indicated in this law Indicated in Art. III, Sec. 25: Reissuance of Revoked
lost certificate COR, Replacement of Lost or Damaged COR,
Professional Identification Card or Temporary/Special
The Board shall have the power, for reasons deemed
Permit.
proper and sufficient, to reinstate any suspended
certificate of registration of issue another certificate The Board may, upon petition, reinstate or reissue a
in lieu of one previously revoked, and in so doing, it revoked COR after two (2) years from the effectivity of
may, in its discretion, exempt the applicant from the revocation, which is reckoned from the date of
taking another examination. surrender of the said certificate and/or the professional
identification card to the Board and/or the Commission.
A new certificate to replace any certificate lost,
destroyed or mutilated may be issued subject to the The Board may not require the holder thereof to take
Reissuance of COR/ rules of the Board. another licensure examination.
license
The petitioner shall prove to the Board that he/she has
valid reasons to resume the practice of his/her
profession.
For the grant of his/her petition, the Board shall issue a
Board Resolution subject to approval by the
Commission.
A duplicate copy of a lost COR, professional
identification card or TSP may be reissued in
accordance with rules thereon and upon payment of the
prescribed fee therefore

Law Comparison 18
COURSE COURSE COURSE
Bicol University
COLLEGE OF AGRICULTURE AND FORESTRY
Agricultural and Biosystems Engineering Department
ISO 9001:2015 Guinobatan, Albay
TUV Rheinland ID 910863351

In Art. V, Sec. 26: Integration of Agricultural Engineers RA 10915 indicates additional registration with SEC as
shown in Art. IV, Sec. 30: Integration of Agricultural and
The AE profession shall be integrated into one (1)
Biosystems Engineers.
national organization which shall be recognized by the
Board and by the Commission as the one and only The ABE profession shall be integrated into one (1)
integrated and accredited association of agricultural national organization registered with SEC which shall be
engineers. recognized by the Board and the Commission as the one
and only integrated and accredited association of
An agricultural engineer duly registered with the Board
agricultural and biosystems engineers.
Integration of AE/ ABE shall automatically become a member of the integrated
and accredited association of agricultural engineers, and An agricultural and biosystem engineer duly registered
shall receive the benefits and privileges appurtenant with the Board shall automatically become a member of
thereto upon payment of the required fees and dues. the integrated and accredited association of agricultural
and biosystems engineers, and shall receive the benefits
Membership in the integrated and accredited
and privileges appurtenant thereto upon payment of the
association shall not be a bar to membership in other
required fees and dues.
associations of agricultural engineers.
Membership in the integrated and accredited association
shall not be a bar to membership in other associations of
agricultural and biosystems engineers.
Is not indicated in this law Indicated in Art. V, Sect. 24: Vested rights: automatic Indicated in Art. IV, Sec. 26: Vested Right.— Automatic
registration of practicing agricultural engineers. Registration of Practicing Agricultural and Biosystems
Engineers.
All practicing agricultural engineers who are registered
Vested Right at the time this Act takes effect, shall automatically be All agricultural engineers who are registered under
registered. Republic Act No. 8559 at the time this Act takes effect,
shall automatically be registered as agricultural and
biosystems engineers.
Firms, Partnerships, Is not indicated in this law Not indicated in this law Any firms, partnerships, corporations, cooperatives,
Corporations, associations and foundations may engage in the
Cooperatives, In Art. V, Sec 25: Practice not allowed for firms and practice of ABE in the Philippines by complying the
Associations and corporations. requirements as indicated in Art. III, Sec. 29 (Firms,
Foundations Partnerships, Corporations, Cooperatives, Associations

Law Comparison 19
COURSE COURSE COURSE
Bicol University
COLLEGE OF AGRICULTURE AND FORESTRY
Agricultural and Biosystems Engineering Department
ISO 9001:2015 Guinobatan, Albay
TUV Rheinland ID 910863351

and Foundations Engaged in Agricultural and Biosystems


The practice of AE is a professional service, admission
Engineering Practice), which states:
to which shall be determined upon the basis of an
individual's personal qualifications. A firm, partnership, corporation, cooperative,
association or foundation may engage in the practice of
No firm, company, partnership, association or
ABE in the Philippines: Provided, that it complies with
corporation may be registered or licensed as such for the
the following requirements:
practice of AE:
(a) The firm, partnership, corporation, cooperative,
Provided, however, that persons properly registered and
association or foundation applies for and is issued
licensed as agricultural engineer may among
a COR by the Board and the Commission to
themselves or with a person or persons properly
engage in the practice of ABE in the Philippines:
registered and licensed as an agricultural engineer may
form or obtain registration with SEC of a firm, partnership Provided, That the majority of the partners of the
or association using the term "Agricultural Engineers," partnership are registered and licensed agricultural
but nobody shall be a member, partner or associate and biosystems engineers;
unless he is duly registered and licensed agricultural
Provided, further, that the majority of the members
engineer.
of the board of directors or members of
corporations or cooperatives shall be registered
and licensed agricultural and biosystems
engineers; and
(b) The practice of the firm, partnership, corporation,
cooperative, association or foundation in ABE shall
be carried out by duly registered and licensed
agricultural and biosystems engineers.

Law Comparison 20
COURSE COURSE COURSE
Bicol University
COLLEGE OF AGRICULTURE AND FORESTRY
Agricultural and Biosystems Engineering Department
ISO 9001:2015 Guinobatan, Albay
TUV Rheinland ID 910863351

Indicated in Sec. 26: Indicated in Art. V, Sec 27: Indicated in Art. IV, Sec. 31: with the same content as
in RA 8559, only that agricultural engineer is changed to
Notwithstanding the requirement of Sec. 12 hereof, No foreign agricultural engineer shall be issued a
agricultural and biosystems engineer
that the applicant for exam for the practice of AE temporary license to practice the AE profession or
must be a Filipino citizen; consultancy thereof or be entitled to any of the rights and
Further, indicated in Sec 32: the Temporary/Special
privileges under this Act unless the country of which he
Any foreigner who meets other requirements of this Permits for Foreign Agricultural and Biosystems
is a subject or citizen specifically permits Filipino
Act may be admitted to such exam if he proves to the Engineers
agricultural engineers to practice within its territorial
satisfaction of the Board, that by specific provision of
limits on the same basis as the subjects or citizens of The practice of foreign agricultural and biosystems
Foreign Reciprocity law, the country of which he is a citizen, either admits
such foreign state or country. engineers in the Philippines shall be limited to natural
Filipino citizens to the practice of AE without
persons only and shall be governed by the provisions
restriction or allows them to practice AE after passing
of RA 8981(PRC Modernization Act of 2000);
an exam on terms of strict and absolute equality with
citizens, subjects, or nationals of said country, Provided that the following condition stated in this
including the unconditional recognition of section are satisfied.
prerequisite degrees granted by institutions of
learning duly recognized by the Government of the
Philippines.
Not indicated in this law Not indicated in this law Indicated in Art. IV, Sec 33 that:
Positions in Only registered and licensed agricultural and
Government and biosystems engineers with valid PRC license shall be
Private Firms and appointed or designated to all positions in government
Establishments with and private firms and establishments with agricultural
Agricultural and and biosystems engineering functions and
Biosystems responsibilities stated in this section.
Engineering Functions
Further, Sec. 34 indicated the personnel required
Not indicated in this law Not indicated in this law Indicated in Art. IV, Sec 35:
National Career
Progression and There shall be an institutionalized national
Specialization Program agricultural and biosystems engineering career
progression and specialization program to be

Law Comparison 21
COURSE COURSE COURSE
Bicol University
COLLEGE OF AGRICULTURE AND FORESTRY
Agricultural and Biosystems Engineering Department
ISO 9001:2015 Guinobatan, Albay
TUV Rheinland ID 910863351

formulated by the Board in consultation with the AIPO,


CSC and concerned government agencies:
Provided, That any agricultural and biosystems
engineer before being allowed to work in specialty
areas to perform beyond generalist function or have
specific specialties, must:
• finish the formal education or training towards
specialization,
• possess recognized practice competencies and
• must be certified by the Board and must be a
member of a relevant and accredited agricultural
and biosystems specialty organization;
Provided, further, that agricultural and biosystems
engineering specialty organizations shall be recognized
and certified by the Board.
The Agricultural and Biosystems Engineering
Specialization shall include, but not limited to, the
following:
(a) Agricultural and Biosystems Power and Machinery;
(b) Irrigation and Drainage Engineering;
(c) Soil and Water Conservation Engineering;
(d) Agricultural and Biosystems Buildings and
Structures;
(e) Agricultural and Bio-process Engineering;
(f) Food Engineering;
(g) Renewable/Bio-Energy and Farm Electrification;
(h) Agricultural and Biological Waste Management;
(i) Aquacultural Engineering;
(j) Forest Engineering;

Law Comparison 22
COURSE COURSE COURSE
Bicol University
COLLEGE OF AGRICULTURE AND FORESTRY
Agricultural and Biosystems Engineering Department
ISO 9001:2015 Guinobatan, Albay
TUV Rheinland ID 910863351

(k) Agricultural and Biosystems Automation and


Instrumentation;
(l) Agricultural and Bio-Information System;
(m) Agrometeorology; and
(n) Agricultural and Biological Resource Conservation
and Management.

Further, indicated in Sec 36: Code of Technical


Standards.
The existing PAES shall be transformed into PABES
and shall serve as Code of Technical Standards of all
registered and licensed agricultural and biosystems
engineers in the practice of their profession.
The Board, in collaboration with the AIPO of agricultural
and biosystems engineers, the DA, DOST, DENR and
other concerned government agencies and private
organizations, shall develop new standards and update
the existing standards under the PABES

Not indicated in this law Not indicated in this law A whole article (Art. V) and the following 4 sections
discuss about ABE Educ and CPE/CPD provisions:

Sec. 37: Curriculum Development and Updating


ABE Education CHED, in consultation with the Board and the industry
and Continuing stakeholders and concerned SUCs, shall develop and
Professional continuously update the ABE Curriculum in
Education/Development accordance with required competencies on the
practice of the profession prescribed under this Act, in
order to align with international standards of ABE
education and practice, and to become responsive to
the industry requirements.

Law Comparison 23
COURSE COURSE COURSE
Bicol University
COLLEGE OF AGRICULTURE AND FORESTRY
Agricultural and Biosystems Engineering Department
ISO 9001:2015 Guinobatan, Albay
TUV Rheinland ID 910863351

The Technical Education and Skills Development


Authority (TESDA) shall likewise include in its program,
the development and promulgation of competency
standards and training programs and regulations for
ABE technicians and operators.

Sec. 38: Rationalization and Upgrading Program


CHED in collaboration with the Board, DA, DENR,
DOST, TESDA, concerned SUCs and the DepEd, and
in consultation with the industry stakeholders, shall
formulate and implement a rationalization and
upgrading program on ABE education in the country
with the end view of upgrading and modernizing school
facilities and equipment, faculty development and
training, provision of scholarships, developing ABE
ladderized program and other developmental
undertakings to produce globally competitive ABE
graduates, professionals, technicians and operators.
All concerned HEIs shall formulate and implement their
ABE Education Competitiveness Road Map as part
of the Philippine ABE Profession Development
Plan/Road Map and shall serve as one of the basis in
the provision of grants from the government for the
upgrading program.

Sec. 39: Career Guidance and Advocacy.


The Board and the Commission, in collaboration with
DOLE, POEA, CHED, DepEd, DA, DENR, DTI, AIPO
and other concerned government agencies and private
organizations, shall formulate and implement an ABE
Career Guidance and Advocacy Program.

Law Comparison 24
COURSE COURSE COURSE
Bicol University
COLLEGE OF AGRICULTURE AND FORESTRY
Agricultural and Biosystems Engineering Department
ISO 9001:2015 Guinobatan, Albay
TUV Rheinland ID 910863351

The Program shall include the conduct of research


studies on the supply and demand and qualifications of
the ABE profession, both local and abroad,
employment promotion and entrepreneurship
assistance for Filipino agricultural and biosystems
engineers, and integration of the practical application
of ABE in basic education.

Sec 40: Continuing Professional Development (CPD)


The Board and the Commission, in consultation with
the academe, AIPO, concerned government agencies
and stakeholders, shall prescribe guidelines in the
implementation of the CPD programs for agricultural
and biosystems engineers.
The CPD for every agricultural and biosystems
engineer registered under the PRC is hereby made
mandatory for the practice of the profession.
The CPD credit units earned by the professional shall
be required in the renewal of professional license and
accreditation systems for advance level of practice and
for ASEAN Chartered Professional Engineers, Asia-
Pacific Economic Cooperation (APEC) Engineers and
other international accreditations.

The CPD credit units earned by an agricultural and


biosystems engineer shall likewise be applied as the
training requirement for promotion for positions in
government agencies and private firms and for
teaching positions in academic institutions, and shall
be accumulated subject to credit transfer under the

Law Comparison 25
COURSE COURSE COURSE
Bicol University
COLLEGE OF AGRICULTURE AND FORESTRY
Agricultural and Biosystems Engineering Department
ISO 9001:2015 Guinobatan, Albay
TUV Rheinland ID 910863351

Pathways and Equivalencies of the Philippine


Qualification Framework.

In Sec. 28: As indicated in Art. V, Sec. 32: In addition to the As indicted in Art. VI, Sec. 42, any person who violates
administrative sanctions imposed under this Act, any any of the provisions of this Act shall, upon conviction, be
• fine of not less than P500 nor more than P3, 000,
person who violates any of the provisions of this Act shall, penalized by:
• or imprisonment for not less than one month nor
upon conviction, be penalized by:
more than 2 years, • a fine not less than P100,000.00 nor more than
Penalty provisions • or both • a fine not less than P50,000.00 nor more than P500,000.00
P200,000.00 • or imprisonment of not less than 6 months nor more
• or imprisonment of not less than 6 months nor than 5 years
more than 3 years, • or both fine and imprisonment at the discretion of the
• or both fine and imprisonment at the discretion of the court
court

Law Comparison 26
COURSE COURSE COURSE

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