Rules and Regulations Implementing Section 25 of Republic Act No. 10587 on the Registration of Consulting Firms/Partnerships, Corporations, Associations and Foundations Engaged in Environmental Planning Practice with the Professional Regulatory Board of Environmental Planning and the Professional Regulation Commission

January 24, 2017

PROFESSIONAL REGULATORY BOARD OF ENVIRONMENTAL PLANNING RESOLUTION NO. 002-17

RULES AND REGULATIONS IMPLEMENTING SECTION 25 OF REPUBLIC ACT NO. 10587 (ENVIRONMENTAL PLANNING ACT OF 2013) ON THE REGISTRATION OF CONSULTING FIRMS/PARTNERSHIPS, CORPORATIONS, ASSOCIATIONS AND FOUNDATIONS ENGAGED IN ENVIRONMENTAL PLANNING PRACTICE WITH THE PROFESSIONAL REGULATORY BOARD OF ENVIRONMENTAL PLANNING AND THE PROFESSIONAL REGULATION COMMISSION

WHEREAS, Republic Act No. 10587, also known as the Environmental Planning Act of 2013, provides for the regulatory legal framework for the practice of environmental planning by natural and juridical persons in the Philippines;

WHEREAS, Section 25 of the same law requires all consulting firms/partnerships, corporations, associations and foundations engaged in environmental planning practice to register with the Professional Regulatory Board of Environmental Planning (Board) and the Professional Regulation Commission (Commission), subject to certain prescribed conditions;

WHEREAS, Section 36 thereof declares as unlawful the act of engaging in the practice of environmental planning in the Philippines without having been registered or licensed or without having conformed with the provisions of R.A. No. 10587. The same Section further provides that in case the offender is a corporation, partnership, association, foundation or juridical person, the penalty of imprisonment shall be imposed upon the registered and licensed environmental planner-in-charge jointly and solidarily with the registered professional as well as the controlling officials thereof responsible for permitting or causing the violation;

WHEREAS, the registration of consulting firms/partnerships, corporation, associations and foundations engaged in environmental planning practice will enable the Board to effectively formulate and implement policies, rules and regulations for the maintenance and enhancement of high professional, ethical and technical standards in the practice;

WHEREAS, as part of their regulatory mandate, the Board and the Commission shall ensure that only competent and qualified persons provide professional services in environmental planning;

WHEREAS, this registration requirement will help the Board and the Commission to identify and impose corresponding sanctions and penalties on environmental planning firms/partnerships, corporations, associations or foundations which violate the rules and regulations of the Board or fail to adhere to the professional, ethical and technical standards in the practice of environmental planning.

NOW, THEREFORE, the Board RESOLVES, as it is hereby RESOLVED, to prescribe, issue and promulgate the Rules and Regulations (IRR) Implementing Section 25 of R.A. No. 10587 (Environmental Planning Act of 2013) on the Registration of Consulting Firms/Partnerships, Corporations, Associations and Foundations, engaged in Environmental Planning Practice with the Board and the Commission, as follows:

RULE I

Definition of Terms

SECTION 1. Definition of Terms. — As used in this IRR, the following terminologies shall be construed to mean as:

a) Practice of the Environmental Planning refers to any of the following activities as cited in Section 5 of R.A. No. 10587:

1) Providing professional services in the form of technical consultation, rendering of technical advice, plan preparation, capacity building and monitoring and evaluation of implementation involving the following: CAIHTE

1.1 National, regional or local development and/or physical framework and comprehensive land-use plans;

1.2 Zoning and related ordinances, codes and other legal issuances for the development and management, preservation, conservation, rehabilitation, regulation and control of the environment, including all land, water, air and natural resources;

1.3 Planning and development of a barangay, municipality, city, province, region or any portion or combination thereof; and

1.4 Development of a site for a particular need or special purpose, such as economic or ecological zones, tourism development zones; and housing and other estate development projects, including the creation of any other spatial arrangement of buildings, utilities, transport and communications;

2) In relation to any of the activities enumerated in paragraph (a) above, preparing the following studies:

2.1 Pre-feasibility, feasibility and other related concerns;

2.2 Environmental assessments; and

2.3 Institutional, administrative or legal systems.

3) Curriculum and syllabi development of the subjects in licensure examinations for environmental planners and teaching in academic institutions and conducting review courses in environmental planning;

4) Serving as expert witness, resource person, lecturer, juror or arbitrator in hearings, competitions, exhibitions and other public fora; conduct of hearings, competitions, exhibits and other public fora;

5) Ensuring compliance with environmental laws, including the acquisition of regulatory permits; and

6) Performing other acts or conducting other activities that may be determined by the Board, subject to approval by the Commission, in light of the trend of the practice of the profession.

b) Board refers to the Professional Regulatory Board of Environmental Planning created under R.A. No. 10587;

c) Commission refers to the Professional Regulation Commission created under P.D. No. 223, as repealed by R.A. No. 8981;

d) Environmental Planner refers to a person who is registered and licensed to practice environmental planning and who holds a valid Certificate of Registration (COR) and a valid Identification Card (PIC) issued by the Board and the Commission;

e) Environmental Planning also known as urban and regional planning, city planning, town and country planning, and/or human settlements planning, refers to the multi-disciplinary art and science of analyzing, specifying, clarifying, harmonizing, managing and regulating the use and development of land and water resources, in relation to their environs, for the development of sustainable communities and ecosystems; and

f) Certificate of Registration for Consulting Environmental Planning Firm/Partnership, Corporation, Association or Foundation (Certificate) refers to the document issued by the Commission, upon the recommendation of the Board, attesting that a firm/partnership, corporation, association or foundation is duly registered with the Board and the Commission for the purpose of practicing the environmental planning profession in the Philippines.

RULE II

Coverage

SECTION 1. Coverage. — This IRR shall cover the following juridical entities:

a) Firm/Partnership refers to a business organization where two (2) or more persons contribute or pool their money, property or industry to a common fund to engage in a common business, and which manner of organization, operation, management and dissolution shall be governed by the provisions of the Civil Code of the Philippines;

b) Corporation refers to a business organization that exists under the provisions of a general or special law/charter creating them. It enjoys the right of succession, and such other powers, attributes and properties expressly authorized by law or as may be incidental to its existence;

c) Association refers to a group of two (2) or more persons who organize themselves to pursue a specific goal, project or undertaking; and

d) Foundation refers to a non-stock corporation or a non-stock non-profit corporation established for the purpose of extending grants or endowments to support its goals, or for raising funds to accomplish charitable, religious, educational, athletic, cultural literary, scientific, social welfare or other similar objectives.

RULE III

Requirements and Procedure for Registration

SECTION 1. Qualification for Registration. — A consulting firm/partnership, corporation, association or foundation shall apply for the issuance of a Certificate of Registration (Certificate) to engage in the practice of environmental planning in the Philippines: Provided, that it possesses the following qualifications:

a) For Firms/Partnerships — majority of the partners must be registered and licensed environmental planners.

 For Stock Corporations and Non-stock Non-profit Corporations, Associations and Foundations — majority of the members of the Board of Directors or Trustees must be registered and licensed environmental planners.

b) The practice of the consulting firm/partnership, corporation, association or foundation in environmental planning is carried out by duly registered and licensed environmental planners only. DETACa

SECTION 2. Effects of Registration. — The issuance of a Certificate shall entitle the consulting firm/partnership, corporation, association or foundation to legitimately engage in the environmental planning practice. No consulting firm, partnership, corporation, association or foundation shall commence practicing environmental planning until it has been issued a Certificate by the Board and the Commission in accordance with Section 25 of R.A. No. 10587 and this IRR: Provided, that those who have been issued Certificates under the provisions of P.D. No. 1308 shall be allowed to continue to hold the same until their expiry, subject however to compliance with the requirements herein provided in their subsequent applications for renewal.

SECTION 3. Documentary Requirements for Registration. — The applicant shall submit to the Accreditation and Registration Unit-Standards and Inspection Division (ARU-SID) the following documents to support its application:

a) Duly accomplished notarized Application Form ("Annex A");

b) Authenticated copy of the Certificate of Registration, Articles of Incorporation/Partnership and Bylaws issued by the Securities and Exchange Commission (SEC);

c) Photocopy of the valid PICs as Environmental Planners of the partners (Firm/Partnership) or members of the Board of Directors (Stock Corporation) or Trustees (Non-stock Non-profit Corporation);

d) Organizational chart, with the names of the incumbent holders of existing environmental planning positions in the firm/partnership, corporation, association or foundation; and

e) Two (2) pieces of documentary stamps.

SECTION 4. Procedure in the Processing of Application. — The following steps shall be observed in the processing of applications:

1) The ARU-SID, through its accountable processing clerk, shall initially evaluate the application based on the documentary checklist. The processing clerk and the Chief of the SID shall make their appropriate recommendations on the Action Sheet found in the Application Form within two (2) days from receipt of the application. After completing the initial evaluation, the SID shall endorse the application to the Board, through its designated Focal Person, for action. The SID shall simultaneously furnish notices to the other Members of the Board of the applications filed and which are endorsed to the Focal Person.

2) The Board Focal Person shall conduct further evaluation of the application and may, as part of the evaluation of the application, require the inspection of the applicants' office premises not later than five (5) days from the endorsement of the application. The action and/or decision of the Board Focal Person shall also appear in the Action Sheet.

3) All approved applications by the Board Focal Person shall be forwarded to the SID for the preparation of the Certificates.

4) The SID shall forward the Certificates, accompanied with the filled-out Action Sheets, to the Board Chairperson and Commission Chairperson for their signatures.

SECTION 5. Issuance of Certificate of Registration and Establishment of a Roster of Consulting Firms/Partnerships, Corporations, Associations and Foundations. — The Certificate ("Annex B") shall be issued to a firm/partnership, corporation, association or foundation that has complied with all the requirements. All firms/partnerships, corporations, associations and foundations that have been issued Certificates shall be entered in the roster of environmental planning firms/partnerships, corporations, associations and foundations of the Board and the Commission. Their names shall be retained in the roster for the duration of the validity of their Certificates.

SECTION 6. Ratification of Approved Applications. — All applications approved by the Board Focal Person shall be subsequently ratified by the Board through a Resolution passed for that purpose. The names and the application documents of all those who have been issued Certificates, upon the action of the Board Focal Person, shall be submitted on a monthly basis to the Board for ratification. The Board Resolution shall also be subject to ratification by the Commission.

SECTION 7. Disapproved Applications. — All applications disapproved by the Board Focal Person shall be returned to the SID for proper notification to the applicant. Any request for reconsideration shall be filed with the Board which shall resolve the same not later than three (3) days from receipt of the request. In resolving the MR, The Board may either override the decision of the Board Focal Person and consequently direct that the application be given due course, or sustain the decision of the Board Focal Person disapproving the application. In the latter case, the applicant may file an appeal to the Commission to set aside the Board's decision.

SECTION 8. Renewal of Certificates of Registration. — The Certificate shall be renewed after every five (5) years. Applications for renewal shall be filed at least three (3) months prior to the expiration of the Certificate sought to be renewed. Failure to renew the Certificate within the prescribed time shall be a cause for the removal of the name of the firm/partnership, corporation, association or foundation from the roster referred to in Section 5 hereof. This is without prejudice to the filing of an application for reinstatement, subject to the same requirements and procedure set forth in Rule III of this IRR.

SECTION 9. Change in the Composition of the Partners, Officers or Directors. — In case there is any change in the composition of the partners, officers or directors, the firm/partnership, corporation, association or foundation shall notify the Board, through the SID, of such change within thirty (30) days from the time that the change was effected. The notification shall be accompanied with a copy of the current General Information Sheet (GIS) of the firm/partnership, corporation, association or foundation that was submitted to the SEC.

RULE IV

Fees

SECTION 1. Registration Fee. — The filing of the application for initial registration, renewal and reinstatement shall be accompanied by payment of the corresponding fee in the amount of Three Thousand Pesos (Php3,000.00).

RULE V

Suspension or Revocation of Certificate of Registration

SECTION 1. Suspension or Revocation of Certificates. — The Board shall have the power, after due notice and hearing, to suspend or revoke the Certificate for such grounds or causes, which include the failure of the consulting firm, partnership, corporation, association or foundation to display the Certificate in a conspicuous place within the office where the same is operating. The Board, through its Focal Person, may conduct periodic inspection of such firms/partnerships, corporations, associations and foundations to monitor their compliance with the standards and requirements prescribed by the Board.

SECTION 2. Penal Provisions. — Firms/partnerships, corporations, associations and foundations engaging in the practice of environmental planning in the Philippines without having been registered and licensed or having conformed to the provisions of R.A. No. 10587 shall, upon conviction, be sentenced to imprisonment of not less than six (6) months nor more than five (5) years or a fine of not less than One Hundred Thousand Pesos (Php100,000.00) nor more than Five Hundred Thousand Pesos (Php500,000.00), or both, at the discretion of the court. In case the offender is a firm/partnership, corporation, association, or foundation, the penalty of imprisonment shall be imposed upon the registered and licensed environmental planner-in-charge jointly and solidarily with the responsible professionals as well as the controlling officer or officers thereof responsible for permitting or causing the violation. aDSIHc

RULE VI

Effectivity

SECTION 1. Effectivity. — The IRR shall, upon approval by the Commission, take effect fifteen (15) days after publication in the Official Gazette or in any newspaper of national circulation.

Let copies hereof be distributed to the U.P. Law Center, Philippine Institute of Environmental Planners (PIEP), and other relevant government agencies for information and guidance.

DONE in the City of Manila, this 24th day of January, 2017.

(SGD.) JOSEFINA M. RAMOSChairperson

(SGD.) LIRIO T. ABUYUANMember

(SGD.) DOLORES A. ENDRIGAMember

ATTESTED:

(SGD.) ATTY. LOVELIKA T. BAUTISTAOIC, Office of the Secretary to the PRBS

Approved:

(SGD.) TEOFILO S. PILANDO, JR.Chairman

(SGD.) ANGELINE T. CHUA CHIACOCommissioner

(SGD.) YOLANDA D. REYESCommissioner

ANNEX A

Application Form

PROCEDURE IN APPLYING FOR REGISTRATION OF CONSULTING FIRM/PARTNERSHIP/CORPORATION/ASSOCIATION/FOUNDATION ENGAGED IN ENVIRONMENTAL PLANNING PRACTICE

Step 1. Secure Application Form at the Standards and Inspection Division counter or download at www.prc.gov.ph.

Step 2. Fill-out Application Form then proceed to Standards and Inspection Division processing window for evaluation and assessment.

Step 3. Proceed to Legal Division for notarization of application and clearance of no derogatory Record.

Step 4. Proceed to Registration Division for verification of license/s.

Step 5. Proceed to Cashier for the payment of Registration Fee P3,000.00.

Step 6. Submit application form with all the required documents and official receipt to the Standards and Inspection Division designated window.

Step 7. Verify your application after ______ days from the time of submission by calling 310-1048 (Standards and Inspection Division).

CHECKLIST OF REQUIREMENTS FOR APPLICATION

[ ] Duly accomplished and notarized application form

[ ] Authenticated copy of the Certificate of Registration, Articles of Incorporation/Partnership and By-laws issued by Securities and Exchange Commission (SEC)

[ ] Photocopy of the valid Professional Identification Cards of Environmental Planners

[ ] Organizational Chart, with the names of the incumbent holders of existing environmental planning positions in the partnership, corporation, association or foundation

[ ] Short brown envelope

[ ] Two (2) pcs. documentary stamps

Note:

1. Applications with incomplete documents will not be accepted. Documentary stamps are available at the PRC costumer service counters and PRC Regional Offices.

2. Representative/s filing and claiming the Certificate of Registration on behalf of the applicant must present Special Power of Attorney (SPA) and valid proof of identification of the applicant and the representative. CAIHTE

ANNEX B

Katibayan ng Rehistrasyon

 

Published in the Official Gazette, Vol. 113, No. 11, Page 2104 on March 13, 2017.