epart^-^ls^s^ - department of justice 057 (ra no...professional law." which was approved on 23...

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: PGCAA-MC-28J15- Republika ng Pilipinas KAGAWARAN NG KATARUNGAN Department of Justice Manila ' MEMORANDUM CIRCULAR NO. TO Cc SUBJECT DATE DOJ Library Undersecretaries and Assistant Secretaries The Prosecutor General The Chief State Counsel Heads of Bureaus^ Commissions and Offices attached to the DOJ All Concerned Republic Act No. 10690 28 October 2015 Transmitted herewith, for the records of the Department Library, is a certified copy of Republic Act No. 10690, entitled, "AN ACT REGULATING THE PRACTICE OF FORESTRY IN THE PHILIPPINES AND APPROPRIATING FUNDS THEREFOR, REPEALING FOR THE PURPOSE REPUBLIC ACT NUMBERED SIX THOUSAND TWO HUNDRED THIRTY-NINE (R.A. NO. 6239), KNOWN AS 'THE FORESTRY PROFESSIONAL LAW." which was approved on 23 October 2015. For information and guidance. y: //-/ Prosecutor General CLARO A. ARELLANO Officer-In-Charge, Department of Justice Enclosed; As stated.

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: PGCAA-MC-28J15-

Republika ng PilipinasKAGAWARAN NG KATARUNGAN

Department of Justice

Manila '

MEMORANDUM CIRCULAR NO.

TO

Cc

SUBJECT

DATE

DOJ Library

Undersecretaries and Assistant SecretariesThe Prosecutor GeneralThe Chief State CounselHeads of Bureaus^ Commissions and

Offices attached to the DOJAll Concerned

Republic Act No. 10690

28 October 2015

Transmitted herewith, for the records of the Department Library, is a certified copy ofRepublic Act No. 10690, entitled, "AN ACT REGULATING THE PRACTICE OFFORESTRY IN THE PHILIPPINES AND APPROPRIATING FUNDS THEREFOR,REPEALING FOR THE PURPOSE REPUBLIC ACT NUMBERED SIX THOUSANDTWO HUNDRED THIRTY-NINE (R.A. NO. 6239), KNOWN AS 'THE FORESTRYPROFESSIONAL LAW." which was approved on 23 October 2015.

For information and guidance.

y: //-/Prosecutor General CLARO A. ARELLANOOfficer-In-Charge, Department of Justice

Enclosed; As stated.

ABrWL

RhDUKDS

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©ffite of ^rcsiibentof t^z ^fjilippineg

idalacanans

MALACANANG RECORDS OFFICE

Offict o*

27

epaRT^-^LS^S^

Manila, October 27, 2015

HON. ALFREDO BENJAMIN S. CAGUIOA

SecretaryDepartment of JusticeManila

S I r:

I have the honor to transmit for your information and guidance,a certified copy of Republic Act No. 10690 which was approved on October23, 2015 entitled "AN ACT REGULATING THE PRACTICE OF FORESTRYIN THE PHILIPPINES AND APPROPRIATING FUNDS THEREFOR,REPEALING FOR THE PUPROSE REPUBLIC ACT NUMBERED SIX

THOUSAND TWO HUNDRED THIRTY-NINE (R.A. NO. 6239), KNOWNAS "THE FORESTRY PROFESSION LAW."

Thank you.

Very truly yours,

MARIANITO M. DIMAANDAL

Director IV

M-128 Mabini Hall, Malacanang, Manila Trunkllne 784-4286 loc. 4029/ 4123/ 4153

OPTHP

ORfTCO^^

H. No. 5707

S. No. 2055

Jlfiputltcofflje ^''Congma of piftltpptn^s 1

^tita^iarnhx

^ixttenil^ ^Dtigms

SIprb 5^gukr^es0toti

Begun and held in Metro Manila, on Monday, the twenty-seventhday ofJuly, twothousand fifteen. ^

[REPUBLIC ACT NO. 10690]

AN ACT REGULATING THE PRACTICE OF FORESTRY INTHE PHILIPPINES AND APPROPRIATING FUNDSTHEREFOR, REPEALING FOR THE PURPOSEREPUBLIC ACT NUMBERED SIX THOUSAND TWO

HUNDRED THIRTY-NINE (RA NO. 6239), KNOWNAS"THE FORESTRY PROFESSION LAW"

Be it enacted by the Senate and House ofRepresentatives of thePhilippines in Congress assembled:

ARTICLE I

Title, Policy, Objectives, TermsAND Scope of Practice

Section l. Title. - This Act shall be known as "TheForestry Profession Act".

Sec. 2. Statement ofPolicy. - The Stal^ recogn^es theimportance of professional foresters in nation building anddevelopment. Hence, it shall develop and nurtiare competent,ethical,globallycompetitiveand well-roundedprofessionalforesterswho shall observe the highest standards of excellence, and whose

professionaliam shall be fostered through the administration oftransparent, credible and relevant licensure examinations, asystem ofregistrationand self-regulation,and through continuingeducatlorL

Sec. 3. Objectives. - This Act shall govern:

(a) The examination, registration and licensure ofprofessionalforesters;

(b) The supervision, control and regulation ofthe practiceofforestry in the Philippines;

(c) The development and upgrading of the curriculum;

(t^) The'development of the professional competence offoresters through mandatory Continuing ProfessionalDevelcpment (CPD); and

(e) The integration of the forestry profession.

Sec. 4. Definition of Terms, —As used in this Act:

(a) Accredited Professional Organization (APO)refers tothe organization integrating all associations, federations, andgroups of licensed foresters that have been accredited by theProfessional Regulatory Board for For^ters to be createdhereunder, subject to the approval ofthe ProfessionalRegulationCommission(PRC) created under RepublicAct No.8981,knownas the "PRCModernizationAct of2000", as amended;

(b) Forestryrefers to the art, science, practice, and businessof sustainable management of forest and forestland resources forthe production of goods and services and the enhancement ofbenefits and values of such resources to provide the needs 6f thepresent andfuture generations;

•^c) Professionalforester refers toaregistered andlicensednatmalperson who holds a valid certificate ofregistration and avalid profegsidha^identification card issued by the Professional

v.Begulato^y Board for Foresters and the PRC pursuant to thisAct.

Sec. 5. Scope ofPractice ofForestry. —..-The practice offorestry shall include the following:

(a) Different aspects of actual or supervisory activities orservicessuch as the parametric classification oflands ofthe publicdomain and subclassification and capability determination offorestlands; inventoryofforestortimberand other forestproducts;reconnaissance and survey of road locations and quarry sites;planning and implementing ofharvesting operations and timberimprovement; scaling and grading of,and manifesting taxes onlogs and derivative woodproducts as wellas other forestproductspreparation ofdesigns, plans and specifications offorest productsprocessing plants; treatment ofwood and other forest products;inspection and investigation ofharvesting and processingplants;preparation, certification or authentication, or both, of log andlumber dealers, sawmilloperators and other mill test reports;planning and implementation offorest nursery, afforestation,reforestation, industrial and community-based tree plantation,tree farm and agroforestry farm projects; planning andimplementation offorest parks, wilderness areas, coastal areasand other protected area systems development; planning andimplementation of forest protection systems, forest and soilresomces conservation measures; and conduct ofenvironmentalrisk scoping and environmental impact assessment;

03) The preparation and conduct of feasibility studiespertaining to natural forest and plantation forest management,watershed management, range or grazing land management,wildlife and biodiversity systems management,wood technologyand timber engineering, wood products manufacturing andmarketing management, and technical or managementconsultancy;

(c) The conduct of forest experiments, research anddevelopment, trainingand extension concerningforestry, andtheteaching offorestry subjects in any accredited collegeor schoolofforestry;

(d) Government institutional activities or services whereinthe principal policy and strategyisl^e®^, and the practice ofprofessional forestry is essential, such the undertaking,supervision, or administration of studies, programs, stations,centers, community/provincial/regional offices, and such otheractivities or services that, by law, should be inherently exercisedby professionalforesters; and

(e) Forestry activities and services required by localgovernment units, private corporations, foundations,nongovernment organizations, andforeign assisted projects.

The Professional Regulatory Board for Foresters, subjectto approval by the PRC, may revise, exclude from, or add to theabove enumerated acts or activities as the need arises to conformto the latest trends in the practice offorestry.

ARTICLE n

Creation of the Professional Regulatory

Board for Foresters

Sec. 6. Creation and Composition of the ProfessionalRegulatory Board for Foresters. - There is hereby created acoUegial bodyunder the administrative supervision and controlofthe PRd,which shall be called the Professional RegulatoryBoard for Foresters, hereinafter referred to as the Board. TheBoardshallbecomposed ofa Chairpersonand two(2) memberstobe appointed by the President of the Republic of the Philippinesfrom a list of three (3)recommendees for each position, chosenand submitted by the PRC from a list of five (5) nominees forevery position endorsed by the APO.

Sec. 7. Qualifications ofMembers ofdhe Board. - At thetime oftheir respective appointments, the members ofthe Board,including the Chairperson, must:

(a) Be a natural born Filipino citizen and a resident of thePhilippiaes;

(b) Be of good moral character;

(c) Not be convicted by a court ofcompetent jurisdiction ofan offense involving moral turpitude;

(d) Be a holder of a Bachelor's Degree in Forestry,preferably ^ith'̂ 'Masteral or Doctorate Degree in Forestryconferred]^aduly licensed school, college oruniversity recognized

v:

by the Commissionon Higher Education (CHED);

(e) Be a registered forester with a valid certificate ofregistration and a valid professionalidentificatdon card, and withat least ten (10) years ofpractice prior to appointment;

(0 Be a member in good standing of the APO;

fe) Not be a member ofthe faculty ofany school,collegeoruniversity where a regular or review course in forestry is offered,not a member ofa staffofreviewers in a review school or center,and doesnot have any director indirectpecuniary interest in anysuch institution; and

(h) Not be an officer or trustee of the APO.

Sec. 8. Term of Office of the Members of the Board.- The Chairperson and members of the Board shallhold officefora term of three (3)years from the date of appointment or untiltheir successors shall have been qualifiedand appointed. Theymaybe reappointedin the same office for another term of three(3) years immediately after the e^qjiry of their term: Provided,That the holding ofsuch positionshall not be more than two (2)terms or not more than six (6) years: Provided, further, Thatthe first Board appointed -under this Act shaRhold these terms ofoffice: the Chairperson for three (3)years; the first member fortwo (2)years; and the second member for one (1)year: Provided,finally, That an appointee to a vacancy shall serve only theunexpired portion of the term of office. The Chairperson and themembers shall take their oaths ofofficebefore a duly authorizedofficer. .K.

Sec. 9. Compensation, Allowances of the BoardMembers.- The Chairperson and members of the Board shall receivecompensation, allowances, and other benefits comparable to thoseofthe chairpersons andmembers ofotherprofessional regulatoryboards under the PRC.

Sec. 10. Powers,Functions, Duties and Responsibilitiesof the Board. - The Board shall exercise executive andadministrative rule-making and quasi-judicial powers to carryout the provisionsofthis Act. It shall bevested with the followingspecificpowers, functions, duties, and responsibilities:

(a) To regulate the practice offor^fciyinaccordance withthe pro-visions of this Act;

(b) To adopt and promulgate the Code ofEthics, the Codeof Good Governance, and the Code of Technical Standards for thePractice of Forestry;

(c) To adopt an official seal of the Board;

(d) To prescribe and promulgate guidelines on themandatory CPDfor foresters in consultation with the APO;

(e) To prescribe and promulgate the syllabi/table ofsjpecifications for the subjects in the licensure examination inconsultationwith the academe and the CHED;

(:l^ Toissue or cancel temporary or special permits grantedto foreign foresters;

(g) Toadopt a program for walk-in licensure examination,if necessary;

(h) To evaluate and approve applications for licensureexamination;

(i) Toprepare questions for the subjects in the licensureexamination, give and correct the examination, and release theirresults;

(]) Toregister qualifiedpersonsforthe practiceofforestry,and issue thereto certificates of registration and professionalidentification cards;

(k) To administer oaths;

Q.) To^ monitor the conditions affecting the practice offorestry through ocular inspections of establishments whereforesters are practicing, and adopt such measures as may bedeemed properfor the enhancement and maintenance ofhighprofessional, moral, ethical, and technical standards;

(in) To enter into a memorandum ofagreementwith'theCHED and the PRC to ensure that all higher educational^instru^ions and offeringsofdegree, course,or program comply;with the policies, standards, and requirements of the course

4prescribed bytJie^HED in the areas of curriculum, faculty,library, andfaSlitles;vx- f

(n) To ensurequalityforestryeducation byexamining thefacihties ofuniversities or colleges offering BachelorofScience inForestry seekingpermission toopenforestry courses, andensuringthat these comply with the requirements set by the CHED. Theauthority to open or close colleges or universities offering

BS Forestry shall be vested on the CHED upon the writtenrecommendation of the Board;

(o) To hear andinvestigate cases onviolations ofthis Act,its implementing rules andregulations (TRR), the Code ofEthics,the Code of Good Governance, the Code of Technical Standardsforthepractice offorestry, andotherpoHcies and,forthis purpose,toissuesummons, subpoena ad testificandum andsubpoena ducestecum to alleged violators and witnesses to compel theirattendance in hearings or investigations;

(p) To delegate thehearing orinvestigationofcases againsttheallegedviolators: Provided, Thatthehearing orinvestigationofcaseswherein the issue or questionstrictly involvesconcernsover thetechnicalpractice offorestry shallbepresided over byatleastone (1) member oftheBoard assisted byaLegal orHearingOfficer of the PRC;

(q) To endorse cases involving criminal violations of thisAct and other laws, its IRR, and other policies,to the ProsecutionOfficefor investigation;

(r) To decide administrative cases against examinees orregisteredforesters: Provided, That uponthe findingofguilt,theexaminationpapers ofthe examinees shallbe cancelled and theyshall be^harred from taking another licensure examination:I*rovided, further, That in the caseofregistered foresters, theircertificate of registration shall be suspended and revoked:Provided, furthermore. That the effectivity ofthe penalty shallonly commence from the date of surrender of the certificatestogether with the professional identification cards: Provided,finally, That the decision ofthe Boardshall,unless appealedtothe PRC, become finalandexecutory afterfifteen(15) daysfromreceipt ofnotice ofjudgment or decision;

(s) To reissue orreinstaterevoked orsuspended certificatesofregistration and une^ired professional identification cards tothe holders thereof: Provided, ThaTtEb^eTOked certificates ofregistration shall onlybe reissued after the lapse of the periodprovided in this Act: Provided, further. That the Board shallissue a resolution thereonsubjectto the approvalofthe PRC,after the fitness to practice anew the forestry profession issatisfactorilyestablished: Provided, finally. That the suspended

certificate ofregistrationshall only be reissued upon the e3q)irationofthe period imposed in the decision of the Board;

(t) To conduct, through the legal or hearing officers,summary proceedings on minor violations of this Act, its IRR,any of the codes aforementioned, the general instructions toexaminees, and to render summary judgment thereon whichshall, imless appealed to the PRC, become final sind executoryafter fifteen (15)days from receipt ofnotice ofjudgment or deckion;

(u) To prepare an annual report of accomplishments,programs, projects, and activities of the Board during the year ofsubmission to the PRC after the close of each calendar year, andto mahe appropriate recommendations to the Commission onissues or problems affecting the forestry profession;

(v) T© discharge other implied, incidental, necessarypowers, duties, functions, and responsibilities to effectively carryout the provisions ofthis Act and its policies or measures and theachievement of its objectives; and

(w) To issue and promulgate rules and regulationsimplementing the provisions of this Act.

The rules and regulations, codes, and other poHdes embodiedin a resolution issued and promulgated by-^e Board shall besubject to review and approval by the PRC. However, the Board'sdecision, resolution, or order rendered in an administrative casewhich is not interlocutory shallbe subject to review only on appealto the PRC or the regular courts.

Sec. 11. Grounds for Removal or Suspension of BoardChairperson/Member. —The President of the Philippines, uponthe recommendation of the PRC, after giving the Chairperson ora member ofthe Board an opportunity to defend oneself in anadministrative investigation conducted by the PRC, may remove

/or suspend the official on any ofthe following grounds:

(a) (^oss neglect, incompetence or dishonesty in thedischarge of one's duty;

(b)' Violation of any of the causes, groTjnds, and theprohibitedacts provided in this Act, and the offenses in the RevisedPenal Code, the Anti-Graft and Corrupt Practices Act, and otherlaws; and

(c) Manipulation or rigging of the Hcensure examinationresults for foresters, disclosure of secret and confidentialinformation on the examination questions prior to the conductthereof, or tampering of grades.

The PRC, in the conductofthe investigation, shallbe guidedby Section 7(s) ofRepublic Act No. 8981, as amended, otherwiseknown as the "PRC Modernization Act of 2000", the rules onadministrative investigation, and the applicable provisions oftheRules of Court.

Sec. 12. Custodian of its Records, and Provision ofSupport Services. - The PRC shall keep all records of the Boardincluding applications for examination, examination papers andresults, minutes of deliberations, and administrative cases. ThePRC shall designate a Secretary of the Board who aball assist theBoard in the implementation ofthe provisions of this Act.

ARTICLE III

Examination, Registration, Certification,AND LICENSURE

Sec. 13. Licensure Examination Requirement. —Exceptas otherwise specifically allowed under this Act, applicants forregistratibnfor the practice offorestry shallbe required to pass ahcensure examination as provided for in this Act in such placesand dates as the PRC may designate in a Resolution mandatingthe Master Schedule for aUhcensure examinations, in accordancewith Section 7(d) ofRepubhcActNo. 8981, as amended.

Sec. 14. Qualifications ofan Applicant for the LicensureExamination. —An apphcant for the hcensure examination forforesters shall satisfactorily prove possession of the foUowingqualifications:

(a) Phihppine citizenship, or in the case of a foreigner,citizenship ofa country or state that a reciprocity agreementwith the Phihppines onthe practice offo^tyy;

(b) Good moral character;

(c) Bachelor's degree in forestry or forest productsengineering, or agroforestry conferred by a school, coUege, oruniversity recognized and duly accredited by the CHED, or a

10

graduate of Bachelor's degree in forest product engineering, orBachelor of Science in Agroforestry with at least seventy (70)units of core subjects in forestry and related subjects; and

(d) No conviction of an offense involving moral turpitudeby a court of competent jurisdiction.

Sec. 15. Subjects for Licensure Examination. - Thelicensure examinationfor foresters shall include the following:

(a) ForestEcosystem;

(b) Forest Policy and Governance;

(c) ForestEngineering and Utilisation; and

(d) ForestResource Management.

The Board, subject to the approval ofthe PRC, may reviseor exclude any of the subjects in their syllabi, and add new onesas the need arises to conform to technological changes broughtabout by trends and developments in the profession.

Sec. 16. Bating in theLicensure Examination. - To passthe foresters Hcehsure examination, a candidate must obtain ageneral or weighted average rating of seventy-five percent (75%).

y'Sec. 17. Bepqrt ofRating. — The Board shall submit to

the PRC the.ratings obtained by the candidate not later than ten(10) days after the last day of the examination, unless it is extendedfor a valid cause.

Sec. 18. Oath. - All successful candidates in the licensureexamination shall take their oath of profession before theChairpersonorWymember ofthe Board, orany authorized officerof the PRC, oranypersonauthorizedbylawto administer oaths,

. prior te entering upon the practice of forestry.\ *

f Sec. 19. Issj^ance of Certificate of Registration andProfessionaliden^fication Card. - Acertificate ofregistration

vs-hailbe is^edto those who pass the hcensure examination, subjectto pasnnent of fees prescribed by the PRC and the Chairperson

'andmembers ofthe Board, stamped with the official sealof thePRC and of the Board, certifying that the person named thereinis entitled to practice the profession with all the privileges

11

appu^nant thereto. Until withdrawn, revoked, or suspended inaccordance with this Act, it shall remain in full force and effect.

A professional identification card bearing the registrationnumber and date of issuance, its e::q)ifydate, and the signatureof the Chairperson of the PRC shall likewise be issued to everyregistrant who has paid the prescribed fee. It shall be reissuedafter every three (3) years upon payment of the prescribed fees.

Sec. 20. Refusal to Register. — The Board shall notregister any successful examinee in the foresters licensureexamination who has been:

(a) Convicted ofan offense involving moral turpitude by acourt of competent jurisdiction;

(b) Found guilty of immoral or dishonorable conduct bythe Board;

(c) Summarily adjudged guilty for violation of the generalinstructions to examinees by the Board; and

(d) Declared of unsound mind by a court of competentjurisdiction.

In refusing such registration, the Board shall give theapphcanfa written statement setting forth the reasons thereforandshallfile acopy thereofinitsrecords.

Sec. 21. Revocation or Suspension of the Certificate ofRegistration and Cancellation of Temporary/Special Permit.- The Board shall have the power, upon notice and hearing, torevoke or suspend the certificate of registration of a registeredforester or to cancel a temporary or special permit granted to aforeigner forester, for violation of any ofthe grounds or causes inSection 20 of this Act, except (c) thereof and any of the followinggrounds:

(a) Violation of a provision Act, its IRR, Code ofEthics, Code ofGood Governance; Code^-Technical Standardsfor the Practice ofForestry, policy, and measure of the Board orthe Commission;

(b) Perpetration or use offraud in obtaining one's certificateof registration, professional identification card, temporary orspecial permit;

12

(c) Grossincompetence, negligence or ignorance resultingto death, injury or damage;

(d) Refusal to join or to remain a member in goodstandingof the APO;

(e) Neglect or failure to pay the registration fees for three(3) consecutive years;

. (f) Aiding or abetting the illegal practice of a non-registeredand licensed person by allowing another to use one's certificate ofregistration or professional identification card, or both, andtemporary or special permit;

(g) Illegally practicing the profession during one'ssuspension;

(h) Proven addiction to drug or alcohol, impairing one'sability to practice the profession, or declared with unsound mindby a court of competent jurisdiction. In case of drug or alcoholaddiction, a finding to this effect of a medical or drug testingfacility shall be sufficient; and

(i) NoncompUance with the CPD requirement, unless oneis exempted therefrom for the renewal of the professionalidentificationcard. ^

Any person, firm or association may file charges inaccordance with the provision of this section against anyregistrant, or the Board may, on its own, investigate any of theabovementioned violations. An affidavit-complaint shall be filedtogether with the affidavits of witnesses and other documentaryevidence with the Board through the Legal and InvestigationOffice. The Board may conduct an investigation, motiLproprio,on a matter relating to the commission of a violation: Provided,

\ That ^ch decisionto investigate shallbe embodiedin a formalcharge to be signpd by at least majority of its members. Therules on ad^inia^ative investigation issued by the PRC shall

^gpvemthpheaiing or investigationsubject to applicable provisionsof this Act, Republic Act No. 8981, as amended, and the Rules of•Court.

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Sec. 22. Peissuance ofRevokedCertificateofRegistration,Replacement of Lost or Damaged Certificate of Registration,Professional Identification Card or Temporary/Special Permit.—The Board may, upon petition, reinstate or reissue a revokedcertificate ofregistration after two (2)years from the effectivityof the period for revocation, which is the date ofsiurrender ofthecertificate and professional identification card ifstill valid, to theBoard and the PRC. TheBoardmay notrequire the holder thereofto take another licensure examination. The petitioner shallproveto the Board that there are valid reasons to practice the profession.TheBoardshall issue a Boardresolutionforgranting the petition,subject to the approval of the PRC.

In the case ofa lost or damaged certificate of registration,professionalidentificationcard or temporary/specialpermit, thesame may be issued upon application of the valid license holderin accordance with the prescribed procedure and subject to thepayment of the prescribed fees.

Sec. 23. Nonpayment of the Annual Registration Fees.—The Board shall suspend a registeredforester from the practiceofthe profession fornonpaymentofthe registration fees for three(3)consecutive years from its last or previous year ofpajunent.The resumption of the forester's practice shall commence onlyuponpayment of the delinquentfees plus surcharges and interestand, in accordance with the rules ofthe PRC. The three (3)-yearsuspensionperiod maybe interrupted upon written notice alDoutthe discontinuance ofone's practice andsurrender of the certificateofregistration to the Board and the PRC.

Sec. 24. Vested Rights: Automatic Registration. —Allforesters registered at the time of effectivity of this Act shall bedeemedautomatically registeredunder thisAct. Henceforth,theyshall seek the renewal of their registration according to therequirements set forth in this Act.

Certificates ofregistration and^^essionalidentificationcards or temporary/special permitshel(i^siich persons in goodstanding-at the time ofthe effectivity of this Act shall have thesame force and effect as though they were issued on or after theeffectivity of this Act.

14

ARTICLE rv

PRA.CTICE OF FORESTEY

Sec. 25. Lawful Practitioners ofForestry. - ThefoUowingnatural persons and juridical persons shall be authorized topractice the forestry profession:

(a) Naturalpersons:

(1) Duly registered foresters and holders ofvalid certificatesofregistration and valid professional identification cards issuedby the Board and the PRC pursuant to this Act; and

(2) Holders ofvalid temporary or specialpermits issued bythe Board and the PRC to foreign licensed foresters pursuant tothis Act.

I

(b) Juridical persons:

(1) Single proprietorship whose owner and staff areregistered foresters;

(2) Partnership duly registered with the Securities andExchange Commission (SEC) asprofessionalpartnership pursuantto the New Civil Code, and composed of partners who are all dulyregistered foresters;

(3) Corporation duly registered with the SEC as engagedin the practice of forestry with officers and Board of Directorswho are all registered foresters; and

(4) Association duly registered with the SEC as nonprofitand nonstodi: corporation whose officers, Board of Trustees, andmembers are all registered foresters. '

These juridical persons shall also be registered with theBoar^ and the PRC in accordance with duly issued rules and

' regifiations. , \' f

SEp. 26. Issuance and Use of Seal. — All registeredforesters shall obtain a seal of a design and make as the Boardshall authorize and direct: Prooideci, That the serial number ofthe certificate of registrationissuedby the Board-shallbe includedin the seal. Documents prepared by or under direct supervisionof a registered or professional forester shall be stamped with the

15

latter's seal, such as reports, certifications, contracts, studies,plans, surveys, returns, technical descriptions, inventory data,maps, drawings, sketches, lay-outs,exhibits, proposal or offerofservices, tests and analyses, and other documents that mayhenceforth be the subject of such acts upon the recommendationofthe APO concerned and by the resolution of the Board. It shahbe unlawful for any person to stamp any document with the saidseal after the certificate of registration is revoked.

Sec. 27. Foreign Feciprocity. —No foreigner shall beallowedto take the licensure examinationfor foresters, register,or receive one's certificate of registration and professionalidentificationcard,orpracticeforestryin the Philippines unlessthe requirements for the licensure examination and theregistration and practice offorestry imposed under the laws andregulationsin one's foreign country orstate are substantiahythesame as those required and contemplatedby the Philippine lawsandregulations, and unlessthe saidforeign laws and regulationsahowPhilippinecitizens to practice forestrywithin the territoryofthe said foreign country or state on the same basis, and grantthe same privileges as those enjoyedby the citizens, subjects ornationals thereof.

Sec. 28. Practice Through Temporary/Special Permit.- Subjecfto the approval of the PRC and the payment of fees ithas prescribed, the Boardmayissue a temporaiy or spedalpermitto the following:

(a) Registered or certifiedforesters from foreign countriesor states whose servicesare either for a fee or for fi-ee, if:

(1) Theyare internationallyknown foresters or experts inany branch or specialty offorestry; and

(2) Theirservices areurgentlyand importantly necessaryforlack or inadequacyofavailablelocalspecialists or experts forthe promotion or advancement ofthe^^actice offorestry throughtransfer oftechnology.

~(b) Licensed foresters from foreign countries or statesemployedas exchange professors in a branchorspecialtyofforestryin schools, colleges oruniversities offering the courseofforestry.

16

Thepermit shall be valid fora period ofnot morethan one(1) year subject to renewal, and shall indicate the branch orspecialty offorestry being practiced, and the specific place ofpracticesuch as a center, school, college or university offeringthe course of forestry. The Board shall promulgate, subject tothe approval of the PRC, rules and regulations on theimplementation of this particular section.

Sec. 29. Integration of Forester Organizations. - Allregisteredforesters and their professional organizations or groupsshaUbe integrated into one (1)national organization offorestersthat is duly registered with the SEC. The Board shall accredit,subjectto the.approval ofthe PRC, the said organization as theone and onlyintegrated and accredited national organization offoresters. All foresters whose names appear in the Registry BookofForesters shall ipso facto become members thereof and shallreceive therehom all the benefits andprivileges upon payment ofAPO membership fees and dues. However, membership in anaffiliate organization offoresters shall not be barred.

Sec. 30. Roster of Foresters. ~ The Board shall prepareqnd maintain a roster of the names, residence or office address ofall registered foresters which shall be updated annually incooperation with the APO, indicating th^in the status of thecertificate ofregistration, professionalidentificationcard, andAPOmembership,whether valid, inactive due to death or other reasons,delinquent, suspended or revoked. The said roster shall beconspicuously posted within the premises of the PRC, and theinformation therefirom made av^able to the pubHcupon inquiryor request.

Sec. 31. Indication of Numbers: Certificate ofRegistration, Professional Tax Receipt, and AccreditedProfessional Organization (APO) Membership. - A forester's

' certificate of registration number and its date of issuance; thecurrent profe§si(malidentification card's expiry; the number ofthe professionalTax receipt issued to the forester; the forester's

"^APO membership number and the date ofissuance; and the officialreceipt number and date ofpayment, whether annual or lifetime,shallbe stated on aR documents the forester sigps, uses, or issuesin connection with the practice of the profession.

17

Sec. 32. Mandatory Continuing Education on Forestry.- Within six (6) months from the passage of this Act, the BoardshaR issue the rules on mandatory continuing education forforestry practitioners. Failure to comply with said rules shallresult in the automatic suspension of professional registrationuntil such time that the forestry practitioner is able to completeall the required education units.

Sec. 33. Posting of Certificate ofRegistration, ProfessionalIdentification Card, or Temporary/Special Permit. — Thecertificate of registration, professional identification card of aforester, or temporary or special permit in its original orauthenticated copyshaUbe posted in a conspicuous place in theforester's office.

Sec. 34. Positions in Public or Private Offices InvolvingPractice of the Forestry Profession. — Positions in public orprivate entities, including educational institutions involving thepractice ofthe forestry profession, shall be occupiedby personswho are duly registered foresters with valid certificates ofregistration and valid professional identification cards, or validtemporary or special permits issued imder this Act.

ARTICLE V

Penal and General Provisions

Sec. 35. Penal Clause. —Any person who shall commitany ofthe following acts shallbe perpetually disqualifiedto practicethe profession:

(a) Practicing forestry without a valid certificate ofregistration and a vahdprofessional identification card, or a vaHdtemporary or special permit;

(b) Attempting to use or using the seal, certificate ofregistration and professional identification card of a registeredforester, ortemporaryor specialperm^suedtoaforeignforester;

(c) Abetting the illegal practi^^f forestry by anunregistered or unauthorized person;

(d) Securing through false informationor fraudulent meanscertificate ofregistration and professional identification card, ortemporary or special permit;

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(e) Impersonating a registered forester or a holder of atemporary or special permit; and

(f) Violating any provision of this Act or the IRR thereof.

Sec. 36. Act Not Affecting Other Professions. —This Actshall not affect or prevent the practice of any other legallyrecognizedprofession.

Sec. 37. Enforcement. —In carrying out the provisions ofthis Act, the Board shall he assisted by the PRC, the APO, dulyconstituted government agencies and authorities, and privateorganizations in the industry. A memorandum of agreementbetween agencies or organizations may be executed.

Sec. 38. Funding Provisions. —The Chairperson of thePRC shaH include in the PRC's program the implementation ofthis Act, the funding of which shall be included in the annualGeneralAppropriations Act.

Sec. 39. Transitory Provision. — The incumbent Boardshall, in an interim capacity, continue to operate or function bycarrying out the provisions of this Act without new appointmentsof the Chairperson and members thereof untiL the first Boardcreated under this Act shallhave been constituted or organizedpursuantthereto.

Sec. 40. Implementing Pules and Regulations. — TheBoard of Foresters, subject to the approval of the PRC, shaUprescribe, promulgate, and issue a Board resolution on the IRR ofthis Act after consultation with the APO, other agencies, andconcerned private organizationin the industry not later than theninetieth (90*^) day from the effectivity of this Act. '

Sec. 41. Separability Clause. —If any provision, section,' orpaft ofthis Act shaUbe declared unconstitutional or invalid,

such judgment slj^ not affect, invalidate or impair any other,provision, ^ti6i^*or parthereof, but shall be merely confined to

prov^ion, section, or part thereof that is directly involved inthe issue upon which judgmenthas been rendered.

- ' Sec. 42. Repealing Clause. —Republic Act No. 6239 ishereby repealed. Laws, decrees, orders, letters of instruction,

. rules and regulations, or other issuances, and parts thereof/ inconsistent with the provisions of this Act are likewise repealed

or modified accordingly.

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Sec. 43. Effectivity. - This Act shall take effect fifteen(15) days after its publication in the Official Gazette or in anewspaper, of general circulation.

Approvi

FR \NKLIN M. DRTLONesident ofthe Senate

OSCARre^ABESSecretary ofthe Senate

FELICIANO BELMONTE JR.Speaker ofthe House

ofRepresentatives

This Act was passed by the House of Representatives asjuseBiUNo, 5707 onMay25,2015 andconcurredinand adopted

by the Senate as an amendment to Senate Bill No. 2055 onAugust 11,2015.

LYN B. BARUA-YaP/ Secretary Genera!House ofRepresentatives

Approved: OCT I 3 2015

BENIGNCp S. A0UINO IEPresident ofthe Philippines

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CBlTiFJHlCOPY-.

NAfiiAKrra m. DiM/umiyu:DIRECTOR W

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