Amending R.A. No. 8560 (Philippine Geodetic Engineering Act of 1998)

March 28, 2003

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. Section 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: AHCTEa

(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; SEIDAC

(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-section, construction and boundary surveys;

(8) Parcellary surveys of lands traversed by infrastructure projects; and the preparation of subdivision plans;

(9) Conduction of gravimetric and photogrammetric survey and the technical preparation of such survey plans;

(10) Survey and mapping works such as the preparation of geographic and/or land information systems;

(11) Survey to determine and establish line and grade for the construction of buildings and other structures and its attachments;

(12) 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; SEIDAC

(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."

SECTION 2. Section 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; SEIDAC

(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."

SECTION 3. Section 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 licensee is entitled to practice the profession with all the privileges appurtenant thereto."

SECTION 4. Section 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." SEIDAC

SECTION 5. Section 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 sections, 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 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. Such action of the Board shall be subject to appeal to the Commission within fifteen (15) days from written notice."

SECTION 6. Section 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. SEIDAC

(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 Section 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." SEIDAC

SECTION 7. Section 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." SEIDAC

SECTION 8. Section 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;

(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."

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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

Published in the Manila Times on April 3, 2003. Published in the Official Gazette, Vol. 99 No. 23 Page 3688 on June 3, 2003.