please read
patrick jerome guasa
Emmanuel Ikan Astillero
this was posted. please follow the link and read. this will make your week!
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EnP. Armando ALLI
THE REGULATORY REGIME OF PHILIPPINE (STATE-REGULATED) PROFESSIONAL ENVIRONMENTAL PLANNING (EP) PRACTICE.
Please below and find attached the laws, regulations and standards governing the State-regulated professional practice of environmental planning (EP) on Philippine (PH) soil, viz:
0) The 1987 PH Constitution;
1) Republic Act (R.A.) No. 8981 of 2000;
1a) 2001 implementing rules and regulations (IRR) of R.A. No. 8981;
2a) R.A. No. 10587 of 2013;
2b) 2014 IRR of R.A. No. 10587;
3) Panunumpa ng Propesyonal (Professional’s Oath);
4) 2015 Code of Ethics for Environmental Planners (EnPs) in the PH;
5a) 1996 PIEP Amended Articles of Incorporation (AAoI);
5b) 2005 PIEP Amended By-Laws (ABL);
6a) PIEP Code of Ethics (Oath);
6b) Oath of PIEP Office; and
6c) Panata Bilang Kagawad ng PIEP (PIEP Member’s Oath).
FYI only. Thank You All.
Regards,
venecio codia
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EnP. Armando ALLI
SOME PHILIPPINE LAWS THAT MAY BE USED TO SCRUTINIZE THE ACTIONS OF PROFESSIONAL ENVIRONMENTAL PLANNERS (EnPs) IN ACTIVE GOVERNMENT SERVICE (INCLUDING EnPs IN OFFICIAL CAPACITIES/POSITIONS THAT MAY OR MAY NOT BE DIRECTLY RELATED TO ENVIRONMENTAL PLANNING WORK e.g. for PIs, GOCCs, GFIs, and the like)
Please find below some laws, regulations and standards governing the actions of State-regulated professional Environmental Planners (EnPs) in the service of the Philippine (PH) Government and its people i.e. including official capacities/positions that may or may not be directly related to environmental planning work, e.g. for public instrumentalities (PIs), Government-Owned and Controlled Corporations (GOCCs), Government Financing Institutions (GFIs), and the like, viz:
1) Republic Act (R.A.) No. 3019, The Anti-Graft and Corrupt Practices Act of 1960, as amended by R.A. No. 3047 of 1961 and P.D. No. 677 of 1975 and its implementing rules and regulations (IRR), initially c/o link: https://www.officialgazette.gov.ph/1960/08/17/republic-act-no-3019/;
2) Executive Order (E.O.) No. 292, series of 1987, The Administrative Code of 1987, initially c/o link: https://www.officialgazette.gov.ph/1987/07/25/executive-order-no-292-s-1987/;
3) R.A. No. 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees of 1989, and its IRR, initially c/o link: https://www.officialgazette.gov.ph/1989/02/20/republic-act-no-06713/;
4) R.A. No. 7160, Local Government Code of 1991, initially c/o link: https://www.officialgazette.gov.ph/1991/10/10/republic-act-no-7160/;
5) R.A. No. 9485, the Anti-Red Tape Act (ARTA) of 2007, as amended by R.A. No. 11032, The Ease of Doing Business and Efficient Government Service Delivery Act of 2018, initially c/o link: https://www.officialgazette.gov.ph/2007/06/02/republic-act-no-9485/;
6) R.A. No. 6770, The Ombudsman Act of 1989, initially c/o link: https://www.ombudsman.gov.ph/docs/republicacts/Republic_Act_No_6770.pdf; reference P.D. No. 1487 of 1978 and P.D. No.1630 of 1979 on the former Tanodbayan;
7) P.D. No. 1606, the Sandiganbayan Charter of 1978, as amended by R.A. Nos. 7975 of 1995, 8249 of 1997, and 10660 of 2015, initially c/o link: https://www.doj.gov.ph/files/1606.pdf;
8) Sandiganbayan decisions, initially c/o link: https://www.ombudsman.gov.ph/press-release/; and
9) Jurisprudence (by the Supreme Court), initially c/o link: https://sc.judiciary.gov.ph/decisions/; and
10) Environmental Ombudsman, c/o link: https://www.ombudsman.gov.ph/docs/investmentOmbudsman/EnviTeam.pdf.
Please help improve the above list and links. Thank You. Regards to everyone.
x x x x x x x x x
EnP. Armando ALLI
SOME MORE VALID AND SUBSISTING LAWS AND THEIR STREAMS OF REGULATIONS/SOR (i.e. which may be NON-technical in nature), BUT THAT ENPs MAY ALSO HAVE TO PERIODICALLY WATCH OUT FOR (in their respective professional practices, whether in the private or public sector):
1) R.A. No. 10173, the Data Privacy Act of 2012, at link: https://www.officialgazette.gov.ph/2012/08/15/republic-act-no-10173/;
2) R.A. No. 8792, the Electronic Commerce Act of 2000, at link: https://www.officialgazette.gov.ph/2000/06/14/republic-act-no-8792-s-2000/;
3) R.A. No. 8293, the Intellectual Property Code (IPC) of 1997, as amended by R.A. No. 10372 of 2013, initially at link: https://www.officialgazette.gov.ph/1997/06/06/republic-act-no-8293/;
4) R.A. No. 8791, The General Banking Law of 2000, at link: https://www.officialgazette.gov.ph/2000/05/23/republic-act-no-8791/;
5) R.A. No. 11232, The Revised Corporation Code of the Philippines of 2019, at link: https://www.sec.gov.ph/wp-content/uploads/2021/06/2021RCC_REVISED-CORPORATION-CODE_as-of-June-102021.pdf;
6) P.D. No. 612, as amended by R.A. No. 10607, The Insurance Code, at link: https://www.officialgazette.gov.ph/2013/08/15/republic-act-no-10607/;
7) Other Investment Laws, e.g. R.A. No. 6957, as amended by R.A. No. 7718, the BOT law, at link: https://www.officialgazette.gov.ph/1990/07/09/republic-act-no-6957/; and at link: https://www.officialgazette.gov.ph/1994/05/05/republic-act-no-7718/; R.A. No. 5186 of 1967, BOT law; R.A. No. 7042 of 1991, Foreign Investments Act, as amended by R.A. Nos. 8179 of 1996 and 11647 of 2022; etc.;
8) R.A. No. 7916, The Special Economic Zone Act of 1995, as amended by R.A. No. 8748 of 1999, initially at link: https://www.officialgazette.gov.ph/1995/02/24/republic-act-no-7916/;
9) R.A. No. 9183 of 2003, the Government Procurement Reform Act (GPRA), at link: https://www.officialgazette.gov.ph/2003/01/10/republic-act-no-9184/;
10) Other Professional Regulatory Laws (PRLs), e.g. R.A. No. 9266 on Architecture, at link: https://www.officialgazette.gov.ph/2004/03/17/republic-act-no-9266-2/, etc.;
11) R.A. No. 386 of 1949, the (new) Civil Code of the Philippines (for potential civil liability in the EnP’s personal/professional action/s), at link: https://www.officialgazette.gov.ph/1949/06/18/republic-act-no-386/;
12) Act No. 3815 of 1930, as amended by R.A. No. 10951 of 2017, the Revised Penal Code (for potential criminal liability in the EnP’s personal/professional action/s), at link: https://www.officialgazette.gov.ph/1930/12/08/act-no-3815-s-1930/;
13) R.A. No. 10175, The Cybercrime Prevention Act of 2012, at link: https://www.officialgazette.gov.ph/2012/09/12/republic-act-no-10175/; and
14) R.A. No. 7080 of 2017, An Act Defining and Penalizing the Crime of Plunder, at link: https://www.ombudsman.gov.ph/docs/republicacts/Republic_Act_No_7080.pdf.
Please help improve the above list. Much thanks. Regards to everyone.
EnP. Armando ALLI
Development Controls (DC) on Philippine (PH) Soilfor Environmental Planners (EnPs) & Architects (17pp)as of September 2022Development Controls (DCs) that Apply to the Design, Construction and Occupancy/Usage/Management/Operation & Maintenance of Philippine (PH) Buildings and Their Grounds/Settings/Environs, Land and Property Developments, and the Built and Natural Environments
Gabby Lopez
Environmental (Regional/Rural/Urban-RRUrban) Planner and Educator-Servant
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EnP. Armando ALLI
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Ana Marie Abante
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EnP. Armando ALLI
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eo
Hi Boie,
Thank you very much for the comprehensive compilation of laws related to environmental planning. I am just wondering on all the laws related to other professional practices that common man and small businesses will have to comply. If you review your occupancy permit for a house with provision for air conditioning, the mechanical engineer signature is required for the hole on the wall. Yes, it is the hole on the wall.
Anyway, I know now the reason why this country has difficulty developing. It is not just tied up but buried with laws, rules and regulations. I hope some legislators will cut 90 per cent of those laws and regulations and make life easier for Filipinos.
As Lao Tze, the founder of Taoism said :The more restrictions there are the poorer the people” and “The more laws are promulgated, The more thieves and bandits there are “
Or Tacitus the noted Roman historian “The more corrupt the state, the more numerous the laws”
Ely
Sent from Mail for Windows
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Christine Homez
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EnP. Armando ALLI
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EnP. Armando ALLI
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Linda Hornilla
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EnP. Armando ALLI
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Mario Tercero
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Sincerely,
MARIO U. TERCERO
EnP. Armando ALLI
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Rachel Guimbatan-Fadgyas
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Armando Alli
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Jenzelle Dianne Antonio
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Armando Alli
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patrick jerome guasa
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EnP. Armando ALLI
IS THE PROFESSIONAL IDENTIFICATION CARD (PIC) THE LICENSE TO PRACTICE A STATE-REGULATED PROFESSION ON PHILIPPINE (PH) SOIL?
Perhaps not, if one considers the following:
1) R.A. No. 8981, the PRC Modernization Act of 2000, the GENERAL law on state-regulated professional practices, states “Section 7. Powers, Functions and Responsibilities of the Commission – The powers, functions, and responsibilities of the Commission are as follows: x x x
(g) To determine and fix the amount of FEES to be charged and collected for x x x PROFESSIONAL IDENTIFICATION CARD, x x x REPLACEMENT, x x x or to charge and collect reasonable fees at the rates higher than the rates provided thereunder subject to the approval by the Office of the President.” x x x (emphases supplied)
Annotations: While R.A. No. 8981 is considered the GENERAL law on state-regulated professional practices on PH soil, the SPECIAL laws governing such practices are the professional regulatory laws (PRLs) such as R.A. No. 10587 for Environmental Planners (EnPs) and R.A. No. 9266 (for Architects). The term “replacement” may encompass PC renewal. Note also that the law does not state any other condition for the renewal of the PIC other than the fee charging (and payment).
2) The 2001 implementing rules and regulations (IRR) of R.A. No. 8981, the PRC Modernization Act of 2000 states “Sec. 8. Powers, Functions and Responsibilities of the Commission. – The powers, functions and responsibilities of the Commission are as follows: x x x
In the exercise of its power to admit successful examinees to the practice of the profession or occupation: x x x
4. To MINISTERIALLY ISSUE, AT THE OPTION OF THE PROFESSIONAL CONCERNED the professional identification card, TO BE USED SOLELY FOR THE PURPOSE OF IDENTIFICATION, upon payment of the appropriate amount: x x x” (emphases and underscoring supplied)
3) upon careful examination of the contents of the PIC, You will note that the word “license” does not appear on the front part of the PIC i.e. contrast that with the front part of a PH driver’s license where the word “LICENSE” is plainly stated; if the dorsal (back) side of the PIC is examined, the terms “CERTIFICATION” appears once and the word “certify” appears twice i.e. attesting to the real function of the PIC, while the word “license” only appears once in direct (hyphenated) relation to the term “certificate of registration” which is the actual license to practice a state-regulated profession in the PH.
4) R.A. No. 10587, the Environmental Planning Act of 2013, the SPECIAL law on state-regulated professional practices, states “Section 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. x x x 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 x x x 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 CONTINUING PROFESSIONAL EDUCATION. (emphases and underscoring supplied)
Annotations: While R.A. No. 8981 as the GENERAL law on state-regulated professional practices on PH soil did not state any other condition for the renewal of the PIC other than the fee charging (and payment), R.A. No. 10587 as the SPECIAL law on state-regulated professional practice of environmental planning on PH soil unequivocably enumerates two (2) CONDITIONS for PIC renewal by Environmental Planners (EnPs) every 3 years i.e. a certificate of membership in good standing (CoMGS) from the PIEP and proof of completion of continuing profession education (CPE, referred to as continuing professional development/CPD under R.A. No. 10912, a lapsed law that took effect in mid-2016.
Summing up the foregoing, the PIC may not be the actual license to practice a state-regulated profession on PH soil i.e. the actual professional license is the Certificate of Registration (CoR, that diploma-like certificate probably hanging in Your office), and the PIC should be generally renewable upon payment of the prescribed PRC fees. In the case of EnPs however, the special law R.A. No. 10587 prescribes 2 conditions for PIC renewal that must first be presented to the PRC. Thank You.
nora diaz
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