CREATION OF THE BOARD OF AGRICULTURE UNDER THE PROFESSIONAL REGULATION COMMISSION AND FOR OTHER PURPOSES

WHEREAS, Sec. 75 of Republic Act No. 8435 known as the “Agriculture
and Fisheries Modernization Act of 1997” provides for the creation of
the Board of Agriculture in the Professional Regulation Commission (PRC)
to upgrade the agriculture profession.

WHEREAS, the Department of Agriculture issued the Rules and Regulations implementing Republic Act No. 8435 on May 13, 1998.

WHEREAS, Sec. 75 of said Rules and Regulations directs the PRC to
create and operationalize the Board of Agriculture under its
administrative supervision and control, and the prescription of its
powers and functions and other related matters on the licensing and
regulation of the practice of the agriculture profession.

WHEREFORE, the Commission, in compliance with the provisions of the
Rules and Regulations implementing R.A. No. 8435, particularly Sec. 75.1
thereof, in relation to its powers under Sec. 5 of Presidential Decree
no. 223, as amended, resolved as it hereby resolves to create the Board
of Agriculture under its administrative supervision and control to
prescribe its powers and functions relative to the licensing and
regulation of the practice of the agriculture profession as follows:

ARTICLE I – Title

SECTION 1.       Title — This Resolution shall be known and cited as the Resolution Creating the Board of Agriculture.

ARTICLE II – Objectives and Definitions

SECTION 2.       Objectives — This Resolution provides for and shall govern:

a.      the administration and conduct of licensure examination, registration and licensing of agriculturists;
b.      the supervision and regulation of the practice of the agriculture profession in the Philippines; and
c.       the upgrading of the agriculture profession and the professionalization of agriculturists.

SECTION 3.       Definitions — As used in this Resolution, the following terms shall mean:

a.   Agriculture — shall refer to the art, science and
business of cultivation of the soil, planting of crops, growing of
trees, raising of livestock and poultry including the harvesting of such
farm products and other farm activities and practices performed in
conjunction with such farming operation by persons whether natural or
juridical.

b.   Practice of the Agriculture Profession — shall refer
to the application of known and fundamental principles peculiar to the
condition and requirements of agriculture as a field of science, as an
industry and/or business which shall include, but not limited to the
following:

1.      Consultation, evaluation, investigation and management
services requiring the application of knowledge in agriculture  and its
components.

2.      Preparation of plans, specifications, project
feasibility studies and estimates and other management services in the
production of crops, raising of livestock and poultry, planting of trees
and marketing agriculture products.

3.      Conduct research and studies in the areas of soil
analysis and conservation, crop production, breeding of livestock and
poultry and tree planting.

4.      Conduct training and extension work in agricultural crop production, poultry and livestock raising and tree planting.

5.      Management and/or marketing services related to agriculture as a business or industry.

6.      Teaching agriculture subjects in schools, colleges and universities established or recognized by the Government.

7.      Employment in the private and government sectors where
such employment requires the knowledge and expertise of a licensed
agriculturist.

c.    Agriculturist — refer to a person who is technically
qualified and competent to practice the agriculture profession and who
has been issued a certificate of registration and professional license
as agriculturist by the Board and the Commission.

d.    Agricultural Sector — refers to the sector engaged in the
cultivation of the soil, planting of crops, growing of trees, raising of
livestock and poultry including post-harvest handling, primary
processing and marketing of such farm products and other farm activities
and practices.

e.    Board — refers to the Board of Agriculture.

f.     Commission — refers to the Professional Regulation Commission.

ARTICLE III – Board of Agriculture

SECTION 4.       Creation and Composition of the Board —
There is hereby created a Board of Agriculture to be composed of a
Chairman and five (5) Members, each Member representing one of the six
(6) fields of specialization listed in Sec. 15, Article IV, hereof, to
be appointed by the President of the Philippines from a list of three
(3) recommendees of the Professional Regulation Commission for each
position chosen from a list of five (5) nominees for each position
submitted by the accredited integrated association of agriculturists;
Provided, that a Member representing a field of specialization has a
bachelor’s degree in that particular field of specialization.

The Chairman and the five (5) Members, who shall be professionally
qualified agriculturists, shall be automatically registered as
agriculturists and issued certificates of registration and professional
licenses upon payment of the required fees and have taken the oath of a
professional.

SECTION 5.       Qualifications of Board Members — The
Chairman and Members of the Board of Agriculture shall, at the time of
their appointment, possess the following qualifications:

a.  Must be a natural-born citizen and resident of the Philippines.

b.  Must at least be forty (40) years of age.

c.  Must be of proven integrity and possessed of high moral and
ethical values in his personal as well as professional conduct.

d.  Must not have been convicted in a final judgement of a crime involving moral turpitude.

e.  Must be a holder of at least a degree of Bachelor of Science
in Agriculture, preferably  with a master’s degree in agriculture
obtained from a school, college or university established or recognized
by the Government or from abroad and has been engaged in the practice of
the agriculture profession for at least ten (10) years before his
appointment.

f.   Just not be connected with any school, college or university
granting a degree that qualifies graduates of such degree for admission
to the licensure examination for agriculturists either as administrative
official/employee or faculty member or as owner, partner or
stockholder.

g.  Must not be connected with any review center or any entity
conducting review classes for candidates in licensure examinations for
agriculturists either as owner, partner or stockholder or reviewer.

SECTION 6.       Term of Office — The Chairman and Members
of the Board shall hold office for a term of three (3) years from the
date of their appointment until their successors shall have been
appointed and duly qualify; Provided, that the first appointees to the
Board shall hold office according to the following terms: two (2)
Members, one of whom shall be designated Chairman in the appointment,
shall serve for three (3) years; two (2) Members shall serve for two (2)
years and two (2) Members shall serve for one (1) year.

The Chairman and Members may be re-appointed for another term but in no case shall serve for more than six (6) years.

In case of vacancy in the Board occurring within the term of a
Member, the appointee shall serve only for the unexpired portion of the
term.

SECTION 7.       Compensation of the Members of the Board —
The Chairman and Members of the Board shall receive compensation and
allowances comparable to the compensation and allowances being received
by the Chairman and members of existing Professional Regulatory Boards
under the Professional Regulation Commission as provided in the annual
General Appropriations Act.

SECTION 8.       Removal of Members — The President may, upon recommendation of the Commission, remove any Member of the Board for any of the following causes:

a.  negligence;

b.  incompetence;

c.  immoral, dishonorable or unprofessional conduct;

d.  violation of or abetting the violation of any provisions of this Resolution or the Code of Ethics for Agriculturists;

e.  conviction in a final judgment of a crime involving moral turpitude.

The right of the respondent to due process and be assisted by
counsel in an investigation shall be respected and upheld. The President
may, also upon recommendation of the Commission, preventively suspend a
Member under administrative investigation.

SECTION 9.       Powers and Functions of the Board — The Board of Agriculture shall have the following powers and functions:

a.  To promulgate, adopt and issue rules and regulations to carry out and/or implement the provisions of this resolution;

b.  To give and supervise the licensure examination for admission to the practice of the agriculture profession;

c.  To administer the oath of a professional to successful
examines in licensure examinations for agriculturists in appropriate
mass oath-taking ceremonies to be held for the purpose;

d.  To register and issue certificates of registration to
successful examines in licensure examinations for agriculturists and to
persons qualified to register as agriculturists without examination;

e.  To suspend or revoke the certificate of registration and
professional license of an agriculturists for causes provided herein;

f.   To adopt an official seal of the Board as well as the seal of agriculturists;

g.  To promulgate, adopt and issue a Code of Ethics for
Agriculturists and a Code of Professional Standards for the Practice of
the Agriculture Profession;

h.  To look into the conditions affecting the practice of the
agriculture profession and, whenever necessary, to adopt such measures
as may be deemed appropriate for the enhancement or maintenance of high
professional and ethical standards of the practice of the agriculture
profession;

i.   To ensure, in coordination with the Commission on Higher
Education (CHED), that all educational institutions offering courses in
agriculture and agricultural  technology shall comply with the policies,
standards and requirements of the course prescribed by the CHED in the
areas of curriculum, faculty, library and facilities;

j.   To hear/try and decide administrative cases involving
violations of the provisions of this resolution and its Implementing
Rules and Regulations including the Code of Ethics for Agriculturists
and Code of Professional Standards for the Practice of the Agriculture
Profession and, for this purpose, to issue subpoena and subpoena duces
tecum to secure the appearance of witnesses and the production of
documents and to testify in connection herewith.

k.  To prescribe guidelines for the implementation of its
continuing professional education programs for agriculturists in
coordination with the accredited integrated association of
agriculturists.

l.   To prepare, adopt and issue, in consultation with the
academe, the syllabi or terms of specifications of the subjects for
licensure examination and to amend the same.

m. To discharge and perform such other duties and functions as may
be necessary to carry out the objectives and purposes as well as the
provisions of this Resolution.

Except in matters which are ministerial in nature, all policies and
functions of the Board embodied in Resolutions shall be subject to the
review and approval of the Commission.

SECTION 10.    Supervision of the Board; Custodian of its Records, Secretarial and Support Services
— The Board shall be under the administrative supervision and control
of the Commission. All records of the Board including applications for
examination, examination papers and results, minutes of deliberation,
administrative cases and other investigations involving examines and
agriculturists  shall be kept and subject to the disposition of the
Commission.

The Commission shall provide secretarial and support services to the
Board for the efficient and effective implementation of the provisions
of this Resolution.

SECTION 11.    Annual Report — The Board shall, within
thirty (30) days from the close of each calendar year, submit an annual
report to the President of the Philippines, thru the Professional 
Regulation Commission, of its proceedings and accomplishments during the
preceding year and make recommendations for the adoption of measures
that will upgrade and improve the conditions affecting the practice of
the agriculture profession in the Philippines.

ARTICLE IV – Examination and Registration

SECTION 12.    Examination Required — All applicants for
registration for the practice of the agriculture profession shall be
required to undergo and pass a written examination as provided herein. 

SECTION 13.    Qualifications of Applicants for Examination — Each applicant for examination shall establish to the satisfaction of the Board that:

a.      He/She is a citizen of the Philippines.

b.      He/She is of good moral character.

c.       He/She must not have been convicted in a final judgment of a crime involving moral turpitude.

d.      He/She is a graduate of the degree of Bachelor of Science
in Agriculture or Bachelor of Agricultural Technology from a school,
college or university established or recognized by the Government.

SECTION 14.    Fraudulent Application — The Board may
suspend or revoke a certificate of registration and professional license
already issued, if a registrant has been proved or found to have made
misrepresentation/s in his application for examination.

SECTION 15.    Scope of Examination — The examination for agriculturists shall basically cover the following fields of specialization:

1.      Crop and Soil Sciences
2.      Crop Protection
3.      Animal Science
4.      Agricultural Economics and Marketing
5.      Agricultural Extension and Communication
6.      Post-Harvest Technology

The Board may recommend to the CHED changes in the said subjects to
conform with modern and advanced technologies in agriculture. The Board
shall not give examinations in the said subjects unless applicants for
examination have enrolled and passed such subjects.

SECTION 16.    Ratings in the Board Examination — To pass
the licensure examination for agriculturists, a candidate must obtain a
weighted general average of seventy-five percent (75%) or higher but
obtained a rating below sixty percent (60%) in any given subject/s
he/she shall be allowed to take the examination in the subject or
subjects where he obtained a grade below sixty percent (60%) only once. 

SECTION 17.    Report of Ratings — The Board shall submit
to the Commission the rating obtained by each candidate in the licensure
examination within at least twenty (20) days after the examination in
the last subject unless extended by the Commission  for just cause/s.
Upon the release of the results of the examination, the Board, thru the
Rating Division of the Commission, shall send by mail the rating
obtained by each examine at his given address using the mailing envelope
with postage stamp submitted during the examination.

SECTION 18.    Re-Examination — An applicant who fails to
pass the examination for the third time shall be allowed to take another
examination only after the lapse of one (1) year.

SECTION 19.    Oath of Agriculturists — All successful
examines in the licensure examination for agriculturists including
persons who are qualified to register as agriculturists without
examination shall be required to take the oath of a professional in
person before the Board in oath-taking ceremonies held for the purpose
prior to entering the practice of the agriculture profession. Any
successful examine may, for just and good cause shown, be allowed to
take the oath of a professional before any Member of the Board or any
person authorized by law to administer oaths.

SECTION 20.    Certificates of Registration and Professional License —
A certificate of registration shall, after personally signing the Role
of Agriculturists and payment of the required fees, be issued to
successful examines as well as to persons who qualified to register as
agriculturists without examination.

The certificate of registration of an agriculturist shall bear the
picture of the registrant permanently attached and the signatures of the
Chairman and Members of the Board and the Chairman  of the Commission
with the official seal of the Board being affixed thereto indicating
that the person named therein is a registered agriculturist and
authorized to practice the agriculture profession.

A professional license duly signed by the Chairman of the Commission
shall likewise be issued to the registered agriculturist after payment
of the annual registration fees for three (3) consecutive years. The
license bearing the number of the licensee’s certificate of registration
including the date of issuance and date of expiration of said license
shall serve as evidence that the registered agriculturist is legally
authorized to practice his profession during the period of its validity.

SECTION 21.    Seal and Use of Seal — Every agriculturist
shall obtain a seal of such  design as the Board shall adopt and
approve, which shall be affixed to or impressed upon all documents,
records, papers and/or instruments prepared by/or under the direct
supervision of, or issued by registered agriculturists. The seal shall
be used by the agriculturist only during the period of the validity of
his license.

SECTION 22.    Indication of License and Privilege Tax Receipt
— Every registered agriculturist shall be required to indicate the
number of his professional license, the dates of issuance and expiration
including the number of his privilege tax receipt, the date and place
of issue on any and all documents that he signs, issues or uses in
connection with the practice of his profession.

SECTION 23.    Grounds for the Suspension or Revocation of Certificate of Registration and Professional License
— The Board may, upon due notice and hearing, suspend or revoke the
certificate of registration and the professional license of the
agriculturist upon the grounds provided herein, including but not
limited to the following:

a.      use or perpetration of any fraud or deceit in obtaining a certificate of registration;
b.      incompetence;
c.       negligence;
d.      immoral, dishonorable or unprofessional conduct;
e.      malpractice or illegal practice of the agriculture profession;
f.        violation of or abetting the violation of the provisions of
this Resolution, its Implementing Rules and Regulations or violation of
the Code of Ethics for Agriculturists or the Code of Professional
Standards for the Practice of the Agriculture Profession.

The decision of the Board may be appealed to the Commission within fifteen (15) days from notice  of judgment.

ARTICLE V – Practice of the Agriculture Profession

SECTION 24.    Practice of the Agriculture Profession — The
practice of the agriculture profession is a professional service
admission to which shall be determined upon the bases of the
individual’s personal qualifications. No firm, company, partnership,
association or corporation may be registered or licensed to practice the
agriculture profession; Provided, however, that persons registered and
licensed as agriculturists may, among themselves, form a firm,
partnership or association using the term “Agriculturists” and obtain
registration with the Securities and Exchange Commission (SEC) or with
the appropriate agency of the Government, as the case may be. Nobody
shall be allowed to be a member, partner or associate in such firm,
partnership or association unless he is a duly registered and licensed
agriculturist.

SECTION 25.    Registration of Agriculturist Without Examination
— Upon approval of application and payment of the required fees,
certificate of registration and professional license shall be issued to
the applicant for registration without examination who can prove to the
satisfaction of the Board that:

A. He/She graduated from a school, college or university established
or recognized by the Government with the degree of Bachelor of Science
in Agriculture or Bachelor in Agricultural Technology or their closely
related degrees, namely: Bachelor of Science in Agribusiness; Bachelor
of Science in Agricultural Chemistry; Bachelor of Science in
Agricultural Economics; Bachelor of Science in Agricultural Education;
Bachelor of Science in Agricultural Engineering; Bachelor of Science in
Agricultural Extension; Bachelor of Science in Animal Husbandry or
Bachelor of Science in Food Technology, and has accomplished any of the
following:

1.      Passed an examination given by the Civil Service
Commission (CSC) in any of the fields of specialization in agriculture
and has served the agriculture industry in either public or private
capacity for not less than five (5) years in either public or private
capacity for not less than five (5) years prior to the effectivity of
R.A. No. 8435 or

2.      Obtained the degree of Master of Agriculture or Master of
Arts in Teaching Elementary Agriculture or Master of Science in any of
the fields of specialization in agriculture and has served the
agriculture industry in either public or private capacity for not less
than three (3) years before the effectivity of R.A. No. 8435 or

3.      Obtained the degree of Doctor of Philosophy in any of the
fields of specialization in agriculture and has served the agriculture
industry in either public or private capacity for not less than two (2)
years before the effectivity of R.A. No. 8435.

SECTION 26.    Integration of Agriculturists — After the
registration of persons qualified to register as agriculturists without
examination and/or the registration of successful examines in licensure
examination for agriculturists, the Board of Agriculture shall initiate
the integration of all registered agriculturists into one (1) national
association or organization of agriculturists which shall be registered
with the Securities and Exchange Commission (SEC) and recognized by the
Board and accredited by the Commission as the one (1) and only
accredited integrated association of agriculturists.

Upon registration with the Board, every agriculturist shall
automatically become a member of the accredited integrated national
association or organization of agriculturists and shall be qualified to
receive the benefits and privileges appurtenant to such membership.

SECTION 27.    Foreign Reciprocity — No foreigner shall be
admitted to sit in the licensure examination for agriculturists and/or
be registered as agriculturists and issued a license or a temporary
special permit to practice the agriculture profession under this
Resolution unless he proves in the manner provided in the law creating
the Professional Regulation Commission, that by specific provision of
law of the country of which he is a citizen, allows citizens of the
Philippines to practice the agriculture profession after an examination
or without examination on terms of strict and absolute equality with the
citizens of said country including the unconditioned recognition of
prerequisite degrees issued by institutions of learning established or
recognized the Government of the Republic of the Philippines.

SECTION 28.    Fund Assistance — The Secretary of
Agriculture shall allocate from the initial appropriations of the
Department of Agriculture provided in Section 111 of R.A. No. 8435,
known as the Agriculture and Fisheries Modernization Act of 1997 the
amount of Ten Million (P10,000,000.00) Pesos to be disbursed for the
operation of the Board of Agriculture authorized to be created in the
Professional Regulation Commission pursuant to Section 75 of the said
Act for a period of one (1) year from its creation which shall include
personal services, maintenance and other operating expenses and capital
outlay.

Thereafter, such sums as are necessary for the continued operation
of the Board shall be included in the Annual Appropriations of the
Professional Regulation Commission.

SECTION 29.    Implementing Rules and Regulations — The
Board shall adopt, promulgate and issue the Rules and Regulations to
implement or carry out the provisions of this Resolution,  subject to
the approval of the Commission.

SECTION 30.    Effectivity — This resolution shall take
effect after thirty (30) days following its publication in the Official
Gazette or in a newspaper of general circulation in the Philippines,
whichever is earlier.

Adopted: 15 May 2000

(SGD.) HERMOGENES P. POBRE Commission Chairman
(SGD.) ALFONSO G. ABAD Associate Commissioner	(SGD.) AVELINA DELA REA-TAN Associate Commissioner
ATTESTED:
(SGD.) EDGARDO J. ANGARA Secretary, Department of Agriculture