Policy Mandate Of R.a. 8559

Policy Mandates of R.A. No. 8559 Sec. 3 (d)2, IRR , R.A. No. 8559- The practice of agricultural engineering shall include the following …. Preparation of engineering designs, plans, specifications, project studies and estimates and the supervision and other management services on the construction, operation and maintenance of agricultural, aquaculture and fishery, and forest product machinery, agricultural buildings and structures, farm electrification and energy systems, agricultural processing equipment, irrigation and soils conservation systems and facilities, agricultural waste utilization systems and facilities;

Agricultural Buildings and Structures- shall include silos and its components, agricultural machinery and equipment sheds, farm houses, green/screen houses, poultry houses, piggery houses, slaugtherhouese, farm-to-market roads, farm bridges, agricultural products storage/warehousexxx Sec 3(m) IRR, R.A. No. 8559 .

Policy Mandates of R.A. No. 8559 Sec. 21 (b) - No officer or employee of the government, chartered cities, provinces and municipalities now or hereafter charged with the enforcement of laws, ordinances or regulations relating to the construction or alteration of agricultural structures, machineries and equipment, processes and systems shall accept or endorse any plans or specifications which have not been prepared and submitted in full accord with the provisions of this Act, nor shall any payment be approved by any such officer for any work, the plans and specifications of which have not been so prepared, signed and sealed by a duly registered agricultural engineer.

….Violation of any of the foregoing shall be ground for administrative and/or criminal action.

Relation and Application of R.A. No. 8559 in the LGU Operation pursuant to the Local Government Code R.A. No. 7160 (Local Gov’t. Code)

R.A. No. 8559 (AE Law) Regulation on AE practice by BOAE and PRC- plans, designs and cost estimates must be signed and sealed and the construction of AE facilities and systems such as agricultural buildings and structures be supervised by licensed agricultural engineer/s

Provision of basic services and facilities, taxation and regulation on agricultural buildings and structures (building permits and business licenses) by LGUs

R.A. No. 8559 directly relates and applies to the operation of the LGUs, particularly in:

1) Provision of Agricultural and Infrastructure Services and Facilities (Sec. 17 of Local Government Code)  Communal irrigation, small water impounding projects, fish ports, rain water collectors and water supply systems  Slaugtherhouses, multi-purpose drying pavement and other post harvest facilities  Extension and On-site research--palay, corn and vegetable seed farms, plant nurseries, demonstration farms, copra quality control, inter-barangay irrigation systems, water and soil resources utilization and conservation projects

R.A. No. 8559 directly relates and applies to the operation of the LGUs, particularly in:

2) Implementation of National funded projects ---DA, DAR, etc. ( DA-DILG MC Joint MC No. 11, series of 2004)    

Irrigation ( STWs, SWIP, etc) Farm-to-Market Roads Post Harvest Facilities Farm Mechanization

R.A. No. 8559 directly relates and applies to the operation of the LGUs, particularly in:

3) Real Property Taxation (Book II, Local Government Code)  Appraisal/ assessment of agricultural lands, building and machineries

R.A. No. 8559 directly relates and applies to the operation of the LGUs, particularly in:

4) Regulatory Activities  Issuance of Building Permits as City and Municipal Engineers acts as Building Officials (Sec. 477, Local Government Code)  Issuance of Business Licenses for Agro-Processing and other Agricultural Engineering Enterprises  Registration of Agricultural Machineries and Fisheries Post Harvest facilities ( Magna Carta for Small Farmers and Fisheries Code)

Relation and Application of R.A. No. 8559 in the implementation of P.D. No. 1096

R.A. No. 8559 (AE Law) Regulation on AE practice by BOAE and PRC- plans, designs and cost estimates must be signed and sealed and the construction of AE facilities and systems such as agricultural buildings and structures be supervised by licensed agricultural engineer/s

P.D. No. 1096 (Building Code) Regulation on the design, location, construction, occupancy and maintenance of buildings and structures (including agricultural) to ensure safety and functionality through the issuance of building permits by the Building Officials

R.A. No. 8559 directly relates and applies to the implementation of PD No. 1096 (National Bldg. Code) as: 1) Agricultural Buildings is part of the scope and application of the National Building Code (Sec. 103 and 701, PD No. 1096) 2) All building owners either government or private must obtain first building permit from Building Official prior to the construction ( Sections 301, PD 1096) ; and 3) Cost Estimates, Building Plans and Specifications need to be submitted as part of the building permit application (Sec. 302, PD No. 1096)

Section 302 of P.D. No. 1096 states: Sec. 302. Application for permits. In order to obtain a building permit, the applicant shall file an application therefore in writing and on the prescribed form with the Office of the Building Official. Every application shall provide at least the following information:  A description of the work to be covered by the permit applied for  Description and ownership of the lot xxx  The use or occupancy for which the proposed work is intended  Estimated cost of the proposed work To be submitted together with such application are at least five sets of corresponding plans and specifications xxx

It is clear from the reading of the above-qouted provisions of R.A. No. 8559 that the making of plans and designs, not to mention the management or supervision of construction of agricultural buildings and structures are activities, more or less within the practice of “agricultural engineering”.

2 This permit shall be accompanied by the various applicable ancillary and accessory permit, plans and specifications signed and sealed by the corresponding design professionals who shall be responsible for the comprehensive and correctness of the plans in compliance to the Code and its IRR and to all applicable referral codes and professional regulatory laws.

Relation and Application of R.A. No. 8559 with the R.A. No. 7160 and P.D. No. 1096 R.A. No. 7160 (Local Gov’t. Code)

R.A. No. 8559 (AE Law) Regulation on AE practice by BOAE and PRC- plans, designs and cost estimates must be signed and sealed and the construction of AE facilities and systems such as agricultural buildings and structures be supervised by licensed agricultural engineer/s

Provision of basic services and facilities, taxation and regulation on agricultural buildings and structures (building permits and business licenses) by LGUs

P.D. No. 1096 (Building Code) Regulation on the design, location, construction, occupancy and maintenance of buildings and structures (including agricultural) to ensure safety and functionality through the issuance of building permits by the Building Officials