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PRESIDENTIAL DECREE NO. 1536
PRESIDENTIAL DECREE NO. 1536 -
REGULATING THE PRACTICE OF THE METALLURGICAL ENGINEERING PROFESSION IN
THE PHILIPPINES AND PROVIDING FOR THE LICENSING AND REGISTRATION OF
METALLURGICAL ENGINEERS
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chanroblesvirtualawlibrary
WHEREAS
while other profession are protected from the influx of foreign
practitioners, metallurgical engineers have been left to complete on
their own ways with foreign metallurgical engineers and
non-metallurgical engineers practising tasks;chanroblesvirtualawlibrary
WHEREAS, there is a need to regulate the practice of the metallurgical
engineering profession in the country and to protect the metal industry
from unscrupulous practitioners; and
WHEREAS, in order to give justice to them men who have pioneered in
this profession to enhance the development of our metal industry, it is
now high time for the government which will be responsible for the
promotion, development and implementation of the rules and regulations
of the discipline in order to sustain the need of one of the fastest
growing industries in the Philippines, today, the metal industry.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution, do hereby
order and Decree: chanroblesvirtualawlibrary
ARTICLE I
Section 1. Title of Decree. — This Decree shall be
known as the "Metallurgical Engineering Law of the Philippines."
Section 2. Creation and Composition of the Board. —
Within thirty days and effectivity of this Decree, there shall be
created a Board of Metallurgical Engineering, hereinafter referred to
as the "Board", to be composed of three members, all of whom shall be
appointed by the President of the Philippines upon recommendation of
the Professional Regulation Commission from among those organizations
involved in minerals and metals processing or studies. One of the
appointed members of the Board shall be designated as Chairman.
Section 3. Powers Vested in the Board. — The Board
is hereby empowered to administer oaths; to issue, suspend and revoke
certificates of registration for the practice of metallurgical
engineering; to investigate violations of this Decree and for this
purpose it may, under the hand of its chairman and seal of the Board,
subpoena witnesses and compel their attendance; to inspect
metallurgical plants; to look into the conditions affecting the
teaching and practice of metallurgical engineering in the Philippines;
to recommend the adoption of such rules and regulations and other
measures as may be deemed proper for the enforcement of this Decree;
and to discharge such other duties as the Board may deem necessary for
the maintenance of ethical and technical standards of the metallurgical
profession.
Section 4. Qualifications of Board Members. — Each
members of the Board shall at the time of his appointment:cralaw:red
(1) Be a citizen of the Philippines; chanroblesvirtualawlibrary
(2) Be a holder of at least the degree of Bachelor
of Science in Metallurgical Engineering of Metallurgy with at least
five years experience in metallurgical practice as defined in Section
12 of this Decree after graduation, or a holder of the degree of Doctor
of Science of Philosophy in Metallurgical or Mineral Engineering or
Metallurgy with at least two years experience in metallurgical work;chanroblesvirtualawlibrary
(3) Be registered and legally qualified to practice
metallurgical engineers in the Philippines, except for the members of
the first Board who shall automatically be registered under the
provisions of this Decree; and
(4) Not be a member of the faculty of any school,
college or university, where degrees in metallurgy, metallurgical
engineering or mining engineering are granted, nor has pecuniary
interests in such institution at least two years before his appointment
as members of the Board.
(5) Must be recommended by a bona fide professional
mineral or metal organization of the Philippines.
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
Decree shall hold office for the following: One member, (who shall be
the Chairman of the Board) for one year, one member for two years and
one member for three years. The Chairmanship of his last tenure year as
member of the Board. In case of death, incapacity or removal for cause
of any member, a new member shall be appointed by the President of the
Philippines, and shall serve the unexpired portion of the term of
his predecessor. chanroblesvirtualawlibrary
Section 6. Executive Office and Secretary of the
Board. — The Professional Regulation Commission shall designate an
executive officer of the Board who shall conduct the examination given
by it. The Secretary of the Professional Regulation Commission shall
also be the Secretary of the Board. All records and minutes of the
deliberation of the Board, including examination papers, shall be kept
by the Professional Regulation Commission under the direct custody of
the Secretary.
Section 7. Removal of Board Members. — The President
may remove any members of the Board for continued neglect of duty or
incompetency, or for unethical or immoral conduct, after having given
the member concerned an opportunity to defend himself in a proper
administrative investigation.
Section 8. Compensation of the Board. — The members
of the Board shall receive compensation at the current rate of the
other Boards of Engineering. A member of the Board who is, at the same
time, a government employee shall receive the compensation herein
provided in addition to his salary. All fees shall be received by the
Professional Regulation Commission which shall pay all authorized
compensations and expenditures of the Board.
Section 9. Rules and Regulations. — The Board may,
subject to the approval of the Professional Regulation Commission,
adopt such rules and regulations as may be necessary to carry out the
provisions of this Decree.
Section 10. Submission of Annual Report. — The Board
shall submit an annual report to the President of the Philippines
through the Commissioner of the Professional Regulation Commission
after the close of each calendar year, giving a detailed account of its
proceedings during the year and making such recommendation as it may
deem proper.
ARTICLE II
REGISTRATION AND EXAMINATION
Section 11. Inhibition from practising the
Metallurgical Engineering Profession. — Unless exempt from
registration, no person shall practise or offer to practise metallurgy
or metallurgical engineering in the Philippines as defined in this
Decree, without having previously obtained a certificate of
registration as Metallurgical Engineering from the Board of
Metallurgical Engineering created under this Decree; and in the case of
foreigners, unless the country of which he is a citizen permits
Filipino metallurgical engineers to practise their profession within
their territorial limits.
Section 12. Definition of Terms. — (a) A person
shall be deemed to be practising metallurgical engineering within the
meaning and intent of this Decree who shall, for a fee, salary or other
reward or compensation, paid to him or through another person, or even
without such reward or compensation, render or offer to render
professional service in metallurgy or metallurgical engineering in the
form of consultation, investigation, valuation, planning, designing or
supervision of operation.
(b) The term metallurgy or metallurgical engineering
as used in this Decree, shall mean the teaching and practice of the
science and technology of preparing minerals and metals from ores by
separating them from mechanical mixture and chemical combination and/or
finally processing them for use. Metallurgy or metallurgical
engineering embraces:cralaw:red
1. Mineral Processing and Extractive Metallurgy —
the scientific, engineering and economic aspects of the preparation,
separation, extraction and purification of ores, metals and mineral
products by physical and chemical processes such as roasting, and
smelting, hydro-metallurgical processes such leaching,
electro-metallurgical processes such as electric smelting and
electrolysis other similar processes.
2. Physical Metallurgy — processes specifically
relating to the control of microstructure of metals and its alloys such
as heat treatment and surface hardening; quality control in allowing
operations to meet specification of metal allows; and metallographic
studies. These apply to powder, mechanical, nuclear and vacuum
metallurgy.
3. Fuel Technology — fuel preparation processes such
as washing, flotation, heavy media separation including carbonization,
gasification and cooking operations.
Section 13. Exemption from Registration. —
Registration shall not be required of the following classes of persons
upon proper application for exemption with the Board of Metallurgical
Engineering:cralaw:red
(a) Foreign consultants, engineers and technicians
called in by the Republic of the Philippines for consultation or for
specific assignment or project.
(b) Foreign consultants, engineers and technicians
employed by private firms for which the pertinent professional society
certifies that no qualified Filipino is available, in which case the
Board may, in its discretion, allow then to practise without
registration: Provided, That the private firm shows justification for
the need of said consultants, engineers and technicians to the
satisfaction of the Board: Provided, further, That the period of
employment shall be for one (1) year extendable for another year but
not to exceed three (3) years for any one individual.
Employment of foreigners under paragraphs (a) and (b) of this section
shall be subject to the following conditions:cralaw:red
1. That the applicant is of good reputation and
moral character;chanroblesvirtualawlibrary
2. That the applicant's curriculum vitae and
detailed description of his assignment shall be submitted to the Board
together with his application for exemption;chanroblesvirtualawlibrary
3. That the applicant will not engage in private
practice on his own account;chanroblesvirtualawlibrary
4. That for every applicant one Filipino understudy
who is registered under the provisions of this Decree shall be employed
by the private firm utilizing the services of such applicants for at
least the duration of the foreign expert's tenure with said firm; and
5. That the applicant is legally qualified to
practice his profession in his own state or country and that the
country of which he is a citizen or subject permits Filipino
metallurgical engineers and metallurgists to practise their profession
within its territorial limits.
(c) 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
Decree.
Section 14. Examination Required. — Except as
otherwise specifically allowed under the provisions of this Decree, all
applicants for registration for the practice of metallurgical
engineering shall be required to undergo an examination as provided for
in this Decree.
Section 15. Qualification for Examination. — In
order to be admitted to the metallurgical engineering examination, an
applicant shall establish to the satisfaction of the Board that:cralaw:red
(1) He is a citizen of the Philippines or if a
foreigner, his country must accord reciprocity with the
Philippines; chanroblesvirtualawlibrary
(2) He is at least twenty-one years of age;chanroblesvirtualawlibrary
(3) He is a good reputation and moral character; and
(4) He is graduated from school, college, university
or institute recognized by the government with the least:cralaw:red
(a) Bachelor of Science in Metallurgical Engineering
or Metallurgy or its equivalent, the course for which covers not less
than the total number of credit units equivalent to the regular course
in metallurgical engineering; or (b) Bachelor in Science in Mining
Engineering or Chemical Engineering and in addition has had at least
five years experience in any or all of metallurgical engineering
practice as defined in Section 12 of this Decree; or
(c) Bachelor of Science in any other engineering
disciplines and in addition has had at least 10 years experience in any
or all of the metallurgy or metallurgical engineering practice as
defined in Section 12 of this Decree: Provided, That the said
experience is certified by the applicant's employer and approved by the
Board: Provided, further, That said other engineering professions shall
give the same privilege to graduate of metallurgy or metallurgical
engineering.
Section 16. Exemption from Examination. — A person
may be registered as metallurgical engineer and given a license to
practice as metallurgical engineer without examination, who, on the
date of approval of this Decree:cralaw:red
(a) Had graduated from a school, college or
university recognized by the government with a degree of Bachelor of
Science in Metallurgy or Metallurgical Engineering, and has had at
least five (5) years experience in any or all of the metallurgical
practice as defined in Section 12 of this Decree after graduation;
or chanroblesvirtualawlibrary
(b) Had graduated with a degree of Master of Science
in Metallurgy or Metallurgical Engineering or its equivalent and has
had at least two (2) years experience in any or all of the
metallurgical practice as defined in Section 12 of this Decree; or
(c) Had graduated with a degree of Doctor or
Philosophy in Metallurgy, Metallurgical Engineering or Doctor of
Science in Metallurgy, Metallurgical Engineering; or
(d) Had graduated from a school, college,
universities or institute recognized by the government with a Bachelor
of Science in Mining or Chemical Engineering; and has had at least ten
(10) years experience in any metallurgical practice as defined in
Section 12 of this Decree after his graduation; or
(e) Had graduated with a degree of Bachelor of
Science in any other engineering discipline and in addition has had at
least 15 years experience in any metallurgical practice as defined in
Section 12 of this Decree after his graduation; or
(f) Are foreign metallurgists or metallurgical
engineers, who had been in the actual and bona fide practice or
metallurgy or metallurgical engineering for at least five consecutive
years in the Philippines as approved by the Board; Provided, That no
foreign metallurgical engineer or metallurgist shall be allowed to
practice his profession in the Philippines unless the country of which
he is citizen or subject permits Filipino metallurgical engineers or
metallurgists to practise their profession within its territorial
limits; and Provided, further, That the required experience mentioned
above is certified by the applicant's employer and approved by the
Board.
All applicants for exemption from examination shall submit to the Board
of Metallurgical Engineering the following:cralaw:red
1. Diploma or transcript of records of Board
Registration Certificate Number. chanroblesvirtualawlibrary
2. A metallurgical engineering report which shall
serve as a basis whether applicant, in the opinion of the Board,
deserves exemption from examination.
All applications for registration without examination shall be filed
within two (2) years from the date of effectivity of this Decree,
except for those who graduated with a Doctorate degree who may apply at
anytime.
Section 17. Qualification of Applicants for
Metallurgical Plant Foreman. — Any person applying for a certificate of
registration without examination as Metallurgical Plant Foreman, shall,
prior to his admission for certification, establish to the satisfaction
of the Board that:cralaw:red
1. He is a citizen of the Philippines;chanroblesvirtualawlibrary
2. He is of good reputation and moral character;chanroblesvirtualawlibrary
3. He has at least ten years experience in any
metallurgical works as defined in Section 12 of this Decree and as
certified applicant's present employer.
The Board shall, subject to the approval of the Professional Regulation
Commission, adopt such rules and regulations as may be necessary to
classify metallurgical foremen to such metallurgical plants as
concentrators, foundries, smelters, refineries and any other specific
classifications as may be found necessary.
Section 18. Date and Scope of Examination. —
Examinations for the practice of Metallurgical Engineering in the
Philippines shall be given on the second Monday of February and August
of each year. Unless modified by the Board and approved by the
Commission, the examination shall cover questions relating to: chanroblesvirtualawlibrary
1. Mineral Processing, Physical Metallurgy, Assaying
and Chemistry;chanroblesvirtualawlibrary
2. Extractive and Applied Metallurgy;chanroblesvirtualawlibrary
3. Fuel Technology, Foundry, and Refractory Science;chanroblesvirtualawlibrary
4. Engineering Management, Law and Ethics;chanroblesvirtualawlibrary
5. Applied Mathematics and Mechanics and any other
pertinent subjects as the Board may deem necessary to test the
applicant's ability and knowledge to insure safety, economy and
proficiency in the design, construction, installation maintenance,
operation, organization and management of metallurgical plants:
Provided, That the relative weight of 1 and 2 subjects shall not be
less than thirty per cent each.
Section 19. Report of Rating. — The Board of
Metallurgical Engineering shall, within ninety days after the
examination, report and ratings obtained by each candidate to the
Commissioner of the Professional Regulation Commission.
Section 20. Issuance of Certificate. — The Board of
Metallurgical Engineers shall issue certificates of registration to:cralaw:red
a. Examinees who have successfully passed the board
examinations for metallurgical engineers and have complied with the
requirements of the rules and regulations prescribed by the Board;chanroblesvirtualawlibrary
b. Persons who have applied for registration without
examination and who possess the qualifications listed in Section 16 of
this Decree, and have complied with the requirements of the rules and
regulations prescribed by the Board; and
c. Applicants for Metallurgical Plant Foreman as
approved by the Board.
All certificates of registration shall state the full name of the
registrant, shall have a serial number and shall be signed by all
members of the Board, the Commissioner of PRC, and shall be attested to
by the Official seal of the Board: Provided, That the issuance of
certificate of registration by the Board to a registrant shall be
evidence that the person named therein is entitled to all rights and
privileges of a Registered Metallurgical Engineer or Metallurgical
Plant Foreman while said certificate remains unrevoked or unsuspended.
Section 21. Fees for Examination and Registration. —
Every applicant for the Metallurgical Engineer licensure examination
shall pay one hundred and fifty pesos as examination fee; one hundred
pesos as registration fee for every registrant after passing the
examination; and ten pesos as annual registration fee.
Registrants without examination shall pay one hundred and fifty pesos
plus the registration fees herein prescribed.
Section 22. Reprimand, Suspension and Revocation of
Certificate. — The Board shall have the power to reprimand any
registrant, or suspend or revoke his certificate of registration for
any cause specified in this section, or for the use or perpetuation of
any fraud or deceit in obtaining said certificate, or for gross
negligence or incompetency, or for unprofessional, dishonorable or
immoral conduct, after giving him proper notice and hearing.
It shall be sufficient for the revocation of a certificate issued under
this Decree that he has:cralaw:red
1. Signed any metallurgical report, design, or work
not prepared by him nor executed his direct and immediate supervision;
or chanroblesvirtualawlibrary
2. Represented himself as having taken charge of,
undertaken or supervised the metallurgical work in an area or of
project without actually having done so.
Any person or persons, firm, associates or corporation may file charges
in accordance with the provisions of this Section against registrant or
the Board itself may motu proprio investigate the take cognizance of
acts and practices constituting sufficient cause or suspension or
revocation of the certificate of registration by proper order or
resolution. Such charges shall be in writing and shall be sworn to by
the person making them and filed with the Secretary of the Board.
Section 23. Reissue of Revoked Certificates and
Replacement of Lost Certificates. — The Board may, after the expiration
of one (1) year from the date of revocation of a certificate of
registration for reasons it may be deem sufficient, entertain an
application for a new certificate of registration from a person whose
certificate has been revoked, in the same manner as application for an
original certificate and in doing so it may, in its discretion, exempt
the applicant from the necessity of undergoing another examination.
Issuance of certificate of registration to replace any certificate
lost, destroyed or mutilated shall be subject to the rules of the Board
and a charge at current rate shall be made for such issuance.
ARTICLE III
SUNDRY PROVISIONS RELATIVE TO THE PRACTICE OF METALLURGICAL ENGINEERING
Section 24. Prohibited in the Practice of
Metallurgical Engineering. — A person who shall practice metallurgical
engineering in the Philippines as defined, without a certificate of
registration issued in accordance with the provisions of this Decree,
or without having been declared exempt, or any person presenting or
using as his own a certificate or registration of another, or any
person who shall give any false or forged evidence, or any person who
shall give any false or forged evidence, or any person who shall
impersonate any registrant of like or different name, or any person who
shall use a revoked or suspended certificate of registration, or any
person who shall assume, use or advertise any title or description
tending to convey the impression that he is a metallurgist or
metallurgical engineer or is engaged in metallurgical work without
holding a valid certificate of registration from the Board, or any
person who shall commit misdemeanor, shall upon conviction, be
sentenced to a fine of not less than three thousand pesos nor more than
five thousand pesos, or to suffer imprisonment for a period of not less
than one month nor more than six months, or both, in the discretion of
the court.
Section 25. Practice of Firms and Corporations. — A
firm, co-partnership, company, corporation or association can practise
metallurgical engineering in the Philippines provided that such
practice is carried out by metallurgical engineers holding valid
certificates of registration issued by the Board and in the regular
employ of said firm, co-partnership, company, corporation or
association.
Section 26. Posting of Certificates. — Registered
metallurgical engineers shall post or cause to be posted in a
conspicuous place within his office or place of business his
certificate of registration as metallurgical engineer; he shall present
the same upon demand of members of the Board, or law-enforcing officers
of the national, provincial, city, or municipal governments.
Section 27. Roster of Metallurgical Engineers. — A
roster showing the names and places of business of all registered
metallurgical engineers shall be prepared by the Secretary of the Board
annually, commencing one year from the date this Decree becomes
effective. Copies of this roster may be released to any government
agency or to the public upon request. chanroblesvirtualawlibrary
ARTICLE IV
FINAL PROVISIONS
Section 28. Appropriation. — The sum of ten thousand
pesos, not otherwise appropriated, is hereby authorized to be
appropriated to be disbursed by the Professional Regulation Commission
in accordance with the provisions of this Decree. All sums collected in
accordance with this Decree shall be paid into the National Treasury as
part of the general funds thereof: Provided, That during the first
twelve months from effectivity of this Decree any portion of this sum
collected may be used for purposes of this Decree to cover
disbursements in excess of the amount appropriated herein.
Section 29. Separability Clause. — If any section or
sections of this Decree are declared unconstitutional or invalid, this
shall not invalidate any other section hereof.
Section 30. Repealing Clause. — All laws, decrees,
orders, rules and regulations or parts thereof which are in conflict
with the provisions of this Decree including parts of Act Numbered
Twenty-Nine Hundred and eighty-five, as amended, as pertain to the
practice of metallurgy, are hereby repealed or modified
accordingly. chanroblesvirtualawlibrary
Section 31. Effectivity Clause. — 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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