Agricultural Engineering Laws, Documents, Certifications Flashcards
Agricultural and Biosystems Engineering, is what R. A
R.A 10915
An act promoting agricultural and fisheries mechanization developmentin the country.
RA No. 10601
Known as the “Agricultural and Fisheries Mechanization (aFMech) law.
RA no. 10601
Refers to machinery and equipment for the production, harvesting, processing, storage, manufacture, preserving, transporting, and distribution of agricultural and fisheries products.
Agricultural and fisheries machinery
Refers to development, adopt, assembly, manufacture and application of appropriate, location specific and cost-effective agricultural and fisheries machinery using human, animal, mechanical, electrical, renewable and other non-conventional sources of energy for agricultural production and post harvest /postproduction operations.
Agricultural and fisheries mechanization
Refers to the local activity or series of activities to maintain or raise the quality change the form or characteristics of agricultural, fisheries and forestry products.
Agro-industrial processing
Refers to any boat, ship, or other water craft of three (3) gross tons or less, equipped to be used for taking of fishery species or aiding or assisting one (1) or more vessels in the performance of any activity relating to fishing including, but not limited to, preservation, supply, storage refrigeration, transportation and/or processing.
Fishing boat
It promotes the adoption of certified agricultural and fisheries machinery for improving agriculture and fishery productivity.
The National Agri-fishery Mechanization Program
Oversees the implementation of the National Agri-fishwry Mechanization Program by the vaious units of the Department.
Program Implementation
Design and testing of new mchineries and equipment for agriculture and fisheries.
Unified National Research and Development (R&D) and Extension Agenda
Organized and composed of research and educational institutions, LGUs, nongov’t orgs and the recognized and well-established associations of agricultural and fisheries machinery assemblers, manufacturers and distributors, agricultural engineers, farmers and fisherfolk.
Agri-fisheries Mechanization RDE Network
Custom plowing, harrowing, harvesting, drying, milling and other farm mechanization services.
agri-fisheries Mchinery and Equipment Service Centers.
It will also be used or tapped as a facility for the online registration of agri-fisheries machinery and equipment, and monitoring of agri-fiaheries machanization and infrastructure projects.
Agri-fisheries Mechanization and Engineering Resource Network
To enhance research and technological dev’t on agricultural and fisheries mechanization, the government through Bureau of Agricultural Research (BAR) of the DA, the DOST and the Commission on Higher Education (CHED) shall provide this competitive ___________.
Research Grants
Train the farmers and fisherfolk on agricultural and fisheries mechanization technologies and practices.
Training and Scholarship Program
Shall have this required blank blank of licensed agricultural engineers and certified technicians and operators, in accordance with the guidelines and standards to be promulgated.
Manpower Complement
Skills certification and accreditation systems for agricultural and fishery machinery operators and technicians.
Skills Certification of Agricultural Machinery Technicians and Operators
Production of locally made engines and other machinery for agricultural and fisheries purposes.
Local Assembling and Manufacturing.
Ventures in local manufacture, fabrication and assembly of agri-fiaheries machinery and equipment.
Incentives for Local Manufactures and Assemblers of Agri-fisheries Machinery
Al agricultural and fisheries machinery assemblers, manufacturers, importers, suppliers, distributors
After-Sales Service
The first agricultural engineering law was enacted by the 5th congress of the Philippines in 1964.
RA 3972
An Act of Regulating the Practice of Agricultural Engineering in the Phils. (known as the thr Philippines Agricultural Engineering Act of 1998) was enacted by the Senate and House of Representatives of the Philippines in 1998
RA 8559
Is a theory that posits the existence of a law whose content is set by nature and that therefore has validity everywhere.
Natural or Scientific Law
Constitutional law basic laws of ntion of nation states and other political orgs serving as framework for government to execute new laws and regulations.
Governmental Law
Shall refer to the profession requiring the application of the fundamental and known principles of engineering to the peculiar conditon and requirements of agriculture as an industry and as field of science.
Practice of agricultural engineering
Natural person who has been issued a certificate of registration by the Board of Agricultural Engineering and has taken the oath of profeasion of agricultural engineers.
Agricultural engineer
An act promoting the dev’t, utilization and commercialization of renewable energy resources and for other purposes
RA 9513
Refers to the conveyance of electricity by a Distribution Utility through its distribution system
Distribution of electricity
Refers to any electric cooperative, private corporation, government owned utility or existing local govermental unit which had an exclusive franchise to operate a distribution system
Distribution Utility
Refers to the law mandating the restructuring of the electric power sector and the privatization of the National Power Corporation (NPC)
Electric Power Industry Reform Act of 2001 or Republic Act No. 9136
Refers to a facility for the production of electricity and or thermal energy such as, but not limited to, steam, hot or cold water.
Generation Facility
Is produced through natural recharge where the water is replenished by rainfall and the heat is continuously produced inside the earth.
Geothermal energy
Refers to machines or other equipment that coneverts grothermal energy into useful power.
Geothermal Energy Systems
Refers to mineral resources, classified as renewable energy resource, in the form of all products of geothermal processes, embracing indigenous steam, hot water, and hot brines
Geothermal Resources
Refers to the mechanism to empower end users to choose renewable energy in meeting their energy requirements
Green Energy Option
Refers to the amount due the National Government and local government units from the exploitation, development and utilization of naturall occurring renewable energy resources such as geothermal, wind, solar, ocean nd hydro excluding biomass
Government Share
Refers to any power or energy generation facility which makes use of two or more types of technologies utilizing both conventional and or renewable fuel sourcea, such as, but not limited to integrated solar/wind systems, biomass/fossil fuel systems.
Hybrid Systems
Refers to water based energy systems whuch produce electricity by utilizing the kinetic energy of falling or running water to trun a turbine generator
Hydroelectric Power Systems or Hydropower Systems
Refers to the construction and installation of a hydroelectric power generating plant and its ausiliary facilities, such as diversion structure, headrace, penstock, substation, transmission and machine shop among others.
Hydroelectric Power Development or Hydropower Development
Refers to water resources fpund technically feasible for development of hydropower projects which include rivers, lakes, waterfalls, irrigation canals, springs, ponds and other water bodies.
Hydroelectric Power Resources or Hydropower Resources
Refers to the amount due the local government units from thr exploitation development and utilizayion of naturally occurring renewable energy resources
Locl government share
Refers to the provision of basic electricity service in unviable areas with the aim of bringing the operations in these areas to viability levels.
Missionary Electrification
Refers to the amount due to the national government from. The exploitation, development and utilization of naturally occurring renewable energh resources
National government share
A decree instituting a labor code thereby revising and consolidating labor and social laws to afford protection to labor, promote employment and human resources development and insure industrial peace based on social justice
Labor Code of the Philippines
Means any person or association engaged in the requitmentand placement of workers, locally or overseas, without charging, directly or indirectly, any fee from the workers or employers.
Private recruitment entity
means a document issued by the Department of Labor authorizing a person or entity to
operate a private employment agency.
License
means any member of the labor force, whether employed or unemployed.
“Worker”
means any person or entity engaged in recruitment and
placement of workers for a fee which is charged, directly or indirectly, from the workers or
employers or both.
“Private fee-charging employment agency”
means a document issued by the Department of Labor authorizing a person or
association to engage in recruitment and placement activities as a private recruitment entity.
“Authority”
shall have the power to impose and collect fees based on rates recommended
by the Bureau of Employment Services. Such fees shall be deposited in the National Treasury as a
special account of the General Fund, for the promotion of the objectives of the Bureau of
Employment Services, subject to the provisions of Section 40 of Presidential Decree No. 1177.
The Minister of Labor
shall have the original and exclusive jurisdiction over all
matters or cases involving employer-employee relations including money claims, arising out of or
by virtue of any law or contracts involving Filipino workers for overseas employment except
seamen: Provided, That the Bureau of Employment Services may, in the case of the National
Capital Region, exercise such power, whenever the Minister of Labor deems it appropriate. The
decisions of the regional offices of the Bureau of Employment Services, if so authorized by the
Minister of Labor as provided in this Article, shall be appealable to the National Labor Relations
Commission upon the same grounds provided in Article 223 hereof. The decisions of the National
Labor Relations Commission shall be final and inappealable. (Superseded by Exec. Order 797,
May 1, 1982).
The regional offices of the Ministry of Labor
shall have the power and authority:
a. To organize and establish new employment offices in addition to the existing employment offices
under the Department of Labor as the need arises;
b. To organize and establish a nationwide job clearance and information system to inform applicants
registering with a particular employment office of job opportunities in other parts of the country as
well as job opportunities abroad;
c. To develop and organize a program that will facilitate occupational, industrial and geographical
mobility of labor and provide assistance in the relocation of workers from one area to another; and
d. To require any person, establishment, organization or institution to submit such employment
information as may be prescribed by the Secretary of Labor.
The Secretary of Labor
Any employee may be retired upon reaching the retirement age established in the
collective bargaining agreement or other applicable employment contract.
Retirement
means the amount equivalent to one hundred fifteen percent of the sum
of the average monthly salary credit multiplied by the replacement ratio, and one and a half
percent of the average monthly salary credit for each credited year of service in excess of ten
years: Provided, That the monthly income benefit shall in no case be less than two hundred fifty
pesos.
“Monthly income benefit”`
For a member covered prior to January, 1975, nineteen hundred
seventy-five minus the calendar year of coverage, plus the number of calendar years in which six
or more contributions have been paid from January, 1975 up to the calendar year containing the
semester prior to the contingency. For a member covered on or after January, 1975, the number of
calendar years in which six or more contributions have been paid from the year of coverage up to
the calendar year containing the semester prior to the contingency.
“Credited years of service”
The sum of twenty percent and the quotient obtained by dividing three
hundred by the sum of three hundred forty and the average monthly salary credit.
“Replacement ratio”
means a period of two consecutive quarters ending in the quarter of death, permanent
disability, injury or sickness.
“Semester”
means a period of three (3) consecutive months ending on the last days of March, June,
September and December.
“Quarter”
in the case of the SSS means the result obtained by dividing the sum of
the six (6) highest monthly salary credits in the twelve-month period immediately preceding the
semester of sickness or injury by one hundred eighty (180), except where the month of injury falls
within twelve (12) calendar months from the first month of coverage, in which case it is the result
obtained by dividing the sum of all monthly salary credits by thirty (30) times the number of
calendar months of coverage in the period.
In the case of the GSIS, the average daily salary credit shall be the actual daily salary or wage, or
the monthly salary or wage divided by the actual number of working days of the month of
contingency.
“Average daily salary credit”
in the case of the SSS means the result obtained by dividing the
sum of the monthly salary credits in the sixty-month period immediately following the semester of
death or permanent disability by sixty (60), except where the month of death or permanent
disability falls within eighteen (18) calendar months from the month of coverage, in which case, it is
the result obtained by dividing the sum of all monthly salary credits paid prior to the month of
contingency by the total number of calendar months of coverage in the same period.
“Average monthly salary credit”
means the wage or salary base for contributions as provided in Republic Act
Numbered Eleven hundred sixty-one, as amended, or the wages or salary.
“Monthly salary credit”
insofar as they refer to the computation of benefits defined in Republic Act No.
1161, as amended, for SSS and Presidential Decree No. 1146, as amended, for GSIS,
respectively, except that part in excess of Three Thousand Pesos.
“Wages” or “Salary”
means any doctor of medicine duly licensed to practice in the Philippines, an active
member in good standing of the Philippine Medical Association and accredited by the Commission.
“Physician”
means any medical facility, government or private, authorized by law, an active member in
good standing of the Philippine Hospital Association and accredited by the Commission.
“Hospital”
means all payments made under this Title for income benefits and medical or
related benefits.
“Compensation”
means all payments made under this Title to the providers of medical care,
rehabilitation services and hospital care.
“Income benefit”
means all payments made under this Title to the providers of medical care,
rehabilitation services and hospital care.
“Medical benefit”
means loss or impairment of a physical or mental function resulting from injury or
sickness.
“Disability”
means any illness definitely accepted as an occupational disease listed by the
Commission, or any illness caused by employment subject to proof that the risk of contracting the
same is increased by working conditions. For this purpose, the Commission is empowered to
determine and approve occupational diseases and work-related illnesses that may be considered
compensable based on peculiar hazards of employment.
“Sickness”
means any harmful change in the human organism from any accident arising out of and in
the course of the employment.
“Injury”
means the dependent spouse until he/she remarries and dependent children, who
are the primary beneficiaries. In their absence, the dependent parents and subject to the
restrictions imposed on dependent children, the illegitimate children and legitimate descendants,
who are the secondary beneficiaries: Provided, That the dependent acknowledged natural child
shall be considered as a primary beneficiary when there are no other dependent children who are
qualified and eligible for monthly income benefit.
“Beneficiaries”
means the legitimate, legitimated or legally adopted or acknowledged natural child who
is unmarried, not gainfully employed, and not over twenty-one (21) years of age or over twenty-one
(21) years of age provided he is incapacitated and incapable of self-support due to a physical or
mental defect which is congenital or acquired during minority; the legitimate spouse living with the
employee and the parents of said employee wholly dependent upon him for regular support.
“Dependent”
means any person compulsorily covered by the GSIS under Commonwealth Act
Numbered One hundred eighty-six, as amended, including the members of the Armed Forces of
the Philippines, and any person employed as casual, emergency, temporary, substitute or
contractual, or any person compulsorily covered by the SSS under Republic Act Numbered Eleven
hundred sixty-one, as amended.
“Employee”
means any person, natural or juridical, employing the services of the employee.
“Employer”
means the Labor Code of the Philippines instituted under Presidential Decree Numbered four
hundred forty-two, as amended.
Code
means the Employees’ Compensation Commission created under this Title.
“Commission”
means the Social Security System created under Republic Act Numbered Eleven hundred
sixty-one, as amended.
“SSS”
means the Government Service Insurance System created under Commonwealth Act
Numbered One hundred eighty-six, as amended.
“GSIS”
shall be solely responsible for the administration and
enforcement of occupational safety and health laws, regulations and standards in all
establishments and workplaces wherever they may be located; however, chartered cities may be
allowed to conduct industrial safety inspections of establishments within their respective
jurisdictions where they have adequate facilities and competent personnel for the purpose as
determined by the Department of Labor and Employment and subject to national standards
established by the latter.
The Department of Labor and Employment
may, through appropriate regulations, collect reasonable
fees for the inspection of steam boilers, pressure vessels and pipings and electrical installations,
the test and approval for safe use of materials, equipment and other safety devices and the
approval of plans for such materials, equipment and devices.
The Secretary of Labor and Employment
“identified and qualified agrarian reform beneficiaries, shall have usufructuary rights over the
awarded land as soon as the DAR takes possession of such land, and such right shall not be diminished even pending
the awarding of the emancipation patent or the certificate of land ownership award”.
CARPER Law
“AN ACT PRESCRIBING URGENT RELATED MEASURES TO
MODERNIZE THE AGRICULTURE AND FISHERIES
SECTORS OF THE COUNTRY IN ORDER TO ENHANCE
THEIR PROFITABILITY, AND PREPARE SAID SECTORS
FOR THE CHALLENGES OF GLOBALIZATION THROUGH
AN ADEQUATE, FOCUSED AND RATIONAL DELIVERY
OF NECESSARY SUPPORT SERVICES, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES”
“THE AGRICULTURE AND FISHERIES MODERNIZATION ACT OF 1997”
/REPUBLIC ACT 8435:
The State shall protect small farmers and fisherfolk from
unfair competition such as monopolistic and oligopolistic practices by promoting a policy
environment that provides them priority access to credit and strengthened cooperative-based
marketing system.
Protection from Unfair Competition –
The State shall promote people empowerment by enabling all citizens
through direct participation or through their duly elected, chosen or designated representatives
the opportunity to participate in policy formulation and decision-making by establishing the
appropriate mechanisms and by giving them access to information
People Empowerment