Amending the Provisions of Rule 29, Article V of Board Resolution No. 01, Series of 2002 (R.A. 9053)

February 21, 2012

PRC BOARD OF LANDSCAPE ARCHITECTURE RESOLUTION NO. 001-12

AMENDING THE PROVISIONS OF RULE 29, ARTICLE V OF BOARD RESOLUTION NO. 01, SERIES OF 2002

WHEREAS, SEC. 15, Art. IV of R.A. No. 9053, known as the ''Philippine Landscape Architecture Act of 2000", states to wit: "Sec. 15. Rating in the Board Examinations. — To be qualified as having passed the Board Examination for Landscape Architects, a candidate must obtain a weighted general average of seventy percent (70%), with no grade lower than sixty percent (60%) in any given subject. However, an examinee who obtains a weighted general average rating of seventy percent (70%) or higher but obtains a rating below sixty percent (60%) in any given subject or subjects must take the examination in the subject or subjects where the examinee obtained a grade below sixty percent (60%) within two (2) years from the date of his/her last examination: Provided, That if the examinee still fails to pass the subject after two (2) attempts, the examinee must take the entire Board examinations again: Provided, further, That, if in the removal examination, the examinee gets a much lower grade such that if that general weighted average is recomputed, it becomes lower than the required seventy percent (70%), the examinee must take the entire board examinations again. The subject or subjects retaken must have each a rating of no less than seventy percent (70%) in order to qualify as having passed the examination";

WHEREAS, Rule 28, Art. V of Board Res. No. 01, Series of 2002, known and cited as the "Rules and Regulations of the Philippine Landscape Architecture Act of 2000 (IRRPLA)," reads as follows: "Rule 28. Rating in the Board Examinations. — To pass the licensure examinations for Landscape Architecture, an examinee must obtain a general weighted average rating of seventy (70%) percent with no grade lower than sixty (60%) percent in any given subject/s";

WHEREAS, Rule 29 of the said IRRPLA provides: "Rule 29. Removal Examination of Examinees with Grade(s) Below Sixty (60%) Percent in Any Given Subject But Obtains a General Average Rating of Seventy (70%) Percent or Higher. — An examinee who obtains the required general weighted average rating of seventy (70%) percent or higher but obtains a rating below sixty (60%) percent in any given subject must take a removal examination in the subject or subjects where he obtained the rating below sixty (60%) percent. The removal examination shall be taken by the examinee within two (2) years from the date of his or her last examination; Provided, that if the examinee fails to pass the subject/s in the removal examination taken, the examinee must take the entire Board examination again."

WHEREAS, the portions of Sec. 15, Art. IV of supra law that state, to wit:

"Sec. 15. Rating in the Board Examinations . . . However, an examinee who obtains a weighted general average rating of seventy percent (70%) or higher but obtains a rating below sixty percent (60%) in any given subject or subjects must take the examination in the subject or subjects where the examinee obtained a grade below sixty percent (60%) within two (2) years from the date of his/her last examination: Provided, that, if the examinee still fails to pass the subject after two attempts the examinee must take the entire examination again: Provided, further, that, if in a removal examination, the examinee gets a much lower grade such that if the general weighted average is recomputed; it becomes lower than the required seventy percent (70%), the examinee must take the entire examination again . . ." — call for clarification whether the examinee has to retake a removal examination/s in the subject/s where he/she obtained below sixty (60) percent once or twice within two (2) years from the date of his/her last examination; and, accordingly, for amendment of Rule 29 aforementioned;

WHEREAS, the Board has noted that the aforequoted provisions of Rule 29, Board Res. No. 01, Series of 2002, are not congruent or consistent with the provisions under Sec. 15, Art. IV of R.A. No. 9053 aforestated;

WHEREAS, propriety dictates the need for the rectification of the said error so as to ensure that the provisions of Board Res. No. 01, Series of 2002, shall not be in conflict with those of R.A. No. 9053, the latter statute being the basis of the former resolution in the implementation of the said law; and

WHEREAS, the herein amendment is intended not only to ensure clarity but also to dispense justice and equity to the concerned examinees;

NOW, THEREFORE, the Board RESOLVES, as it hereby RESOLVED, to amend the provisions of Rule 29, Article V of Board Res. No. 01, Series of 2002, known as the "Implementing Rules and Regulations of the Philippine Landscape Architecture, (IRRPLA)", to read now, to wit:

"Rule 29. Removal Examination of Examinees with Grade(s) Below Sixty (60%) Percent in Any Given Subject But Obtains a General Average Rating of Seventy (70%) Percent or Higher. —

"An examinee who obtains the required general weighted average rating of seventy (70%) percent or higher but obtains a rating below sixty (60%) in any given subject must take the examination in the subject or subjects where he obtained the rating below sixty (60%) percent WITHIN TWO (2) YEARS FROM THE DATE OF HIS/HER LAST EXAMINATION: PROVIDED, THAT, IF THE EXAMINEE IN HIS/HER FIRST ATTEMPT TO TAKE THE REMOVAL EXAMINATION IN THE SUBJECT/S WHERE HE/SHE OBTAINED GRADE/S BELOW 60% GETS THE SAME OR HIGHER GRADES BUT LESS THAN THE GRADE/S OF 70%, HE/SHE SHALL BE ALLOWED TO RETAKE THE SAME SUBJECT/S WITHIN THE SAID TWO-YEAR PERIOD; AND THAT IF THE EXAMINEE STILL fails to pass the subject/s AFTER TWO (2) ATTEMPTS, the examinee must take the entire board examinations again;

PROVIDED FURTHER, THAT, IF IN THE REMOVAL EXAMINATION, THE EXAMINEE GETS A MUCH LOWER GRADE SUCH THAT IF THE GENERAL WEIGHTED AVERAGE IS RECOMPUTED, IT BECOMES LOWER THAN THE REQUIRED SEVENTY PERCENT (70%), THE EXAMINEE MUST TAKE THE ENTIRE BOARD EXAMINATIONS AGAIN. THE SUBJECT OR SUBJECTS RETAKEN MUST HAVE EACH A RATING OF NO LESS THAN SEVENTY PERCENT (70%) IN ORDER TO QUALIFY AS HAVING PASSED THE EXAMINATION."

This Resolution shall take effect after fifteen (15) days following its full and complete publication in the Official Gazette or any major daily newspaper of general circulation in the Philippines.

Let a copy hereof be furnished to the UP Law Center, the (CHED) Commission on Higher Education, Higher Education Institutions offering the course in Landscape Architecture, Rating Division, and other concerned units of PRC for their information and dissemination.

Done in the City of Manila, this 21st day of February, 2012.

(SGD.) CARLITO B. PESONSChairman

(SGD.) CECILIA HERRAS-TENCEMember

(SGD.) CYNTHIA MORALES-SUNDIANGMember

ATTESTED:

(SGD.) CARLOS G. ALMELORSecretaryProfessional Regulatory Boards

APPROVED:

(SGD.) TERESITA R. MANZALAChairperson

(SGD.) ALFREDO Y. POCommissioner

(SGD.) JENNIFER JARDIN-MANALILICommissioner

Published in the Official Gazette on October 22, 2012.