Rules and Regulations Implementing Section 20 of PD 1308 Governing the Practice of Environmental Planning, Providing for Registration of Firms, Partnerships, Corporations or Associations of Environmental Planners, and for other Purposes

July 9, 2002

PROFESSIONAL REGULATORY BOARD OF ENVIRONMENTAL PLANNING RESOLUTION NO. 02-02

RULES AND REGULATIONS IMPLEMENTING SECTION 20 OF PD 1308 GOVERNING THE PRACTICE OF ENVIRONMENTAL PLANNING, PROVIDING FOR REGISTRATION OF FIRMS, PARTNERSHIPS, CORPORATIONS OR ASSOCIATIONS OF ENVIRONMENTAL PLANNERS, AND FOR OTHER PURPOSES

WHEREAS, Section 20 of Presidential Decree No. 1308 provides that consulting firms, partnerships, corporations, or associations may engage in the practice of Environmental Planning in the Philippines, subject to certain requirements;

WHEREAS, Section 11 of PD No. 1308 provides that no person shall practice or offer to practice Environmental Planning without having obtained the proper Certificate of Registration from the Board of Environmental Planning, hereinafter referred to as the Board;

WHEREAS, Section 8 (h) of PD No. 1308 provides that one of the powers and functions of the Board is to look from time to time into the conditions affecting the practice of the environmental planning profession and adopt measures necessary for the enhancement of the profession and maintenance of high professional, ethical and technical standards;

WHEREAS, Sections 8 (l) of PD 1308 provides that the Board shall issue, with the approval of the Professional Regulation Commission, hereinafter referred to as the Commission, such rules and regulations as may be deemed necessary to carry out the provisions of PD 1308;

WHEREAS, the registration of consulting firms, partnerships, corporations, or associations engaged in Environmental Planning will enable the Board to effectively formulate and implement rules and regulations for the enhancement and maintenance of high professional, ethical and technical standards of the environmental planning profession;

WHEREAS, there is need to protect the public against fraud, deception, or the consequences of ignorance and incompetence in the practice of Environmental Planning;

WHEREAS, registration will help the Commission and the Board to identify and impose corresponding sanctions and penalties on firms, partnerships and corporations which violate the rules and regulations of the Board or fail to adhere to professional, ethical and technical standards of the profession of Environmental Planning.

WHEREAS, in the formulation of these rules and regulations, the Board conducted a series of consultations with the Philippine Institute of Environmental Planners (PIEP),the accredited professional organization of Environmental Planners, the Council for Consulting Architects and Planners of the Philippines (CCAPP),the academe and representatives of planning firms, consulting firms, partnerships, and corporations;

NOW, THEREFORE, be it RESOLVED, as it is hereby RESOLVED, to require the registration of firms or companies, partnerships, corporations or associations engaged in Environmental Planning with the Board and the Commission, in accordance with Section 20 of PD 1308 and the implementing rules and regulations set forth hereunder;

BE IT FURTHER RESOLVED, to promulgate the following rules and regulations implementing Section 20 of PD 1308 governing the practice of Environmental Planning, providing for the registration of firms or companies, partnerships, corporations or associations of Environmental Planners and prescribing penalties for violation hereof.

ARTICLE I

Definition of Terms

SECTION 1.1. Terms Used.— When used in these implementing rules and regulations, the following terms have the meaning as indicated:

(a) Practice of Profession of Environmental Planning — otherwise referred to as city and regional planning or town and country planning, means the offering and/or rendering professional services in any of the following forms:

a.1 Development of a community, town, city or region;

a.2 Development of a site for a particular need, such as housing, centers for activities concerned with research, education, culture, recreation, or government, industrial estates, agriculture, and water resources, including creating spatial arrangement of buildings, utilities and communication routes;

a.3 Land use and zoning plans for the management and development, preservation, conservation, rehabilitation, and control of the environment; and

a.4 Pre-investment, pre-feasibility and feasibility studies.

In relation to the above, activities may also include the conduct of environmental impact assessment studies.

(b) Board — means the Board of Environmental Planning established under PD 1308.

(c) Commission — means the Professional Regulation Commission established under PD 223 as repealed by RA 8981.

(d) Types of Firms or Entities Who May Practice Environmental Planning.— Subject to the provisions of these rules and regulations, the following types of firms or entities may engage in the practice of Environmental Planning:

d.1 Firm — means an organization engaged in the practice of Environmental Planning.

d.2 Partnership — means a professional partnership engaged in the practice of Environmental Planning whether or not duly registered as such with the Securities and Exchange Commission (SEC).

d.3 Corporation — means an organization engaged in the practice of Environmental Planning and is duly registered with the SEC.

d.4 Association — means a group of two or more firms organized for a specific project.

(e) Environmental Planner — means a person who holds a valid Certificate of Registration issued by the Board.

(f)Certificate of Registration — means a statement in writing under seal, issued by the Commission upon recommendation of the Board attesting that a firm, partnership or corporation of Environmental Planners is duly registered to practice Environmental Planning in the Philippines.

ARTICLE II

Registration

SECTION 2.1. Qualifications for Registration.— A consulting firm or entity, in accordance with Section 1.1 (d),may register and engage in the practice of Environmental Planning, Provided,That it complies with the following requirements:

(a) At least seventy-five (75) percent of the entire membership of the Board of the corporation shall be registered Environmental Planners and at least seventy-five (75) percent of the total capitalization of said entity is owned by them; and

(b) The practice of the consulting firm, partnership, corporation or association in Environmental Planning shall be carried out by duly registered Environmental Planners.

SECTION 2.2. Period of Registration.— Within six (6) months from the effective date of these rules and regulations, firms, partnerships, and corporations of Environmental Planners, shall register with the Board and the Commission in the manner provided for in Article IV herein. They shall not commence the practice of Environmental Planning until a valid Certificate of Registration has been issued in accordance with these rules and regulations.

SECTION 2.3. Application for Registration.— The application for registration shall be accomplished in the form prescribed by the Board, in triplicate, and duly signed by the applicant or authorized representative. The application form for registration, hereto attached as Annex "A",shall contain such information as may be required by the Board including, but not limited to, the following matters:

(a) Name of Firm/Partnership or Corporation;

(b) Full name(s) of sole practitioner or partner(s) together with copies of their Certificates of Registration,current licenses issued by the Commission, and Privilege Tax Receipt (PTR);

(c) Certificate of Registration with the SEC or Department of Trade and Industry (DTI),if required;

(d) Complete postal address, telephone/fax numbers, e-mail address and web site of principal office/branch(es) or sub-offices, if any;

(e) Correspondent relationship with foreign environmental planning firms, if any and its/their complete postal address, telephone and fax numbers, e-mail address and web-site;

(f) Directors of corporation as appearing in the Articles of Incorporation or in General Information Sheets submitted annually to SEC;

(g) Tax Identification Number (TIN) of applicant; and

(h) Current business permit

SECTION 2.4. Renewal of Registration.— Registration of a firm or entity shall be renewed every three (3) years. Provided,That for firms or partnership, if there is a change in the composition of the partners or officers and directors, the change shall be submitted soonest in the same prescribed form as the application with a heading "change in composition" and duly notarized. A copy of the current General Information Sheet duly notarized shall also be submitted to the Commission. Renewals of Registration shall indicate changes that have taken place since the last registration.

SECTION 2.5. Action on Application.— The Board shall duly authenticate all applications for registration received in proper form and after having passed upon such applications shall, not later than fifteen (15) days after the application is filed, recommend approval or denial of the application to the Commission.

SECTION 2.6. Issuance of Certificate of Registration.— The Board shall issue to the applicant firm or entity the corresponding Certificates of Registration to practice Environmental Planning. Unless sooner revoked, cancelled or withdrawn, said Certificate of Registration shall be valid for three (3) years; and shall be renewed every three (3) years thereafter, upon payment of fees in accordance with these rules and regulations.

SECTION 2.7. Display of Certificate of Registration.— The Certificate of Registration shall be displayed in a prominent place within the environmental planning office.

SECTION 2.8. Roster of Environmental Planning Firms or Entities.— A roster showing the names and places of business of all registered environmental planning firms or entities, shall be prepared and kept updated by the Board and the Secretary of the Commission. Copies of this roster shall be furnished to all concerned agencies involved in planning and/or approval of environmental plans, and shall be made available to the public upon request.

 

ARTICLE III

Voluntary Withdrawal of Registration or Reinstatement

SECTION 3.1. Withdrawal of Registration.— Firms or entities of Environmental Planners, duly registered to engage in the practice of Environmental Planning, may voluntarily withdraw their registration by filing with the Board a petition in writing stating the reason(s) therefor. The petition shall be duly authenticated and signed by the representative of the firm or entity, requesting voluntary withdrawal. Upon approval, the petitioner's name shall be removed from the rolls of duly registered firms, and the petitioner shall be notified in writing of the withdrawal of the registration.

SECTION 3.2. Cessation to Practice.— Upon receipt from the Board of written notice of the withdrawal of registration, the petitioner shall cease to engage in the practice of Environmental Planning.

SECTION 3.3. Publication of Withdrawn Registration.— The Board, motu proprio,may publish the list of firms or entities whose registration has been cancelled or withdrawn and shall furnish copies of the list to pertinent government regulatory agencies.

SECTION 3.4. Filing for Reinstatement.— A firm or entity, which has voluntarily withdrawn its registration, may register anew by filing an application in accordance with Article II hereof.

ARTICLE IV

Fees and Penalties

SECTION 4.1. Registration Fee.— Application for initial registration, renewal and request for reinstatement shall be accompanied by a fee of one thousand pesos (P1,000.00).

SECTION 4.2. Suspension or Revocation of Certificates.— The Board shall have the power, after due notice and hearing, to suspend or revoke the Certificate of Registration of the concerned firm or entity for cause, such as engaging in unethical practice in accordance with the Code of Ethics of Environmental Planners,in accordance with these rules and regulations.

SECTION 4.3. Penal Provisions.— Any firm or entity committing any of the following acts, upon conviction, shall be sentenced by imprisonment of not less than six (6) months nor more than five (5) years imposed on the officer or officers responsible for the violation or by a fine of not less than two thousand pesos (P2,000) nor more than five thousand pesos (P5,000) or both, in the discretion of the Court:

(a )Engaging in the practice of Environmental Planning in the Philippines without having been registered or without having conformed to the provisions of PD 1308;

(b) Presenting or attempting to use as its own the Certificate of Registration of a registered environmental planning firm or entity;

(c) Giving any false or forged evidence of any kind to the Board, or impersonating any registered environmental planning firm;

(d) Attempting to use a revoked or suspended Certificate of Registration;

(e) Using or advertising any title or description tending to convey the impression that the firm or entity practices Environmental Planning without holding a valid Certificate of Registration;and

(f) Violating any of the provisions of these rules and regulations.

ARTICLE V

Effectivity

SECTION 5.1. Effectivity.— These rules and regulations implementing the registration of firms or entities, shall, upon approval by the Commission, take effect fifteen (15) days after publication in the Official Gazette.

DONE in the City of Manila, this 9th day of July 2002.

(SGD.) JOSEFINA M. RAMOS Chairman
(SGD.) LUIS T. TUNGPALANMember	(SGD.) LEANDRO A. VILORIAMember
Attested:
(SGD.) CARLOS G. ALMELORSecretary

Approved as part of Rules and Regulations governing the practice of Environmental Planning, this 9th day of July 2002 in the City of Manila.

(SGD.) ANTONIETA FORTUNA-IBEChairperson
(SGD.) ALFONSO G. ABADCommissioner	(SGD.) AVELINA DE LA REA-TANCommissioner

BEPL Form No. 02

February 2002

                                                        No.:__________

                                                        Date: __________

PROFESSIONAL REGULATION COMMISSION

APPLICATION FOR REGISTRATION OF FIRM/PARTNERSHIP OR CORPORATION OF ENVIRONMENTAL PLANNERS IN THE PRACTICE OF ENVIRONMENTAL PLANNING

1. Name of Firm/Partnership/Corporation: ________________________________

2. Category:� Firm� Partnership� Corporation

3.	Full Name of Sole Practitioner/	EP Certificate	Position in Firm/
	Partners/Directors	Number	Partnership/Corporation
	___________________	____________________	________________
	___________________	____________________	________________
	___________________	____________________	________________
	___________________	____________________	________________
	___________________	____________________	________________
	___________________	____________________	________________
	___________________	____________________	________________
	___________________	____________________	________________
	___________________	____________________	________________
	___________________	____________________	________________
	___________________	____________________	________________
	___________________	____________________	________________
	___________________	____________________	________________
	___________________	____________________	________________
	___________________	____________________	________________

4. SEC Certificate of Registration No.:__________________________________

5. TIN: ___________________Business Permit No. _________________

6. Complete Address of Principal Office: ________________________________

7. Tel.:_____________Fax: _________________E-mail: ______________

8. Name/Address of Branch(es) Sub-Office(s),if any: _____________________

_________________________________________________________________

_________________________________________________________________

This is to certify that the foregoing entries/information are true and correct on my own knowledge.

_______________________	_______________________
Place	Name/Signature
_______________________	_______________________
Date	Designation

ACKNOWLEDGMENT

 

Republic of the Philippines) s.s.

City of ______________   )

Personally appeared before me __________________________________ with his/her Community Tax Certificate No. _________________ issued at ________________ on _________ known to me and to me known to be the same person who executed the foregoing instrument and acknowledged the same to be his/her free voluntary act and deed.

_________________________

PRC Administering Officer

Notes: (1) Attach Copies of Certificate/Articles of Partnership or Incorporation/DTI Registration Certificate current General Incorporation Sheet (GIS)

(2) Use additional sheet if needed which must be certified as true and correct; or attach plantilla of partners and staff.