Amended law and legal basis
- Republic Act No. 9200 amends Republic Act No. 8560, the Philippine Geodetic Engineering Act of 1998.
- Republic Act No. 9200 modifies the amended provisions of R.A. No. 8560 on definitions, the Board’s powers and duties, registration and identification, disciplinary grounds and procedures, transitory rights, professional practice rules, implementing rules, and miscellaneous clauses.
Policy and purpose
- The law strengthens regulation of the practice of Geodetic Engineering by defining the scope of practice, requiring professional registration, authorizing the Board to supervise examinations and professional conduct, and setting disciplinary powers and time-bound transitory provisions.
Key definitions established
- “Practice of Geodetic Engineering” is a professional and organized act of gathering physical data on the surface of the earth using precision instruments, including scientific and methodical processing of such data and presenting results on graphs, plans, maps, charts or documents.
- The practice embraces professional services using surveying and mapping equipment (including graduated rods, measuring tapes, transits, levels, theodolites, fathometers/echosounders, electronic distance meters, global positioning systems, stereoplotters, and other precision instruments) to determine, among others, metes and bounds, positions of points, water depths, underwater configuration, ground elevation, gravity, isostacy, crustal movements, and the size and shape of the earth.
- “Geodetic Engineer” is a natural person issued a Certificate of Registration by the Board of Geodetic Engineering and who has taken the Oath of Profession of Geodetic Engineers.
Scope of practice and professional coverage
- The definition of Practice of Geodetic Engineering includes, among others:
- Professional geodetic engineering services using surveying and mapping equipment.
- Horizontal and vertical control surveys and political boundary surveys.
- Land surveys to determine metes and bounds and prepare plans for titling and other purposes.
- Subdivision, consolidation and/or consolidation-subdivision of titled properties.
- Submission of survey plans of subdivided, consolidated, and/or consolidated subdivision titled properties to the government agencies concerned, using the numbering system and projection prescribed by the government.
- Sketch, lot and location plans.
- Engineering surveys and technical preparation of engineering survey plans (including topographic, hydrographic, tidal, profile, cross-section, construction and boundary surveys).
- Parcellary surveys of lands traversed by infrastructure projects and preparation of subdivision plans.
- Gravimetric and photogrammetric surveys and technical preparation of such survey plans.
- Survey and mapping works such as preparation of geographic and/or land information systems.
- Survey to determine and establish line and grade for construction of buildings and other structures and related attachments.
- As-staked and as-built surveys for infrastructures.
- Mineral and mining surveys.
- Installation of machineries requiring precision instruments.
- Engagement in transfer of knowledge and technology of geodetic engineering in an institution of learning.
- Provision of consultancy services in geodetic engineering.
- The law requires that only duly registered Geodetic Engineers may organize, establish, or form firms, partnerships or associations for the practice of Geodetic Engineering under the rules of the Securities and Exchange Commission.
Board powers, duties, and administration
- The Board of Geodetic Engineering has specific powers, functions, duties and responsibilities that include:
- Promulgating and adopting rules and regulations necessary to carry out the Act.
- Supervising the examination, registration, licensure and practice of Professional Geodetic Engineering in the Philippines.
- Administering oaths connected to successful examinees entering the profession.
- Issuing the Certificate of Registration to successful examinees.
- Issuing, suspending or revoking the Certificate of Registration and professional identification card for practice.
- Adopting an official seal.
- Looking into conditions affecting the profession and adopting measures to enhance and maintain high professional and ethical standards.
- Ensuring, in coordination with CHED, compliance by educational institutions with CHED policies, standards and requirements in curriculum, faculty, library and facilities.
- Prescribing and/or adopting a Code of Ethical and Professional Standards for the profession.
- Hearing and trying administrative cases involving violations of the Act, its implementing rules and regulations, the Code of Ethics and Technical Standards, and issuing subpoena duces tecum and subpoena ad testificandum to secure witnesses and documents.
- Prescribing guidelines for the Continuing Professional Education (CPE) program in coordination with the integrated and accredited association for Geodetic Engineers.
- Preparing, adopting, issuing or amending the syllabi of subjects for the examination.
- Approving, issuing, limiting or revoking temporary license to practice Geodetic Engineering.
- Discharging other duties necessary for enhancing the profession and upgrading and developing geodetic engineering education in the Philippines.
Registration, licensing, and professional identification
- A Certificate of Registration is issued to applicants who pass the examination for Geodetic Engineers, subject to the payment of registration fees.
- A Certificate of Registration of a Geodetic Engineer bears the signatures of the Chairman of the Board and the Chairman of the Professional Regulation Commission and is stamped with the official seal of the Board.
- A professional identification card is issued to every registrant upon payment of the professional fees; it bears the registration number, date of issuance, expiry date, and is duly signed by the Chairman of the Board.
- No person may practice Geodetic Engineering in the Philippines unless the person has secured a license to practice in the manner provided; a license entitles practice with all privileges appurtenant thereto.
- A Geodetic Engineer must indicate the certificate of registration number, including the professional tax receipt number, on documents he signs, uses, or issues in connection with the practice of the profession.
Administrative discipline: grounds and appeal
- The Board may revoke or suspend the Certificate of Registration and professional identification card of a Geodetic Engineer, or cancel a temporary/special permit, upon due notice and hearing.
- Grounds include, among others:
- Use or perpetuation of fraud or deceit in obtaining a certificate of registration.
- Incompetence or negligence.
- Abatement of illegal practice of Geodetic Engineering.
- Violation of the provisions of the Act, its implementing rules and regulations, and/or violation of the Board’s policies including the Code of Ethics for Geodetic Engineers.
- The Board’s disciplinary action is subject to appeal to the Commission within fifteen (15) days from written notice.
Practice rights and organizational authority
- The practice of Geodetic Engineering is a professional service, and admission is determined based on an individual’s personal qualifications.
- The Geodetic Engineer is responsible for the correctness of professional work and is answerable therefor.
- Only duly Registered Geodetic Engineers may organize or establish firms, partnerships, or associations for practicing the profession, pursuant to Securities and Exchange Commission rules.
Transitory rules and time-bound upgrading
- The existing Board of Geodetic Engineering continues to function in the interim until the new Board is duly constituted pursuant to the Act.
- Examination for Junior Geodetic Engineers ceases upon the effectivity of the Act.
- Duly registered Junior Geodetic Engineers may continue to practice as such until their application for upgrading to Geodetic Engineer is acted upon, but no privilege continues beyond three (3) years from the Act’s effectivity.
- Practicing Geodetic Engineers registered at the time the Act takes effect are automatically registered.
- Incumbent Junior Geodetic Engineers are issued a certificate of registration and professional identification card without examination as Geodetic Engineers if they:
- Have been in active practice of geodetic engineering for at least three (3) years; and
- Are holders of degrees in Bachelor of Science in Geodetic Engineering, or degrees in Bachelor of Science in Civil Engineering, or are Associates in Geodetic Engineering or Associates in Surveying.
- Junior Geodetic Engineers who qualify for upgrading to Geodetic Engineer without examination must file their upgrading application within three (3) years from the Act’s effectivity.
- The three-year active practice period is computed from the date of actual exercise of the profession (as defined in the Act) up to the date of approval of the upgrading application.
- Qualified applicants must update knowledge through continuing professional education or appropriate distance learning, as prescribed by the Professional Regulation Commission upon recommendation of the recognized and accredited professional geodetic organization, within three (3) years upon approval of the upgrading application.
Implementing rules and administrative preparation
- The Board and the Professional Regulation Commission, in coordination with the accredited integrated national professional organization of Geodetic Engineering, issue implementing rules and regulations within ninety (90) days after the Act’s effectivity.
Separability, repeal, and conformity
- Separability clause: If any clause, provision, paragraph or part is declared unconstitutional or invalid, the judgment does not affect other parts, and the invalidity is confined to the clause, provision, paragraph or part involved in the controversy.
- Repealing clause: All other laws, decrees, executive orders, and other administrative issuances, and parts thereof, inconsistent with the Act are modified, superseded, or repealed accordingly.