RA 10587: Environmental Planning Act of 2013

REPUBLIC ACT No. 10587
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

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

ARTICLE· I
GENERAL PROVISIONS

SECTION 1. Title. - This Act shall be known as the "Environmental Planning Act of 2013".

SEC. 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.

SEC. 3. Coverage of this Act. - This Act 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.

SEC. 4. Definition of Terms. -

(a) Environmental planning, also known as urban and regional planning, city planning, town and country planning, andlor 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 :Board of Environmental Planning and the Professional Regulation Commission.

(c) Accredited Professional Organization (APO) refers to the duly integrated and accredited professional organization of environmental planners, of which there shall be only one as prescribed by Republic Act No. 8981, the Comprehensive Professional Code, and in Section 32 of this Act.

SEC. 5. Scope of Practice. - The practice of environmental planning, within the meaning and intent of this Act, 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) Curriculum and syllabi development in licensure examinations for environmental planners and 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; conduct of hearings, competitions, exhibits and other public fora;

(e) Ensuring compliance with environmental laws including the acquisition of regulatory permits. The Professional Regulatory Board, subject to approval of the Professional Regulation 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 changes and new developments brought about by the latest trends in environmental planning; and

(f) Perform other acts or conduct other activities that may be determined by the Board, subject to approval by the Professional Regulation Commission in light of the trend of the practice of the profession.

ARTICLE II
PROFESSIONAL REGULATORY BOARD OF ENVIRONMENTAL PLANNING

SEC. 6. Professional Regulatory Board of Environmental Planning. - There is hereby created a Professional Regulatory Board of Environmental Planning, hereinafter referred to as the Board, which shall be composed of a Chairperson and two (2) Members under the administrative control and supervision of the Professional Regulation Commission, hereinafter referred to as the Commission. They shall be appointed by the
President of the Philippines from a list of three (3) recommendees for each position, ranked by the Commission from a list of five (5) nominees for each position, and- submitted by the APO of environmental planners.The new Board under this Act shall be constituted within six (6) months from the effectivity of this Act.

SEC. 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 this Act 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 oath of office before discharging the functions of their positions.

SEC. 8. Qualifications of Board Members.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 of sound mind;
(c) A holder of a Master's Degree in Environmental Planning or its equivalent;
(d) A registered and licensed enviromnental planner with a valid Certificate of Registration and a Professional
Identification Card and with 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 but not an officer or trustee thereof of the APO; and
(g) Not convicted by a court of competent jurisdiction of an offense involving moral turpitude.

SEC. 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 this Act;
(b) Supervise the registration, licensure and practice of environmental planning in the Philippines;
(c) Administer oaths in connection, with the implementation of this Act;
(d) Issue, suspend, revoke or reinstate 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) to ensure that all instruction and offering of environmental planning comply with the policies, standards and requirements 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 this Act and its rules and regulations, Code of Ethics, Code of Technical Standards, policies and measures and for this purpose issue subpoena and subpoena duces tecum to secure the appearance of witnesses and submission of the documents: and other evidences 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;
(1) 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 Republic Act No. 8981, otherwise known as the "Professional Regulation Commission (PRC) Modernization Act of 2000".

The policies, resolutions, bylaws 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 which are not interlocutory, rendered in an administrative case, shall be subject to review only on appeal.

SEC. 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.
SEC. 1l. Administrative Supervision of the Board,
Custodian of its Records, Secretariat and Support Services.
- The Board shall be under the administrative sllpervision
of the Commission. All records of the Board, including
applications for examinations, and 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 this Act.
SEC. 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 histher duty;
(b) Commission of any of the prohibited acts provided
in this Act and the offenses in the Revised Penal Code,
Republic Act No. 3019, otherwise known as the "Anti-Graft
and Corruption 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 Republic Act No. 898~, the Rules
on Administrative Investigation, and the applicable provisions
of the New Rules of Court.
SEC. 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 this Act.
ARTICLE III
EXAMINATION AND REGISTRATION
SEC. 14. Registration Required. - Upon the effectivity
of this Act, 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
Temporary/Special Permit.
SEC. 15. Examination Required. - Unless provided
otherwise under this Act, all applicants for registration for the
practice of environmental planning shall be required to pass
the professional licensure examination as herein provided,
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 every
year in such places and dates as the Commission may
designate in accordance with the provisions of Republic Act
No. 898l.
SEC. 16. Rating in the Licensure E=mination. - To pass
the licensure examination, each person must obtain a weighted
average of not less than seventy per centum (70%) and a
rating of not less than flfty per centum (50%) in any
examination subject.
SEC. 17. Subjects of Examination. - The licensure
examination for environmental planners shall include, but shall
not be limited to, the following:
(a) Hlstory, concepts, theories and prinClples of
environmental planning;
(b) Environmental planning process, methodsltechniques
and strategies; and
(c) Environmental plan implementation, legal aspects
and administration.
These subject areas and syllabi shall include topics and
subtopics in' accordance with the syllabi or tables of
specifications of subjects for licensure examinations by the
Board m consultation with the academe and the APO. The
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.
SEC. 18. Qualifications for Taking the E=mination.
Any person applying to take the licensure examination as herein provided shall establish to the satisfaction of the Board
that he/she has the following qualifications:
(a) A citizen of the Philippines or a for~ign citizen
whose country or State has a policy on reciprocity in the
practice of the profession;
(b) A holder of any of the following d~grees from
schools, colleges or universities duly recognized and accredited
by the CHED: . \.
1. A graduate in environmental planning, urban/city
and regional planning, or town and country planning or its
equivalent;
2. A Post-Graduate Diploma in Environment;al Planning,
city and regional planning or its equivalent, and with at least
one (1) year of on-the-job training as required herein;
3. A Bachelor's Degree in Environmental Planning, city
planning or urban and regional planning, or town and country
planning, or its equivalent, and with two (2) years of
on-the-job training as required herein;
4. A masters or doctorate degree in either architecture,
engineering, ecology, economics, geography, geology, public
administration, business administration, sociology, social
science, law, environmental science, envi:ronmental
management, development management, naturql resources
planning and development, and related discipline~ acceptable
to the Board, and with three (3) years of on-the-job training
as required herein: 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
this Act; .
5. A bachelor's degree in architecture, e~gineering, econohlics, public administration, law, social! work and
community development or sociology and other related
disciplines acceptable to the Board and with five '(5) years of
on-the-job training as required herein: 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 this Act; and
6. 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: Provided, That they are holders of
professional civil service ehgibility and they have undergone
at least eighty (80) hours of in-service training or distance
learning in developmental planmng 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 thIS Act.
(c) Of good moral character; and
(d) Not convicted of an offense involving moral turpitude
by a court of competent jurisdIction.
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 acceptable to the Board, which
is engaged or involved in environmental planning functions or
programs.
SEC. 19. Issuance of Certificate of Registration and
Professional Identification Card. - (a) A Certificate of
Registration shall be issued to those who are registered after
payment of fees prescribed by the CommIssion. It shall bear
the signatures of the Chairperson of the Commission and of
the Chairperson 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, .
the Certificate of Registration shall remain in full force and
effect.
(b) A Professional Identification Card bearIng the
registration number and its validity and expiry dates duly
signed by the Chairperson of the Commission shall likewise
be issued to every registrant who has paid the prescribed fees,
and has submitted a certificate of membership in good standing
from the APO. The said card shall be renewed every three (3) years upon mandatory proof of completion of ¢ontinuing
professional education. "
SEC. 20. Refusal to Register. - The Board, shall not
register 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 Gonduct by
the Board;
(c) adjudged guilty for violation of the General Irstructions
to Examinees by the Board; and '
(d) declared of unsound mind by a court of competent
jurisdiction.
In refusing such registration, the Board shail give' the
applicant a written statement setting forth the reasors therefor
and shall file a copy thereof in its records.' '
SEC. 21. Revocation or Suspension of the Certificate of
Registration and Cancellation of Temporary/Special Permit.
- The Board shall have the power, upon notice an,d hearing,
to revoke or suspend the Certificate of Registration of a
registered and licensed environmental planner or to cancel a
Temporary/Special Permit granted to a foreign environmental
planner, for the same grounds enumerated in Sedtion 20 of
this Act, except paragraph (c) hereof, and any of tM following
grounds: '
(a) Violation of any provision of this Act, Implementing
Rules and Regulations, Code of Ethics, Code OD Technical
Standards for the practice of environmental planning, and of
policies and regulatory measures of the Board and/or the
Commission, and Code of Good . .Governance; i
(b) Perpetration or use of fraud in obtaini~g his/he;
Certificate of Registration, Professional Identification Card;
Temporary/Special Permit;
(c) Gross incompetence, negligence or ignorance in the
conduct of the profession resulting to death, injury of persons
and/or damage to property;
(d) Unjustified refusal to join or to remam 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;
(1) 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
nonregistered and unlicensed environmental planner by, among
others, allowing him/her to use his/her Certificate of
Registration and/or Professional Identification Card or hislber
Temporary/Special Permit;
(h) Illegally practicing the profession during his/her
suspension from the practice thereof; and
(i) Addiction to a drug or alcohol abuse impairing
hislber ability to practice hislber profession or declared with
unsound mind by a court of competent jurisdiction;
The Board shall periodically evaluate the aforementioned
grounds and revise or add new ones as the need arises subject
to approval by the Commission in order to meet the trends
and developments in the profession.
SEC. 22. Filing of Charges. - Any person, firm or
association may file charges against any registrant in
accordance with the provisions of Section 21, or the Board may
investigate violations of any of the abovementioned provisions.
An affidavit-complaint shall be filed, together with the
affidavits of witnesses and other documentary evidence with ~
the Board through the Commission's Legal and Investigation
Office. The 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 applicable provisions of this Act, Republic Act No. 8981 and the Rules
of Court.
SEC. 23. Reissuance of Revoked Certificate of
Registration, Replacement of Lost or Damaged Certificate of
Registration, Professional Identification Card or
Temporary/Special 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 said certificate and/or the
Professional Identification Card to the Board a:nd/or the
Commission. The Board may not require the holdkr thereof
to take another licensure examination. The petitibner shall
prove to the Board that he/she has valid reasons to resume
the practice of hislher profession. For the grant of hislher
petition, the Board shall issue a Board Resolution subject to
approval by the Commission.
A duplicate copy of a lost Certificate of Registration,
Professional Identification Card or Temporary/Special Permit
may be reissued in accordance with rules thereon! and upon
payment of the prescribed fee therefor. : ,
ARTICLE IV
PRACTICE OF ENVIRONMENTAL PLANNING
SEC. 24. Vested Rights - Licensed Environmental
Planners Registered When This Law is Passed. - All
environmental planners who are already duly regi~tered with
the Board under Presidential Decree No. 1308 and are holders
of valid Professional Identification Cards iss~ed by the
Commission, and who are in good standing with the APO of
environmental planners at the effectivity of this Act shall be
deemed automatically registered under this Act.
Certificates of Registration and valid Professional
Identification Cards held by such persol)S in-zood standing shall
have the same force and effect as though issued after the
passage of this Act.
SEC. 25. Consulting Firms, Partnerships, C¢rporations,
Associations and Foundations Engaged in Environmental
Planning Practice. - A consulting firm, partnership, corporation, association or foundation 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 or
association 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.
SEC. 26. Use of Seal. - All registered and licensed
environmental planners shall obtain 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 direct supervision of a registered and licensed
environmental planner shan be stamped with the said seal
during the life of the registrant's certificate, and it shan be
unlawful for anyone to stamp or seal any document with the
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.
SEC. 27. Continuing Professional Education. - The
Board, in consultation with the academe and the APO, shall
prescribe guidelines in the implementation of its Continuing
Professional Education (CPE) programs, subject to the approval
of the Commission.
SEC. 28. Foreign Reciprocity. - A foreign citizen may
be allowed to take the licensure examination and may be given
a Certificate of Registration and Professional Identi.fi.cation Card
if helshe can prove that the country or State of which helshe
is a subject or citizen allows a Filipino environmental planner
to practice hislher profession within its territorial limits on the same basis as the subjects or citizens of such foreign State
or country.
SEC. 29. 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 Republic Act No. 8981, otherwise known as the "Professional
Regulation Commission (PRC) Modernization Act of 2000":
Provided, That any foreign national who has gained entry in
the Philippines to perform professional services as an
environmental planner or render such services or prepare or
produce such documents as are within the scope of practice
of environmental planners as set forth in this Act, 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 histher profession is specifically called
in histher 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
Temporary/Special Permit from the Board, subject to the
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, That the following conditions are satisfied:
(a) That helshe is a citizen or subject or a country
which specifically permits Filipino professionals to practice
their profession within the territorial limits on the, same basis
as the subjects or citizens of such foreign count~y or State;
(b) That he/she is legally qualified to practice
environmental planning in histher 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, and professional services fees
and expenses of documentation pertaining to the project shall
be proportionately shared by both foreign and Filipino environmental planners, including liabilities and taxes due to
the Philippine government, if any, relative to hislher
participation therein, or professional services rendered to the
project in accordance with established rules and regulations;
and
(d) That helshe 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.
SEC. 30. Information Required on Plans. - The
environmental planner shall be required to indicate hislher
Certificate of Registration (CR), and/or PRC Identification Card,
APO Certificate of Membership and Professional Tax Receipt
(PTR) numbers, date and place of issuance and expiry on all
plans and other documents signed by himlher.
SEC. 31. Unlawful Practices Under this Act. - It shall
be unlawful for any person or group of persons to:
(a) offer or render planning services as defined in
Section 4 or within the scope of Section 5 of this Act when
helshe is not a registered and licensed environmental planner;
(b) cause, induce, encourage or coerce the preparation
of or implementation any plan that is not signed by a
registered and licensed environmental planner, when such plan
is so required by this Act 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 hislher explicit and written consent; and
(d) sign hislher name, affix hislher seal or use any other
method of signature on plans, specifications or other documents
not actually prepared by himlber.
SEC. 32. Accredited Professional Organ-ization (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 by the Commission, shall accredit the said
organization as the one and only accredited national
organization of registered and licensed environmental planners.
All environmental planners whose names appear in the
Registry Book of Environmental Planners shall automatically
become members thereof and shall receive thereto all the
benefits and privileges upon payment of APO membership fees
and dues. Membership in other organizations of environmental
planners shall not be barred.
ARTICLE V
ENFORCEMENT OF THIS ACT AND
PENAL PROVISIONS
SEC. 33. Enforcement by Government Officials and
Officers of the Law. - It shall be the duty of all government
officials and duly constituted law officers of the national,
provincial, city or municipal government to assist the Board
and the Commission in enforcing the provisions, of this Act
and to cause the prosecution of any person violating the same.
SEC. 34. Positions in Government with Environmental
Planning Functions. - The Civil Service Commission (CSC)
shall create positions and set qualification standards for
environmental planners at various levels in government service,
including government-owned and -controlled corporations and
other entities. Mter the lapse of five (5) years from the
effectivity of this Act, only registered an'd licensed
environmental planne~s shall be appointed to the position of
heads and assistant heads of groups, departments, divisions
in government offices, agencies, bureaus or instrumentalities
_thOLe_of, 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.
SEC. 35. 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.
SEC. 36. Penal Provisions. - Any person committing
any of the unlawful practices under Section 31 hereof and/or
any of the fgllowing 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 (phplOO,OOO.OO) nor more than Five hundred
thousand pesos (Php500,OOO.OO), 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 this Act;
(b) Presenting or attempting to use as hislher OWI.\ th~ ..
Certificate of Registration and/or Professional Identification
Card of another registered and licensed environmental planner;
or a holder of a Temporary/Special Permit;
(c) Giving any false, forged or tampered evidence of any
kind to the Board, or impersonating any registered and licensed environmental planner or a natural person who is a
holder of a Temporary/Special Permit;
(d) Using a revoked or suspended Certificate of
Registrati{)n or an expired or unrenewed Professional
Identification Card or Temporary/Special Permit;.
(e) Using in connection with hislher 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 without holding a valid
Certificate of Registration and Professional Identification Card
or a valid Temporary/Special Permit;
(I) 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 this Act and the
rules and regulations thereof.
Any Filipino employer who hires foreign practitioners
without obtaining a special permit for the latter shall also be
held liable under this Act.
In case the offender is a corporation, partnership,
association, foundation or juridical person, th~ penalty .of
imprisonment shall be imposed on the registered 'and licensed
environmentel planner-in-charge jointly and solidarily with the
responsible professionals, as well as the controllfug officer or
officers thereof responsible for permitting or causing the
violation.
ARTICLE VI
TRANSITORY PROVISlONS
SEC. 37. Transitory Provision§., cc _. __
(a) Within a period of three (3) years from the effectivity
of this Act, 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 this Act without need for new
appointments as Chairperson and Members thereof until the
first Board, created under this Act, shall have been constituted
or organized pursuant thereto.
ARTICLE VII
FINAL PROVISIONS
SEC. 38. Appropriations. - The Chairperson of the
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 and
thereafter.
SEC. 39. Act Not Affecting Other Professions. - This
Act shall not affect or prevent the practice of any other
legally-recognized profession.
SEC. 40. Implementing Rules and Regulations. - The
Board, subject to approval of the Commission, shall prescribe,
promulgate and issue the implementing rules and regulations
of this Act, after consultation with the APO, other agencies
and concerned private organizations, within one hundred
twenty (120) days from the constitution of the Board.
SEC. 41. Separability Clause. - If any part or section
of this Act shall be declared unconstitutional, such declaration
shall not invalidate the other provisions hereof.
SEC. 42. Repealing Clause. - Presidential Decree
No. 1308 is hereby repealed. All other laws, orders, rules and
regulations or resolutions or parts thereof inconsistent with the
provisions of this Act are hereby repealed or amended
accordingly.
SEC. 43. Effectivity. - This Act shall take effect fllteen
(15) days following its publication in the Official Gazette or
in two (2) newspapers of general circulation in the Philippines.


This Act which is a consolidation of Senate Bill No. 3138
and House Bill No. 4692 was finally passed by the Senate and
the House of Representatives on February 4, 2013 and
February 5, 2013, respectively.

Approved: May 27, 2013

Posted in: EnP Law,EnP Physical Planning,Environmental Laws