ARTICLE
I
Organization of the Board
Section 1. Title of Act. — This Act shall be known as the "Mechanical
Engineering Law."
Section 2. Creation and composition of Board. — Within
thirty days after the approval of this Act, there shall be created a
Board of Mechanical Engineering Examiners, to be composed of three
members, one of whom is to be designated chairman; all to be appointed
by the Secretary of Public Works and Communications.
Section 3. Powers vested in Board. — The Board of
Mechanical Engineering Examiners is vested with authority conformably
with the provisions of this Act, to administer the provisions thereof,
to issue, suspend and revoke certificates of registration for the
practice of mechanical engineering and to administer oaths.
In carrying into effect the provisions of this Act, the Board may,
under the hand of its Chairman and the seal of the Board, subpoena
witnesses and compel their attendance, and also may require the
production of books, papers, documents, etc., in a case involving the
revocation of registration or practicing or offering to practice
without registration. Any member of the Board may administer oaths or
affirmations to witness appearing before the Board. If any person shall
refuse to obey any subpoena so issued, or shall refuse to testify or
produce any book, paper, document, etc., the Board may present its
petition to the Court of First Instance, setting forth the facts, and
thereupon such court shall, in a proper case, issue its subpoena to
such person, requiring his attendance before such court and there to
testify or to produce such books, papers, documents, etc., as may be
deemed necessary and pertinent by the Board. Any person failing or
refusing to obey the subpoena or order of the said court may be
proceeded against in the same manner as for refusal to obey any other
subpoena or order of the court.
The Board may exercise the powers conferred upon it by this Act, shall
study the conditions affecting the practice of mechanical engineering
in all parts of the Philippines, and shall make recommendations to the
Secretary of Public Works and Communications with a view to the
efficient maintenance of ethical and technological standards in the
practice of mechanical engineering for the public well-being and for
the adequate safeguarding of life, health and property; thereby
fostering the orderly progress of industrialization in the Philippines.
Section 4. Qualifications of Board members. — Each
member of the Board shall, at the time of his appointment:
(1) Be a citizen of the Philippines and a resident
thereof.
(2) Hold the degree of M.E. or B.S.M.E. or M.M.E. or
M.S.M.E., or the equivalent thereof conferred by an engineering school
or college, legally chartered and of good standing.
(3) Be legally qualified to practice professional
mechanical engineering in the Philippines.
(4) Had been a mechanical engineer, engaged in the
practice of professional mechanical engineering for at least ten years
previous to his appointment.
(5) Not be a member of the faculty of any school,
college or university where a regular course in mechanical engineering
is taught, nor have pecuniary interest in such institution.
Section 5. Term of office. — The members of the Board
shall hold office for a term of three years after their appointment or
until their successors shall have been appointed and duly qualified.
The members of the first Board appointed under this Act shall hold
office for the following terms: One member for one year, one member for
two years, and one member for three years. Vacancies shall be filled
for the unexpired term only. Each member of the Board shall qualify by
taking the proper oath of office prior to entering upon the performance
of his duties.
Section 6. Executive officer of Board. — The
Commissioner of Civil Service shall be the executive officer of the
Board, shall conduct the examinations given by the Board, and shall
designate any subordinate officer of the Bureau of Civil Service to act
as secretary of the Board. All records and minutes of the deliberations
of the Board, including all examination papers, shall be kept by the
Bureau of Civil Service.
Section 7. Removal of Board members. — The Secretary
of Public Works and Communications may remove any member of the Board
for continued neglect of duty or incompetency, or for unprofessional or
dishonorable conduct, after having given the member concerned an
opportunity to defend himself in the proper administrative
investigation.
Section 8. Compensation of Board. — The members of the
Board shall each receive as compensation the sum of five pesos for each
applicant appointed or registered without examination for any of the
first three grades provided under Section 11 hereof; and three pesos
for each applicant registered without examination or examined for the
grade of certified plant mechanic. Any mechanical engineer in the
service of the Government of the Philippines appointed as member of the
Board shall receive the compensation herein provided, in addition to
his salary. All fees shall be received by the officer designated by
competent authority as the collecting officer for the Bureau of Civil
Service, and such officer shall pay all authorized expenses of the
Board, including the compensation provided for by this Act for the
members of the Board.
Section 9. Rules and regulations. — The Board shall,
with the approval of the Secretary of Public Works and Communications
and with the advice and consent of the Commissioner of Civil Service,
adopt rules and regulations governing the examinations and the
standards to be attained in them, and shall also promulgate such other
rules and regulations as may be necessary to carry the provisions of
this Act into effect. Penal provisions may be included in said
regulations, the violation of which shall be punishable by a fine of
not more than two hundred pesos or by imprisonment for not more than
two months, or both, in the discretion of the court.
Section 10. Annual report. — The Board shall
submit an annual report to the Secretary of Public Works and
Communications after the close of each calendar year, giving a detailed
account of its proceedings during the year and making such
recommendations as it may deem proper.
ARTICLE II
Registration and Examination
Section 11. Grades. — Certificates of
registration for practice of mechanical engineering shall be of four
grades and in the order of rank as follows:
(1) Professional mechanical engineer,
(2) mechanical plant engineer,
(3) junior mechanical engineer, and
(4) certified plant mechanic.
Section 12. Inhibition against the practice of
mechanical engineering. — Unless exempt from registration, no person
shall practice or offer to practice mechanical engineering in the
Philippines, without having previously obtained a certificate of
registration from the Board of Mechanical Engineering Examiners.
Section 13. Definitions of terms. — (a) Mechanical engineering. — A
person shall be deemed to be practicing mechanical engineering or
rendering mechanical engineering service within the meaning and intent
of this Act, who shall, for a fee, salary or other reward or
compensation paid to himself or to another person, or even without such
reward or compensation, render professional mechanical engineering
service in the form of consultation, investigation, valuation,
planning, design, or preparation of specifications or estimates for, or
take charge of, supervise or undertake the construction, erection,
installation or alteration of, or render engineering service in
connection with the manufacture, sale, supply or distribution of, or to
manage, operate, tend or maintain any mechanical equipment, machinery
or process, for any mechanical works, project or plant; or who shall,
by means of signs, cards, advertisement or in any other way, offer to
practice mechanical engineering service, use, assume or advertise any
title or description tending to convey the impression that he is a
professional engineer, or mechanical plant engineer, or junior
mechanical engineer, or certified plant mechanic, or that he is engaged
in the practice of mechanical engineering as defined in this Act.
(b) The term "mechanical equipment, machinery or
process," as used in this Act, shall include steam engines, internal
combustion engines, boilers, turbines, crushers, mills, mixers, pumps,
compressors, cranes, conveyors, hoists, elevators, pipe lines,
line-shafting, etc., but shall not include motor vehicles, street cars,
locomotives, steamships, motorships, airplanes, and similar machinery
used as means of transportation, nor shall include generators, motors,
transformers, rectifiers, or similar machinery or apparatus primarily
electrical in nature, nor mechanical or mill supplies, hardware and
similar articles.
(c) The term "mechanical works, project or plant," as
used in this Act, shall include steam plants, internal combustion
engine plants, hydraulic power plants, pumping plants, refrigerating
plants, mills, shops, factories, foundries, shipyards, etc., containing
any mechanical equipment, machinery or process, driver by steam,
internal or external combustion fuel, electricity, air, gas, water,
heat, chemicals or other prime movers : Provided, however, That the
provisions of this Act shall not apply to any mechanical works,
project, or plant of less than twenty (20 H.P.) horsepower, nor to
mechanical works, projects or plants of the United States army or navy,
nor to such mechanical works, projects or plants of the national,
provincial, municipal, or city governments as may be declared exempted
by the Secretary of Public Works and Communications.
(d) The term "horsepower," as used in this Act, shall
mean the mechanical unit of power equal to five hundred fifty (550 ft.
lb.) foot-pounds per second, and shall apply to the normal horsepower
rating of the engine, motor, turbine, or other prime mover, at full
load, as stamped on the name plate attached to the prime mover. In the
absence of a name plate rating, the horsepower rating of a prime mover,
for purposes of compliance with the provisions of this Act, shall be
determined by reference to the manufacturer or local agent or by
calculation or other method of determination made by a reputable
registered professional mechanical engineer. Such determinations of
horsepower rating shall be accepted as correct until otherwise
determined by the Board of Mechanical Engineering Examiners, whose
decision shall be final.
(e) Capacity of works, project, or plant. — The
horsepower rating of a mechanical works, project or plant, for purposes
of compliance with the provisions of this Act, shall be the total
horsepower of all engines, motors, turbines, or other prime movers
installed for use in such works, projects or plant, whether in
operation or not, and without regard to the number or capacities of the
mechanical equipment, machineries or processes receiving power from or
intended to be driven by such prime movers.
Section 14. Exemption from registration. — Registration shall not be
required of the following classes of persons:
(a) Officers or enlisted men of the United States
army or navy, or employees of the federal government of the United
States.
(b) Employees and officials of the government of the
Philippines, whether national, provincial, municipal or city, while
engaged in the practice of mechanical engineering for said government,
unless the appointing power decides to make registration a requirement
for employment and so reports to the Board.
(c) Mechanical engineers, or erection or guarantee
engineers from other countries called in for consultation or for a
specific design or installation, or project not requiring more than
three (3) months' residence in the Philippines in any twelve (12)
months' period: Provided, That such engineers are legally qualified to
practice mechanical engineering in their own state or country in which
the requirements and qualifications for obtaining a certificate of
registration are not lower than those specified in this Act.
(d) Foreigners employed as technical officers,
professors or consultants in such special branches of mechanical
engineering as may, in the judgment of the Secretary of Public Works
and Communications, be necessary and indispensable for the country.
(e) Engineering students, apprentices, and other
persons employed or acting as subordinates of, or undergoing training
under a person holding a valid certificate of registration under this
Act.
(f) Any person practicing mechanical engineering in a
mechanical works, project, or plant of less than twenty (20 H.P.)
horsepower.
Section 15. Examination required. — Except as
otherwise specifically allowed under the provisions of this Act, all
applicants for registration for the practice of mechanical engineering
shall be required to undergo a technological examination as provided in
this Act.
Section 16. Qualifications of applicant for professional mechanical
engineer. — Any person applying for examination and for a certificate
of registration as professional mechanical engineer shall, prior to
admission to examination, establish to the satisfaction of the Board:
(a) That he is at least twenty-five years of age.
(b) That he is of good reputation and moral character.
(c) That he has completed the high school course or
its equivalent.
(d-1) That he has graduated from an engineering
school or college approved by the Board as of satisfactory standing,
after completing an approved course in mechanical engineering of not
less than four years, and that he has a specific record of an
additional four years or more of active practice in mechanical
engineering work of a character satisfactory to the Board and
indicating that the applicant is competent to render professional
mechanical engineering service and to be placed in responsible charge
of, supervise and undertake such work; or
(d-2) That he has completed at least two years of
technical engineering training satisfactory to the Board, or has
graduated in a course other than engineering from a college or
university of recognized standing, and that he has a specific record of
an additional eight years or more of active practice in mechanical
engineering work of a character satisfactory to the Board and showing
in an affidavit by a registered professional mechanical engineer that
the applicant is competent to render professional mechanical
engineering service and to be placed in responsible charge of,
supervise and undertake such work.
In considering the qualifications of applicants, being in charge of
mechanical engineering teaching in an engineering school of recognized
standing may be regarded as being in active practice in mechanical
engineering work.
Section 17. Qualifications of applicant for mechanical plant engineer. —
Any person applying for examination and for a certificate of
registration as mechanical plant engineer shall, prior to admission to
examination, establish to the satisfaction of the Board:
(a) That he is at least twenty-three years of age.
(b) That he is of good reputation and moral character.
(c) That he has completed the high school course or
its equivalent.
(d-1) That he has graduated from an engineering
school or college approved by the Board as of satisfactory standing,
after completing an approved course of not less than four years in
mechanical engineering, and that he has a specific record of an
additional four years or more of active practice in mechanical
engineering work of such character as indicated in an affidavit by a
registered professional mechanical engineer and to the satisfaction of
the Board, that the applicant is competent to take charge and undertake
the construction, erection, installation, alteration, operation, and
management of mechanical works, projects or plants and to render
engineering services in connection with the manufacture, sale, supply
or distribution of mechanical equipment, machinery or processes; or
(d-2) That he has a specific record of eight years or
more of active practice in mechanical engineering work of such
character as indicated in an affidavit by a registered professional
mechanical engineer, to the satisfaction of the Board, that the
applicant is competent to take charge of and undertake the
construction, erection, installation, alteration, operation and
management of mechanical works, projects, plants and to render
engineering service in connection with the manufacture, sale, supply,
or distribution of mechanical equipment, machinery or processes.
In considering the applications of applicants, being in charge of
mechanical engineering teaching in an engineering school of recognized
standing may be regarded as being in active practice in mechanical
engineering work.
Section 18. Qualifications of applicant for junior mechanical engineer.
— Any person applying for examination and for a certificate of
registration as junior mechanical engineer shall, prior to admission to
examination, establish to the satisfaction of the Board:
(a) That he is at least twenty-one years of age.
(b) That he is of good reputation and moral character.
(c-1) That he has graduated from an engineering
school or college approved by the Board as of satisfactory standing,
after completing an approved course of not less than four years in
mechanical engineering; or
(c-2) That he has graduated from a vocational or
trade school approved by the Board as of satisfactory standing, after
completing an approved course of not less than three years in
stationary or power plant engineering, and that he has a specific
record of an additional four years or more of active practice in
mechanical engineering work of such character as indicated in an
affidavit by a registered professional mechanical engineering and to
the satisfaction of the Board, that he is competent to service as
assistant to a professional mechanical engineer or mechanical plant
engineer, and to undertake the operation, tending and maintenance of
mechanical works, projects or plants of less than two hundred
horsepower.
Section 19. Qualifications of applicant for certified plant mechanic. —
Any person applying for examination and for a certificate of
registration as certified plant mechanic shall, prior to admission to
examination, which may be oral only as to the Board may decide,
establish to the satisfaction of the Board:
(a) That he is at least eighteen years of age.
(b) That he is of good reputation and moral character.
(c) That he has graduated from a vocational school,
or trade school approved by the Board as of satisfactory standing,
after completing an approved course of not less than three years in
stationary or power plant engineering or any mechanical plant
operation, and that he has a specific record of an additional one year
or more of active practice in mechanical plant operation of such
character as indicated in an affidavit by a registered professional
mechanical engineer and to the satisfaction of the Board, that the
applicant is competent to undertake the operation, tending and
maintenance of mechanical works, projects or plants of less than two
hundred horsepower; or
(d) That he has a working knowledge of and can read,
write and speak English, Spanish or any of the recognized Philippine
dialects, and has a specific record of four years or more of active
practice in mechanical plant operation of such character as indicated
in an affidavit by a registered professional mechanical engineer and to
the satisfaction of the Board, that the applicant is competent to
undertake the operation, tending and maintenance of mechanical works,
projects, or plants of less than two horsepower.
Section 20. Holding of examinations. — Examination for candidates
desiring to practice mechanical engineering in the Philippines shall be
given twice a year and on such working days and place as the Board may
fix with the approval of the Secretary of Public Works and
Communications. Written or printed notice of such examination shall be
mailed to each candidate who has filed his name and address with the
Secretary of the Board, at least thirty days prior to the date of the
first day of examination.
Section 21. Scope of examinations. — The scope of the examinations and
the methods of procedure shall be prescribed by the Board with special
reference to the applicant's ability to do the class of engineering
work pertaining to the particular grade he is to be registered for, and
to prove that said applicant has sufficient technological knowledge to
insure safety to life, health and property as well as economy and
efficiency in the design, construction, installation, maintenance,
operation, organization and management of mechanical plants or works.
It shall be the duty of the Board to prepare the programs of
examinations to be submitted to the Secretary of Public Works and
Communications for approval and to publish the same as approved at
least six months before the date of the examinations wherein they are
to be used.
Any alteration or amendments that the Board may later wish to introduce
in said program shall also be approved by the Secretary of Public Works
and Communications and published at least six months before the date of
the examination.
Section 22. Report of ratings. — The Board of Mechanical Engineering
Examiners shall, within ninety days after the date of the completion of
the examinations, report the ratings obtained by each candidate to the
Commissioner of Civil Service, who shall submit such ratings to the
Secretary of Public Works and Communications for approval.
Section 23. Reexamination. — An applicant who for the third time fails
to pass the examination for the same grade shall not be allowed to take
another until at least one year has elapsed after his last examination.
Section 24. Registration as professional mechanical engineer without
examination. — No examination shall be required of any person who
shall, with his application for registration as professional mechanical
engineer, submitted to the Board within one year from the date this Act
becomes effective, present evidence or other proof satisfactory to the
Board, showing that, on the date of the approval of this Act, he had a
specific record of four years or more of active practice in mechanical
engineering work of a character satisfactory to the Board and
indicating that the applicant is competent to render professional
mechanical engineering service and to be placed in responsible charge
of such work; and, any of the following qualifications:
(a) Had passed a civil service examination for senior
mechanical engineer; or
(b) Was a mechanical engineer duly licensed by the
Board of Examiners for Mechanical Engineers under Act Numbered Two
thousand nine hundred eighty-five of the Philippine Legislature of
nineteen hundred twenty-one, as amended.
Section 25. Registration as mechanical plant engineer without
examination. — No examination shall be required of any person who
shall, with his application for registration as mechanical plant
engineer, submitted to the Board within one year from the date this Act
becomes effective, present evidence or sufficient proof satisfactory to
the Board, showing that, on the date of the approval of this Act, he
had any of the following qualifications:
(a) Had a specific record of ten years or more of
active practice in mechanical engineering work of a character
indicating that the applicant is competent to take charge of the
construction, erection, installation, alteration, operation and
management of mechanical works, projects or plants, and has the first
three qualifications specified under section seventeen of this Act; or
(b) He is actually employed at the approval of this
Act in a regularly organized mechanical works, project or plant of more
than two hundred horsepower capacity and has rendered satisfactory
supervisory services without any serious accident as certified by his
employer: Provided, however, That his registration will be valid only
for the works, plant or project where he is actually employed;
or
(c) Had passed a civil service examination for senior
mechanical engineer or is a mechanical engineer duly licensed by the
Board of Examiners for Mechanical Engineers under Act Numbered Two
thousand nine hundred and eighty-five of the Philippine Legislature of
the year nineteen hundred and twenty-one, as amended, and has a
specific record of four years or more of active practice in mechanical
engineering work of such character indicating to the satisfaction of
the Board, that the applicant is competent to take charge of the
construction, erection, installation, alteration, operation and
management of mechanical works, projects or plants, and to render
engineering service in connection with the manufacture, sale, supply or
distribution of mechanical equipment, machinery or processes.
Section 26. Registration as junior mechanical engineer with examination.
— No examination shall be required of any person who shall, with his
application for registration as junior mechanical engineer, submitted
to the Board within one year after this Act becomes effective, present
evidence or other sufficient proof satisfactory to the Board, showing
that, on the date of the approval of this Act, he had any of the
following qualifications:
(a) Had passed a civil service examination for senior
or assistant mechanical engineer; or
(b) Was a mechanical engineer duly licensed by the
Board of Examiners for Mechanical Engineers under Act Numbered
Twenty-nine hundred and eighty-five of the Philippine Legislature of
the year nineteen hundred and twenty-one, as amended.
Section 27. Registration as certified plant mechanic without
examination. — No examination shall be required of any person who
shall, with his application for registration as certified plant
mechanic, submitted to the Board within one year after this Act becomes
effective, present evidence or other sufficient proof satisfactory to
the Board, showing that, on the date of approval of this Act:
(a) He had a specific record of ten years or more of
active practice in mechanical plant operation of a character indicating
that the applicant is competent to undertake the operation and
maintenance of mechanical works, projects or plants of less than two
hundred horsepower, has the working knowledge of and can read, write
and speak English, Spanish or any of the recognized dialects, and has
the first two qualifications specified under section 19 this Act; or
(b) He is actually employed at the approval of this
Act in the operation of a regularly organized mechanical works, project
or plant of less than two hundred horsepower capacity without serious
accident as certified by his employer: Provided, however, That his
registration will be valid only for the woks, project or plant where he
is actually employed.
Section 28. Issuance of certificates. — The
Secretary of Public Works and Communications shall, upon recommendation
of the Board, issue a certificate of registration upon payment of the
registration fee as provided for in this Act, to any applicant who, in
the opinion of the Board after approval of his ratings by the Secretary
of Public Works and Communications, has satisfactorily met all the
requirements specified in this Act for the particular grade for which
he is registering.
All certificates of registration shall show the full name of the
registrant, shall have a serial number, and shall be signed by all
members of the Board, the Secretary of Public Works and Communications
and the Commissioner of Civil Service, and shall be attested by the
official seal.
The issuance of a certificate of registration by the Board to a
registrant shall be evidence that the person named therein is entitled
to all the rights and privileges of a Registered Professional
Mechanical Engineer, Mechanical Plant Engineer, Junior Mechanical
Engineer, Certified Plant Mechanic, as the case may be, while said
certificate remains unrevoked or suspended.
Section 29. Seal of professional mechanical engineer. — Each registrant
for the grade of professional mechanical engineer shall, upon
registration, obtain a seal of a design prescribed by the Board,
bearing the registrant's name, the certificate number, and the legend
"Registered Professional Mechanical Engineer." Plans, specifications,
reports and other professional documents prepared by or executed under
the immediate supervision of, and issued by a registrant, shall be
stamped on every sheet with said seal when filed with government
authorities or when submitted or used professionally: Provided, That it
shall be unlawful for any one to stamp or seal any document with said
seal after the certificate of the registrant named therein has been
revoked or suspended, unless said certificate shall have been
reinstated or reissued.
Section 30. Fees for examination and registration. — Every applicant for
examination for the grade of professional mechanical engineer or
mechanical plant engineer, shall pay an examination fee of thirty
pesos; for the grade of junior mechanical engineer, twenty pesos; and
for the grade of certified plant mechanic, a fee of ten pesos; which
fee shall accompany the application.
Every registrant for the grades of professional mechanical engineer,
mechanical plant engineer and junior mechanical engineer shall pay a
registration fee of ten pesos; and for certified plant mechanic, a fee
of five pesos: Provided, That when an applicant is registered, without
examination, for the grade of professional mechanical engineer or of
mechanics plant engineer, he shall be required to pay a registration
fee of thirty pesos; for the grade of junior mechanical engineer,
twenty pesos; and for the grade of certified plant mechanic, a fee of
ten pesos.
Section 31. Refusal to issue certificate. — The Board of Mechanical
Engineering Examiners shall refuse to issue a certificate to any person
convicted by a court of competent jurisdiction of any criminal offense
involving moral turpitude, or to any person of unsound mind. In the
event of a refusal to issue certificate for any reason the Board shall
give to the applicant a written statement setting forth its reason for
such action, which statement shall be incorporated in the record of the
Board.
Section 32. Suspension and revocation of certificates. — The Board shall
have the power, upon proper notice and hearing, to suspend or revoke
any certificate of registration of any registrant for any cause
specified in the preceding section, or for the use or perpetration of
any fraud or deceit in obtaining a certificate of registration, or for
gross negligence or incompetency, or for unprofessional or dishonorable
conduct: Provided, however, That the action of the Board shall be
subject to appeal to the Secretary of Public Works and Communications
whose decision shall be final.
It shall be sufficient ground for the revocation of a certificate
issued under this Act, for unprofessional or dishonorable conduct, that
he has (1) signed and affixed his seal on any plans, designs, technical
reports, valuations, specifications, estimates, or other similar
documents, or works not prepared by him or not executed under his
immediate supervision, or (2) represented himself as having taken
charge of, undertaken or supervised the design, construction, erection,
installation, or alteration of a mechanical works, project or plant,
without actually having done so; or (3) represented himself as having
performed mechanical engineering service in connection with the
manufacture, sale, supply or distribution of mechanical equipment,
machinery or process, without actually having done so, or (4)
represented himself as having managed, operated, tended or maintained a
mechanical works, project or plant without actually having done so.
Any person or persons, firm, association or corporation, may prefer
charges in accordance with the provisions of this section, against any
registrant; or the Board itself may motu proprio investigate and/or
take cognizance of acts and practices constituting sufficient cause for
suspension or revocation of the certificates of registration by proper
resolution or order. Such charges shall be in writing, and shall be
sworn to by the person making them and shall be filed with the
secretary of the Board.
Section 33. Reissue of revoked certificates and replacement of lost
certificate. — The Board may, after the expiration of one year from the
date of revocation of a certificate for reasons it may deem sufficient,
entertain an application for a new certificate of registration from a
person whose certificate has been revoked, in the same manner as
applications for original ones, and in doing so it may, in its
discretion, exempt the applicant from the necessity of undergoing an
examination.
A new certificate of registration to replace any certificate lost,
destroyed or mutilated may be issued, subject to the rules of the
Board, and a charge of five pesos shall be made for such issuance.
Section 34. Special permit. — The Board may, in its discretion and
subject to the approval of the Secretary of Public Works and
Communications, issue a special permit for the practice in a specified
line, branch, or activity of mechanical engineering for a specified
design, investigation or construction project or in a specified plant
or organization to any person already holding a valid certificate of
registration issued by any Board of engineering examiners in the
Philippines, who shall, with his application, present evidence or other
sufficient proof satisfactory to the Board indicating that he is
competent to perform the service or line or activity for which he
applies for said special permit, and that the issuance of such permit
is necessary and of urgent importance and will not jeopardize the
interest of any person duly registered for the practice of mechanical
engineering under this Act.
A special permit may also be granted to any person who has been
rendering satisfactory supervisory service, without any serious
accident, in a regularly organized mechanical works, project or plant
for a period of not less than three years prior to the approval of this
Act, and shall have filed his application therefor within one year from
the approval of this Act: Provided, however, That the Board may renew
said special permit whenever necessary and not in conflict with the
spirit of this Act.
Such special permit shall be subject to all the provisions and
requirements of this Act and the rules and regulations adopted by the
Board pertaining to certificates of registration, and may be suspended,
revoked or reissued by the Board in the manner prescribed for
certificates of registration. Any parson who has been granted a special
permit shall, for purposes of compliance with the provisions of this
Act, be considered as registered in the Board of Mechanical Engineering
Examiners, while said permit is still valid.
Every special permit shall automatically be void six months from the
date of its issuance, unless expressly issued for a shorter period. No
person shall hold more than one special permit at one time.
A fee of ten pesos shall be collected for the issuance of a special
permit.
ARTICLE III
Sundry Provisions Relative to the Practice of Mechanic Engineering
Section 35. Prohibitions in the practice of mechanical engineering:
penal provisions. — Any person who shall practice, or offer to
practice, mechanical engineering in the Philippines without being
registered or exempted from registration in accordance with the
provisions of this Act, or any person representing or attempting to use
as his own the certificate of registration or the seal of another, or
any person who shall give any false or forced evidence of any kind to
the Board or to any member thereof in obtaining a certificate of
registration, or any person who shall falsely impersonate any
registrant or like or different name, or any person who shall attempt
to use a revoked or suspended certificate of registration, or any
person who shall use in connection with his name or otherwise assume,
use, or advertise any title or description tending to convey the
impression that he is a mechanical engineer or that he is registered
under any of the grades enumerated in section eleven of this Act,
without holding a valid certificate of registration for that grade, or
any person who shall violate any of the provisions of this Act, shall
be guilty of a misdemeanor and shall, upon conviction, be sentenced to
a fine of not less than one hundred pesos nor more than one thousand
pesos, or to suffer imprisonment for a period not exceeding three
months, or both, in the discretion of the court.
Section 36. Field of action authorized for each grade; prohibitions. —
It shall be unlawful for any person, unless exempted from registration
under section fourteen of this Act:
(a) To be in responsible charge of the preparation of
plans, designs, investigations, valuation, technical reports,
specifications, or estimates, or to be in performance of other
professional mechanical engineering service for any mechanical works,
project or plant, either for himself or for others, unless he holds a
valid certificate of registration as professional mechanical engineer.
(b) To be in responsible charge of the construction,
erection, installation or alteration or of the performance of
mechanical engineering service in connection with the manufacture,
sale, supply or distribution of any mechanical equipment, machinery or
process for any mechanical works, project or plant, either for himself
or for others, unless he holds a valid certificate of registration as
professional mechanical engineer or mechanical plant engineer.
(c) To operate, tend, or maintain, or be in charge of
the operation, tending, or maintenance of any mechanical equipment,
machinery or process for any mechanical works, project or plant of
twenty horsepower or more but of less than two hundred horsepower,
unless he holds a valid certificate of registration as professional
mechanical engineer, plant engineer, junior mechanical engineer, or
certified plant mechanic.
(d) To operate, tend, or maintain, or be in charge of
the operation, tending or maintenance of any mechanical equipment,
machinery, or process for any mechanical works, project or plant of two
hundred horsepower or more, unless he holds a valid certificate of
registration as professional mechanical engineer, or mechanical plant
engineer.
Section 37. Personnel required in mechanical
plants. — Every mechanical works, project, or plant, in operation shall
have not less than the following complement of resident engineers or
mechanics duly registered under this Act:
(a) Twenty horsepower or over but below two hundred
horsepower, one certified plant mechanic, or one mechanical engineer of
any rank;
(b) Two hundred horsepower or over but below one
thousand horsepower, one mechanical plant engineer or one professional
mechanical engineer;
Provided, That every mechanical works, project or plant operating in
more than one shift every twenty-four hours, shall have, in addition to
the minimum personnel herein required, one certified plant mechanic or
one mechanical engineer of any rank in charge of each and every
additional shift.
(c) Mechanical works, projects or plants of one
thousand horsepower or more shall have at least one resident mechanical
plant engineer or professional mechanical engineer, in charge of each
shift.
Section 38. Preparation of plans and supervision of construction by
registered engineers required. — It shall be unlawful for any person to
order or otherwise cause the construction, erection, installation, or
alteration of any mechanical equipment, machinery, or process for any
mechanical works, project or plant of twenty horsepower or more, unless
designs, plans, layouts, and/or specifications have been prepared under
the responsible charge of, signed and sealed by a registered
professional mechanical engineer, and unless the construction,
erection, installation, and/or alteration thereof are executed under
the responsible charge and direct supervision of a registered
mechanical plant engineer, or a person exempt from registration under
section (c) or (d) of section 14 of this Act.
Section 39. Application to firms and
corporations. — A firm or a co-partnership, or a corporation, or an
association may engage in the practice of mechanical engineering in the
Philippines, provided only that such practice is carried on by
professional mechanical engineers, or mechanical plant engineers, or
junior mechanical engineers, or certified plant mechanics, holding
valid certificates of registration issued by the Board.
In the case of a firm, co-partnership, corporation, association,
society or company, the manager, administrator, or the person who has
charge of the management or administration of the business shall be
held personally liable for any violation of this Act.
Section 40. Posting of certificates. — The owner, manager or other
person in charge of any mechanical works, project or plant of twenty
horsepower or more, of a firm, co-partnership, corporation, or
joint-stock association shall post or cause to be posted in a
conspicuous place within such plant or other place of business, the
certificate of registration of the engineer or engineers and of the
certified plant mechanic or mechanics employed in such plant, in a
frame protected by transparent glass or its equivalent.
Section 41. Roster of engineers and mechanics. — A roster showing the
names and places of business of all registered professional mechanical
engineers, mechanical plant engineers, junior mechanical engineers, or
certified plant mechanics, shall be prepared by the Commissioner of
Civil Service during the months of January and July of each year,
commencing one year from the date this Act becomes effective. Copies of
this roster shall be mailed to each person so registered, placed on
file with the Secretary of Public Works and Communications, and copies
furnished to all Department Heads, to the Mayors of all chartered
cities, to the Director of Public Works, to such other bureaus,
governmental agencies, and municipal and provincial authorities as may
be deemed necessary, and to the public upon request.
Section 42. Foreign reciprocity. — No foreign engineer or mechanic shall
be admitted to examination, be given a certificate of registration or
be entitled to any of the rights or privileges under this Act unless
the country of which he is a subject or citizen specifically permits
Filipino mechanical engineers and/or mechanics to practice within its
territorial limits on the same basis as the subjects or citizens of
such country.
Section 43. Enforcement of the Act by officers of the law. — It shall be
the duty of all duly constituted officers of the law, of the national
government, of any provincial, city or municipal government or of any
political subdivision thereof, to enforce the provisions of this Act
and to prosecute any person violating same. The Secretary of Justice or
his assistant shall act as legal adviser of the Board and render such
legal assistance as may be necessary in carrying out the provisions of
this Act.
Section 44. Act not affecting other professions. — This Act shall not be
construed to affect or prevent the practice of any other legally
recognized professions.
ARTICLE IV
Final Provisions
Section 45. The sum of two thousand pesos is hereby appropriated, out of
any funds in the National Treasury not otherwise appropriated, to be
disbursed by the Secretary of Public Works and Communications in
accordance with the provisions of this Act, for the year nineteen
hundred and thirty-eight. All sums collected in accordance with this
Act shall be paid into the National Treasury as part of the general
funds thereof: Provided, That, during the first twelve months of the
operation of this Act, any portion of the sums collected may be used
for the purposes of this Act to cover disbursements in excess of the
amount appropriated therein.
Section 46. If any section or sections of this Act shall be declared
unconstitutional or invalid, this shall not invalidate any other
sections of this Act.
Section 47. All laws, parts of laws, orders, ordinances, or regulations
in conflict with the provisions of this Act, including parts of Act
Numbered Twenty-nine hundred and eighty-five, as amended, as pertain to
the practice of mechanical engineering, shall be and are hereby
repealed.
Section 48. This Act shall take effect upon its approval, except
sections thirty-five to forty, inclusive, which shall take effect one
year after this Act becomes effective.
Approved: June 9, 1938. |