Title
Regulation of Geodetic Engineering Practice
Law
Republic Act No. 4374
Decision Date
Jun 19, 1965
The Geodetic Engineering Law regulates the practice of geodetic engineering in the Philippines, establishing the Board of Examiners for Geodetic Engineers, defining the qualifications and duties of board members, and outlining examination and registration requirements for geodetic engineers.

Definition of Geodetic Engineer

  • A person legally and technically qualified under this Act to practice geodetic engineering.
  • The term "Geodetic Engineer" supersedes "surveyor".

Creation and Composition of the Board

  • Establishes a Board of Examiners for Geodetic Engineers composed of a Chairman and two Members.
  • Members appointed by the President with the Commission on Appointments' consent.
  • Members must be registered practicing geodetic engineers of recognized standing.
  • Qualifications for Board members are outlined in Section 5.
  • The previous Board of Examiners for Surveyors continues temporarily until the new Board is appointed.

Powers and Duties of the Board

  • Administers the Act, issues, suspends, or revokes registration certificates.
  • Administers oaths.
  • Studies conditions affecting geodetic engineering courses and profession.
  • Cooperates with the Department of Education on academic program standards.
  • Recommends opening of schools and courses in geodetic engineering.
  • Investigates violations, issues subpoenas, and petitions courts for enforcement.
  • May adopt measures to advance the profession and enforce the Act.

Qualifications of Board Members

  • Must be Filipino citizen and resident.
  • At least 31 years old and of good moral character.
  • Registered geodetic engineer with at least ten years active practice.
  • Not a current faculty member or financially interested in any geodetic engineering school.

Term of Office

  • Board members serve three-year terms.
  • Initial appointments staggered for Chairman (3 years), one member (2 years), and another member (1 year).
  • Vacancies filled only for unexpired term.
  • Members must take oath before office assumption.

Executive Officer and Secretary

  • Commissioner of Civil Service is executive officer and oversees examinations.
  • Secretary of the Board keeps all records, including exams and investigation documents.

Compensation of the Board

  • Members receive ten pesos per applicant examined and per registration certificate granted without exam.

Removal of Board Members

  • President may suspend or remove members for neglect, incompetence, irregularities, malpractice, or dishonorable conduct after due process.

Rules and Regulations

  • Board may promulgate necessary rules, regulations, and code of ethics with approval.
  • Penal provisions may include fines up to two hundred pesos or imprisonment up to six months.
  • Approved rules published in the Official Gazette.

Annual Report

  • Board submits an annual report to the President detailing activities and recommendations.

Prohibition on Unauthorized Practice

  • Only registered geodetic engineers may practice geodetic engineering or use the title.
  • Any use of title or practice without a valid certificate is prohibited.

Definition and Scope of Practice

  • Practice includes professional geodetic engineering services, surveying, preparing plans for land registration without supervision, and technical instruction.
  • Students/graduates performing supervised work for training are exempt.
  • Military and nautical schools exempt from educational supervision.

Examination Requirement

  • All applicants must undergo and pass a professional examination except as otherwise exempted.

Qualifications of Applicants

  • Must be at least 21 years old, Philippine citizen or qualified foreigner.
  • Must be in good health and of good moral character.
  • Holder of Bachelor of Science in Geodetic Engineering from government-recognized institution.
  • Curriculum includes thorough coverage of mathematics, physical sciences, laws relevant to natural resources, surveying, geodesy, photogrammetry, and cartography.
  • Transitional provision for holders of Associate in Surveying with field experience to take exam within three years.

Examination Administration

  • Exams held twice yearly, primarily in Manila or other approved place.
  • Overseen by the Board with Civil Service and Presidential approval.

Scope of Examination

  • Written tests on mathematics, surveying theory and problems, cartography, property law, geodesy, and other prescribed subjects.

Passing Criteria

  • Minimum average rating of 70% with no less than 50% in any subject.
  • Candidates partially passing may retake deficient subjects within two years.
  • Failure after second attempt requires retaking all subjects.

Reporting and Approval of Results

  • Board must report results within 120 days to the Commissioner of Civil Service.
  • Commissioner forwards results with recommendations to the President for approval.

Issuance of Certificates

  • Certificate issued upon passing exam and Presidential approval, after fee payment.
  • Transitional provision allows registrants without exam within two years if holding certain qualifications or experience.
  • Certificates bear registrant's name, serial number, Board signatures, Secretary attestation, and official seal.
  • Certificate evidences legal right to practice while valid.

Professional Oath

  • Registrants must take an oath before the Board or authorized official prior to practice.

Seal of Geodetic Engineers

  • Each registrant must obtain an authorized seal.
  • All plans and technical documents must be stamped with this seal.
  • Registrant responsible for the accuracy and propriety of sealed work.
  • Board regulates seal usage.

Fees

  • Examination fee: forty-five pesos.
  • Registration fee: ten pesos.
  • Registration without examination: fifty-five pesos.
  • Duplicate certificate: ten pesos.
  • Annual registration fee: two pesos, due April 30 each year.
  • Fees fund Board expenses and member compensation.

Refusal of Registration

  • Board refuses registration to persons convicted of crimes involving moral turpitude, of immoral/unethical behavior, or unsound mind.
  • Reasons must be given in writing and recorded.

Revocation and Suspension

  • Certificates may be revoked or suspended for grounds as in refusal, or for malpractice, unprofessional conduct, or fraud in obtaining certificate.

Appeal Process

  • Board decisions final after 30 days unless appealed.
  • Appeals first to Commissioner of Civil Service, then to the President of the Philippines; Presidential decision is final.

Reinstatement and Replacement of Certificates

  • Suspended certificates may be reinstated after two years.
  • Revoked certificates may be replaced upon payment and after two years.
  • Lost, destroyed, or mutilated certificates may be replaced under Board rules.

Prohibition of Corporate Practice

  • Practice is strictly individual and personal.
  • Firms, companies, partnerships, associations, or corporations cannot be registered.
  • However, a group of geodetic engineers may use the term "Geodetic Engineer" if majority are registered.
  • Individual members responsible for their acts.

Penal Provisions

  • Violations punishable by fines of 200 to 5,000 pesos, imprisonment from six months to six years, or both.
  • Offenses include practicing without certificate, fraudulent statements, use of another's certificate, use of revoked/suspended certificates, unauthorized use of title, unauthorized stamping/sealing, improper signing of documents, and other violations.

Enforcement

  • Law enforcement officers at all levels must enforce the Act and prosecute violations.
  • Secretary of Justice acts as legal adviser and provides assistance to the Board.

Foreign Reciprocity

  • Foreigners can only be admitted if their home country grants Filipinos similar rights under equivalent conditions.

Repealing Clause

  • Supersedes inconsistent laws, executive orders, rules, or regulations.

Separability Clause

  • Invalidity of any provision does not affect the rest of the Act.

Effectivity

  • Law takes effect immediately upon approval.

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