REPUBLIC ACT NO. 10166, June 11, 2012
AN ACT REGULATING THE PRACTICE OF GEOLOGY IN THE PHILIPPINES, REPEALING FOR THE PURPOSE REPUBLIC ACT NUMBERED FOUR THOUSAND TWO HUNDRED NINE (R. A. NO. 4209), OTHERWISE KNOWN AS…
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
ARTICLE I
TITLE, STATEMENT OF POLICY, DEFINITION OF
TERMS AND SCOPE OF PRACTICE
SECTION 1. Title. – This Act shall be known as the “Geology Profession Act of 2012?.
SEC. 2. Statement of Policy. –
It is hereby declared the policy of the State to supervise and regulate
the practice of geology which is vital to national development; upgrade
geology education and the quality of geologists whose standards of
professional practice shall be excellent, world-class and globally
competitive through regulatory measures, programs and activities.
SEC. 3. Objectives. – This Act shall govern, but shall not be limited to, the following:
(a) the examination, registration and licensure of geology profession;
(b) the supervision, control and regulation of the practice of geology;
(c) the development of the professional competence of geologists through continuing professional education; and
(d) the integration of the geology profession.
SEC. 4. Definition of Terms. – As used in this Act, the following terms shall mean as follows:
(a) Practice of Geology shall
mean the offering or rendering of services of any of the specialized
branches of geology for a fee, reward or compensation, paid to him/her
or through another person or persons, or even without such reward or
compensation.
(b) Board shall mean the Board of Geology.
(c) Accredited Professional Organization ( APO ) shall
mean the professional organization duly accredited by the Professional
Regulatory Board of Geologists and the Professional Regulation
Commission.
(d) Continuing Professional Education (CPE) shall
mean the inculcation, assimilation and acquisition of knowledge,
skills, proficiency and ethical and moral values, after the initial
registration of a professional that raise and enhance the professional’s
technical skills and competence.
SEC. 5. Scope of Practice. –
A person shall be deemed to be practicing geology or rendering
geological service in government, industry and the academe when he/she
undertakes geological work for a fee, salary or remuneration. The scope
of practice of a geologist shall include, but not be limited to, the
following:
(a) General geological survey or mapping, whether
onshore or offshore, to identify different types of rocks, geologic
structures, metallic and non-metallic mineral deposits and/or energy
resources such as petroleum, gas, coal, geothermal systems as well as
groundwater resources;
(b) Exploration for metallic and
non-metallic mineral resources outside active mining areas and/or mine
exploration to locate extensions or mineral deposits inside mine
operating areas;
(c) Geological exploration for energy resources like petroleum, gas and coal, nuclear minerals and/or geothermal resources;
(d)
Study of geohazards due to faulting, volcanism, ground subsidence,
groundwater pollution, weathering and erosion; their characteristics,
and impact on housing and infrastructure projects and the environment;
(e)
Hydrogeological studies which include search for underground water
resources, and determining their characteristics, location, depth and
volume, including groundwater vulnerability assessment;
(f) Investigation and study of the physical and geo-mechanical characteristics of rocks and soils;
(g)
Gathering, processing and evaluation of geologic data for environmental
assessment and management, including conservation and biodiversity
projects;
(h) Data processing, petrology, mineragraphy and
laboratory studies that require geological knowledge essential in data
interpretation and in the preparation of geological report;
(i) Preparation of geological reports in accordance with best practices and applicable laws and regulations;
(j)
Teaching of geological courses in any academe program leading to a
professional degree, including refresher and review courses; and
(k) Other geologic work or service which, in the assessment and opinion of the Board, constitutes the practice of geology.
The
Board, subject to approval by the Commission, may add to or exclude any
act as the need arises after consultation with the APO and the academe.
ARTICLE II
CREATION OF THE PROFESSIONAL REGULATORY BOARD OF GEOLOGY
SEC. 6. Composition of the Professional Regulatory Board of Geology. – There
is hereby created a Professional Regulatory Board of Geology,
hereinafter referred to as the Board, under the administrative control
and supervision of the Professional Regulation Commission, hereinafter
referred to as the Commission, composed of a chairman and two (2)
members to be appointed by the President of the Philippines from among
those recommended by the Commission from the nominees of the duly APO of
geologists. The new Board shall be constituted not later than six (6)
months from the effectivity of this Act.
SEC. 7. Powers and Duties of the Board. – The Board shall have the following powers and duties:
(a) To supervise and regulate the practice of geology profession;
(b) To determine and evaluate the qualifications of the applicants for registration;
(c)
To prescribe the subjects in the licensure examinations, determine the
syllabi of the subjects and their relative weights, construct the test
questions in the examinations, score and rate the examination papers,
and submit the examination results to the Commission;
(d) To
issue, together with the Commission, certificates of registration and
professional identification cards to applicants who have passed the
licensure examinations for professional geologists;
(e) To issue temporary/special permits to foreign geologists to practice the profession;
(f)
To inquire into conditions affecting the practice of the profession and
adopt measures for the enhancement and maintenance of high
professional, ethical and technical standards. Pursuant thereto, the
Board may inspect establishments where geologists practice their
profession such as mines, plants, offices and the like in order to
determine and enforce compliance with the provisions of this Act and
issue Certificates of Compliance for the purpose;
(g) In
coordination with the Commission on Higher Education (CHED), inspect the
facilities, faculty, equipment and other aspects directly related to
the geology program of educational institutions;
(h) To adopt the implementing rules and regulations (IRR) necessary for carrying out the provisions of this Act;
(i) To adopt a Code of Ethics and a Code of Professional and Technical Standards for the practice of geology profession;
(j)
To investigate, in accordance with the rules on administrative
investigation promulgated by the Commission, violations of this Act and
its IRR, the Code of Ethics and the Code of Professional and Technical
Standards for Geologists, administrative policies, orders and issuances
promulgated by the Board;
(k) To issue subpoena duces tecum to secure the attendance of witness or the production of documents in connection with administrative cases before the Board;
(l)
To hear and decide administrative cases filed against geologists and
firms employing the same. The hearing shall be presided by the chairman
or a member of the Board with the assistance of an attorney of the
Commission. The decision of the Board may be appealed to the Commission
and to the court within fifteen (15) days from notice, otherwise the
decision shall become final and executory;
(m) To administer oaths in connection with the performance of its functions;
(n) To adopt an official seal and prescribe the seal of the geology profession;
(o)
To submit an annual report on the proceedings and accomplishments
dining the year and/or recommendations of the Board to the Commission
thirty (30) days after the close of each calendar year;
(p) To prosecute or institute criminal action against any violator of this Act and/or rules and regulations of the Board;
(q)
To prescribe guidelines and criteria on the CPE program for geology in
consultation with the integrated and APO of geologists; and
(r)
To perform regulatory, administrative and quasi-legislative functions as
mandated under Republic Act No. 8981, otherwise known as the PRC
Modernization Act, and such other functions as may be necessary in order
to implement the provisions of this Act.
SEC. 8. Qualifications of the Chairman and Members of the Board. – The chairman and members of the Board, at the time of the appointment, shall be:
(a) A natural born citizen and resident of the Philippines ;
(b)
A holder of at least a bachelor’s degree in geology as conferred by a
university or school of good standing, recognized and accredited by the
government;
(c) A registered geologist with a valid certificate
of registration and professional identification card and an active
practitioner for not less than ten (10) continuous years prior to
his/her appointment;
(d) A person who does not have any
pecuniary interest, directly or indirectly, in any university, college,
school or institution conferring an academic degree necessary for the
admission to the practice of geology, or institutions where review
classes in preparation for the licensure examinations for geologists are
being officially offered or conducted; nor shall he/she be a member of
the faculty or of the administration thereof prior to appointment to the
Board; and
(e) A member of the APO of geology but not a trustee or officer thereof.
SEC. 9. Terms of Office. –
The chairman and every member of the Board shall hold office for a term
of three (3) years or until their successors shall have been duly
appointed. They may be reappointed for another term of three (3) years
immediately after the expiry of their term but in no case shall the
whole term exceed six (6) years. Interim vacancies shall be filled for
the unexpired portion of the term only.
The chairman and members shall qualify by taking the proper oaths prior to assumption of office.
SEC. 10. Compensation of the Board. – The
chairman and members of the Board shall receive compensation and
allowances comparable to that being received by the chairman and members
of other professional regulatory boards under the Commission as
provided for in the General Appropriations Act.
SEC. 11. Custodian of Records, Secretariat and Support. – All
records of the Board, including applications for examinations,
examination papers and results, minutes of meetings, deliberations of
administrative and other investigative cases involving the Board shall
be kept by the Commission. The Commission shall designate the Secretary
of the Board and shall provide secretariat and other support services to
implement the provisions of this Act.
SEC. 12. Grounds for Suspension or Removal of Board Chairman/Members. –
The President, upon the recommendation of the Commission after due
process and administrative investigation conducted by the Commission,
may remove or suspend a chairman or member of the Board on any of the
following grounds:
(a) gross neglect, incompetence or dishonesty in the discharge of their duty;
(b)
violation of any of the causes/grounds and the prohibited acts provided
in this Act and the offenses in the Revised Penal Code, the Anti-Graft
and Corrupt Practices, and other laws; or
(c) manipulation or
rigging of the results of the geology licensure examination, disclosure
of secret and confidential information on the examination questions
prior to the conduct thereof, or tampering of grades.
SEC. 13. Annual Report. –
The Board shall submit an annual report to the Commission after the
close of each fiscal year giving detailed account of Board proceedings
during the year and embodying such recommendations as the Board may
desire to make.
ARTICLE III
LICENSURE EXAMINATION AND REGISTRATION
SEC. 14. Passing of Licensure Examination Requirement. –
Except as otherwise specifically allowed under this Act, applicants for
registration for the practice of geology shall be required to pass a
licensure examination as provided for in this Act.
SEC. 15. Holding of Examination. –
Examination of candidates applying for registration as geologist shall
be given at least once a year in such places and dates as the Commission
may designate in accordance with the provisions of Republic Act No.
8981, otherwise known as the PRC Modernization Act.
SEC. 16. Scope of Examination. –
In the licensure examination for geologist, the scope of examinations,
methods and procedures shall be prescribed by the Board. The licensure
examination shall cover, but shall not be limited to, the following
subjects:
(a) General Geology;
(b) Petrology and Mineralogy; and
(c) Applied Geology.
The
Board, subject to approval by the Commission, may revise or exclude any
of the subjects and their syllabi, and add new ones as the need arises
to conform to technological changes brought about by continuing trends
in the profession: Provided, That a detailed syllabi of the
above examinations covering the whole aspects of the geology profession
and practice shall be prepared by the Board.
SEC. 17. Qualifications for Examinations. – The qualifications required for applicants to the licensure examination for geology are the following:
(a) He/She is a citizen of the Philippines or a foreign citizen whose country has reciprocity agreement with the Philippines ;
(b)
A graduate of a school, institute, college or university recognized by
the government and has been conferred the degree of Bachelor of Science
in Geology, Bachelor of Science in Geological Engineering, Master of
Science in Geology, or their equivalent degrees;
(c) Has good moral character; and
(d) Has not been convicted by a court of competent jurisdiction of an offense involving moral turpitude.
SEC. 18. Examination Fees. –
Any applicant admitted to take the geology licensure examination shall
pay such fees as may be prescribed by the Commission before he/she is
allowed to take the examination.
SEC. 19. Rating in the Licensure Examination. – To pass the licensure examination for geology, a candidate must obtain a general weighted average of no less than seventy per centum (70%) and a rating of no less than fifty per centum (50%) in any examination subject.
SEC. 20. Report of Ratings. – The
Board shall complete the correction of examination papers within three
(3) days from the last day of examinations. The Commission shall report
the rating of examinees not more than ten (10) days after the Board has
completed the correction of examination papers.
SEC. 21. Issuance of Certificates of Registration and Professional Identification Card. – A certificate
of registration shall be issued to those who are registered with or
without licensure examination subject to payment of fees prescribed by
the Commission. It shall bear the signatures of the Chairperson of the
Commission and of the chairman and members of the Board, stamped with
the official seal 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. Until withdrawn, revoked or
suspended in accordance with this Act, it shall remain in full force
and effect.
A professional identification card bearing the
registration number and date, its validity and expiry duly signed by the
Chairperson of the Commission shall likewise be issued to every
registrant who has paid the prescribed fees. The said card shall be
renewed every three (3) years upon mandatory submission of the CPE
units, as may be required by the Board.
SEC. 22. Issuance of Certificates of Specialization. –
Upon nomination of the APO of geologists, the Board shall issue a
Certificate of Specialization to an applicant who is a registered
geologist and who has specialized knowledge, training and experience in a
specific field of geology and has documented his/her expertise and
competence on the same.
SEC. 23. Seal of a Registered Geologist. – Every
geologist shall, upon registration, obtain a seal as prescribed by the
Board. Plans, specifications, reports and other professional documents
prepared by or executed under the supervision of and issued by the
registrant shall he stamped on every sheet with the said seal when filed
officially or when submitted for professional use.
SEC. 24. Fees for Registration. – Every person issued a Certificate of Registration shall pay to the Commission such fees as the Commission may prescribe.
SEC. 25. Issuance of Temporary/Special Permits. – Temporary/specialpermits shall he issued to the following upon proper application with the Board:
(a)
foreign geologists, recognized as experts in then-specific fields of
geology, called in by the Republic of the Philippines for consultation
or for specific design, installation or project: Provided, That their practice shall be confined to such work only;
(b)
foreign geologists who have distinguished themselves in their
respective fields of specialization, contracted as professors or
lecturers on geology subjects by Philippine schools, colleges,
institutes or universities on a direct hire or exchange basis, subject
to verification of credentials by the Board; or
(c) foreign geologists who are duly registered under bilateral or multilateral agreements where the Philippines is a signatory.
Provided, That all the above shall secure a temporary/special permit from the Board prior to arrival in the Country: Provided, further, That
the Department of Labor and Employment (DOLE) shall not issue an alien
employment permit to a foreigner who will practice a profession in the
Philippines unless he/she shall have been issued by the Board and
Commission a temporary/special permit pursuant to a resolution approved
by the foregoing bodies.
SEC. 26. Exemption from Licensure Examination. – A
graduate of Doctor of Philosophy (Ph.D.) in Geology or an equivalent
degree in any of the specialized branch of Geology from a duly
recognized university shall be exempted from taking the licensure
examination upon evaluation of the Board. He/She shall be required to
register in the same manner as those who will pass the licensure
examination.
SEC. 27. Refusal to Register. – The Board shall notregister any successful applicant for registration, with or without licensure examination, 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 Instruction 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 therefore and shall file a
copy thereof in its records.
SEC. 28. Revocation or Suspension of the Certificate of Registration and Cancellation of Temporary /Special Permit. – The
Board shall have the power, upon notice of hearing, to revoke or
suspend the certificate of registration of a registered geologist or to
cancel a temporary/special permit granted to a foreign geologist, for
any of the grounds or causes enumerated in Section 27 of this Act,
except in letter (c) thereof, and for any of the following grounds:
(a)
violation of a provision of this Act, its IRR, Code of Ethics, and Code
of Professional and Technical Standards for the practice of geology;
(b)
perpetration or use of fraud in obtaining his/her certificate of
registration, professional identification card, or temporary/special
permit;
(c) gross incompetence, negligence or ignorance resulting to death, injury or damage;
(d) any act of misrepresentation in connection with an alleged performance of geological activities;
(e) acts inimical to the geology profession;
(f) gross immorality;
(c) conviction by final judgment of any act involving moral turpitude;
(d)
aiding or abetting the illegal practice of a non-registered and
non-licensed geologist by allowing him/her to use his/her certificate of
registration and/or professional identification card, or his/her
temporary/special permit;
(e) illegally practicing the profession during his/her suspension from the practice thereof; and
(f)
clinically declared to be addicted to a drug or alcohol abuse impairing
his/her ability to practice his/her profession, or declared with an
unsound mind by a court of competent, jurisdiction.
Any person,
firm or association may file charges in accordance with the provision of
this section against any registrant, or the Board may investigate
violation of any of the abovementioned causes. An affidavit-complaint
shall be filed together with the affidavits of witnesses and other
documentary evidence with the Board through the Legal and Investigation
Office. The Board may motu proprio conduct an investigation
which 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 applicable provisions of this Act, Republic Act
No. 8981 and the Rules of Court.
SEC. 29. Reissuance of
Revoked Certificate of Registration and Replacement of Lost Certificate
of Registration and Professional Identification Card. – The Board
may, after two (2) years from the date of revocation of the certificate
of registration, reissue a certificate upon proper application.
A
new certificate of registration and professional identification card,
or temporary/special permit, which has been lost, destroyed or
mutilated, may be reissued after payment of the required fee prescribed
by the Commission.
ARTICLE IV
PRACTICE OF GEOLOGY
SEC. 30. Prohibition from Practicing Geology. – No
person shall practice geology or render geological service without a
valid certificate of registration and a valid professional
identification card or granted a temporary/special permit.
SEC. 31. Who May Practice Geology. – Except
as may be otherwise provided in this Act, only persons properly
licensed and registered may practice geology in the country. Duly
registered professional geologists may form partnerships among
themselves and use the title “Geologist” or “Registered Geologist” in
their partnership name.
SEC. 32. Vested Rights. – All
practicing geologists who are registered at the time of the passage of
this Act shall automatically be registered and issued certificates of
registration subject to existing rules and regulations.
SEC. 33. Foreign Reciprocity. – No
foreign geologist shall be granted any of the rights and privileges
under this Act unless the country of which he/she is a subject or
citizen grants the same or similar rights or privileges to Filipino
geologists.
SEC. 34. Indication of Certificate of Registration and Professional Tax Receipt. – A registered
geologist shall be required to indicate his/her certificate of
registration number, the duration of validity, including the
professional tax and the APO membership receipt number on the documents
he/she signs, uses or issues in connection with the practice of his/her
profession.
SEC. 35. Integration of the Geology Profession. –
The geology profession shall be integrated into one (1) national
professional organization of geologists that is duly registered with the
Securities and Exchange Commission (SEC). The Board, subject to
approval by the Commission, shall accredit the said organization as the
one and only integrated and APO of geologists. All geologists whose
names appear in the Registry Book of Geologists shall ipso facto or
automatically become members thereof and shall receive all the benefits
and privileges appurtenant thereto upon payment of APO membership fees
and dues.
Membership in the integrated APO shall not be a bar to membership in other geology organizations.
ARTICLE V
PENAL AND GENERAL PROVISIONS
SEC. 36. Penal Clause. – Any
person who shall practice geology in the Philippines, as denned in this
Act, without a certificate of registration in accordance with the
provisions of this Act, unless declared exempt from registration, or any
person presenting or using as his/her own the certificate of
registration of another, or any person who shall give any false or
forged evidence, or any person who shall impersonate any registrant of
like or different name, or any person who shall use a revoked or
suspended certificate of registration, or any person who shall assume,
use or advertise any title or description tending to convey the
impression that he/she is a geologist without having graduated as such,
or is engaged in geology practice, without holding a valid certificate
of registration from the Board shall, upon conviction, be sentenced to a
fine of not less than Ten thousand pesos (PhP 10,000.00) but not more
than One million pesos (PhP 1,000,000.00) or imprisonment of not less
than one (1) month but not more than five (5) years, or both, at the
discretion of the court.
SEC. 37. Act Not Affecting Other Professions. – This Act shall not affect or prevent the practice of any other legally recognized profession.
SEC. 38. Enforcement of the Act by the Officers of the Law. –
The Board shall be assisted by the Commission in carrying out the
provisions of this Act, its IRR and other policies. The lawyers of the
Commission shall act as prosecutors against illegal practitioners and
other violators of this Act and its rules. The duly constituted
authorities of government shall likewise assist the Board and the
Commission in enforcing the provisions of this Act and its rules.
SEC. 39. Implementing Rules and Regulations. –
Subject to the approval of the Commission, the Board, in consultation
with other related agencies, shall adopt and promulgate such IRR, the
Code of Ethics, and the Code of Professional and Technical Standards for
Geologists to carry out the provisions of this Act which shall be
effective within ninety (90) days from the constitution of the first
Board.
SEC. 40. Funding Provisions. – The Chairperson
of the Professional Regulation Commission shall immediately include in
its programs the implementation of this Act, the funding of which shall
be included in the annual General Appropriations Act.
SEC. 41. Transitory Provisions. –
(a) After the approval of this Act, all geologists possessing valid certificates of registration issued under Republic Act No. 4209
shall register with the Board and be issued certificates as geologists
under this Act to replace their original certificates of registration,
upon payment of the required fees.
(b) Faculty members currently
teaching major geology subjects in universities, colleges, institutes
or schools shall not be allowed to continue teaching after five (5)
years from the approval of this Act unless they are or they have become
registered geologists with valid certificates of registration and valid
professional identification cards.
(c) The incumbent chairman
and members of the Board shall continue to function as an interim Board
until such time as a new Board shall be constituted under this Act.
SEC. 42. Separability Clause. – If
any section or portion of this Act shall be declared unconstitutional
or invalid, such shall not invalidate any other section of this Act.
SEC. 43. Repealing Clause. – Republic
Act No. 4209 is hereby repealed. All other laws, parts of law, orders,
ordinances or regulations relative to the practice of geology which are
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SEC. 44. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) national newspapers of general circulation.
Approved,
Speaker of the House of
Representatives
President of the Senate
This
Act which is a consolidation of Senate Bill No. 2941 and House Bill No.
5640 was finally passed by the Senate and the House of Representatives
on September 19, 2011 and March 7, 2012 , respectively.
Secretary General
House of Representatives
Secretary of the Senate
Approved, JUNE 11, 2012
(Sgd.) BENIGNO S. AQUINO III
President of the Philippines