REPUBLIC ACT NO. 5788 - AN ACT TO
AMEND AND REPEAL CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED FORTY-ONE
HUNDRED TEN
Section 1. The title of Republic Act Numbered Forty-one
hundred and ten is hereby amended to read as follows:
"An Act to provide for Specialization in Air Conditioning and
Refrigeration in the Philippines."
Sec. 2. Section one of the same Act is hereby
amended to read as follows:
"Section 1. Title of Act. — This Act shall be known as
the "Air Conditioning and Refrigeration Specialization Law."
Sec. 3. Certificate of Specialization. — The Board
of Mechanical Engineering Examiners is hereby authorized to issue
certificate of Specialization in Air Conditioning and Refrigeration to
registered professional mechanical engineers, after they shall have
passed a special examination to be given by the Board.
"All certificates of specialization shall show the full name of the
specialist, shall have a serial number, and shall be signed by all the
members of the Board, and shall be attested by the official
seal."
Sec. 4. Section three of the same Act is hereby
repealed.
Sec. 5. Section four of the same Act is hereby
renumbered as Section three and is hereby amended to read as follows:
"Sec. 3. Powers, vested in the Board of Mechanical
Engineering Examiners. — The Board is vested with authority conformably
with the provisions of this amendatory Act, to administer the
provisions thereof, to issue, suspend and revoke certificates of
specialization in air conditioning and refrigeration 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 require the production
of books, papers, documents, etc., in a case involving the revocation
of registration, practice or offer to practice without registration.
Any member of the Board may administer oaths or affirmation to witness
appearing before the Board. If any person shall refuses 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 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 any subpoena or order
of the said court may be proceeded against in the same manner as for
the refusal to obey any other subpoena or order of the court.
"The Board shall exercise the powers conferred upon it by this Act,
shall have charge of the selection, development, preparation of all
codes, recommended standards of practice in the field of air
conditioning and refrigeration specialization and all revisions therein
to be adopted by all specialists.
"It shall cooperate with other government agencies in the promotion and
encouragement of research in the fields of air conditioning and
refrigeration.
"The Board shall inspect at least once a year; refrigerating
engineering works, projects or plants, corporation established in the
Philippines, for the purpose of adequately safeguarding life, health
and property; and shall discharge such other powers and duties as may
affect ethical and technological standards of the air conditioning and
refrigeration specialization in the Philippines.
"For the purpose of this Act the Director of Bureau of Labor Standards
and/or his duly authorized representative in the provinces and such
other competent registered engineers of chartered cities, shall be
ex-officio agents of the Board, and as such it shall be their duty to
help in the enforcement of the provisions of this Act. "
Sec. 6. Section five of the same Act is hereby
repealed.
Sec. 7. Section six of the same Act shall be
renumbered as Section four.
Sec. 8. Section seven of the same Act is hereby
repealed.
Sec. 9. Section eight of the same Act is hereby
renumbered as Section five and is hereby amended to read as follows:
"Sec. 5. Compensation of the Board. — The members of
the Board shall each receive as compensation the sum of ten pesos for
each applicant examined. All fees shall be received by the permanent
collecting officer designated by the Board of Examiners, 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 10. Section s nine, ten, eleven, twelve,
thirteen, fourteen, fifteen, and sixteen of the same Act are hereby
repealed.
SECTION 11. Section seventeen of the same Act is
hereby renumbered as Section six and is hereby amended to read as
follows:
"Sec. 6. Scope of Examination. — The scope and
procedure of the examination shall be prescribed by the Board with
special reference to the applicant's ability and experience in air
conditioning and refrigeration, 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
air conditioning and refrigerating plants or works."
SECTION 12. Section eighteen of the same Act is
renumbered as Section seven and is hereby amended to read as follows:
"Sec. 7. Report of Ratings. — The Board shall, within
one hundred twenty 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
President of the Republic of the Philippines."
SECTION 13. Section nineteen, twenty and twenty-one
of the same Act are hereby repealed.
SECTION 14. Section twenty-two of the same Act is
renumbered as Section eight and is hereby amended to read as follows:
"Sec. 8. Seal of Air Conditioning and Refrigeration
Specialist. — Each registrant for the title of air conditioning and
refrigeration specialist shall, upon registration, obtain, a seal of
design prescribed by the Board, bearing the registrant's name, the
certificate number, and the legend "Air Conditioning and Registration
Specialist" Plans, specifications, price quotations, reports and other
professional documents prepared by or executed under the immediate
supervision of, and issued by a specialist, 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 person to stamp or seal any document with said seal after the
certificate of the specialist named therein has been revoked or
suspended, unless said certificate shall have been reinstated or
reissued."
SECTION 15. Section twenty-three of the same Act is
renumbered as Section nine is hereby amended to read as follows:
"Sec. 9. Fees for examination. — Every applicant for
examination for the title of air conditioning and refrigeration
specialist, shall pay an examination fee of fifty pesos."
SECTION 16. Section twenty-four of the same Act is
renumbered as Section ten and is hereby amended to read as follows:
"Sec. 10. Refusal to issue a certificate. — The Board
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 guilty of immoral or dishonorable conduct,
or to any person of unsound mind. In the event of a refusal to issue a
certificate for any person 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 17. Section twenty-five of the same Act is
renumbered as Section eleven and is hereby amended to read as follows:
"Sec. 11. Suspension and revocation of certificates.
— The Board shall have the power, upon proper notice and hearing, to
suspend or revoke any certificate of specialization 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
specialization, or for gross negligence or incompetency, or for
unethical practice or dishonorable and unprofessional conduct:
Provided, however, That the action of the Board shall be subject to
appeal to the President.
"It shall be sufficient ground for the revocation of a certificate
issued under this Act for unethical practice or dishonorable and
unprofessional conduct, that he has: (1) signed and affixed his seal on
any plans, designs, technical reports, valuations, specifications,
quotations, estimates, or other similar documents, or works not
prepared by him; (2) represented himself as having taken charge of,
undertaken or supervised the design, construction, erection,
installation, or alteration of an air conditioning or refrigeration
works, projects or plant, without actually having done so; (3)
represented himself as having performed air conditioning or
refrigeration service in connection with the manufacture, sale, supply
or distributing of mechanical equipment, machinery or process, without
actually having done so; or (4) represented himself as having managed,
operated, tended, or maintained an air conditioning or refrigerating
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
specialist; of the Board itself may "motu proprio" investigate and/or
take cognizance of acts or practice constituting sufficient cause for
suspension or revocation of the certificate 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 18. Section twenty-six of the same Act is
renumbered as Section twelve and is hereby amended to read as follows:
"Sec. 12. 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 specialization from a person whose certificate has been revoked in
the same manner as application for original ones, and in doing so it
may, at its discretion, exempt the applicant from the necessity of
undergoing an examination.
"A new certificate of specialization to replace any certificate lost,
destroyed or mutilated may be issued, subject to the rules of the
Board, and a charge of twenty pesos shall be made for such issuance."
SECTION 19. Section twenty-seven of the same Act is
renumbered as Section thirteen and is hereby amended to read as
follows:
"Sec. 13. Penal provision. — Any person who shall
represent himself as an air conditioning or refrigeration specialist in
the Philippines without being registered, or any person presenting or
attempting to use as his own the certificate or the seal of another, or
any person who shall give any false or forged evidence of any kind to
the Board or to any member thereof in obtaining a certificate of
specialization, or any person who shall falsely impersonate any
specialist of like or different name, or any person who shall attempt
to use a revoked or suspended certificate of specialization, 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 an air conditioning and refrigeration specialist
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 five 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."
Sec. 20. Section s twenty-eight, twenty-nine,
thirty, thirty-one and thirty-two of the same Act, are hereby repealed.
Sec. 21. Section s thirty-three, thirty-four,
thirty-five and thirty-six of the same Act are hereby renumbered as
Section s fourteen, fifteen, sixteen and seventeen, respectively.
Sec. 22. This Act shall take effect upon its
approval.
Enacted without Executive
approval, June 21, 1969.
|