In view of
the continuous development in the field of aeronautical science and the
dynamic growth of civil aviation, I, FERDINAND E. MARCOS, President of
the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree:cralaw:red
Section 1. Title of the Decree. — This Decree shall
be known as the "Philippine Aeronautical Engineering Decree." chanroblesvirtualawlibrary
Section 2. Objectives. — This Decree provides for and
shall govern:cralaw:red
(a) The standardization and regulation of
aeronautical engineering;chanroblesvirtualawlibrary
(b) The examination for registration of aeronautical
engineers; and
(c) The supervision, control, and regulation of the
practice of aeronautical engineering in the Philippines.
Section 3. Creation of the Board. — There is hereby
created under the Professional Regulation Commission a Board of
Aeronautical Engineering, hereinafter referred to as the Board, which
shall be composed of a Chairman and two members, all to be appointed by
the President of the Philippines from among the registered aeronautical
engineers of recognized standing in the Philippines upon recommendation
of the Commission which shall exercise jurisdiction, general
supervision, and administrative control over the Board in accordance
with the powers vested in it under existing laws.
Section 4. Qualifications of Board Members. — No
person shall be appointed member of the Board of Aeronautical
Engineering unless at the time of his appointment, he possesses the
following qualifications:cralaw:red
(a) A citizen and resident of the Philippines;chanroblesvirtualawlibrary
(b) At least thirty-one years of age, and must be of
good moral characters;chanroblesvirtualawlibrary
(c) A holder of the degree of Bachelor of Science in
Aeronautical Engineering;chanroblesvirtualawlibrary
(d) A registered aeronautical engineer under this
Decree, with the exception of the first group of appointees;chanroblesvirtualawlibrary
(e) Had been in active practice of aeronautical
engineering or teaching of subjects thereof for at least ten years;chanroblesvirtualawlibrary
(f) Not a member of the faculty of any university,
college, institute, or school where a regular course in aeronautical
engineering is taught or review classes conducted;chanroblesvirtualawlibrary
(g) Not financially interested, directly or
indirectly, in any university, college, institute, or school where a
regular course in aeronautical engineering is taught or review classes
conducted; and
(h) Not an elective officer of any professional
association or organization of aeronautical engineering.
Section 5. Term of Office. — The Members of the Board
shall hold office for a term of three years from and after the date of
their appointment: Provided, however, That of the first appointees, to
the Board, one shall serve for a term of one year and shall
automatically be the Chairman thereof; one for two years and shall
serve as Member during the first year, then shall automatically be the
Chairman in the subsequent remaining year, and one for three years and
shall serve as Member for the first two years and shall then
automatically be the Chairman in the third year. Thereafter,
chairmanship shall be by seniority membership in the Board, serving
first as Member for the first two years, the Chairman in the third year.
No Member of the Board shall serve for more than two (2) successive
complete terms and, in case of vacancy by reason of death, resignation,
or removal of an incumbent Member, the same shall be filled for the
unexpired portion of the term of the previous incumbent. Each Member of
the Board shall qualify by taking the proper oath of office before
entering upon the performance of his duties.
Section 6. Removal of Member. — Any member of the
Board may, upon recommendation of the Commission be removed by the
President of the Philippines by reason of neglect of duty,
incompetence, commission or tolerance of irregularities in the
examinations, malpractices, or unprofessional or unethical, immoral, or
dishonorable conduct, after having given the opportunity to defend
himself in a proper administrative investigation to be conducted by the
Commission. chanroblesvirtualawlibrary
Section 7. Powers and duties of the Board. — Subject
to review by the Commission, the Board is vested with authority,
conformably with the provisions of this Decree, to —chanroblesvirtualawlibrary
(a) Administer oaths or affirmations in connection
with the performance of its functions;chanroblesvirtualawlibrary
(b) Issue, suspend or revoke certificates of
registration for the practice of aeronautical engineering for
justifiable cause;chanroblesvirtualawlibrary
(c) Study the conditions affecting the aeronautical
engineering profession in the Philippines, and exercise such powers as
may be necessary for the maintenance of good ethics, morality and
professional standards in the practice of aeronautical engineering, and
for this purpose, the Board may conduct inspection or visit to
determine compliance with this Decree and the rules and regulations
promulgated pursuant thereto, or as and in formulating, amending, or
revising policies of the Board;chanroblesvirtualawlibrary
(d) Coordinate with the Commission in prescribing,
amending, or revising collegiate courses leading to the degree of
Bachelor of Science in Aeronautical Engineering;chanroblesvirtualawlibrary
(e) Determine and impose the essential requirements
and facilities, including the minimum number and qualifications of the
teaching personnel as well as the student-teacher ratio of
universities, colleges, institutes, or schools offering courses in
aeronautical engineering and for this purpose visit and inspect the
same. The Board may deny admission to the license examinations
graduates of universities, colleges, institutes, or schools found
deficient of the essential and minimum requirements.
Permits or authorization to offer or open aeronautical engineering
course shall be based upon the written recommendation of the Board and
the representative of the Government entity concerned with the granting
of school permits or authorization.
(f) Recommend or adopt from time to time and whenever
necessary, such measures as may be deemed proper for the advancement of
the profession in keeping with the progress of the aeronautical
industry;chanroblesvirtualawlibrary
(g) Adopt and enforce a Code of Ethics for the
practice of aeronautical engineering, and to have an official seal to
authenticate its official documents; and
(h) Promulgate, subject to approval of the Commission
for their effectivity such rules and regulations as may be necessary to
carry out the provisions of the Decree.
The Code of Ethics and the rules and regulations shall be published by
the Board in the Official Gazette and shall take effect fifteen days
after the publication.
Section 8. Procedure of investigation of violations.
— The Board shall investigate all violations of the provisions of this
Decree and the rules and regulations issued thereunder as may come to
its knowledge. For this purpose, the Board shall issue subpoena and
subpoena duces tecum to secure the appearance of witnesses and the
production of books, papers, documents, records and any or all
pertinent data as may be necessary in connection with the charges
presented to or any investigation pending before the Board. Any member
of the Board may administer oaths or affirmations of witnesses
appearing before it.
The Board shall have the power to hold any person in contempt, directly
or indirectly, and impose appropriate penalties therefor.
A person of misbehavior in the presence of, or so near the Chairman or
any Member of the Board as to obstruct or interrupt the proceedings
before the same, including disrespect toward said officials, offensive
personalities toward others, or refusal to be sworn or to answer as a
witness or to subscribe an affidavit or deposition when lawfully
required to do so, may be summarily adjudged in direct contempt by said
officials and punished by a fine not exceeding P100.00.
The person adjudged in direct contempt by the Chairman of the Board or
Member thereof may appeal to the Commission and the execution of the
judgment shall be suspended pending the resolution of the appeal.
Indirect contempt shall be dealt with by the Chairman or Member of the
Board in the manner prescribed by the Revised Rules of Court.
All decisions of the Board shall be made en banc. However, hearing and
reception of evidence may be conducted by the hearing officer or
professional regulations attorney of the Commission. chanroblesvirtualawlibrary
Section 9. Compensation of Members. — Each member of
the Board shall receive a compensation of not less than fifteen pesos
for each applicant who shall take the written board examinations, and
ten pesos for each certificate of registration to be issued to
temporary registrants as provided for under Section twenty-one of this
Decree.
Any registered aeronautical engineer in the service of any branch of
the government of the Philippines appointed as Member of the Board
shall receive the same compensation herein provided, in addition to his
regular compensation in the government service. All authorized expenses
of the Board, including the compensation of the Members thereof, shall
be paid by the collecting and disbursing officer of the Commission out
of the commission out of the collection of fees and such other charges
fixed under this Decree.
Section 10. Conduct of Examinations. — The Commission
and the Board shall jointly conduct the written examinations given by
the Board in accordance with this Decree and the rules and regulations
promulgated thereunder.
Section 11. Schedule of fees. — The following fees
shall be collected by the Board from any person dealing with it:cralaw:red
(a) For the filing of application for
written examination P100.00
(b) For the issuance of certificate of
registration to successful examinees
50.00
(c) For the issuance of certificate of
registration to temporary registrants
250.00
(d) For registration without
examinations 150.00
(e) For the issuance of special permit
30.00
(f) For the reinstatement of a revoked
or suspend certificate of registration as
well as the replacement of lost, destroyed
or mutilated certificate of registration
25.00
Section 12. Annual report of the Board. — The Board
shall, within sixty days following the end of each fiscal year, submit
to the Commission an annual report on its activities during the fiscal
year just ended.
Section 13. Board of Examinations. — Unless
otherwise specifically exempted from taking the written examinations as
provided for under Section twenty of this Decree, all applicants for
registration for the practice of aeronautical engineering shall first
undergo the required written technical examinations. chanroblesvirtualawlibrary
Section 14. Qualification for examinations. — Any
person who shall apply for admission to take the written examinations
for aeronautical engineers shall establish to the satisfaction of the
Board that he has the following qualifications:cralaw:red
(a) At least twenty-one years of age;chanroblesvirtualawlibrary
(b) A citizen of the Philippines or of a foreign
country qualified to take the examinations under existing laws;chanroblesvirtualawlibrary
(c) He must be of good moral character and
reputation;chanroblesvirtualawlibrary
(d) A holder of the degree of Bachelor of Science in
Aeronautical Engineering from any institution of learning recognized by
the Government of the Philippines or of an equivalent course offered in
any institution of learning in a foreign country subject to the
provisions of existing laws; and
(e) Must not have been convicted of any crime
involving moral turpitude.
Section 15. Schedule of examinations. — Written
examinations of candidates desiring to practice aeronautical
engineering in the Philippines shall be given by the Board once a year
at a date and place to be fixed by the Commission.
Section 16. Scope of examinations. — The examinations
provided in this Decree shall consist of written test which shall cover
the following subjects: Mathematics, Aerodynamics;rcraft Structures and
Design; Powerplant Theory and Practice; andr laws and Regulations, and
such other related subjects as the Board may deem necessary; Provided,
That in case of increase in the number of subjects, the corresponding
relative weight credited for every subject shall be reduced accordingly
and the relative weights that may be deducted therefrom shall be
credited to the additional subject or subjects; Provided, further, That
the relative weights that will be deducted shall always be divisible
exactly by five. chanroblesvirtualawlibrary
Section 17. Passing average. — In order that a
candidate may be deemed to have passed the examinations successfully,
he must have obtained a general weighted average of seventy-five per
cent in all subjects, with no rating below fifty per cent in any
subject. Subject to approval of the Commission, the Board shall have
the power to prescribe, amend, or revise the subjects and their
corresponding relative weights.
Section 18. Report of Ratings. — Within ninety days
after the last day of the examinations or on such date as may be
determined by the Commission, the Board shall submit its report on the
ratings obtained by each candidate to the Commissioner of the
Commission for approval or other appropriate action. All ratings shall
be released at least seventy days before the next examination
period. chanroblesvirtualawlibrary
Section 19. Certificate of Registration. — All
successful candidates in the written examinations shall each be issued
by the Board a certificate of registration as aeronautical engineer
upon payment of the required fee. The certificate of registration, to
be signed by the Members of the Board and approved by the Commissioner
shall bear the full name of the registrant and the serial number of the
certificate, and shall be authenticated with the official seal of the
Board.
The issuance of the certificate of registration by the Board under this
Decree shall be evidence that the person named therein is entitled to
all the rights and privileges of a registered aeronautical engineer
while it remains unrevoked or unsuspended.
Before commencing the practice of aeronautical engineering, all
registrants under this Decree shall be required to take professional
oaths before the Board or before any person authorized to administer
the same.
Section 20. Registration without examinations. — The
Board may issue certificates of registration as aeronautical engineers
to the Members of the first Board and to any applicant for registration
without the necessity of taking the written examinations prescribed
under Section thirteen of this Decree: Provided, That
(a) The Members of the first Board meet all the
requirements prescribed under Section four of this Decree and
(b) The applicants for registration other than the
Members of the first Board, in addition to the requirements prescribed
under Section fourteen of this Decree, shall present evidence
satisfactory to the Board showing that on the date of approval of this
Decree (1) he has at least five years of active practice in
aeronautical engineering; and (2) he shall indicate that he could be
entrusted to perform or render professional aeronautical engineering
service.
For purposes of this section, the teaching of aeronautical engineering
in any recognized university, college, institute, or school shall be
considered as active practice of aeronautical engineering: Provided,
That the evidence thereof shall be duly certified by the Registrar of
the institution of learning concerned and under oath.
Section 21. Temporary registration; issuance of
special permits. — Upon application and payment of the required fee,
and subject to approval of the Commission, the following may be granted
temporary certificates of registration as aeronautical engineer to
practice aeronautical engineering in the Philippines; chanroblesvirtualawlibrary
(a) Aeronautical engineers from foreign countries
called for consultation or for a specific design, construction or
project, whose services in the Philippines shall be limited only to
such particular work, and such engineers are legally or technically
qualified to practice aeronautical engineering in their own country, and
(b) Any person from foreign countries employed as
technical officers or professors in such specialized branches of
aeronautical engineering as may, in the judgment of the Commission be
necessary and indispensable for the country.
Subject to approval of the Commission, the Board may issue a special
permit, renewable every year, to any person specified under this
section who shall file with it an application for the issuance of such
permit, accompanied by evidence or other proof satisfactory to the
Board showing that the applicant is competent to perform the service or
activity for which said permit is sought, and that the issuance of such
permits will not jeopardize the interests of any citizen of the
Philippines duly registered as aeronautical engineer under this Decree:
Provided, That such permit shall be subject to the rules and
regulations of the Board, and may be suspended, revoked, or reissued by
the Board in the manner prescribed for the suspension, revocation and
reissuance of the certificate of registration.
Nothing in this Decree shall be construed to prevent aeronautical
engineering students, apprentices and other persons employed or acting
as subordinates of, or undergoing training under a person holding a
valid certificate of registration, from performing any of the acts
constituting the practice of the said profession under the instruction,
control and supervision of their employer.
Section 22. Refusal to issue certificate. — The Board
may refuse to issue certificate of registration to any person convicted
by a court of competent jurisdiction of any criminal offense involving
moral turpitude, or to any person guilty of unprofessional, unethical,
immoral or dishonorable conduct, or to any person of unsound mind. In
the event of refusal to issue a certificate the Board shall forthwith
furnish the applicant a written statement setting forth its reason or
reasons for such action, which statement shall be incorporated in the
records of the Board. chanroblesvirtualawlibrary
Section 23. Suspension and revocation of certificate.
— The Board shall have the power, after proper notice, to reprimand an
aeronautical engineer, suspend, or revoke his certificate of
registration for any of the grounds enumerated in the next proceeding
section or by reason of malpractice, incompetence and gross negligence
of the registered aeronautical engineer concerned, or by reason of the
use or perpetration of any fraud, deceit, or false statement in
obtaining such certificate of registration, or refusal to join and to
remain a member of good standing of the integrated professional
organization of aeronautical engineering which is accredited by the
Commission.
Section 24. Reinstatement or replacement of
certificate. — After the expiration of two years from the date of
revocation or suspension of a certificate of registration, the Board
may, in its discretion and for reason it may deem meritorious,
reinstate the validity of a revoked or suspended certificate, or issue
a new one in lieu of the one previously revoked upon payment of the
required fee.
Section 25. Seal and its use. — All aeronautical
engineers shall obtain official seal of a design prescribed by the
Board, bearing the registrant's name, the number of his registration
certificate, and the words; "Aeronautical Engineer." Plans,
specifications, reports and such other professional documents prepared
by or executed under the immediate supervision of, and issued by an
aeronautical engineer shall be stamped on every sheet thereof with the
official seal when filed with government authorities, or when submitted
or used professionally during the life of the registrant's certificate.
It shall be unlawful for anyone to affix his official seal on any
documents after his certificate of registration has expired or has been
revoked or suspended, unless said certificate shall have been renewed,
reissued, or reinstated. chanroblesvirtualawlibrary
Section 26. Posting certificates. — The owner,
manager or other person in-charge of anyrcraft or of firm,
co-partnership, corporation, or joint corporation operating anrcraft
shall post or cause to be posted in any conspicuous place within such
station or establishment the certificate of registration of the
aeronautical engineer or engineers employed in such station or
establishment.
Section 27. Meaning of practice of aeronautical
engineering. — The practice of aeronautical engineering shall
constitute in holding out oneself as skilled in the knowledge, science,
and practice of aeronautical engineering, and as qualified to render
professional services as an aeronautical engineer; or offering or
rendering, or both, on a fee basis or otherwise, services such as
planning, designing, analyzing, constructing, assembling, installing,
altering or maintaining ofrcraft structures, power plants or
accessories through scientific or accepted engineering practice, or the
teaching of the same in any university, college, institute, or school
of learning duly recognized by the Government of the Philippines.
An aeronautical engineer shall be considered such in the practice of
his profession, if the nature and character of his employment whether
as an officer or employee in a private enterprise or educational
institution involves decision-making requiring professional knowledge
in the science of aeronautical engineering, and such employment or
position requires that the holder thereof must be an aeronautical
engineer; or if he holds or is appointed to a position in the
aeronautical engineering occupational group in the government or in
government-owned or controlled corporations, including those performing
propriety functions, where a civil service eligibility as an
aeronautical engineer is a prerequisite.
Section 28. Unlawful practice. — It shall be unlawful
for: chanroblesvirtualawlibrary
(a) Any person who, without a valid certificate of
registration shall practice or offer to practice aeronautical
engineering as defined herein or any aspect thereof in the Philippines;
or to use the title "Aeronautical Engineer" or any word, letter,
figure, or sign whatsoever, tending to convey the impression that he is
an aeronautical engineer; or to advertise or indicate in any manner
that he is qualified to perform the work of an aeronautical engineer;
and
(b) Any firm, company or corporation to engage in
designing, planning, construction, installation, alteration,
manufacture or marketing of anyrcraft and its components, accessories,
instruments, equipment and supply without the certification,
supervision, or guidance of an aeronautical engineer.
Section 29. Definitions. — The following definitions,
unless the context otherwise requires, shall govern in the application
and construction of this Decree.
(a) Commission — The Professional Regulation
Commission created under Presidential Decree No. 223 or subsequent
decree. chanroblesvirtualawlibrary
(b) Board — The Board of Aeronautical Engineering
created under Section three of this Decree;chanroblesvirtualawlibrary
(c) Aircraft — Any contrivance now known or hereafter
to be used, invented or designated for navigation of or flight in ther;chanroblesvirtualawlibrary
(d) Aeronautical engineer — is a bona fide holder of
a certificate of registration issued by the Board in accordance with
this Decree.
Section 30. Enforcement of this Decree by officers of
the law. — It shall be the duty of all duly constituted law enforcing
officers of the National Government, or of any of its agencies or
instrumentalities to enforce the provisions of this Decree and to
prosecute any person violating the same. chanroblesvirtualawlibrary
Section 31. Roster of aeronautical engineers. — A
roster showing the names, the addresses and places of business, and the
names and addresses of the employers, if they are so employed, shall be
prepared by the Commission at least once a year. Copies of this roster
shall be sent to the President, the Secretary of Public Works,
Transportation and Communications, the Director of Civil Aviation, the
Director of Public Works, the Secretary of Public Highways, the
Commissioner of Customs, any person or corporation operating and
maintainingrcrafts, and such other bureaus, government entities or
agencies as may be deemed necessary, and to the public upon request.
Section 32. Integration of Aeronautical Engineering
Profession. — The Commission shall adopt rules to effect the
integration of aeronautical engineering under such conditions as it
shall see fit in order to raise the standards of the profession and
enable it to discharge its public responsibilities more
effectively. chanroblesvirtualawlibrary
Section 33. Penalties for violations of this Decree.
— The penalty of imprisonment ranging from six months to six years and
a fine ranging from two thousand pesos to six thousand pesos, or both
such imprisonment and fine, in the discretion of the court, shall be
imposed upon:cralaw:red
(a) Any person who shall practice aeronautical
engineering in the Philippines as herein defined, without holding a
valid certificate of registration issued by the Board;chanroblesvirtualawlibrary
(b) Any person who shall give any false or fraudulent
statement to the Board or to the Commission, or both to obtain a
certificate of registration as aeronautical engineer;chanroblesvirtualawlibrary
(c) Any person who shall assume, use, or advertise as
aeronautical engineer, or append to his name, letters or words tending
to convey the impression that he is a registered aeronautical engineer
when in fact he is not duly registered with the Board as such; chanroblesvirtualawlibrary
(d) Any person who shall present or use as his own
certificate of registration issued to another under this Decree;chanroblesvirtualawlibrary
(e) Any person who shall present or use a revoked or
suspended certificate of registration as aeronautical engineer;chanroblesvirtualawlibrary
(f) Any aeronautical engineer, or any person on his
behalf, who shall stamp or seal any document with his seal as such
after his certificate of registration has expired or has been suspended
or revoked;chanroblesvirtualawlibrary
(g) Any aeronautical engineer who shall sign his
name, affix his seal, or use any other method of signature on plans,
technical description, or other documents prepared by or under another
aeronautical engineer's supervision, unless the name is prepared in
such a manner as to clearly indicate the part or parts of such work
actually performed by the former; chanroblesvirtualawlibrary
(h) Any person, except the aeronautical engineer
incharge, who shall sign for any branch of the aeronautical work, or
any function or engineering practice not actually performed by him;chanroblesvirtualawlibrary
(i) Any registered aeronautical engineer who shall
refuse to surrender to the Board as suspended or revoked certificate of
registration or special permit;chanroblesvirtualawlibrary
(j) Any person who shall commit or attempt to commit
any fraud for the purpose of obtaining a certificate of registration as
aeronautical engineer, ord in so doing, and
(k) Any person who, with or without consideration,
misrepresent that he can fix the results of the licensure examinations
for the practice of aeronautical engineering.
Section 34. Separability Clause. — If any provision
of this Decree or any portion thereof is declared unconstitutional by
any competent court, the other provisions thereof shall not be affected
thereby.
Section 35. All laws decree, executive orders, rules
or regulations, or parts thereof, in conflict with the provisions of
this Decree are hereby repealed, amended or modified accordingly.
Section 36. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 11th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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