REVISING RESOLUTION NO. 17, SERIES OF 1998 OF THE BOARD OF CIVIL ENGINEERING (RE: RULES AND REGULATIONS PROVIDING FOR THE PROCEDURE FOR THE REGISTRATION AND/OR ISSUANCE OF TEMPO…

WHEREAS, Article XII of the Philippine Constitution provides that
“The practice of all professions in the Philippines shall be limited to
Filipino citizens, save in cases prescribed by law”.

WHEREAS, Section 5(j) of Presidential Decree No. 223, entitled
“Creating the Professional Regulation Commission and Prescribing its
Power and Functions”, allows the issuance of certificates of
registration without examination to foreign professionals through
reciprocity, as follows:

“The Commission may, upon recommendation of the Board
concerned, approve the registration of and authorize the issuance of a
certificate of registration with or without examination to a foreigner
who is registered under the laws of his country: Provided, That the
requirements for the registration or licensing in said foreign state or
country are substantially the same as those required and contemplated by
the laws of the Philippines and that the laws of such foreign state or
country allow the citizens of the Philippines to practice the profession
on the same basis and grant the same privileges as the subjects or
citizens of such foreign state or country: Provided, further, That the
applicant shall submit competent and conclusive documentary evidence,
confirmed by the Department of Foreign Affairs showing that his
country’s existing laws permit citizens of the Philippines to practice
the profession under the rules and regulations governing citizens
thereof: Provided, finally, That the Commission may, upon recommendation
of the Board concerned, and approval of the President, authorize the
issuance of a certificate of registration without examination or a
temporary special permit to practice the profession to any foreigner
regardless of whether or not reciprocity exists in the practice of his
profession between his country and the Philippines and under such
conditions as may be determined by the Commission, if such foreigner is
internationally known to be an outstanding expert in his chosen
profession or a well-known specialist in any of its branches, and that
his services are urgently necessary either for lack or inadequacy of
local experts or if his services will promote the advancement of the
profession in the Philippines. The Commission is also hereby authorized
to prescribe additional requirements or grant certain privileges to
foreigners seeking registration in the Philippines if the same
privileges are granted to or some additional requirements are required
of citizens of the Philippines in acquiring the same certificates in his
country.”

WHEREAS, Section 25 of Republic Act No. 544, as amended, entitled
“An Act to Regulate the Practice of Civil Engineering in the
Philippines”, allows foreign civil engineers to be registered in the
Philippines through reciprocity, as follows:

“Reciprocity requirements — No person who is not a citizen of
the Philippines at the time he applies to take the examination shall be
allowed to take it unless he can prove in the manner provided by the
Rules of Court that, by specific provision of law, the country of which
he is a citizen, subject or national either admits citizens of the
Philippines to the practice of the same profession without restriction
or allows them to practice it after an examination on terms of strict
and absolute equality with citizens, subjects, or nationals of the
country concerned, including the unconditional recognition of degrees
issued by the institutions of learning duly recognized for the purpose
by the Government of the Philippines: x x x.”

WHEREAS, in addition to reciprocity, Section 15(1) of Republic Act No. 544, as amended, supra, allows foreigners to practice civil engineering under certain conditions, as follows:

“Exemption from registration — (1) Registration shall not be required of the following persons:

(a)     Officers or enlisted men of the United States and
Philippine Armed Forces, and civilians employees of the Government of
the United States stationed in the Philippines while rendering civil
engineering services for the United States and/or Philippines.

(b)     Civil Engineers or experts called in by the
Philippine Government for consultation, or specific design and
construction of fixed structures as defined under this Act, provided
that their practice shall be limited to such work. x x x”

WHEREAS, Republic Act No. 6957 (as amended by R.A. No. 7718),
entitled “An Act Authorizing the Financing, Construction, Operation and
Maintenance of Infrastructure Projects by the Private Sector, and for
Other Purposes; Republic Act No. 7916, otherwise known as the “Special
Economic Zone Act of 1995”; Republic Act No. 7227 (as amended by R.A.
No. 7917), otherwise known as the “Bases Conversion and Development Act
of 1992” and Republic Act No. 7042 (as amended by R.A. No. 8179),
otherwise known as the “Foreign Investments Act of 1991” allow foreign
parties who invest in the Philippines through contracts with the
Government to bring in foreigners to work in enterprises, projects
and/or undertakings where said foreign parties have invested.

WHEREAS, Republic Act No. 5181 requires three (3) years of residence
in the Philippines before a foreigner can practice his profession.

WHEREAS, Section 4 of Republic Act No. 544, as amended, supra,
gives the Board of Civil Engineering the power to issue such rules and
regulations as may be deemed necessary to carry out the provision of the
Act.

WHEREAS, the Professional Regulation Commission in Resolution No.
98-547, issued on January 20, 1998, prescribed and promulgated
guidelines for the observance of the various Professional Regulatory
Boards in issuing rules and regulations for the registration and/or
issuance of temporary special permits to foreign professional who are
allowed to practice their professions in the Philippines by Republic Act
No. 544, as amended, P.D. No. 223, other existing laws, and
international conventions or agreements in which the Philippines is a
party or signatory or to which the Philippines has acceded to.

WHEREFORE, the Board RESOLVED, as it hereby RESOLVES, to prescribe
and adopt the following rules and regulations governing the
implementation of the provisions of the above-cited laws and
international conventions and/or agreements allowing foreign civil
engineers to practice their profession in the Philippines and the
procedures that shall be followed in the registration and/or issuance of
temporary special permits to foreign civil engineers found qualified to
practice civil engineering in the Philippines.

SEC. 1.   Foreign Reciprocity — Foreigners wishing to
engage in the practice civil engineering in the Philippines on the basis
of foreign reciprocity shall, before engaging in such practice, secure a
Certificate of Registration from the Professional Regulation Commission
through the following process:

(a)            If not qualified for a Certificate of
registration without examination, the foreigner shall file an
application for permission to take the examination, in the prescribed
form, with the Board of Civil Engineering, accompanied by the following
documents/information:

1.  Personal Data Sheet, under oath, containing such
information as: name of applicant, place and date of birth, nationality,
profession, status of stay, situs of practice, nature of work, name of
employer (if employed, or offered employment), civil status, educational
qualification, experience and other analogous or similar
data/information;

2.  Competent and conclusive documentary evidence,
authenticated by the Department of Foreign Affairs, showing that the
existing laws of the applicant’s country/state allows foreign citizens
(Filipino citizens included) to practice civil engineering in the
applicant’s country/state on terms of strict and absolute equality with
citizens of that country/state;

3.  Certification by the Bureau of Immigration that the
applicant has resided in the Philippines for at least three (3) years
when he filed the application, and a statement that as per their record
applicant did not commit any act contrary to Philippine law; and

4.  Competent and conclusive documentary evidence showing that
the applicant’s country/state gives/grants unconditional recognition of
prerequisite degrees issued by institutions of learning duly recognized
by the Republic of the Philippines.

(b)            If qualified for a Certificate of Registration
without examination, the foreigner shall file an application to register
in the prescribed form, with the Board, accompanied by the documents in
(a) 1, 2, 3, 4 and in addition:

5.  Submit authentic or authenticated copy of document showing
that the applicant is a registered civil engineer and licensed to
practice as civil engineer in his country/state; and

6.  Submit copy of law, authenticated by the Department of
Foreign Affairs, showing that foreign citizens (Filipino citizens
included) are allowed to practice civil engineering in the applicant’s
country/state without the requirement of licensure examination.

(c)            The Board shall evaluate the application for
permission to take examination or application to register to determine
the following:

1.  Whether the laws of the applicant’s country/state allow
the citizens of foreign citizens (Filipino citizens included) to
practice civil engineering on the same basis and grant the same
privileges as the subjects or citizens of such foreign country/state;

2.  Whether the laws of the applicant’s country/state permit
foreign citizens (Filipino citizens included) to practice civil
engineering without the requirement of licensure examination;

3.  Whether the requirements for the registration or
licensing in the applicant’s country/state are substantially the same as
those required and contemplated by the laws of the Philippines;

4.  Whether the applicant is a registered civil engineer and is licensed to practice civil engineering in his country/state;

5.  Whether the applicant has resided in the Philippines for at least three (3) years when he filed the application; and

6.  Whether the applicant’s country/state gives
unconditional recognition of prerequisite degrees issued by institutions
of learning duly recognized by the Government of the Republic of the
Philippines.

(d)            If all of the requirements in (c) except (c) 3
and 5 above are satisfied, the Board shall recommend approval of the
application to take the examination to the Commission.

(e)            Upon approval by the Commission, the applicant
will be allowed to take the examination and, if successful, the
applicant shall be allowed to register as a civil engineer and issued a
Certificate of Registration.

(f) If all the requirements in (c) above are satisfied, the
Board shall recommend to the Commission the issuance of a Certificate of
registration without examination.

(g)            In the cases of those covered by (e) and (f)
above, the names of the foreign professionals shall be entered/enrolled
in the roll of civil engineers and shall be issued the corresponding
professional licenses.

SEC. 2.       Foreign Civil Engineers Brought in by the
Philippine Government Under Section 15-1(b) of R.A. No. 544, as Amended —
Foreigners brought in by the Government by and under the authority of
law whose duties, responsibilities and functions include engaging in the
practice of civil engineering shall, before engaging in such practice,
secure a Temporary Special Permit from the Commission, through the
following process:

(a)            On behalf of the foreign civil engineer, the
government agency or instrumentality availing of the services of the
foreign civil engineer shall file the application for a Temporary
Special Permit, in the prescribed Form, with the Board of Civil
Engineering, accompanied by the following documents/information:

1.  Personal Data Sheet under oath, containing such
information as: name of applicant, place and date of birth, nationality,
profession, status of stay, situs of practice, nature of work,
government agency involved, civil status, educational qualification,
experience and other analogous or similar data/information;

2.  Authentic or authenticated copy of document showing that
the applicant is a registered civil engineer and is licensed to practice
civil engineering in his country/state;

3.  Certification of the government agency or instrumentality
availing of the services of the foreign civil engineer that the
applicant has been brought in by the Government;

4.  Authentic or authenticated copies of the terms and
conditions of the Government’s employment offer to the applicant
indicating the qualifications needed for the position, description of
duties, functions and responsibilities, length of employment and other
similar or analogous data/information; and

5.  A detailed plan on transfer of technology including the
names of participating Filipino professionals, firms, associations or
organizations, with the nature and degree of their involvement.

(b)            The Board shall evaluate the application for Temporary Special Permit to determine the following:

1.  Whether the applicant has been brought in by the Government:

2.  Whether the applicant is a registered civil engineer and
is licensed to practice civil engineering in his country/state; and

3.  Whether there is a viable plan for transfer of technology.

(c)            If all of the requirements in (b) above are
satisfied, the Board shall recommend to the Commission the approval of
the issuance of a Temporary Special Permit, stating the scope and
limitations of such Permit, including the term/period thereof. Temporary
Special Permit shall be issued to the foreign professional within ten
(10) working days from date the application was filed: provided,
however, that if the application has not been acted within the ten (10)
day period, the same shall be considered approved.

(d)            Upon approval by the Commission, the applicant’s
name will be enrolled/entered in the roster of foreign professionals
granted a Special Temporary Permit, with the scope and limitations
stated in the Permit.

(e)            To facilitate the issuance of Temporary Special
Permits to foreigners brought by the Government, the Commission and the
Board shall coordinate with concerned government agencies, such as the
National Economic and Development Authority, Department of Labor and
Employment, Department of Foreign Affairs, Department of Finance, Bureau
of Immigration, and the various agencies/instrumentalities including
government-owned and controlled corporations, engaging the services of
foreign professionals by authority of law, in order that the issuance of
such permits shall be part of the standard procedure for the engagement
of foreign civil engineers by the Government.

SEC.3.    Internationally Known Experts or Specialists —
Foreigners who are internationally known to be outstanding experts in
civil engineering or well-known specialists in any of its branches
wishing to practice civil engineering in the Philippines regardless of
whether or not reciprocity exists in the practice of his profession
between his country/state and the Philippines shall, before engaging in
such practice, apply for the issuance of a Certificate of Registration
without examination, or secure a Temporary Special Permit from the
Commission, through the following process:

(a)            A foreigner wishing to practice in the
Philippines as an expert in civil engineering or a specialist in any of
its branches shall file an application for the issuance of a Certificate
of registration without examination or for the issuance of a Special
Temporary Permit, in the prescribed Form, with the Board of Civil
Engineering accompanied by the following documents/information:

1.      Personal Data Sheet, under oath, containing such
information as: name of applicant, place and date of birth, nationality,
profession, status of stay, situs of practice, nature of work, name of
employer (if employed or offered employment), civil status, educational
qualification, experience and other analogous or similar
data/information;

2.      Authentic or authenticated copy of document showing
that the applicant is a registered civil engineer and is licensed to
practice civil engineering in his country/state;

3.      Certification by the Philippine Institute of Civil
Engineers that the applicant is an internationally known expert in civil
engineering or a well-known specialist in any of its branches; that his
services will promote the advancement of civil engineering in the
Philippines; and that his services are urgently necessary for lack or
inadequacy of local experts;

4.      Authentic or authenticated copies of the terms and
conditions of the employment offer to the applicant indicating the
qualifications needed for the position, description of duties, functions
and responsibilities, length of employment and other similar or
analogous data/information; and

5.      A detailed plan of transfer of technology, including
the names of participating Filipino professionals, firms, or
associations or organization, with the nature and degree of their
involvement.

(b)            In the case of foreign civil engineers who apply
for the issuance of a Certificate of Registration without examination,
the application shall, in addition to the documents in (a), be
accompanied by a Certification of the Bureau of Immigration that the
applicant has resided in the Philippines for at least three (3) years
when he filed the application.

(c)            The Board shall evaluate the application for
Certificate of Registration or Temporary Special Permit to determine the
following:

1.      Whether the applicant is a registered civil engineer
and is licensed to practice civil engineering in his country/state;

2.      Whether the applicant is an internationally known
expert in civil engineering or a well-known specialist in any of its
branches;

3.      Whether the services of the applicant will promote the advancement of civil engineering in the Philippines;

4.      Whether there is a lack or inadequacy of local experts in the particular branch of civil engineering concerned; and

5.      Whether there is a viable plan on transfer of technology.

(d)            If all of the requirements in (c) above are
satisfied, the Board shall recommend approval of the application to the
Commission, indicating in the recommendation whether the recommended
action of the Commission is for the issuance of a Certificate of
Registration without examination or the issuance of a Temporary Special
Permit, stating the scope and limitations of such permit, including its
term or period.

(e)            After its review and approval, the Commission
shall submit the recommendation of the Board to the Office of the
President, for the President’s approval.

(f) Upon approval by the President, the name of the applicant
shall be enrolled/entered in the roster of foreign civil engineers
issued a Certificate of Registration without examination or in the
roster of foreign civil engineers granted a Temporary Special Permit,
within the scope and limitations stated in the Permit.

SEC. 4.   Foreign Civil Engineers Brought in the Philippines by Foreign Parties Who Invest in the Philippines
— Foreigners brought in by foreign parties who invest in the
Philippines through contracts with the Government, and who by law are
allowed to bring in foreigners to work in enterprises where said foreign
parties have invested, and whose duties, responsibilities and functions
include engaging in the practice of civil engineering, shall, before
engaging in such practice, secure a Temporary Special Permit from the
Commission through the following process:

(a)            On behalf of the foreign civil engineer, the
government agency or instrumentality in contract with the foreign party
employing the foreign civil engineer, shall file the application for the
issuance of a Temporary Special Permit, in the prescribed Form, with
the Board of Civil Engineering, accompanied by the following
documents/information:

1.      Personal Data Sheet, under oath, containing such
information as: name of applicant, place and date of birth, nationality,
profession, status of stay, situs of practice, nature of work, name of
employer (if employed or offered employment), civil status, educational
qualification, experience and other analogous or similar
data/information:

2.      Authentic or authenticated copy of document showing
that the applicant is a registered civil engineer and is licensed to
practice civil engineering in his country/state;

3.      Certification of the government agency or
instrumentality in contract with the foreign party employing the foreign
civil engineer, that the applicant has been brought in by a foreign
party that has invested in the Philippines and that such foreign party
is allowed by law to bring in foreign civil engineers to work in
enterprises where such foreign party has invested; and

4.      Authentic or authenticated copies of the terms and
conditions of the employment offer to the applicant indicating the
qualifications needed for the position, description of duties, functions
and responsibilities, length of employment and other similar or
analogous data/information.

(b)            The Board shall evaluate the application for Temporary Special Permit to determine the following:

1.      Whether the applicant is a registered civil engineer
and is licensed to practice civil engineering in his country/state;

2.      Whether the applicant has been brought in by a foreign
party that has invested in the Philippines and whether such foreign
party is allowed by law to bring in foreign civil engineers to work in
enterprises where such foreign party has invested.

(c)            If the requirements in (b) above are satisfied,
the Board shall recommend to the Commission the issuance of a Temporary
Special Permit stating the scope and limitations of such permit,
including its terms or period. Temporary Special Permit shall be issued
to the foreign professional within ten (10) working days from date the
application was filed: provided, however, that if the application has
not been acted upon within the ten (10) day period, the same shall be
considered approved.

(d)            Upon approval by the Commission, the applicant’s
name shall be enrolled/entered in the roster of foreign professional
granted a Temporary Special Permit, with the scope and limitations
stated in the Permit.

SEC. 5.   Foreign Civil Engineers Allowed to Practice Under International Conventions or Agreements
— Foreign civil engineers desiring to practice civil engineering in the
Philippines under international conventions or agreements allowing
foreign civil engineers to practice their profession in the Philippines
shall, before engaging in such practice, secure a Temporary Special
Permit from the Commission through the following process:

(a)            The foreigner shall file an application for a
Temporary Special Permit in the prescribed Form, with the Board of Civil
Engineering, accompanied by the following documents/information:

1.      Personal Data Sheet, under oath, containing such
information as: name of applicant, place and date of birth, nationality,
profession, status of stay, situs of practice, nature of work, name of
employer (if employed or offered employment), civil status, educational
qualification, experience and other analogous or similar
data/information;

2.      Authentic or authenticated copy of document showing
that the applicant is a registered civil engineer and is licensed to
practice civil engineering in his country/state;

3.      Copy of international convention or agreement
authenticated by the Department of Foreign Affairs to which the
Philippines is a party or has acceded, being invoked by applicant in his
application;

4.      Such other documents which, by the terms or provisions
of the international convention or agreement, are required to be
submitted;

5.      If by the terms or provisions of the international
convention or agreement, reciprocity is required, the applicant shall
submit the documents adverted to in Section 1 (a) 2, 3, and 4.

(b)            The Board of Civil Engineering shall direct the
submission of additional documents as may be required by the provisions
of the international convention or agreement.

(c)            The Board shall evaluate the application for Temporary Special Permit to determine the following:

1.      Whether the applicant is a registered civil engineer
and is licensed to practice civil engineering in his country/state;

2.      Whether the international convention or agreement
being invoked by the applicant allows the applicant to practice civil
engineering in the Philippines;

3.      Whether the applicant has submitted all documents
which, by the terms or provisions of the international convention or
agreement, are required to be submitted.

(d)            If all of the requirements in (c) above are
satisfied, the Board shall recommend to the Commission the issuance of
Temporary Special Permit, stating the scope and limitations of such
permit, including its term or period.

(e)            Upon approval by the Commission, the name of the
applicant shall be enrolled/entered in the roster of foreign civil
engineers granted a Temporary Special Permit, with the scope and
limitations stated in the Permit.

SEC. 6.   Engagement of Foreigners — Any private or
government official, who shall knowingly engage a foreigner to practice
civil engineering in the Philippines who has not been given a
Certificate of Registration or Temporary Special Permit by the Board and
the Commission, shall be prosecuted and meted with administrative and
penal sanctions, but the latter shall be imposed only upon the
responsible officers if it is a juridical person who engages such
foreigner, as may be provided by law.

SEC. 7.   Repealing Clause — Resolution No. 17 Series of 1998 of the Board is hereby repealed.

SEC. 8.   Effectivity — This Resolution shall, upon
approval by the Professional Regulation Commission, take effect after
fifteen (15) days following the completion of its full publication in
the Official Gazette or in a newspaper of general circulation in the
Philippines, whichever is earlier.

Adopted: 11 May 2000

(SGD.) ANGEL L. LAZARO III Chairman
(SGD.) RIZAL ALBERTO C. NOLIDO Member		(SGD.) LEOVIGILDO S. VEROY Member
ATTESTED:
(SGD.) CARLOS G. ALMELOR Secretary, Professional Regulatory Boards
Approved by the Professional Regulation Commission as part of the Rules and Regulations of the Board of Civil Engineering:
(SGD.) HERMOGENES P. POBRE Commissioner
(SGD.) ALFONSO G. ABAD Associate Commissioner	(SGD.) AVELINA DE LA REA-TAN Associate Commissioner