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October 22, 2003

 

PRC-BAE RESOLUTION NO. 07-03

RULES AND REGULATIONS ON THE DESIGN OF SEAL AND THE SIGNING AND SEALING OF PLANS, DESIGNS, SPECIFICATIONS, DRAWINGS, REPORTS AND OTHER DOCUMENTS BY REGISTERED AGRICULTURAL ENGINEERS

 

WHEREAS, Section 21 paragraph (c) of R.A. 8559 otherwise known as the "Philippine Agricultural Engineering Act of 1998" states that,". . . The Board shall formulate, adopt and promulgate rules and regulations for the effective implementation of the provisions relating to the design of seal, the signing and sealing of drawings, reports and other documents by agricultural engineers";   SHTEaA

WHEREAS, pursuant to Section 3 and 21 of R.A. 8559, a registered agricultural engineer is vested with the rights and powers to prepare, sign and seal plans, designs, drawings, specifications, estimates, projects studies, test and evaluation reports and other pertinent documents necessary in the construction, establishment, installation and/or operation and maintenance of machinery, buildings and structures, irrigation, soil conservation structures, waste utilization facilities, electrification and other agricultural engineering systems and facilities used in the production, processing, handling and marketing of agriculture, fishery and forestry products;

WHEREAS, the Board through Resolutions No. 05, series, of 2002, No. 1, series of 2003 and No. 2, series of 2003 have adopted and promulgated the Philippine Agricultural Engineering Standards Volume 1, 11 and 111 as the Code of Technical Standards of Agricultural Engineering which shall serve as technical reference by all duly registered agricultural engineers in the signing and sealing of plans, designs, specifications and other documents used in the practice of their profession;

WHEREAS, Section 21(b) of R.A. 8559 further states that "No officer or employee of the government, chartered cities, provinces and municipalities now or hereafter charged with the enforcement of laws, ordinances or regulations relating to the construction or alteration of agricultural structures, machineries and equipment, processes and systems shall accept or endorse any plans or specifications which have not been prepared and submitted in full accord with the provisions of this Act, nor shall any payment be approved by any such officer for any work, the plans and specifications of which have not been so prepared, signed, and sealed by a duly registered agricultural engineer";

NOW, THEREFORE, in view of the foregoing and by virtue of the Board's power vested under Sections 9 (a) and 21 (c) of R.A. 8559, the following rules and regulations are hereby adopted and promulgated relating to the design of seal and the signing and sealing of plans, design, specifications, drawings, reports and other documents by registered agricultural engineers;

SECTION 1.            Seal of a Registered Agricultural Engineer.

1)     The seal of a registered agricultural engineer is represented by an octagon inscribed in a circle 42 mm in diameter, the widest clearance between the circle and the octagon is 5 mm with a rectangular band drawn horizontally across the middle part of the seal. The sides of the octagon represents the eight functional practice of agricultural engineering such as; 1) planning and designing, 2) managing, 3) research and development, 4) training and extension, 5) testing, evaluation, inspection and investigation, 6) teaching, 7) consulting, and 8) valuation on agricultural engineering facilities, services, system and technologies. The space between the upper part of the circle and the octagon shall be inscribed the NAME of the agricultural engineer, the space on the opposite side shall be inscribed the words "AGRICULTURAL ENGINEER" and on the rectangular band with 5 mm width shall be inscribed the registration number of the agricultural engineer. The facsimile of the seal is attached hereto as Annex "A" and made an integral part of this resolution.


Annex A. Seal of a Registered Agricultural Engineer

2)     Each registered agricultural engineer shall make his seal in accordance to the above design prescribed by the Board.

SECTION 2.            Use of Seal. — Plans, designs, specifications, reports, drawings, estimates, test and evaluation reports, project studies and other documents prepared by or under the direct supervision of a registered agricultural engineer shall be stamped his/her seal.

SECTION 3.            Documents to be prepared, signed and sealed by a Registered Agricultural Engineer. — Pursuant to Section 21 (e) of R.A. 8559 and Section 38 of the Resolution No. 1, series of 1998; the Implementing Rules and Regulations of R.A. 8559, the following documents shall be prepared and/or signed and sealed by a registered agricultural engineer:

a)         Plans, designs, specifications and cost estimates used in the construction and repair of agricultural buildings and structures as a requirement in obtaining building permits under the National Building Code as stipulated in the Philippine Agricultural Engineering Code on Agricultural Buildings which was adopted and promulgated by the Board through Resolution No. 03, series of 2003;

b)         Plans, designs, specifications and cost estimates used in the establishment, installation, operation maintenance, implementation and/or procurement and distribution of machinery, equipment, post-harvest and agro-processing facilities, irrigation drainage and soil and water conservation structures and other agricultural engineering projects used for the production, processing, handling, and marketing of agricultural, fishery and forest products;

c)         Project proposals, feasibility studies and project studies on agricultural and fishery mechanization, post-harvest, agro-processing and other agricultural engineering projects which are used as requirement in obtaining loans, grants and funding assistance from banks, government and private financing institutions and non-governmental organizations either local or foreign in nature;

d)         Inspection, evaluation and investigation reports used in the approval of bids, payment. appraisal monitoring, accreditation and classification of suppliers and distributors and other implementation process on the agricultural and fishery mechanization, post harvest facilities infrastructure and other agricultural engineering projects of the government and private institutions.

e)         Performance test report required in the procurement of agricultural, fishery and forestry machinery and equipment.

f)         Certification on the technical soundness of bid proposals/offers on agricultural and fishery machinery, post harvest facilities and other agricultural engineering projects submitted for government and private bidding.

g)         Valuations and assessments of agricultural lands, machineries, equipment and other agricultural engineering facilities and projects used for taxation and other purposes by BIR and other concerned government and private organizations;

h)         Farm development plans including land suitability maps and land use maps/reports;

i)         Appraisal/Assessment reports on agricultural engineering projects required in the issuance of Environmental Assessment Clearance by DENR.

SECTION 4.            Responsibility and Accountability of Registered Agricultural Engineer. — The registered agricultural engineer shall be fully responsible and accountable for all the plans, designs, specifications and other documents issued under his seal or authorized signature and shall have the liabilities imposed under R.A. 8559 and other existing laws. He shall not allow his work to be duplicated by others without his written consent and do away with the following prohibitions:

a)         shall not stamp or seal a document at the time his professional identification card license has expired or lost its validity;

b)         shall not sign or affix his seal on the plans, designs and documents made by or under another registered agricultural engineer's supervision unless the same is made in such manner as to clearly indicate the part of such work was actually performed by him;

SECTION 5.            Role of National Government Agencies and Local Government Units. — Pursuant to Section 21(b) of R.A. 8559 which mandates concerned officers and employees of the government, chartered cities, provinces and municipalities, to require, as part of their functional operations that the plans, designs, specifications, estimates, feasibility studies and other documents used in the construction, repair and implementation of agricultural, fishery and forestry mechanization, irrigation, post harvest facilities and agricultural engineering projects be signed by registered agricultural engineer/s, the role of concerned national government agencies and Local Government Units are hereby defined and expounded, as follows:   DTSaHI

a)         Department of Agriculture (DA) — shall require that the plans, designs, specifications, test reports, feasibility studies and other technical documents used in the planning, bidding and implementation of, licensing and accreditation of suppliers and distributors, and research proposal/reports on shallow tube wells, small water impounding projects, other irrigation projects, agricultural and fishery mechanization, post harvest facilities, agricultural and fishery infrastructure and other agricultural engineering projects either locally or foreign funded carried out by concerned DA central offices, regional offices, bureaus and attached agencies be signed and sealed by registered agricultural engineer/s. This rules and regulation shall be an integral part in the enforcement of the Philippine Agricultural Engineering Standards which was adopted by DA through DA Administrative Orders No. 10, series of 2002, No. 6, series of 2003 and No. 11, series of 2003.

b)         Department of Agrarian Reform (DAR) — shall require that the plans, designs, specifications, test reports, feasibility studies and other technical documents used in the planning and implementation of irrigation, post harvest facilities and other agricultural infrastructures projects of CARP either locally or foreign funded be signed and sealed by registered agricultural engineer/s.

c)         Department of Environment and Natural Resources (DENR) — shall require that the plans, designs, specifications, assessment, reports, feasibility studies and other technical documents used in the issuance of Environmental Clearance Certificate (ECC) and in planning, bidding and implementation of harvest facilities including Integrated Social Forestry/Community-Based Forest Management) (ISF/CBFM) and other related DENR projects funded locally, or foreign be signed and sealed by registered agricultural engineer(s).

d)         Department of Public Works and Highways (DPWH) — shall require that the plans, designs, specifications and other technical documents used in the issuance of buildings permits of agricultural buildings under the National Building Code be signed and sealed by a registered agricultural engineer/s consistent with the provisions of the Philippine Agricultural Engineering Code for agricultural buildings;

e)         Department of Trade and Industry (DTI) — shall require that the plans, designs specifications, feasibility studies of agricultural and fishery machinery, agro-processing and other agricultural engineering projects being endorsed by DTI for financing, as well as the evaluation reports and other technical documents used in the accreditation of firms engaged in the marketing and manufacturing of agriculture and fishery machinery and equipment, irrigation facilities, agro-processing and other agricultural engineering endeavours be signed and sealed by registered agricultural engineer/s.

f)         Local Government Units (LGU) — Consistent with DILG Memo Circular No. 2001-25 dated March 14, 2001 entitled "Implementation of Republic Act No. 8559 . . .", all Local Government Units shall require that the plans, designs, specifications, test reports, feasibility studies and other technical documents used in the planning, bidding, and implementation of small water impounding projects, communal irrigation projects, shallow tube wells, agricultural machinery and post harvest facilities and other agricultural engineering projects of LGUs, as well as technical documents used in the licensing, accreditation, registration and issuance of business permits of suppliers, distributors and firms engaged in the distribution and manufacturing of agricultural machinery and equipment, and agro-processing be signed and sealed by registered agricultural engineer/s.

            The Department of Interior and Local Government shall provide assistance in terms of monitoring the compliance of Local Government Units with this rules and regulations.

g)         Commission on Audit (COA) — shall help enforce this rules and regulations as part of the auditing of government projects on shallow tube wells, small water impounding projects, other irrigation projects, agricultural and fishery mechanization, post harvest facilities, agricultural and fishery infrastructure and other agricultural engineering projects.

h.)        State Colleges and Universities (SCU) — shall require that the plans, designs, specifications, test reports, feasibility studies, and other technical documents used in the planning, bidding and implementation of their irrigation, agricultural and fishery mechanization, post harvest facilities, agricultural and fishery infrastructure and other agricultural engineering projects either locally or foreign funded shall be signed and sealed by registered agricultural engineer/s.

            The Commission on Higher Education shall provide assistance in the enforcement of this rules regulations by all agri-fishery based colleges and universities nationwide.

i)         Autonomous Region in Muslim Mindanao (ARMM) — shall require that the plans, designs, specifications, test reports, feasibility studies, and other documents by licensed agricultural engineers used in the planning, bidding, licensing and accreditation of suppliers and distributors, and implementation of shallow tube wells, small water impounding projects, other irrigation projects, agricultural and fishery mechanization, post harvest facilities, agricultural and fishery infrastructure and other agricultural engineering projects either locally or foreign funded carried out its Department of Agriculture and Food, Department of Agrarian Reform and other concerned offices shall be signed and sealed by registered agricultural engineer/s.

j)         Cooperative Development Authority (CDA) — shall require that the feasibility studies and other technical documents used in the processing and approval of registration of agri-fishery based coops to engage in agricultural and fishery machinery, post harvest facilities and other agricultural engineering projects shall be signed and sealed by a registered agricultural engineer/s, as well as help in the enforcement of this rules and regulations at the level of agri-fishery based cooperatives.

k)         Bureau of Internal Revenue (BIR) — shall require that the technical documents, assessment and or valuation report of agricultural buildings, post harvest facilities, agricultural machinery and equipment and other properties which are agricultural engineering in nature used for taxation purposes be signed and sealed by a registered agricultural engineer.

l)         Other Government Agencies — Other government agencies not mentioned above but are engaged in the planning, regulation and implementation of irrigation, post harvest facilities, agricultural and fishery mechanization and other agricultural engineering projects shall likewise enforce the provisions of Section 21(b) of R.A. 8559.

SECTION 6.            Role of Banks and other Government and Private Financing Institutions. — Consistent with the provisions of R.A. 8559, all concerned banks such as the Land Bank of the Philippines, Development Bank of the Philippines, United Coconut Planters Bank, and other government and financing institutions engaged in providing loans, grants and funding support on projects pertaining to agricultural and fishery mechanization, post harvest facilities, agro-processing and other agricultural engineering endeavour shall require that the plans, designs, specifications, project proposal and feasibility studies be signed and sealed by a registered agricultural engineers prior to its approval.

SECTION 7.            Compliance Monitoring. — The Board with the assistance of various staff and division offices of the Professional Regulation Commission and the Philippine Society of Agricultural Engineers (PSAE), Inc. shall conduct inspection on concerned government and private offices, plants, establishment and other institutions engaged in agricultural engineering programs, projects and activities to monitor compliance with this rules and regulations.

SECTION 8.            Penalties. — Any person who violates any provisions of this rules and regulations shall be administratively and/or criminally held liable pursuant to R.A. 8559.

SECTION 9.            Repealing Clause. — Any Resolutions, Circular and other issuances promulgated by the Board of Agricultural Engineering and the Professional Regulations Commissions which are inconsistent to the provisions of this resolution are hereby repealed or modified accordingly.

SECTION 10.          Separability Clause. — If any section, provision or paragraph hereof 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 or paragraph directly involved in the controversy in which such judgment has been rendered.

SECTION 11.          Effectivity. — This Rules and Regulations shall take effect after fifteen (15) days following the publication in the Official Gazette or any newspaper of general circulation, whichever is earlier.   EAcTDH

Done in the City of Manila this 22nd of October 2003.

 

(SGD.) GEORGE Q. CANAPI

Chairman

 

(SGD.) ARIODEAR C. RICO

Member

 

(SGD.) DOMINGO F. TABBAL

Member

 

ATTESTED BY: 

(SGD.) CARLOS G. ALMELOR

Secretary

 Professional Regulatory Boards

 

APPROVED:

(SGD.) ANTONIETA FORTUNA-IBE

Chairperson

 

(SGD.) AVELINA DE LA REA-TAN

Commissioner

 

(SGD.) LEONOR T. ROSERO

Commissioner



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Department of Agrarian Reform
Elliptical Road, Diliman
Quezon City, Philippines
Tel. No.: (632) 928-7031 to 39

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