ABE 3202

PAES and its HISTORY

Compiled By:
Department of Agricultural Engineering and Environmental
Management
College of Agriculture, Resources and Environmental
Sciences
Central Philippine University
Iloilo City
Enforcement of PAES and R.A. No.
8559 (Philippine Agricultural
Engineering Act 0f 1998)
in the procurement and
implementation of Agri-Fishery
Machinery and Infrastructure Projects

By : ENGR. ARIODEAR C. RICO

Chairman, Board of Agricultural Engineering
Professional Regulation Commission
 PRESENTATION OUTLINE
1. PAES Historical Background
2. PAES for ASEAN Economic Community 2015
3. Regulations under R.A. No. 8559 on Agri-Fisheries
Machinery and Infrastructure
4. Requirements of R.A. No. 9184 covered by R.A.
No. 8559 Regulations and PAES Enforcement
5. Issuances on the Enforcement of PAES and R.A. No.
8559 in the procurement of Agricultural Machinery
and Infrastructure Projects
6. Role of DA and LGU Agri Eng’g Groups
7. Penalties and Sanctions
1. PAES
Historical
Background
 PAES HISTORICAL BACKGROUND

Why need for Standards ?

ü Quality
ü Safety
ü Competitiveness

of products and services

 PAES HISTORICAL BACKGROUND
August 3,1998- IRR of R.A. 8559
“ The Board, in collaboration and consultation
with the Integrated and Accredited Association of
Agricultural Engineers and concerned agencies,
government and private, shall immediately
prepare, developed and promulgate a Code of
Technical Standards of Agricultural Engineering
which shall contain, among others, standards
design and test procedures, material and
process specifications of agricultural, aquaculture
and fishery machinery, structures, processes and
other agricultural engineering system. The Code
of Technical Standards shall serve as
reference of the agricultural engineer in the
practice of his profession xxx
 PAES HISTORICAL BACKGROUND
October 1, 2002- PAES 1 Adoption by BOAE

The Board hereby RESOLVED

adopt the PAES V xxx and shall
serve as technical reference by
all agricultural engineers in the
signing and sealing of plans,
designs and specifications and
other related works in the
practice of their profession.
“ The practice of agricultural engineering
shall include the following: xxx

2) Preparation of engineering designs, plans,

specifications, project studies and estimates,
and the supervision and other management
services on the construction, installation,
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 soil conservation systems and
facilities, agricultural waste utilization
system and facilities and other agricultural
engineering facilities/services, systems and
technologies; xxx

4) Testing, evaluation and inspection of

agricultural, fishery and forest product
machinery and other related agricultural
engineering facilities and equipment; xxx

Sec. 3(a), R.A. No. 8559; Sec. 3 d, IRR

 PAES HISTORICAL BACKGROUND
April 19, 2002- PAES 1 Adoption by DA

Require all office of DA including

its regional field units, service
units, bureaus, attached
agencies and corporation to
adopt and comply with 35
standards of PAES 1, Volume 1,
series of 2000n(attachment 1)

Whereas, Article 5,6 and 7, Chapter 1,

Title II of R.A. 7394 (Consumer Act of
the Philippines) identified standards
development and enforcement to
three agencies : Department of
Agriculture for agricultural products
XXX
 PAES HISTORICAL BACKGROUND
June 5,2013- R.A. No. 10601 (AFMech Law)
Section 21. Standards Development and Enforcement. – The DA,
through the BAFPS, in coordination with the DTI, the DOST, the
BoAE and the AMTEC xxx shall develop standards specifications
and test procedures of agricultural and fishery machinery and
equipment. These standards xxx shall be part of the existing
Philippine Agricultural Engineering Standards (PAES).xxx
Policies Governing the Development and Enforcement of the --
PHILIPPINE AGRICULTURAL ENGINEERING STANDARDS
R.A. No. 7934 R.A. No. 10601
R.A. No. 8559
(Consumer Act of (AFMech Law)
(Philippine AE Law)
the Philippines) DA, DTI, AMTEC,
BOAE-PRC
DA BOAE, LGUs

DA shall develop Standards to The DA through BAFS in

BOAE shall develop and
promulgate Code of
consumer products related to
Technical Standards to serve
as reference by AEs in the
practice of their profession-
(Sec. 40, IRR, R.A. 8559)
ensure quality and safety of
agriculture such as
agricultural machinery and
equipment, etc.
(Article 5 and 6, RA 7934)
coordination with DTI, DOST,
BOAE and AMTEC shall develop
standard specifications and test
procedures of agri-machinery as
part of PAES; DA and LGUs in
collaboration with BOAE to
enforce these standards XXX
(Sec. 21, R.A. 10601)

PHILIPPINE AGRICULTURAL ENGINEERING STANDARDS

BOAE Resolutions Nos. 05(2002; 01 (2003); 01 DA Administrative Order Nos. 10 (2002); 06 (2003);
(2005) ;02 (2006) and 01 (2009); MC No. 2008-18 04 (2004); 05 (2005); 07 (2006), No. 28 (2009),
8 (2011) and 12 (2011) ;
 PAES for
2. ASEAN
Economic
Community
2015
 2007- ASEAN Economic Community (AEC) ASEAN Economic Community 2015
Blueprint signed by the ASEAN Member States

13
ASEAN ECONOMIC COMMUNITY 2015

Major Agricultural and Bioystems Engineering Application :

1) Free Flow of Services and 2) Food, Agriculture and Forestry
 ASEAN ECONOMIC COMMUNITY BLUPRINT

Article 19. Standards and Technical Barriers to

Trade (Page 9).
Actions:
• Harmonise standards, technical regulations and
conformity assessment procedures through
their alignment with international practices,
where applicable;
 ASEAN ECONOMIC COMMUNITY BLUEPRINT
Article 19. Standards and Technical Barriers to
Trade (Page 9).
Actions:
• iii. Enhance technical infrastructure and competency
in laboratory testing, calibration, inspection,
certification and accreditation based on regionally/
internationally accepted procedures and guides;

• iv. Promote transparency in the development and

application of standards, technical regulations and
conformity assessment procedures in line with the
requirements of WTO Agreement on Technical
Barriers to Trade and the ASEAN Policy Guideline on
Standards and Conformance
 ASEAN ECONOMIC COMMUNITY BLUPRINT

Ø In line with AEC 2015, the

Philippines hosted the
ACABE-1 (2013) , and
ACABE-2 (2014) by
Indonesia;
Ø ASEAN Agricultural and
Biosystems Cooperation
Framework was adopted in
ACABE-1;
Ø In ACABE 2, Philippines was
elected Chairman of the
ACABE Coordinating
Committee
 ASEAN ECONOMIC COMMUNITY 2015
FREE FLOW OF GOODS AND SERVICES

Component 1- SAFE & EFFICIENT FACILITIES &

TECHNOLOGIES FOR ASEAN FOOD SECURITY
, BIOENREGY AND CLIMATE CHANGE
MITIGATION
1) Agri-Fishery Machinery, Irrigation, Agro-
Processing , Renewable Energy, etc.

Component 2- COMPETITIVE ASEAN

ABE EDUCATION
(ASEAN QUALIFICATION FRAMEWORK)
1) Higher Education; 2) Tech-Voc; and Basic Education

§ Career
Component Advocacy Program
3- COMPETITIVE AND SECURED ASEAN
§ Rationalizing
ABE WORKFORCE all AE Schools
and Upgrading
§ Scholarship Program
(ASEAN MRA ON ENGINEERING SERVICES, ETC.)
§ Industry Responsive and Outcome-based Curriculum
1) Agricultural Engineers;
§ AE Faculty 2) Building
Capability ABE Technicians & Operators

ACABE COOPERATION FRAMEWORK

 ACABE COOPERATION FRAMEWORK
COMPONENT 1-Towards Safe and Efficient Facilities and
Technologies for ASEAN Food Security, Bio-Energy and
Climate Change Mitigation

Creation of ABE Working Group Ø Establish an ASEAN Agricultural

Research & Development
Establishment of Regional
Standards
Capacity Development
Technology Promotion
Climate Change Program
Fund Allocation
and Biosystems Engineering
Standards that will facilitate the
development, manufacture,
supply and fair trade of
appropriate agricultural and
biosystem products and services;
Ø Upgrade the capacity of existing
national testing centers and
transform it into regional
reference laboratories that will be
mandated to test and certify the
conformity of goods with the
standards
 PROGRESS OF IMPLEMENTATION ON
ACABE COOPERATION FRAMEWORK

Ø ASEAN SOM-AMAF Leader

Philippines (Asec. Romeo S.
Recide endorsed to ASEAN
Secretariat the ACABE
Cooperation Framework to
be part of the ASEAN Food
Security Framework
implementation
(September 18,2014)
 PROGRESS OF IMPLEMENTATION ON
ACABE COOPERATION FRAMEWORK

Ø 3rd meeting of the ASEAN

University Consortium on
Agro-Based Engineering and
Technology, October 14-
17,2014, Bogor, Indonesia

§ 10 Philippine delegates
are attending

§ Agenda : Harmonization of Agricultural and

Biosystems Engineering Curriculum
 PROGRESS OF IMPLEMENTATION ON
ACABE COOPERATION FRAMEWORK

Ø Philippines to host in 2014 the harmonization

of Agricultural and Biosystems Engineering
Standards in all ASEAN Countries

q PAES as the reference point

 Regulations
3. under R.A. No.
8559 on Agri-
Fisheries
Machinery and
Infrastructure
“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/a 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.
Sec. 21 (b), R.A. No. 8559

a/ refers to DA, DAR and other national government

agencies, LGUs, SCUs and Government Financial
Institutions
“ All drawings, specifications and
other documents to be used for
the design, construction, test and
evaluation of agricultural
structures, machineries,
equipments, processes and
systems shall be signed and
sealed by a licensed agricultural
engineer “.--- Sec. 21 (e), R.A. No.
8559

…Violation of any of the

foregoing ( Sec. 21 b and e)
shall be ground for
administrative and/or
criminal action.
“No person shall
practice agricultural
engineering unless
such persons have
secured a license to
practice agricultural
engineering.”

Sec. 20 R.A. No. 8559

 Firms, companies,
partnerships or associations
which are engaged in the
installation, construction
manufacture or sale of
agricultural machinery,
facilities and other
agricultural engineering
processes, shall hire or
engage the services of at
least, one licensed
agricultural engineer. XXX
Sec. 41, IRR, R.A. No. 8559
SEC. 13, R.A. 10601- Manpower
Complement. – All agricultural and
fisheries machinery pools and service
centers, including sales and
distribution outlets and manufacturing
establishments, either public or private,
shall have the required manpower
complement of licensed agricultural
engineers and certified technicians and
operators, in accordance with the
guidelines and standards to be
promulgated by the Board of
Agricultural Engineering (BoAE) of the
Professional Regulation Commission
(PRC) and the DOLE to ensure efficient
operation and maintenance and good
management practices. The DA shall
ensure compliance to this manpower
complement requirement
BOAE PUBLICATION
ON R.A. NO. 8559
AND ITS IRR
 R.A. No. 9184

4. Requirements
covered by the
Regulations of
R.A. No. 8559 and
PAES Enforcement
 R.A. No. 9184 Requirements covered by
R.A. 8599 Regulations and PAES Enforcement

1) Technical Specifications of Agri-Fishery

Machinery which may include xxx
production/delivery schedule, manpower
requirements, and/or after-sales
service/parts, if applicable as part of the
preparation of bidding documents and
evaluation of bids (Sec. 17, R.A. No. 9184
and Section 25, Rule VIII, IRR)
 R.A. No. 9184 Requirements covered by
R.A. 8599 Regulations and PAES Enforcement

2. Project Requirements in the procurement of

agri-fisheries infra projects , which shall include
the following:
a) Organizational chart for the contract to be bid;
b) List of contractor’s personnel (viz, Project
Manager, Project Engineers, Materials Engineers,
and Foremen), to be assigned to the contract to
be bid, with their complete qualification and
experience data;
Section 17.6, Rule VI, and Section 25, Rule VIII, Revised IRR
 R.A. No. 9184 Requirements covered by
R.A. 8599 Regulations

3) Qualifications and Involvement of BAC

Provisional Member and its TWG in the
eligibility screening, evaluation of bids, and
post-qualification on the procurement of
agri-fishery machinery and infrastructure
projects.

Rule V, Revised IRR, R.A. 9184

 R.A. No. 9184 Requirements covered by
R.A. 8599 Regulations
4) Other Licenses/Permits Required

Ø AMTEC Test Report

Ø PCAB License
Ø Building Permit
 R.A. No. 9184 Requirements covered by
R.A. 8599 Regulations
5) Detailed Engineering
No bidding and award of contract for infrastructure projects shall
be made unless the detailed engineering investigations, surveys
and designs, including the acquisition of the ROW, for the project
have been sufficiently carried out and duly approved in accordance
with the standards and specifications prescribed by the Head of
the Procuring Entity concerned xxx in accordance with the
provisions of Annex “A” of this IRR.

The exception is design and build scheme, wherein the bidders

shall be allowed to submit its detailed engineering designs as part
of its bid. XXX

Section 17.6, Rule VI, IRR of R.A. 9184

 R.A. No. 9184 Requirements covered by
R.A. 8599 Regulations
5) Detailed Engineering
Annex A, Revised IRR

1. Detailed engineering shall proceed only on the basis

of the feasibility or preliminary engineering study
made which establishes the technical viability of the
project and conformance to land use and zoning
guidelines prescribed by existing laws. The findings
contained in the feasibility study, if undertaken for the
project, shall be examined. XXX
 R.A. No. 9184 Requirements covered by
R.A. 8599 Regulations
5) Detailed Engineering
Annex A, Revised IRR
2. A schedule of detailed engineering activities shall include the
following:
a) Survey
b) Site Investigation
c) Soils and Foundation Investigation
d) Construction Materials Investigation
e) Preparation of Design Plans
f) Preparation of Technical Specifications
g) Preparation of Quantity and Cost Estimates
h) Preparation of Program of Work
i) Preparation of Proposed Construction Schedule (and estimated Cash Flow for projects with
Schedule over Six (6) Months)
j) Preparation of Site or Right-of-Way Plans including Schedule of Acquisition
k) Preparation of Utility Relocation Plan
l) Preparation and Submission of Design Report
m) Environmental Impact Statement for critical project as defined by the Department of
Environment and Natural Resources (DENR)
n) Preparation of minimum requirements for a Construction Safety and Health Program for the
project being considered
o) Preparation of Bid/Tender Documents
 R.A. No. 9184 Requirements covered by
R.A. 8599 Regulations
5) Detailed Engineering
Annex A, Revised IRR
4. As a requirement for the procurement of infrastructure works, the
concerned consultants/government officials who prepared and
approved the detailed engineering shall issue a certification that the
detailed engineering surveys and designs have been conducted
according to the prescribed agency standards (PAES) and
specifications in conformance with the provisions of this Annex, and
that the detailed engineering outputs are adequate for the procurement
at hand. The approval by the authorized government officials of detailed
engineering surveys and designs undertaken by consultants neither
diminishes the responsibility of the latter for the technical integrity of
the surveys and designs nor transfer any part of that responsibility to
the approving officials.
 Issuances on the

5. Enforcement R.A. No.

8559 and PAES in the
procurement of
Agricultural Machinery
and Infrastructure
Projects
 BOAE MC No. 2005-08 and DA Memo, July 15,2005

1. The plans, designs, technical specifications, cost estimates and test report on the agricultural and fishery machinery and
equipment, as part of the bidding documents, be signed and sealed by registered and licensed agricultural engineer/s who are
holders of valid certificate of registration and valid professional identification card;

2. The agricultural engineering plans and designs as part of the detailed engineering of agricultural and fishery infrastructure
projects be signed and sealed by a registered engineers who are holders of valid certificate of registration and valid
professional identification card;

3. The prospective bidders or contractors be manned by adequate number of agricultural engineers as sustaining employee to
serve as Project managers and/or Project Engineers of the agricultural and fishery infrastructure projects
 BOAE Res. No. 7, series of 2003 “Rules and Regulations on the Signing and
Sealing of Plans, Designs, Specifications, and Other documents by Registered
Agricultural Engineer enforced by DA

Please take note that Section 5 (a) of the said

rules and regulations states the role of the
Department of Agriculture---
a)Department of Agriculture (DA) – shall
require that the plans, designs, specifications,
test reports, feasibility studies and other
technical documents used in the planning,
bidding and implementation of, licensing
and accreditation of suppliers and
distributors, and research proposal/reports on
shallow tube wells, small water impounding
projects, other irrigation projects, agricultural
and fishery mechanization, post harvest
facilities, agricultural and fishery
infrastructure and other agricultural
engineering projects either locally or foreign
funded carried out by concerned DA central
offices, regional offices, bureaus and attached
agencies be signed and sealed by registered
agricultural engineer/s. This rules and
regulation shall be an integral part in the
enforcement of the Philippine Agricultural
Engineering Standards which was adopted by
DA through DA Administrative Orders No. 10,
series of 2002, No. 6, series of 2003 and No.
11, series of 2003.
 BOAE Res. No. 7, series of 2003 “Rules and Regulations on the Signing and
Sealing of Plans, Designs, Specifications, and Other documents by Registered
Agricultural Engineer enforced byand COA

" (g) Commission on Audit

(COA) - shall help enforce
the rules and regulations
as part of the auditing of
government projects on
shallow tube wells, small
water impounding
projects, other irrigation
projects, agricultural and
fishery mechanization,
post harvest facilities,
agricultural and fishery
infrastructure and other
agricultural engineering
projects.
DILG MC ON R.A. NO. 8559 AND
PAES ENFORCEMENT

4.6. The LGUs shall implement and/or enforce pertinent provisions of

R.A. No. 8559 and the Philippine Agricultural Engineering
Standards as part of the licensing, registration and issuance of
business permits of firms and establishments engaged in agricultural
and fishery manufacturing, distribution and operation; agro-processing
and other agricultural engineering activities; and likewise in the
issuance of building permits for agricultural buildings and structures.
DILG MC ON R.A. NO. 8559 AND PAES ENFORCEMENT
DA MEMO ON THE STRICT COMPLIANCE OF PAES

The said standards

shall serve as bases
in the preparation of
the design and
specifications of
agricultural and fishery
machinery /equipment
and infrastructure for
bidding under the DA
programs. XXX
AGRICULTURAL ENGINEER’S RESPONSIBILITY
No agricultural engineer shall sign his name, affix his seal
or use any other method of signature of plans,
specifications or other documents made by or under
another agricultural engineer's supervision unless the
same is made in such manner as to clearly indicate the
part of such work actually performed by him, and no
person, except the agricultural engineer in charge shall
sign for any branch of the work or any function of
agricultural engineering practice not actually performed
by him. The agricultural engineer in charge shall be fully
responsible for all plans, specifications and other
documents issued under his seal or authorized
signature.

Section 5(c), R.A. No. 85509

 AGRICULTURAL ENGINEER’S RESPONSIBILITY

Drawings and specifications duly signed, stamped

or sealed as instruments of service are the property
and documents of the agricultural engineer,
whether the projects for which they were made is
executed or not. No person, without the written
consent of the agricultural engineer or author of
said documents, shall duplicate or make copies of
said documents for use in the repetition of and for
other projects or buildings, whether executed
partly or in whole.

Section 5(d), R.A. No. 85509

 ROLE of DA and LGU

6. Agricultural
Engineering Groups in
PAES Enforcement
R.A. No. 8559
Implementation
ROLE OF CAFED UNDER THE
DA RATIONALIZATION PLAN
Creation of Central Agricultural and
Fishery Engineering Division, DA-OSEC –
xxx “The Division will serve a focal unit to ensure
that the planning, construction and delivery of agri-
fishery infrastructure is consistent with DA technical
and financial requirements pursuant to R.A. No 8559
(Philippine AE Law)

As the “clearing house” for all agri-fishery

infrastructure project proposals, it would validate the
need for infrastructure facilities, and provide quality
assurance for the technical consideration for this
purpose. Said set-up would enhance accountability in
financing the construction of agri-fisheries
infrastructure, notably, irrigation facilities and farm-
to-market roads, as the Agricultural Engineers to be
deployed to inspect, validate and recommend the
proposals would be subject to sanctions allowed to
be imposed under R.A. No. 8559 . . . (SGD) DBM
SEC. FLORENCIO B. ABAD
Legal Basis: EO 116 (DA Charter, Sec. 46 of AFMA
Law R.A. No. 8559)
ROLE OF BAFE UNDER THE AFMECH LAW

Section 24, R.A. 10601- The BAFE shall have the

following functions and responsibilities: xxx

(e) Prepare, evaluate, validate and recommend

engineering plans, designs and technical
specifications on agri-fisheries mechanization and
infrastructure projects;

(f) Coordinate and monitor the enforcement of

standards and other regulatory policies on
agricultural and fishery engineering; xxx
ROLE OF RAEDs UNDER THE AFMECH LAW

Section 24, R.A. 10601- xxx Modifications shall be

made in the organizational structure and staffing
pattern of the regional field units of the DA for the
creation of Agricultural Engineering Division to
strengthen the provision of agricultural engineering
services necessary to carry out the field
implementation of the agricultural and fishery
engineering, mechanization and infrastructure
programs and projects of the DA.
 ROLE OF LGU AE GROUPS UNDER THE
AFMECH LAW
SEC. 29. Strengthening the Agricultural Engineering Groups of the LGUs. – The
agricultural engineering division/section of the agriculture offices of the LGUs
XXX shall have the following functions and responsibilities:

(a) Provide agricultural engineering services which include engineering survey, preparation
and evaluation of plans, designs, technical specifications, feasibility studies and cost
estimates/program of work of irrigation, small water Impounding, soil conservation and
management, farm machinery, slaughterhouses, poultry dressing plants, postharvest
facilities, auction markets, farm-to-market roads and other agricultural and fisheries
infrastructure projects of the LGUs;

(b) Administer, supervise and coordinate the construction, operation, maintenance,

improvement and management of irrigation, small water impounding, soil and water
conservation structures and facilities, farm machinery, postharvest facilities, auction
markets, farm-to-market roads and other agricultural and fisheries infrastructure projects
of the LGUs;

(c) Undertake the registration of agri-fishery machinery and facilities, enforcement of the
PAES and other agricultural and fishery engineering regulatory activities in coordination
and collaboration with the concerned national government agencies; XXX
7. PENALTIES AND
SANCTIONS
In addition to the administrative sanctions
imposed under this Act, any person who violates
any of the provisions of this Act shall, upon
conviction, be penalized by a fine not less than
Fifty thousand pesos (P50,000.00) nor more than
Two hundred thousand pesos (P200,000.00), or
imprisonment of not less than six (6) months nor
more than (3) years, or both fine and
imprisonment at the discretion of the court.

Sec. 32, R.A. No. 8559

 ADMINISTRATIVE SANCTIONS

Agricultural Engineers- Revocation of PRC

License

Government Employees/Official- Dismissal

/Suspension from the service based on
Ombudsman decision
If my people, which are called by
my name, shall humble themselves,
and pray, and seek my face, and
turn from their wicked ways; then
will I hear from heaven, and will
forgive their sin, and will heal their
land.
(2 Choronicle 7:14)