Environmental Planning Act of 2013
Environmental Planning Act of 2013
Environmental Planning Act of 2013
ARTICLE I
General Provisions
SECTION 1. Title. — This Act shall be known as the "Environmental
Planning Act of 2013".
SECTION 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.
SECTION 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.
SECTION 4. Definition of Terms. —
(a) Environmental planning, also known as urban and regional
planning, city planning, town and country planning, and/or 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
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Card from the Board of Environmental Planning and the
Professional Regulation Commission. HTacDS
The new Board under this Act shall be constituted within six (6) months
from the effectivity of this Act.
SECTION 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.
SECTION 8. Qualifications of Board Members. — Each member of the
Board shall, at the time of his/her 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 environmental 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
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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.
SECTION 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;
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(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;
(l) 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
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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.
SECTION 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.
SECTION 11. Administrative Supervision of the Board, Custodian of
Its Records, Secretariat and Support Services. — The Board shall be under the
administrative supervision 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.
SECTION 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
his/her 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. 8981, the Rules on Administrative
Investigation, and the applicable provisions of the New Rules of Court.
SECTION 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
SECTION 14. Registration Required. — Upon the effectivity of this
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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. aSITDC