IRR of R.A. No. 10587 (July 11, 2014)

(NAR) VOL. 26 NO. 1/ JANUARY - MARCH 2015 [ PRC Board Resolution No. 03, s. 2014, July 11, 2014 ] IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 10587, KNOWN AS THE "ENVIRONMENTAL PLANNING ACT OF 2013" Adopted: 11 July 2014 Date Filed: 09 January 2015 Pursuant to Section 9 (a) Article II and Section 40 Article VII of Republic Act No. 10587, otherwise known as AN ACT REGULATING THE PRACTICE OF ENVIRONMENTAL PLANNING, REPEALING FOR THE PURPOSE PRESIDENTIAL DECREE NUMBERED ONE THOUSAND THREE HUNDRED AND EIGHT, ENTITLED “LAW REGULATING THE ENVIRONMENTAL PLANNING PROFESSION IN THE PHILIPPINES”, AND FOR OTHER PURPOSES, after review and approval of the Professional Regulation Commission, the Professional Regulatory Board of Environmental Planning hereby adopts this Resolution to effectively implement, administer, and enforce the provisions of Republic Act No. 10587. RULE I TITLE, DECLARATION OF POLICY, COVERAGE, DEFINITION OF TERMS, AND SCOPE OF PRACTICE Section 1. Title. - This Resolution shall be known and cited as “'THE IMPLEMENTING RULES AND REGULATIONS OF THE ENVIRONMENTAL PLANNING ACT OF 2013”, for brevity, the IRR of R. A. No. 10587 or the IRR. Section 2. Declaration of Policy. - The State recognizes the importance of environmental planning in nation-building and development. Hence, it shall develop and nurture competent, virtuous, productive, and well-rounded professional environmental planners, whose standards of practice and service, shall be excellent, world-class, and globally competitive through honest, effective, relevant, and credible licensure examinations and through regulatory programs, measures, and activities that foster their professional growth, social responsibility, and development. Section 3. Coverage. - This IRR shall cover the following aspects of the practice of the profession: (a) Examination, registration, and licensure of environmental planners; (b) Supervision, control, and regulation of the practice of environmental planning; (c) Development, upgrading, and updating of the curriculum of the environmental planning profession; and(d) Development and improvement of the professional competence and practice of environmental planners through, among others, continuing professional education and development. Section 4. Definition of Terms. - (a) 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. (b) Environmental planner refers to a person who is registered and licensed to practice environmental planning and who holds a valid Certificate of Registration and a valid Professional Identification Card from the Professional Regulatory Board of Environmental Planning and the Professional Regulation Commission. (c) Accredited Professional Organization (APO) refers to the duly integrated and accredited professional organization of registered and licensed environmental planners, of which there shall be only one, as prescribed by Republic Act No. 8981, otherwise known as the PRC Modernization Act of 2000, the Comprehensive Professional Code, and Section 32 Article IV of R. A. No. 10587. (d) Commission refers to the Professional Regulation Commission. (e) Board refers to the Professional Regulatory Board of Environmental Planning. (f) Certificate of Registration refers to the document issued by the Commission certifying that the person named therein is registered and entitled to the practice of environmental planning. (g) Professional Identification Card refers to the document issued by the Commission, bearing its date of issuance and expiry as well as the registration/license number of the professional. (h) Continuing Professional Education/Development or CPE/CPD refers to the inculcation of advanced knowledge, skills and ethical values in a post- licensure specialized or in an inter- or multi-disciplinary field of study for assimilation into professional practice, self- directed research, and/or lifelong learning. (i) Certificate of On-the-Job/In-Service Training refers to the document showing the experience and/or on-the-job/in-service training of the applicant for the licensure examination for environmental planners. j) Distance Education/Learning refers to a mode of delivering education and instruction, usually via technology, to those who are not physically present in a traditional setting, such as a classroom. It provides access to learning when the source of information and the learners are separated by time or distance, or both. (k) Comprehensive Professional Code refers to the document which defines all aspects of professional services and establishes the rights and Obligations of both the professional and the client. (l) Code of Ethics refers to the set of moral principles governing the behavior or conduct of a specific group, field or organization, or a system of values, to which an individual or group of individuals adheres to, as the acceptable standard of behavior. (m) Code of Technical Standards refers to the set of rules and specifications that defines the technical aspects of the environmental planning practice. (n) Certificate of Membership in Good Standing refers to the document issued by the APO indicating that the environmental planner has complied with all of his/her obligations as a member of the organization. (o) Reciprocity refers to Section 7 (j) of R. A. No. 8981. (p) Special Temporary Permit refers to the document given to a foreign environmental planner, in accordance with Section 7 (j) of R. A. No. 8981 and Section 29 Article IV of R. A. No. 10587. Section 5. Scope of Practice. - The practice of environmental planning, within themeaning and intent of R. A. No. 10587, shall embrace the following: (a) 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: 1. National, regional or local development and/or physical framework, and comprehensive land-use plans; 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; 3. Planning and development of a barangay, municipality, city, province, region or any portion or combination thereof; and 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. (b) In relation to any of the activities enumerated in paragraph (a) above, preparing the following studies: 1. Pre-feasibility, feasibility and other related concerns; 2. Environmental assessments; and 3. Institutional, administrative or legal systems. (c) Developing the curriculum and syllabi for the licensure examinations for environmental planning, teaching in academic institutions, and conducting review courses in environmental planning; (d) Serving as expert witness, resource person, lecturer, juror or arbitrator in hearings, competitions, exhibitions and other public fora; conducting hearings, competitions, exhibits and other public fora; (e) Ensuring compliance with environmental laws, including the acquisition of regulatory permits; and (f) Performing other acts or conducting other activities that may be determined by the Board, subject to approval of the Commission, in light of the trends in the practice of the profession. The Board, subject to approval of the Commission, may add to or exclude from this Section, any activity or act of professional practice, or revise it, as the need arises, to conform to the developments and advancements in the practice of the environmental planning profession. RULE II PROFESSIONAL REGULATORY BOARD OF ENVIRONMENTAL PLANNING Section 6. Professional Regulatory Board of Environmental Planning. - The Board, under the administrative control and supervision of the Commission, shall be composed of a Chairperson and two (2) Members. They shall be appointed by the President of the Philippines from a list of three (3) recommendees for each position and ranked by the Commission from a list of five (5) nominees for each position submitted by the APO.The new Board shall be constituted within six (6) months from the effectivity of R.A. No. 10587. Section 7. Term of Office. - The Chairperson and the Members of the Board shall hold office for a term of three (3) years from the date of their appointment or until their successors shall have qualified and been appointed. They may be reappointed to their positions for another term of three (3) years immediately after the expiry of their terms: Provided, That the holding of such position shall not be for more than two (2) terms nor more than six (6) years, whichever is longer: Provided further, That the first Board under R. A. No. 10587 shall hold these terms of office: the Chairperson for three (3) years, the first Member for two (2) years, and the second Member for one (1) year: Provided furthermore, That any appointee to a vacancy with an unexpired term shall only serve such period. The Chairperson and the Members shall take their oaths of office before discharging the functions of their positions. Section 8. Qualifications of Board Members. - Each member of the Board shall, at the time of appointment, possess the following qualifications (a) A citizen and resident of the Philippines; (b) Of good moral character and sound mind; (c) A holder of a Master’s Degree in Environmental Planning or its equivalent. Equivalent means Urban and Regional Planning, City Planning, Town and Country Planning, and/or Human Settlements Planning; (d) A registered and licensed environmental planner, with a valid Certificate of Registration and a Professional Identification Card, and who has at least seven (7) years of practice in environmental planning prior to his/her appointment; (e) Not a member of the faculty of any school, college or university where a regular academic course or review course in environmental planning is offered, nor a member of a staff of reviewers in a review school or center and does not have any direct or indirect pecuniary interest in such an institution; (f) A member in good standing of the APO, but not an officer or trustee thereof; and (g) Not convicted by a court of competent jurisdiction of an offense involving moral turpitude. Section 9. Powers, Duties, and Responsibilities of the Board. – The Board shall have the following specific powers, duties, and responsibilities: (a) Prescribe and adopt the rules and regulations necessary to carry out the provisions of R. A. No. 10587; (b) Supervise the registration, licensure, and practice of environmental planning in the Philippines; (c) Administer oaths in connection with the implementation of R. A. No. 10587; (d) Issue, suspend, revoke or reinstate the Certificate of Registration for the practice of environmental planning; (e) Adopt an official seal of the Board; (f) Prepare the contents of licensure examination, score and rate the examination papers, and submit the results thereof to the Commission; (g) Adopt and promulgate a Code of Ethics and a Code of Technical Standards issued by the APO; (h) Assist the Commission on Higher Education (CHED) in ensuring that all instructions and offerings of environmental planning comply with the policies, standards, andrequirements of the course prescribed by the CHED or other authorized government offices in the areas, among others, of curriculum, faculty, library, and facilities (i) Adopt measures necessary for the enhancement of the profession; (j) Investigate officially reported violations of R.A. No. 10587, this IRR, the Code of Ethics, the Code of Technical Standards, and all other relevant policies and measures; and for this purpose, issue subpoena ad testificandum and subpoena duces tecum to secure the appearance of witness/es and submission of document/s and other evidence necessary in connection with the performance of its functions; (k) Seek the assistance of the Commission in the conduct of hearing or investigation of administrative cases filed before the Board; (l) Promulgate decisions on such administrative cases; (m) Discharge such other powers and duties that may affect professional, ethical, and technological standards of the environmental planning profession in the Philippines; and (n) Perform such other functions and responsibilities, in accordance with the provisions of R.A. No. 8981, R.A. No. 10587, and this IRR. The policies, resolutions, by-laws, and rules and regulations issued and promulgated by the Board shall be subject to review and approval by the Commission; however, the Board’s decisions, resolutions or orders rendered in an administrative case, which are not interlocutory in nature, shall be subject to review only on appeal. Section 10. Compensation of the Board . - The Chairperson and Members of the Board shall receive compensation and allowances comparable to the compensation and allowances received by the Chairpersons and Members of other existing professional regulatory boards under the Commission, as provided for by the General Appropriations Act. Section 11. Administrative Supervision of the Board, Custodian of its Records, Secretariat, and Support Services. - The Board shall be under the administrative supervision of the Commission. All records of the Board, pertaining to the licensure examinations, administrative and other investigative hearings conducted by the Board shall be under the custody of the Commission. The Commission shall designate the Secretary of the Board and shall provide the secretariat and other support services to implement the provisions of R. A. No. 10587 and this IRR. Section 12. Grounds for Disciplinary Action on Suspension or Removal of the Chairperson/Members of the Board. - The President of the Philippines, upon the recommendation of the Commission, after due process and administrative investigation conducted by the Commission, may remove or suspend a Chairperson or Member of the Board on any of the following grounds: (a) Gross negligence, incompetence or dishonesty in the discharge of duty; (b) Commission of any of the prohibited acts provided in R. A. No. 10587, the Revised Penal Code, Republic Act No. 3019, otherwise known as the “Anti- Graft and Corrupt Practices Act”, and other laws; (c) Manipulation, tampering or rigging of the results of the licensure examination for the practice of environmental planning; and (d) Unlawful disclosure of secret and confidential information on the examination questions or other administrative matters pertaining thereto prior to the conduct thereof. The Commission, in the conduct of the investigation, shall be guided by Section 7 (s) of R. A. No. 8981, the Rules on Administrative Investigation of the Commission, and the Rules of Court.Section 13. Annual Report. - The Board shall, at the end of each calendar year, submit to the Commission a detailed report of its activities and proceedings during the year, embodying also such recommendations as it may deem proper to promote the policies and objectives of R. A. No. 10587. RULE III LICENSURE EXAMINATION AND REGISTRATION Section 14. Registration Required. - Upon the effectivity of R. A. No. 10587 no person shall practice or offer to practice environmental planning in the Philippines, without having obtained from the Board and the Commission, a Certificate of Registration and a Professional Identification Card or a Special Temporary Permit. Section 15. Examination Required. - Unless provided otherwise under R. A. No. 10578, all applicants for registration for the practice of environmental planning shall be required to pass the professional licensure examination, subject to the payment of fees prescribed by the Commission. Examinations for the practice of environmental planning in the Philippines shall be given by the Board at least once (1x) every year in such places and dates as the Commission may designate, in accordance with the provisions of R. A. No. 8981. The dates and venues of the examinations shall be included in the Master Schedule of the Board Licensure Examinations issued yearly by the Commission. Section 16. Subjects of Examination. - The licensure examination for environmental planners shall include, but not be limited to, the following: (a) History, Concepts, Theories, and Principles of Environmental Planning: 1. Environment, Planning and Environmental Planning: definition, nature, elements of the environment; history and foundation of planning and environmental planning; concepts, goals, nature, classification, theories of planning and environmental planning; training, roles and advocates of environmental planners; 2. Cities, City Planning and Development: origin, development, planning of cities; city growth, urbanization, ecological processes, location; urban/city planning concepts, theories, principles; concepts and principles of new paradigms and visions in city planning; and 3. Regions, Regional Planning and Development: concepts, nature and classification of regions, regional delineation/centers; objectives/rationale of regional planning; policies, principles and strategies in regional planning and development. (b) Environmental Planning Processes, Methods/Techniques and Strategies: 1. Planning Information and Management: mandated plans at different geographic levels; research for planning; map interpretation and spatial analysis; population data analysis and projection; 2. Development Planning: concepts and processes involved in the preparation of the comprehensive development plan; tools and techniques for sectoral and intersectoral planning analyses; 3. Land Use Planning: concepts, principles and processes involved in land use planning; demand and supply of land; spatial strategies; land use controls; and 4. Area Development Planning: concepts, principles and processes involved in site development planning and management of ecosystems.(c) Environmental Plan Implementation, Legal Aspects, and Administration: 1. Legal Foundations for Environmental Planning: key/milestone laws, rules and regulations at national and sub-national levels; 2. Program/Project Development, Management, and Implementation: principles/methods/instruments in the design, appraisal, performance and results- based monitoring and evaluation; 3. Planning Administration and Professional Practice: major public sector reform measures relating to good governance, and Code of Ethics; and 4. Public Sector Management: budgeting, financing government projects; procurement processes, analysis/evaluation of proposals for public/private sector participation. These subject areas and syllabi shall include topics and subtopics, in accordance with the syllabi and Tables of Specifications of subjects for the licensure examinations prepared by the Board, in consultation with the academe and the APO. These subject areas and syllabi may be revised, as the need arises, to conform to changes and new developments brought about by trends in the practice of environmental planning. Section 17. Qualifications for Taking the Examination. - Any person applying to take the licensure examination shall establish to the satisfaction of the Board that he/she has the following qualifications: (a) A citizen of the Philippines or a citizen of a foreign country or state which has a policy on reciprocity for the practice of the profession; (b) A holder of any of the following degrees from schools, colleges or universities duly approved by the CHED: 1. A Graduate Degree in Environmental Planning, Urban and Regional Planning, City Planning, Town and Country Planning and/or Human Settlements Planning or its equivalent; 2. A Post-Graduate Diploma in Environmental Planning, Urban and Regional Planning, City Planning, Town and Country Planning and/or Human Settlements Planning or its equivalent, and with at least one (1) year of on-the-job training, as required under R.A. No. 10587; 3. A Bachelor’s Degree in Environmental Planning, Urban Planning and Regional Planning, City Planning, Town and Country Planning and/or Human Settlements Planning, or its equivalent, and with two (2) years of on-the-job training, as required under R.A. No. 10587; 4. A Master’s or Doctorate Degree in either Architecture, Engineering, Ecology, Economics, Geography, Geology, Public Administration, Business Administration, Sociology, Social Science, Law, Environmental Science, Environmental Management, Development Management, Natural Resources Planning and Development, or other related disciplines acceptable to the Board, and with three (3) years of on-the- job training, as required under R. A. No. 10587: Provided, That a person falling under this paragraph shall be allowed to take the licensure examination only within the next five (5) years from the effectivity of R.A. No. 10587. 5. A Bachelor’s Degree in either Architecture, Engineering, Economics, Public Administration, Law, Social Work and Community Development or Sociology or other related disciplines acceptable to the Board, and with five (5) years of on-the- job training, as required under R.A. No. 10587: Provided, That a person fallingunder this paragraph shall be allowed to take the licensure examination only within the next five (5) years from the effectivity of R.A. No. 10587. The on-the-job training required in this Section shall be undertaken under the supervision of a registered and licensed environmental planner or the applicant’s immediate supervisor, in an agency or organization engaged or involved in environmental planning functions or programs, as may be determined by the Board. Incumbent holders of planning positions in the national, regional or local government offices or agencies, including government-owned and controlled corporations, and have been engaged in development planning functions, acceptable to the Board, shall be qualified to take the licensure examination: Provided, That they are holders of professional civil service eligibility, and have undergone at least eighty (80) hours of in- service training or distance learning in developmental planning from a government agency, school or institution recognized by proper authorities: Provided further, That a person falling under this paragraph may be allowed to take the licensure examination only within the next five (5) years after the effectivity of R. A. No. 10587. (c) Of good moral character; and (d) Not convicted of an offense involving moral turpitude by a court of competent jurisdiction. Section 18. Documents to be Submitted - The following documents shall be submitted in support of the requirements stated in Section 17: (a) Certificate of Live Birth in National Statistics Office (NSO) Security Paper; (b) Marriage Contract in NSO Security Paper for married female applicants; (c) College Diploma; (d) Transcript of Records, with indication of the date of graduation and Special Order (S.O.) Number/Exemption/Accreditation, scanned picture and with the remarks: FOR BOARD EXAMINATION PURPOSES ONLY, and Certificate of Equivalency issued by the CHED, in case the degree is obtained abroad; (e) Certificate of On-the-Job Training, In-Service Training or Distance Learning, as may be required, signed by the applicant’s immediate supervisor; (f) Certificate of Good Moral Character from any of the following: Barangay, Church, School, or Employer; (g) Valid National Bureau of Investigation (NBI) Clearance; (h) Certificate of Professional Civil Service Eligibility (for incumbent government planners only); and (i) Other relevant documents that the Board may require. Section 19. Foreign Reciprocity. - A foreign citizen may be allowed to take the licensure examination and may be given a Certificate of Registration and Professional Identification Card if he/she can prove that the country or state of which he/she is a subject or citizen allows a Filipino environmental planner to practice the profession within its territorial limits on the same basis as the subjects or citizens of such foreign state or country. Section 20. Documents to be Submitted. - Foreign citizens applying for the licensure examination shall submit the following documents: (a) Copy of the pertinent provision/s of the foreign law or international agreement on the reciprocity for the practice of environmental planning; (b) Certificate of Live Birth in NSO Security Paper or Negative Certification;(c) Marriage Contract for married female applicants; (d) College Diploma, Transcript of Records, and Certificate of Equivalency issued by the CHED, in case the degree is obtained abroad; (e) Certificate of On-the-Job Training, In-Service Training or Distance Learning, as may be required, signed by the applicant’s immediate supervisor; (f) Certificate of Good Moral Character from any of the following: Barangay, Church, School, or Employer; and (g) Other relevant documents that the Board may require. All documents issued/executed abroad shall be duly authenticated by the Philippine Embassy/Consulate stationed in such foreign country, accompanied with the official English translation thereof, whenever applicable. Section 21. Rating in the Licensure Examination. - To pass the licensure examination, a candidate must obtain a weighted general average of not less than seventy per centum (70%) and a rating of not less than fifty per centum (50%) in any subject. Section 22. Report of Rating. - The Board shall submit to the Commission the ratings obtained by each candidate within five (5) calendar days after examination, unless extended for valid and justifiable reason/s. Upon the release thereof, the Commission shall send by mail the rating received by each examinee at his/her given address using the mailing envelope submitted during the examination. The report of rating may be distributed to the successful examinees during their mass oathtaking as new registered and licensed environmental planners. Section 23. Oath. - All successful examinees shall take the prescribed oath before the Board or any other government official authorized to administer such oath prior to entering the practice of the profession. Section 24. Issuance of Certificate of Registration and Professional Identification Card. - A Certificate of Registration shall be issued to those who are registered, after payment of fees prescribed by the Commission. This certificate shall bear the signatures of the Chairperson of the Commission and of the Chairperson and Members of the Board, stamped with the official seals of the Commission and of the Board, certifying that the person named therein is entitled to the practice of the profession, with all the privileges appurtenant thereto. It shall remain in full force and effect unless withdrawn, revoked or suspended, in accordance with R.A. No. 10587. A Professional Identification Card bearing the registration number, issuance and expiry dates, duly signed by the Chairperson of the Commission, shall likewise be issued to every registrant. This card shall be renewed every three (3) years, upon presentation of the Certificate of Membership in Good Standing from the APO, the Certificate of Completion of CPE/CPD and payment of prescribed fees. Section 25. Special Temporary Permits for Foreign Environmental Planners. - The practice of foreign environmental planners in the Philippines shall be limited to natural persons only and shall be governed by the provisions of R.A. No. 8981: Provided, That any foreign national who has gained entry in the Philippines to perform professional services as an environmental planner or renders such services or prepares or produces such documents, as are within the scope of practice ofenvironmental planning as set forth in R.A. No. 10587 and this IRR, such as, but not limited to, being a consultant in foreign-funded or assisted projects of the government or employed or engaged by Filipino or foreign contractors or private firms, whether or not the nomenclature of the profession is specifically called in his/her country of nationality as environmental planner, but who does not meet or wish to comply with the requirements for admission to take the licensure examinations shall, before assuming the duties, functions and responsibilities as environmental planner or consultant, secure a Special Temporary Permit from the Board, subject to approval of the Commission and the Department of Labor and Employment (DOLE), to practice his/her profession in connection with the project to which he/she was commissioned: Provided further, That the following conditions are satisfied: (a) That he/she is a citizen or subject of a country/state which specifically permits Filipino professional environmental planners to practice within its territorial limits on the same basis as the subjects or citizens of such foreign country or state; (b) That he/she is legally qualified to practice environmental planning in his/her own country, and that his/her expertise is necessary and advantageous to the Philippines, particularly in the aspects of technology transfer and specialization; (c) That he/she shall be required to work with a Filipino counterpart, a natural person who is a registered and licensed environmental planner. The professional fees and documentation expenses pertaining to the project, including liabilities and taxes due to the Philippine government, if any, shall be shared by the foreign and Filipino environmental planners, in proportion to his/her participation therein or professional services rendered to the project, in accordance with established rules and regulations; and (d) That he/she shall obtain an employment permit from the DOLE: Provided, That the employment permit may be issued to a non-resident alien or to the applicant-employer, after a determination by the Commission and the Board of the non-availability of a person in the Philippines who is competent, able and willing, at the time of application, to perform the services for which the foreign expert is being invited. Section 26. Refusal to Register. - The Board shall not register any successful examinee who has been: (a) convicted of an offense involving moral turpitude by a court of competent jurisdiction; (b) found guilty of immoral or dishonorable conduct by the Board; (c) adjudged guilty for violation of the General Instructions to Examinees by the Board; and (d) declared of unsound mind by a court of competent jurisdiction. In refusing such registration, the Board shall give the applicant a written statement, setting forth the reasons therefor and shall file a copy of the same in its records. Section 27. Revocation or Suspension of the Certificate of Registration and Cancellation of Special Temporary Permit. The Board shall have the power, upon notice and hearing, to revoke or suspend the Certificate of Registration of a registered and licensed environmental planner or to cancel a Special Temporary Permit granted to a foreign environmental planner, for the same grounds enumerated in Section 20 Article III of R. A. No. 10587, except paragraph (c) thereof, and onany of the following grounds: (a) Violation of any provision of R. A. No. 10587, this IRR, the Code of Good Governance, the Code of Ethics, the Code of Technical Standards for the practice of environmental planning, and all other policies and regulatory measures of the Board and/or the Commission; (b) Perpetration or use of fraud in obtaining the Certificate of Registration, Professional Identification Card or Special Temporary Permit; (c) Gross incompetence, negligence or ignorance in the conduct of the profession resulting in death, injury to persons and/or damage to property; (d) Unjustified refusal to join or to remain a member in good standing of the APO; (e) Unjustified or unexplained neglect or failure to pay the annual registration fees for five (5) consecutive years; (f) Unjustified or unexplained non-renewal of the Professional Identification Card after the lapse of five (5) consecutive years; (g) Aiding or abetting the illegal practice of a non-registered and unlicensed environmental planner by, among others, allowing him/her to use the Certificate of Registration and/or Professional Identification Card and/or Special Temporary Permit of another person; (h) Illegally practicing the profession during his/her suspension from the practice thereof; and (i) Addiction to a drug or alcohol abuse impairing his/her ability to practice the profession or declared of unsound mind by a court of competent jurisdiction; The Board, subject to the approval of the Commission, shall periodically evaluate the aforementioned grounds and revise or add new ones, as the need arises, in order to conform to the trends and developments in the profession. Section 28. Filing of Charges - Any person, firm or association may file charges against any registrant for any of the grounds mentioned in Section 21 Article III of R.A. No. 10587 and Section 27 Rule III of this IRR. An affidavit- complaint, together with the affidavits of witness/es and other documentary evidence, shall be filed with the Board, through the Commission’s Legal and Investigation Division. The Board may, at its own instance, investigate violations of any of the abovementioned provisions. This motu proprio action to conduct an investigation shall be embodied in a formal charge to be signed by at least a majority of the Members of the Board, The rules on administrative investigation issued by the Commission shall govern the hearing or investigation, subject to the applicable provisions of R.A. No. 8981, R.A. No, 10587, and the Rules of Court. Section 29. Reissuance of Revoked Certificate of Registration, Replacement of Lost or Damaged Certificate of Registration, Professional Identification Card or Special Temporary Permit. - The Board may, upon petition, reinstate or reissue a revoked Certificate of Registration after two (2) years from the effectivity of the revocation, which is the date of surrender of the Certificate of Registration and/or the Professional Identification Card to the Board and/or the Commission. The Board may not require the holder thereof to take another licensure examination. The petitioner shall prove to the Board that he/she has valid reasons to resume the practice of his/her profession. For the grant of the petition, the Board shall issue a Board Resolution subject to approval of the Commission.The Board shall prescribe the guidelines that shall apply in the reissuance of revoked or lost Certificate of Registration, Professional Identification Card or Special Temporary Permit. RULE IV PRACTICE OF ENVIRONMENTAL PLANNING Section 30. Vested Rights. - Licensed Environmental Planners Registered when R.A. No. 10587 was Enacted. - All environmental planners who are already duly registered with the Board and the Commission under Presidential Decree No. 1308, with valid Certificates of Registration and Professional Identification Cards issued by the Commission, and who are in good standing with the APO of environmental planners, shall be deemed automatically registered under R.A. No. 10587. Certificates of Registration and Professional Identification Cards held by such persons in good standing shall have the same force and effect, as though issued after the passage of R.A. No. 10587. Section 31. Consulting Firms, Partnerships, Corporations, Associations and Foundations Engaged in Environmental Planning Practice. – A consulting firm, partnership, corporation, association or foundation, which is duly registered with the Securities and Exchange Commission (SEC), may engage in the practice of environmental planning in the Philippines: Provided, That it complies with the following requirements: (a) The consulting firm, partnership, corporation, association or foundation applies for and is issued a Certificate of Registration by the Board and the Commission to engage in the practice of environmental planning in the Philippines: Provided, That the majority of the partners of the partnership are registered and licensed environmental planners: Provided further, That the majority of the Members of the Board of Directors or Members of corporations shall be registered and licensed environmental planners; and (b) The practice of the consulting firm, partnership, corporation or association in environmental planning shall be carried out by duly registered and licensed environmental planners. The Board shall prescribe the guidelines for the registration of consulting firms, partnerships, corporations, associations, and foundations for the practice of environmental planning. Section 32. Information Required on Plans. - The environmental planner shall indicate the numbers, dates and places of issuances and expiry of his/her Certificate of Registration and/or Professional Identification Card, APO Certificate of Membership and Professional Tax Receipt on all plans and other documents signed by him/her. Section 33. Use of Seal. - All registered and licensed environmental planners shall adopt a seal of such design, as the Board shall authorize and direct: Provided, That the serial number of the certificate issued by the Board shall be included in the design of the seal. Plans, designs and programs prepared by or under the direct supervision of a registered and licensed environmental planner shall be stamped with said seal during the life of the registrant's certificate. It shall be unlawful for anyoneto stamp or seal any document with said seal, after the certificate of the registrant named thereon, shall have expired or shall have been revoked, unless said certificate shall have been renewed or reissued. Section 34. Continuing Professional Education/Development (CPE/CPD). - All registered and licensed environmental planners shall comply with the CPE/CPD requirements, in accordance with such guidelines, rules and regulations issued by the Board and/or Commission. Section 35. Unlawful Practices. - It shall be unlawful for any person or group of persons to: (a) offer or render planning services as defined in R.A. No. 10587 and this IRR, when he/she is not a registered and licensed environmental planner; (b) cause, induce, encourage or coerce the preparation or implementation of any plan that is not signed by a registered and licensed environmental planner, when such plan is so required by R.A. No. 10587 and this IRR to be signed by a registered and licensed environmental planner; (c) amend, revise, duplicate or make copies of plans, designs, programs, and other documents prepared, signed and sealed by a registered and licensed environmental planner, without the explicit and written consent of the latter; and (d) sign his/her name, affix his/her seal or use any other method of signature on plans, specifications or other documents not actually prepared by him/her. Section 36. Accredited Professional Organization (APO) of Environmental Planners. - All registered and licensed environmental planners shall organize themselves into one (1) national organization that is duly registered with the Securities and Exchange Commission (SEC). The Board, subject to approval of the Commission, shall recognize said organization as the one and only accredited and integrated national organization of registered and licensed environmental planners, pursuant to such guidelines issued thereon. All environmental planners, whose names appear in the Registry Book of Environmental Planners, shall automatically become members of the APO and shall receive all the benefits and privileges appertaining thereto, upon payment of the membership fees and dues. Membership in other organizations of environmental planners shall not be barred. RULE V ENFORCEMENT AND PENAL PROVISIONS Section 37. Enforcement by Government Officials and Officers of the Law. - It shall be the duty of the Commission, the Board, all government officials and duly constituted law officers of the national, provincial, city or municipal government to enforce the provisions of RA No. 10587 and this IRR, and to cause the prosecution of any person violating the same. Section 38. Positions in Government with Environmental Planning Functions. - The Civil Service Commission (CSC) shall set qualification standards for environmental planners at various levels in government service, including government-owned and controlled corporations and other entities. After the lapse of five (5) years from the effectivity of R.A. No. 10587, only registered and licensed environmental planners shall be appointed to the position of heads and assistant heads of groups, departments, divisions in government offices, agencies, bureaus orinstrumentalities thereof, including government-owned and controlled corporations, provinces, cities and municipalities, and such other positions which require the knowledge, skills and competence and qualifications of registered and licensed environmental planners. Appointments made thereafter in violation hereof shall be considered null and void. Section 39. Civil Liability of Environmental Planners. - The environmental planner in charge of the preparation of an environmental plan and related documents, as well as other members of the planning team involved in the preparation thereof, may be held civilly liable in cases of serious, large-scale or wholesale damage, failure or destruction of any project subject of or covered by an environmental plan, that result in significant adverse impact on affected stakeholders or the concerned ecosystem, within a period of ten (10) years from the time of implementation of such plan. These are, in cases, where it is determined by a court of competent jurisdiction that such damage, failure or destruction was foreseeable and could have been anticipated, and are directly caused by gross negligence on the part of such environmental planner and/or the environmental planning team member or members, or to highly deficient or inappropriate environmental planning methods, strategies, tools or techniques at variance with generally accepted environmental planning principles, methods, and standards. The government or any affected stakeholder may bring an action to enforce such liability within five (5) years from the time the damage or destruction occurs. Section 40. Penal Provisions. - Any person committing any of the unlawful practices under Section 31 Article IV of R.A. No. 10587 and/or any of the following acts shall, upon conviction, be sentenced by 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: (a) Engaging in the practice of environmental planning in the Philippines without having been registered and licensed or without having conformed to the provisions of R.A. No. 10587 and this IRR; (b) Presenting or attempting to use as his/her own the Certificate of Registration and/or Professional Identification Card or Special Temporary Permit of another person. (c) Giving any false, forged or tampered evidence of any kind to the Board, or impersonating any registered and licensed environmental planner or a holder of a Special Temporary Permit; (d) Using a revoked or suspended Certificate of Registration or an expired Professional Identification Card or Special Temporary Permit; (e) Using in connection with his/her name, or otherwise assuming, using or advertising any title or description tending to convey the impression that he/she is a registered and licensed environmental planner when he/she is not holding a valid Certificate of Registration and Professional Identification Card or a valid Special Temporary Permit; (f) Implementing or causing the implementation of any plan not prepared and signed by a registered and licensed environmental planner; and (g) Violating any of the provisions of R.A. No. 10587 and this IRR. Any Filipino employer who hires foreign practitioners without obtaining a Special Temporary Permit for the latter shall also be held liable under Sections 7 (j) and 16 of R.A. No. 8981 and R.A. No. 10587.In case the offender is a corporation, partnership, association, foundation or juridical person, the penalty of imprisonment shall be imposed on 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. RULE VI TRANSITORY PROVISIONS Section 41. Transitory Provisions. - (a) Within a period of three (3) years from the effectivity of R.A. No. 10587, local government units may continue to issue appointments to persons who are not registered and licensed environmental planners for the positions of national or local planning and development coordinators, or chiefs of local planning and development offices, only on a temporary status or acting capacity. (b) The incumbent Chairperson and Members of the Board shall, in an interim capacity, continue to carry out their functions under the provisions of R.A. No. 10587, without need for new appointments as Chairperson and Members thereof, until the first Board created under R.A. No. 10587 shall have been constituted or organized pursuant thereto. RULE VII FINAL PROVISIONS Section 42. Appropriations. - The Chairperson of the Commission shall immediately include in its programs the implementation of R. A. No. 10587 and this IRR, the funding of which shall be included in the annual General Appropriations Act and thereafter. Section 43. R.A. No. 10587 and this IRR Not Affecting Other Professions. - R.A. No. 10587 and this IRR shall not affect or prevent the practice of any other legally- recognized profession. Section 44. Separability Clause. - If any part or section of R.A. No. 10587 and this IRR shall be declared unconstitutional, such declaration shall not invalidate the other provisions thereof. Section 45. Repealing Clause. - Presidential Decree No. 1308 and its IRR, Resolution No. 01, Series of 1994, and all other laws, resolutions, orders, or circulars, which are inconsistent with R.A. No. 10587 and this IRR, are hereby repealed or amended accordingly. Section 46. Effectivity. - This IRR shall take effect after fifteen (15) days following its full and complete publication in the Official Gazette or in any newspaper of general circulation in the Philippines. th Done in the City of Manila this 11 day of July, 2014 (SGD) JOSEFINA M. RAMOS Chairman(SGD) LIRIO T. ABUYUAN (SGD) DOLORES A. ENDRIGA Member Member Attested by: (SGD) LOVELIKA T. BAUTISTA Officer-in-Charge Office of the Secretary to the Professional Regulatory Boards APPROVED: (SGD) TERESITA R. MANZALA Chairperson (SGD) JENNIFER JARDIN- (SGD) ANGELINE T. CHUA MANALILI CHIACO Commissioner Commissioner Source: Supreme Court E-Library This page was dynamically generated by the E-Library Content Management System (E-LibCMS)