Rules for Implementing RA 8560: Geodetic Eng'g

Legal basis, coverage purpose

The resolution is issued pursuant to Section 27, Article VI of R.A. No. 8560.
The rules prescribe procedures for carrying out the provisions of R.A. No. 8560 to ensure:
- the conduct of licensure examinations for Geodetic Engineering and the issuance of Certificates of Registration and Professional Licenses; and
- regulation of the practice of the profession in the Philippines to elevate standards (Section 2).
The resolution requires licensure examination as the gateway into practice unless an express exemption applies under R.A. No. 8560 (Section 15).
Administrative investigation and proceedings follow the Rules and Regulations Governing the Regulation and Practice of Professionals, as amended, issued by the Commission, with the Revised Rules of Court as suppletory (Section 38).

Core definitions for professional practice

“Commission” means the Professional Regulation Commission (PRC) created under P.D. No. 223 as amended (Section 3).
“Board” means the Board of Geodetic Engineering (Section 3).
“Geodetic Engineer” means a natural person issued a Certificate of Registration and Professional License by the Board and the Commission (Section 3).
“Junior Geodetic Engineer” means a natural person registered and issued a Certificate of Registration and Professional License as Junior Geodetic Engineer under R.A. No. 4374, as amended (Section 3).
“Practice of Geodetic Engineering” means gathering physical data on the surface of the earth using precision instruments, processing the data scientifically and methodically, and presenting them on graphs, plans, maps, charts or documents; it includes the enumerated activities in Section 3 (a)(19), including professional surveying and mapping services, control surveys, land surveys for titling, subdivision/consolidation survey work, submission of survey plans to government agencies, engineering surveys and plan preparation, gravimetric and photogrammetric surveys, GIS mapping work, line and grade surveys for construction, as-staked and as-built surveys, mineral and mining surveys, installation of machineries requiring precision surveying instruments, and transfer of knowledge and technology in an institution of learning (Section 3 and Section 47).
“Certificate of Registration” is the document issued by the Board and the Commission after passing the licensure examination and compliance with other requirements (Section 3).
“Professional License” is the document issued after payment of the annual license fees and compliance with CPE requirements (Section 3).
“Continuing Professional Education (CPE)” refers to inculcating, assimilating and acquiring knowledge, skills, and proficiency beyond entry level, including ethical and moral values, to raise professional competence and standards (Section 3).
“Syllabi” are tables of specifications arranged by topics and sub-topics that govern the preparation of test questions within the scope of subjects (Section 3).
“Integration” means unification of all registered and licensed geodetic engineers into one national organization recognized and accredited by the Board and the Commission (Section 3).

Board composition and decision rules

A Board of Geodetic Engineering is created to be composed of a Chairman and two (2) Members, appointed by the President of the Philippines from a list of three (3) recommendees for each position chosen, ranked, and submitted by the duly integrated and accredited association of geodetic engineers (Section 4).
The Board acts as a collegial body; official action (except administrative cases) is effective only when approved by the Commission (Section 5).
The Board holds regular meetings at least once a month within the Commission’s premises or other places agreed upon by the Board and approved by the Commission; special meetings may be called by the Chairman or any two (2) members (Section 6).
The Chairman presides, and the senior member presides in the absence or incapacity of the Chairman (Section 6).
The Chairman assigns subjects equitably for examinations, assigns members to conduct investigations of administrative cases and exercise visitorial powers, supervises and manages their work, and serves as the official spokesman of the Board in the Commission (Section 7).
The Board is assisted by the Commission for enforcement and execution of its powers; it may request assistance of law enforcement officers to enforce penal provisions (Section 8).
For decisions or orders/resolutions that are dispositive in administrative cases and for rules/resolutions embodying policies and other implementation issuances, the Board must deliberate en banc; quorum requires presence of two (2) members, and validity requires a majority vote—votes of two members (Section 9).
Administrative case actions that are not dispositive in nature may be entered by the Chairman or an authorized member (Section 9).
Board official actions (except dispositive administrative cases) are valid and enforceable only upon approval by the Commission (Section 9).
Resolutions issued by the Board and approved by the Commission that implement and enforce the law or regulate the public become effective only upon publication in the Official Gazette or a newspaper of general circulation (Section 9).

Examination, passing, and exam administration

Licensure examination is required for all persons seeking to register and practice as Geodetic Engineers unless expressly exempted by R.A. No. 8560 (Section 15).
Applicants must file a computerized application form provided by the Commission free of charge, duly accomplished, in the Commission’s Application Division in regional offices designated as testing centers, accompanied by authentic or authenticated copies of required documents (Section 16).
A Filipino citizen who graduated with a Bachelor’s degree in Geodetic Engineering from a foreign education institution must present all endorsement from the Commission on Higher Education (CHED) to be allowed to take the licensure examination (Section 16).
All applicants must take and pass the Geodetic Engineering licensure examination for admission to the practice (Section 17).
Qualifications required for every applicant are:
- Philippine citizenship;
- graduation of Bachelor of Science in Geodetic Engineering in a school duly recognized by CHED;
- good moral character; and
- physical and mental health (Section 18).
The licensure examination covers subjects with the following relative weights:
- Rules and Regulations (Public Land Laws, Laws on Property, Laws on Natural Resources, Land Registration Laws, Land Reform Laws, Laws on Obligation and Contracts, Professional and Ethical Practice, Rules and Regulations Governing Land Surveying) — 20%;
- Mathematics (Algebra, Solid Geometry, Analytical Geometry, Engineering Economics, Plane and Spherical Trigonometry Differential and Integral Calculus Mechanics) — 20%;
- Theory and Practice Surveying (Property Surveying, Isolated, Mineral and Mining Surveys, Cadastral Land Surveying, Astronomy, Route Surveys and Earthworks, Hydrographic and Topographic Surveying, Photogrammetry, Engineering Surveys and Construction Surveying) — 20%;
- Geodesy (Geodetic Surveying, Geodetic Astronomy, Geodetic Triangulation, Geodetic Leveling, Gravity Measurement, Least Squares) — 20%; and
- Cartography (Plotting and Mapping of Isolated, Mineral, Cadastral, Hydrographic, Photogrammetric Surveys and Map Projection, Map Projection) — 20% (Section 19).
The Board may amend the subjects and syllabi to conform with technological changes and modern trends (Section 19).
The examination is held at least two (2) times a year in the City of Manila and in other places determined by the Board and approved by the Commission; places and dates are included in the Commission’s annual Schedule of Professional Licensure Examination (Section 20).
For each scheduled examination, the Board must prepare and issue a program not later than twenty (20) days prior to the first day of the examination, stating subjects with their percentage weights, time, date, place, instructions to examinees, and the names and signatures of the Chairman and members (Section 21).
Exam dates, time and venues are published in a newspaper of general circulation as far as practicable; copies of the program must be furnished to geodetic engineering colleges and universities at least two (2) months prior to the first day of examination (Section 22).
To pass, a candidate must obtain a weighted general average of seventy percent (70%), with no grade lower than fifty-five percent (55%) in any subject (Section 23).
If an examinee achieves a weighted general average of at least seventy percent (70%) but gets below fifty-five percent (55%) in any subject, the examinee must take an exam only in the subject(s) where the grade is below fifty-five percent (55%) within one (1) year from the last examination; if the examinee fails to reach fifty-five percent (55%) in each re-examined subject, the examinee is considered to have failed in both examinations, but it is deemed as one failure for purposes of subsequent rules (Section 24).
An applicant who fails to pass the examination for the third time may take another examination only after one (1) year from the last examination taken (Section 25).
The Board submits to the Commission each candidate’s rating within twenty (20) days after the examination unless extended for just cause (Section 26).
After release of results, each examinee’s rating is mailed to the examinee’s given address using the mailing envelope submitted during the examination (Section 26).
Successful candidates must take the oath of a professional before the Board or any government official or person authorized by law to administer oaths prior to entering practice (Section 27).
Licensure examinations are fully computerized: Board members assigned to a subject prepare at least five hundred (500) questions in the assigned subject; questions are stored in an item bank and extracted at random; the item bank is replenished within sixty (60) days from release of results with at least three hundred (300) questions after each examination until the bank reaches two thousand (2000) questions, after which replenishment equals the number extracted; correction is done by computers (Section 28).
The Board formulates and adopts syllabi for each licensure subject, and test questions prepared and encoded in computers must be within the scope of the syllabi (Section 14).

Registration, license validity, renewal, and reinstatement

Examinees who pass the licensure examination are registered after taking the professional oath and paying required fees, unless deferment is specifically justified by the Board and the Commission (Section 29).
Upon compliance with registration requirements, the Board enters the Geodetic Engineer’s name and signature in the Roll of Geodetic Engineers and issues a certificate of registration and professional license (Section 30).
The Certificate of Registration for a professional Geodetic Engineer bears the signatures of the Chairman of the Board and the Chairman of the Professional Regulation Commission, and is stamped with the Board’s official seal indicating the person is a registered Geodetic Engineer (Section 30).
A professional license bearing the registration number, date of issuance, expiry date, and duly signed by the Chairman of the Board and Chairman of the Commission is issued upon payment of professional fees (Section 30).
A professional license is valid for three (3) years and is renewed every three (3) years on the geodetic engineer’s birth month upon presentation of required CPE credit units (unless exempt) and payment of license fees for the period of the license (Section 31).
When deferment conditions are complied with, the successful examinee may register as Geodetic Engineer after taking the professional oath and paying required fees (Section 32).
Practicing Geodetic Engineers registered at the time R.A. No. 8560 took effect are automatically registered without payment of registration fees and may continue practicing if their licenses have not expired (Section 33).
Geodetic Engineers registered under R.A. No. 4374, as amended who are delinquent in license-fee payment at the time R.A. No. 8560 took effect are also automatically registered only upon payment of delinquent license fees including penalties/surcharges, and they may continue practicing only upon issuance of their renewed professional license (Section 33).
A Geodetic Engineer who is delinquent in paying annual license fees for five (5) consecutive years or more is dropped from the Roll of Geodetic Engineers after due process for not being in good standing, and may be reinstated only upon application and payment of delinquent license fees, surcharge, and the registration fee without examination (Section 34).
Upon registration, each registrant obtains a Geodetic Engineer seal design adopted by the Board; the present design continues to be used until a new design is approved (Section 36).

Seal, license indication, and stamping requirements

The Board adopts an official seal (Section 35).
Each registrant’s plans and specifications prepared by or under the direct supervision of a registered Geodetic Engineer must be stamped with the registrant’s seal during the validity of the professional license (Section 36).
Geodetic Engineers must indicate their professional license number, expiry date of license, and the number of the privilege tax receipt on documents they sign, use, or issue in connection with practice (Section 37).

Administrative investigations, suspension/revocation grounds

The Board conducts investigations of cases filed by aggrieved parties against registered Geodetic Engineers with assistance of the Commission’s legal/hearing officers under the Commission’s Rules and Regulations Governing the Regulation and Practice of Professionals, as amended; the Revised Rules of Court apply suppletorily (Section 38).
After due notice and hearing, the Board may suspend or revoke the certificate of registration and license of a registered Geodetic Engineer, or the registration certificate or temporary/special permit issued to foreign professionals allowed by law to practice in the Philippines, on grounds including:
- fraud or deceit in obtaining a certificate of registration;
- incompetence;
- negligence;
- abetment of illegal practice of Geodetic Engineering;
- certificate of registration obtained through misrepresentation in the application for examination;
- violation of R.A. No. 8560;
- violation of the rules and regulations implementing R.A. No. 8560;
- violation of Board policies; and
- violation of the Code of Ethics for Geodetic Engineers (Section 39).

Prohibitions and criminal penalties

No person may practice Geodetic Engineering in the Philippines unless licensed in the manner provided in R.A. No. 8560 (Section 42(a)).
No person may stamp or seal documents with the seal of a registrant after the professional license has expired or lost validity unless reinstated and/or unless renewed (Section 42(b)).
Government officers or employees charged with enforcement relating to Geodetic Engineering practices may not accept or endorse survey plans or documents not prepared and submitted fully in accord with R.A. No. 8560, and may not approve any payment for work whose plans/documents were not prepared, signed, and sealed by a duly licensed Geodetic Engineer (Section 42(c)).
No Geodetic Engineer may sign his name, affix his seal, or use any other method of signature on plans/specifications/documents made by or under another Geodetic Engineer’s supervision unless the manner clearly indicates the part of work actually performed by him; no person other than the Geodetic Engineer in charge may sign for any branch of work or function not actually performed by him (Section 42(d)).
No other person or government entity may go over the work of the Geodetic Engineer unless the work is found grossly defective, in connection with other works; an investigation committee is then created and commissioned by the Professional Regulation Commission (Section 42(e)).
No firm, company, partnership, association or corporation may be registered or licensed as such for the practice of Geodetic Engineering (Section 42(f)).
The Commission, through hearing officers, investigates complaints under oath on violations of the penal or prohibitory provisions of R.A. No. 8560; if evidence warrants, the Commission forwards the records to the office of the city or provincial prosecutor (Section 43).
The Commission may also refer the case to the Board for hearing with the assistance of the hearing/legal officers of the Commission if the offender is also liable for administrative sanctions (Section 43).
Upon conviction, a person who violates R.A. No. 8560 is penalized with a fine of not less than PHP 50,000 and not more than PHP 200,000, or imprisonment of not less than six (6) months and not more than six (6) years, or both, at the discretion of the court (Section 44).

Integration of geodetic engineers

All registered Geodetic Engineers under R.A. No. 4374 are integrated into one national organization of Geodetic Engineers accredited by the Board and the Commission as the one and only accredited association (Section 45).
On registration with the Board, every professional Geodetic Engineer automatically becomes a member of the accredited integrated association without prejudice to membership in other associations (Section 45).
Geodetic Engineers registered with the Board who are not members of the accredited integrated association at the time R.A. No. 8560 takes effect may register as members within three (3) years after the effectivity of the Act (Section 45).

Foreign professional registration framework

The Commission’s “Guidelines for the Registration of Foreign Professionals Allowed by the Laws to Practice the Regulated Professions in the Philippines,” as amended, promulgated on January 20, 1998 applies to foreign geodetic engineers allowed by law to practice in the Philippines (Section 41).
The Board issues rules and regulations providing the procedure for registration with or without examination and/or issuance of temporary or special permits to foreigners or foreign professionals allowed by the various laws (Section 41).

School performance monitoring and reporting

The Board, with assistance of the Commission’s Public Information and Statistics Section, prepares a report on school performance in licensure examinations (Section 40).
Through the Commission, the Board recommends to CHED:
- monitoring of schools where successful examinees in three (3) consecutive exams are less than five percent (5%) of total candidates;
- publication of names of schools where successful examinees in five (5) successive exams are less than five percent (5%) of total examinees in each exam; and
- closure of the course/program (Section 40).

Professional obligations: teaching and CPE

Engagement in transferring the knowledge and technology of geodetic engineering in any institution is practice of geodetic engineering; only registered and licensed Geodetic Engineers may teach geodetic engineering subjects covered by the licensure examination (Section 47).
The Board may prescribe guidelines for implementing its Continuing Professional Education programs subject to approval of the Commission (Section 48).

Transitory provisions for junior engineers

The existing Board of Geodetic Engineering continues to function in the interim until a new Board is constituted under R.A. No. 8560 (Section 49).
No licensure examination for Junior Geodetic Engineers is given and administered by the present and incoming Board after the effectivity of R.A. No. 8560 (Section 50).
Incumbent Junior Geodetic Engineers may continue to practice as Junior Geodetic Engineers for five (5) years from R.A. No. 8560’s effectivity, limited to these acts:
- executing original surveys of residential, industrial, commercial or agricultural land not exceeding three (3) lots with aggregate area not exceeding one hectare;
- executing subdivision surveys of simple subdivision, or consolidation-subdivision not exceeding three (3) lots with aggregate area not exceeding one hectare;
- conducting topographic and hydrographic surveys of areas not exceeding five hectares each; and
- preparing and signing location plan (LP), special plan (SP), and survey plan required under the listed paragraphs (Section 51).
Junior Geodetic Engineers may not survey lands or areas adjoining those covered above within one year after execution or approval of the plans by the same junior geodetic engineer (Section 51).
Subdivision plans under the simple subdivision/consolidation-subdivision paragraph may not be further subdivided by the same junior geodetic engineer within one year after approval (Section 51).
Junior Geodetic Engineers working under the supervision of geodetic engineers in government or private firms or partnerships may execute land surveys or phases thereof free from the limitations, but the junior geodetic engineer must sign only the field notes while the corresponding survey plan is signed by a geodetic engineer (Section 51).
Junior Geodetic Engineers have the same five (5) years from the effectivity of R.A. No. 8560 to finish the Bachelor of Science in Geodetic Engineering course to qualify to take the Geodetic Engineer Licensure Examination (Section 51).

Separability and implementation safeguards

If any section, paragraph, provision, clause, or part is declared unconstitutional or invalid, the judgment does not affect other parts and is confined to the provision directly involved (Section 52).
The resolution’s effectivity is thirty (30) days from publication in full in the Official Gazette or in a newspaper of general circulation whichever comes earlier (Section 53).