A
collection of Philippine laws, statutes and codes
not
included or cited in the main
indices
of
theChan Robles Virtual Law Library
This page features the full text of
Republic Act No. 8495
Philippine
Mechanical Engineering Act of 1998
AN
ACT REGULATING THE PRACTICE OF MECHANICAL ENGINEERING IN THE PHILIPPINES
REPUBLIC
ACT NO. 8495
AN
ACT REGULATING THE PRACTICE OF MECHANICAL ENGINEERING IN THE PHILIPPINES
ARTICLE
I
TITLE,
STATEMENT OF POLICY AND DEFINITION OF TERMS
Section
1. Title. — This Act stall be
known as the "Philippine Mechanical Engineering Act of 1998."
Sec.
2. Statement of Policy. — The
State recognizes the importance of mechanical engineers in nation
building
and development. Their talents through sustainable human development
shall
be promoted. Thus, the State shall develop and nurture competent,
virtuous,
productive and well-rounded mechanical engineers whose standard of
professional
practice and service shall be excellent, qualitative, world-class and
globally
competitive through regulatory measures, programs and activities.
Sec.
3. Definition of Terms. — As
used in this Act, the following terms shall mean as follows:
(a) Practice
of 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 when he performs the following:chanroblesvirtualawlibrary(1) Consultation,
valuation, investigation and management services requiring mechanical
engineering
knowledge;
chanrobles virtuallaw libraryred(2) Engineering
design, preparation of plans, specifications and projects studies or
estimates
for mechanical equipment, machinery, or processes of any mechanical
works,
projects or plants;
(3) Management
or supervision of the erection installation, alteration, testing and
commissioning
of mechanical equipment, machinery, or processes in mechanical works,
projects
or plants;
(4) Management,
supervision, operation, tending or maintenance of any mechanical
equipment,
machinery or processes in mechanical work, projects or plants;
(5) Management
or supervision of the manufacture, sale, supply or distribution of
mechanical
equipment, parts or components;
(6) Teaching
of mechanical engineering professional subjects in government
recognized
and accredited engineering schools; and
(7) Employment
in government as a professional mechanical engineer, registered
mechanical
engineer, or certified plant mechanic if the nature and character of
his
work is in line with his profession, requiring professional knowledge
of
the science of mechanical engineering.
(b) Mechanical
equipment or machinery. — includes all prime movers such as steam
engines
and turbines, internal combustion engines and gas engines and turbines;
steam generators such as boiler; furnaces; heat exchanger such as
cooling
towers, kilns and dryers, coolers and heaters; materials handling
equipment,
such as pumps, cranes, conveyors, hoists, elevators, escalators,
mechanized
dumb-waters, moving ramps and walkways; heating, air-conditioning,
ventilating,
and refrigeration equipment and machinery, including compressors and
centrifugal
fans, mechanical pollution abatement and environmental control system;
piping system with a working pressure of not less than 70 kpa., fired
and
unfired pressure vessels, printing machine; mechanical working machines
for metallic and non-metallic materials and other mechanical equipment
and machinery whether installed on land, underground, or on board
watercraft.chan
robles virtual law librarychanrobles virtuallaw libraryred(c) Mechanical
processes, works, projects or plants shall include stem plants,
geothermal
plants, dendro-thermal plants, nuclear plants, ocean thermal energy
conservation
(OTEC) plants, internal combustion plants hydraulic plants, pumping
plants,
compressed gas plants, all kinds of mills, shops, factories, shipyards
drydocks, heating, air-conditioning, ventilating and refrigeration
plants
containing any mechanical equipment machinery or process deriving power
from steam, fossil fuels, wind, air, gas, water, solar heat, nuclear
energy,
ocean waves and tides, or other energy sources.
(d) Capacity
of process works, project or plant-rated capacity in kilowatt of
mechanical
works, projects or plants for the purpose of this Act shall be the
total
kilowatt rating of all engines, motors, boilers, turbines, or other
primemovers
installed for use in such works, projects or plants, whether in
operation
or not, and without regard to the number of capacities of the
mechanical
equipment, machinery or processes receiving power from or intended to
be
driven by such primemovers.
ARTICLE
II
BOARD
OF MECHANICAL ENGINEERING
Sec.
4. Creation and Composition of
the Board of Mechanical Engineering. — There is hereby created a Board
of Mechanical Engineering, hereinafter called the Board, to be composed
of a Chairman and two (2) members to be appointed by the President of
the
Philippines from a list of three (3) recommendees for each position,
chosen,
ranked in the order of preference and submitted by the Professional
Regulation
Commission, hereinafter referred to as the Commission, from a list of
five
nominees submitted by the duly accredited association of mechanical
engineers
in the Philippines. The Board shall be organized not later than six (6)
months from the effectivity of this Act.
chanrobles virtuallaw libraryred
Sec.
5. Qualification of Members of
the Board. — A member of the Board shall, at the time of his
appointment,
possess the following qualifications:chanroblesvirtualawlibrary
(a) Natural
born citizen and resident of the Philippines;chanrobles virtuallaw libraryred(b) Must
be at least thirty-five (35) years of age;
(c) Holder
of the degree of Bachelor of Science in Mechanical Engineering or its
equivalent,
conferred by a school, academy, college or university in the
Philippines
or abroad that is accredited by the Commission on Higher Education
(CHED);
(d) A
Professional Mechanical Engineer with a valid professional license and
an active practitioner as such, for not less than ten (10) years prior
to his appointment;
(e) Must
not, for a period of three (3) consecutive years prior to appointment,
be a member of the faculty of any, school, academy, institute, college
or university where a regular course in mechanical engineering is being
taught, nor have pecuniary interest in or administrative supervision
over
any such institutions of learning;
(f) Must
not, for a period of three (3) consecutive years prior to appointment,
be connected with a review center or with any group or association
where
review classes or lectures in preparation for the licensure examination
are offered or conducted at the time of appointment; and
(g) Has
never been convicted of any offense involving moral turpitude.
Sec.
6. Term of Office. — A member
of the Board shall hold office for a term of three (3) years from the
date
of his appointment or until his successor shall have been qualified and
duly appointed, unless, however, that such incumbent member has been
reappointed
for another three (3) year term. No member of the Board shall serve for
more than two (2) regular terms. Any vacancy occurring within the term
of a member due to resignation, conviction of any kind, disability or
death,
shall be filled by appointment by the President of the Philippines; and
such member appointed shall serve for the unexpired portion of the term
vacated without prejudice to serve for a maximum of two (2) full terms.
If the appointee comes from the incumbent Board, he shall serve the
remaining
vacated term in addition to the previous years he had already served
and
shall be qualified for reappointment in his new position: Provided, his
number of years of service shall not exceed two (2) regular full terms.
chanrobles virtuallaw libraryred
Each
member of the Board shall take his oath of office prior to the official
performance of his duties.
Sec.
7. Compensation and Allowances
of the Board Members. — The Chairman and members of the Board shall
receive
compensation and allowances comparable to the compensation and
allowances
being received by the Chairmen and members of existing regulatory
boards
with the Commission and as may be provided for in the General
Appropriations
Act.chan
robles virtual law library
Sec.
8. Supervision of the Board,
Custodian of it Records, Secretariat and Support Services. — The Board
shall be under the general supervision of the Commission. All records
of
the Board, including application for examination, examination papers
and
results, minutes of deliberation, administrative cases, and other
investigative
cases involving the profession shall be kept by the Commission. The
Commission
shall designate the secretary of the Board and shall provide the
Secretariat
and other support services to implement the provisions of this Act.
Sec.
9. Power and Duties of the Board.
— The Board shall exercise the following specific powers, functions,
duties
and responsibilities:
(a) To
promulgate and adopt the rules and regulations necessary for carrying
out
the provisions of this Act;chanrobles virtuallaw libraryred(b) To
supervise the registration, licensure and practice of mechanical
engineers
in the Philippines;
(c) To
administer oaths in connection with the successful examinees entering
the
practice of Mechanical Engineering;
(d) To
issue the certificate of registration to successful examinees;
(e) To
issue, suspend and/or revoke, after due process certificates of
registration
and issue, cancel and suspend professional license or cancel special
permits
for the practice of mechanical engineering, for causes provided by law;
(f) To
adopt an official seal of the Board;
(g) To
look into the conditions affecting the practice of the mechanical
engineering
profession and whenever necessary, adopt such measures as may be deemed
proper for the enhancement and maintenance of high professional and
ethical
standards of the profession;
(h) To
prescribe and/or adopt a Code of Ethical and Professional Standards for
the practice of the mechanical engineering profession.
(i) To
hear and try administrative cases involving violations of this Act, its
Implementing Rules and Regulations, the Code of Ethics for Mechanical
Engineers,
and for this purpose, to issue subpoena and subpoena duces
tecum to
secure the appearance of witnesses and the production of documents in
connection
therewith;
(j) Prescribe
guidelines in the Continuing Professional Education (CPE) program in
coordination
with accredited association of mechanical engineers;
(k) Prepare,
adopt, issue or amend the syllabi of the subjects for examinations;
(l) Approve,
issue, limit or revoke temporary license to practice mechanical
engineering;
and
(m) Discharge
such other duties and functions as may be deemed necessary for the
enhancement
of the mechanical engineering profession and the upgrading, development
and growth of mechanical engineering education in the Philippines.
Sec.
10. Annual Report. — The Board
shall, at the close of each calendar year, submit an annual report to
the
President of the Philippines through the Professional Regulation
Commission,
giving a detailed account of its proceedings and accomplishments during
the year and making recommendations for the adoption of measures that
will
upgrade and improve the conditions affecting the practice of mechanical
engineering in the Philippines.
chanrobles virtuallaw libraryred
Sec.
11. Removal of Board Member.
— The President upon recommendation of the Commission may remove any
member
of the Board on the following grounds; neglect of duty or incompetence,
violation or tolerance of the violation of this Act or the Code of
Ethics
for Mechanical Engineering, final judgment of crimes involving moral
turpitude,
after having given the member an opportunity to be heard and/or defend
himself in a proper administrative investigation.
ARTICLE
III
EXAMINATION,
REGISTRATION AND LICENSE
Sec.
12. Examination Required. — All
applicants for registration for the practice of mechanical engineering
shall be required to undergo and pass a written technical examination
as
provided for in this Act.
Sec.
13. Categories. — Certificates
of registration for the practice of mechanical engineering shall be of
three (3) categories and in order of rank as follows:
(a) Professional
Mechanical Engineer;chanrobles virtuallaw libraryred(b) Mechanical
Engineer; and
(c) Certified
Plant Mechanic.
Sec.
14. Qualification of Applicants
for Professional Mechanical Engineer. — Any applicant to the
Professional
mechanical engineering examination must, at the time of filing of his
application,
establish to the satisfaction of the Board that:chanroblesvirtualawlibrary
(a) He
is a citizen of the Philippines;chanrobles virtuallaw libraryred(b) He
must not have been convicted by a court of law of a crime involving
moral
turpitude;
(c) He
has a valid certificate of registration and he is a registered
mechanical
engineer and a holder of a valid professional license;
(d) He
has graduated from an engineering school or college of recognized
standing,
after completing an approved course in mechanical engineering;
(e) He
has specific record of a total of four (4) years or more of active
mechanical
engineering practice, reckoned from time he is registered a mechanical
engineering practice; and
(f) He
is competent to practice, as attested to by at least two (2)
professional
mechanical engineers.
Sec.
15. Qualifications of Applicants
for Mechanical Engineer. — Any person applying for examination and for
a Certificate of Registration as Mechanical Engineer shall, prior to
admission
to the examinations, establish to the satisfaction of the Board that:chanroblesvirtualawlibrary
(a) He
is a citizen of the Philippines;chanrobles virtuallaw libraryred(b) He
must not have been convicted by a court of law of a crime involving
moral
turpitude;
(c) He
holds the degree of Bachelor of Science in Mechanical Engineering from
a university, school, college, academy, or institute duly constituted
and
recognized as such by the government.chan
robles virtual law library
Sec.
16. Qualifications of Applicants
for Certified Plant Mechanic. — Any person applying for examination for
certificate of registration as Certified Plant Mechanic shall establish
to the satisfaction of the Board that:chanroblesvirtualawlibrary
(a) He
must not have been convicted by a court of law of a crime involving
moral
turpitude;chanrobles virtuallaw libraryred(b) He
has graduated from a vocational or trade school duly recognized by the
government after completing an approved course of not less than two (2)
years in stationary or power plant engineering or any mechanical plant
operation; and
(c) He
has specific record of an additional one (1) year or more of active
practice
in mechanical plant operation of such character as indicated in an
affidavit
of a registered professional mechanical engineer and, likewise
establish
to the satisfaction of the Board, that the applicant is competent to
undertake
the operation, tending and maintenance of mechanical works, projects or
plant of not less than one hundred (100) kilowatts.
Sec.
17. Scope of Examination. — The
scope of examination and the methods of procedure shall be prescribed
by
the Board with special reference to the applicant's ability to perform
the type of engineering work pertaining to the particular category he
is
to be registered in.
(a) Professional
Mechanical Engineer — The granting of professional mechanical engineer
Certificate of Registration shall be testimonial in nature which shall
include the submission of an enumeration of the applicant's experience
including the presentation of an engineering report/technical paper
pertinent
to his line of experience attested to by two (2) or more professional
mechanical
engineers in an affidavit for this purpose;chanrobles virtuallaw libraryred(b) Mechanical
Engineer — The applicant shall pass a written examination on different
subjects or group of subjects prescribed by the Board, and within the
syllabi
prepared by the Board with emphasis on power plant and industrial plant
engineering, mathematics, engineering economics, economic analysis,
laws
and ethics and machine design. The
subjects in which the applicant for Mechanical Engineers shall be
examined
are:chanroblesvirtualawlibrary1. Machine
Design, Materials & Shop Practicechanrobles virtuallaw libraryred2. Industrial
& Power Plant Engineering
3. Mathematics
Engineering Economics and basic engineering sciences
(c) Certified
Plant Mechanic — The examination for Certified Plant Mechanic may be
written
or oral on subject matters based on the following submitted statement
of
experience:chanroblesvirtualawlibrary1. Elements
of Power Plant Machinerychanrobles virtuallaw libraryred2. Elements
of Industrial Plant Machinery; and
Subject
to the approval of the Commission, the Board may amend or revise the
subjects,
their syllabi, passing average, and the system and procedure in the
licensure
examinations for the practice of mechanical engineering and the
corresponding
weight pursuant to implementing rules and regulations issued for this
purpose.
chanrobles virtuallaw libraryred
The
said subjects and their syllabi may be amended by the Board so as to
conform
to technological changes brought about by continuing trends in the
profession.
Sec.
18. Ratings. — To pass the examination,
a candidate for a professional mechanical engineer, a mechanical
engineer,
and certified plant mechanical must obtain an average of seventy
percent
(70%) on all subjects, with no rating below fifty percent (50%) in any
of the subjects.
Sec.
19. Report of Ratings. — The
Board should submit to the Commission, the ratings obtained by each
candidate
within fifteen (15) days after the examinations, unless extended for
just
cause.
Sec.
20. Re-examination. — An applicant
who fails to pass the examination for the third time shall be allowed
to
take another examination only after the lapse of one year.
Sec.
21. Oath. — All successful candidates
in the examination shall be required to take an oath of profession
before
the Board or any government official authorized to administer oaths,
prior
to entering upon the practice of the mechanical engineering.
Sec.
22. Issuance of Certificates
of Registration and Professional License. — Upon payment of the
registration
fee as established by the Commission, the Board shall issue a
certificate
of registration to any applicant who has met all the requirements
specified
in this Act for the particular category he is registering in.chan
robles virtual law library
All
certificates of registration shall indicate the full name of the
registrants,
signed by all the members of the Board and the Commission and affixed
with
the official seal of the Commission. The issuance of a certificate of
registration
by the Board to a registrant is evidence that the person named therein
is entitled to all the privileges of a registered and licensed
professional
mechanical engineer, mechanical engineer or certified plant mechanic,
as
the case may be, for as long as said certificate remains valid.
A
professional license bearing the registration number, date of issuance,
expiry date and duly signed by the chairman of the Board, shall
likewise
be issued to every registrant, provided that professional fees have
been
paid. No person shall practice mechanical engineering in this country
unless
such person shall have secured a license to practice Mechanical
Engineering
in the manner herein provided. A licensee is entitled to practice the
profession
with all the privileges appurtenant thereto until the expiration of the
validity of his license.
Subject
to the approval of the Commission, certificates of specialty shall be
issued
by the Board, subject to the approval of the Commission to Professional
Mechanical Engineers who have been screened and recommended by
accredited
mechanical engineers association. These are for specific fields in
which
the applicants have specialized knowledge, training and experience and
have documented their competence and expertise. The Board, shall
subject
to the approval of the Commission, and after consultation with said
association
concerned, prescribe and issue the necessary guidelines for the
issuance
of these certificates.
Sec.
23. Integration and Accreditation
of Mechanical Engineers. — An integrated organization of mechanical
engineers
shall be created and accredited by the Board of Mechanical Engineering
and the Professional Regulation Commission. All persons whose names now
appear in the roll of professional mechanical engineers, mechanical
engineers,
and certified plant mechanics under the custody of the Board and the
Commission,
or those who may hereafter be included therein upon registration and
payment
of the required fees shall automatically become members of the
integrated
and accredited organization of mechanical engineers. The integration of
the mechanical engineering profession shall not be a bar to the
formation
of voluntary organization of mechanical engineers which may coexist
with
the integrated and accredited organization of mechanical engineers. The
Board, subject to the approval by the Commission and after consultation
with the existing accredited organization of mechanical and other
affiliated
organization of mechanical engineers and, if possible with the
substantial
number of the mechanical engineers who are non-organization members,
shall
provide the guidelines and mechanisms for the establishment and
creation
continued supervision of the integrated and accredited organization of
mechanical engineers. The registered and licensed engineers and
certified
plant mechanics shall receive the benefits and privileges appurtenant
to
their membership in duly integrated and accredited mechanical
engineering
association only upon payment of the required fees and dues.
Sec.
24. Seal of a Professional Mechanical
Engineer. — A professional mechanical engineer shall, upon
registration,
obtain a seal of such design prescribed by the Board, bearing the
registrant's
name, the certificate number and the legend "Professional Mechanical
Engineer."
Designs, plans, specifications, project feasibility studies,
appraisals,
recommendations, technical reports, proposals, and other professional
documents
involving mechanical equipment, works, projects or plants shall be
stamped
on every sheet with said seal of the registrant when filed with
government
authorities or when submitted or used professionally: Provided, That it
shall be submitted or used professionally: Provided, that it shall be
unlawful
for any one to stamp or seal any document with the said seal after the
certificate shall have been revoked or cancelled.
Sec.
25. Non-issuance of Certificate
for Certain Grounds. — The Board shall not issue a certificate of
registration
to any person convicted by court of competent jurisdiction of any crime
involving moral turpitude, or immoral or dishonorable conduct or any
person
of unsound mind declared by a court of competent jurisdiction,
furnishing
the party concerned a written statement containing the reasons for such
action, which statement shall be incorporated in the records of the
Board.
Sec.
26. Revocation and Suspension
of Certificate. — 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 in
whatever
way of any fraud or deceit in obtaining a certificate of registration,
or for gross negligence or incompetence or for unprofessional or
dishonorable
conduct and for violation of the code of ethics for mechanical
engineers
and certified plant mechanics: Provided, That the action of the Board
shall
be subject to appeal to the Commission within fifteen (15) days from
notice,
whose decision on the matter shall be final.
Sec.
27. Grounds for Suspension and
Revocation of Licenses, Cancellation of Temporary/Special Permit. — The
Board shall have the power, upon due notice and hearing, to revoke or
suspend
the license of mechanical engineers, or to cancel a temporary/special
permit
for any cause specified in the preceding sections, including but not
limited
to: the use or perpetuation of any fraud or deceit in obtaining a
certificate
of registration, or for competence, negligence, or for abatement of the
illegal practice of mechanical engineering, violation of the provisions
of this Act, its implementing Rules and Regulations and/or violations
of
Policies of the Board including the Code of Ethics for Mechanical
Engineering:
Provided, however, That such action of the Board shall be subject to
appeal
without prejudice to the right of the aggrieved party to apply with the
proper Regional Trial Court for appropriate relief.
Sec.
28. Reinstatement and Replacement
of the Certificates. — The Board, upon application and for reasons of
equity
and justice, may reinstate the validity of a revoked certificate of
registration
and professional license, upon payment of the required fees, at least
two
(2) years after revocation. A new certificate of registration to
replace
any certificate lost, destroyed or mutilated may be issued, subject to
the rules of the Board, and upon payment of the required fee.
Sec.
29. Renewal of License. — The
professional license shall serve as evidence that the licensee can
lawfully
practice his profession until the expiration of its validity. However,
renewal of license can only be done upon payment of renewal fee
corresponding
to three (3) consecutive years.
Sec.
30. Vested Rights: Automatic
Registration of Practicing Mechanical Engineers. — All practicing
Mechanical
Engineer who are registered at the time this Act takes effect, shall
automatically
be registered.chan
robles virtual law library
Sec.
31. Coverage of Temporary/Special
Permits. — The following shall be required to secure a
Temporary/Special
Permit from the Board subject to the approval by the Commission.
(a) Mechanical
engineers, installation, commission or guarantee engineers from other
countries
called in for consultation or for a specific design or installation,
project
not requiring more than three (3) months residence in the Philippines
in
a twelve (12) month period: Provided, That such engineers are legally
qualified
to practice mechanical engineering in their own country or state in
which
the requirements and qualifications for obtaining a certificate of
registration
are at least equal to or more than those specified in this Act as
certified
by the Board;chanrobles virtuallaw libraryred(b) Foreigners
employed as technical officers, training officers or consultants in
such
special branches of mechanical engineering who, in the judgment of the
Board, are necessary and advantageous for the country particularly in
the
aspects of technology transfer, may be issued temporary permits:
Provided,
That such engagements have satisfied conditions, as may be deemed
necessary
as follows:chanroblesvirtualawlibrary(1) Non-availability
of a mechanical engineer and/or mechanic in the country who is
competent,
able and willing at the time of engagement to perform the service for
which
the foreigner is desired for;chanrobles virtuallaw libraryred(2) The
foreigner must have been in the prior employ of the engaging firm, or
its
foreign business partner, outside of the Philippines for a period of
not
less than one (1) year immediately preceding the date of his engagement;
(3) Any
particular or specific engagement shall not be in excess of six (6)
months
but may be renewed once, if necessary except when such engagement is
for
a newly established firm in which case the period of engagement may be
for a longer term but not to exceed a total term of two (2) years.
Sec.
32. Indication of License and
Professional Tax Receipt. — The Mechanical Engineer shall be required
to
indicate his Professional License number, the duration of validity,
including
the professional tax receipt number on the documents he signs, uses or
issues in connection with practice of his profession.
ARTICLE
IV
PRACTICE
OF THE PROFESSION
Sec.
33. Field of Action Authorized
for Each Category: Prohibition. — It shall be unlawful for any person,
unless authorized under this Act:
(a) to
be in responsible charge of the preparation of plans, designs,
investigations,
valuation, technical reports, specifications, project studies or
estimates
or to be in performance of other professional mechanical engineering
activities
unless he is a duly licensed Professional Mechanical Engineer.chanrobles virtuallaw libraryred(b) to
teach professional subjects in mechanical engineering course unless he
is a duly licensed Professional Mechanical Engineer, or a Master's
degree,
or Doctorate degree holder in mechanical engineering.
(c) to
be in responsible charge of the construction, erection, installation,
alteration,
or of the performance of a mechanical engineering service in connection
with the manufacture, sale, supply or distribution of any mechanical
works,
project or plant either for himself or for other, unless he is a duly
registered
Professional Mechanical Engineer or Mechanical Engineer.
(d) to
operate, tend or maintain, or be in-charge of the operation, tending,
or
maintenance of any mechanical works, projects, plant of 100 kw., or
more
but not more than 300 kw unless he is a duly licensed Professional
Mechanical
Engineer, Mechanical Engineer or Certified Plant Mechanic.
(e) 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, projects or plants of 300 kilowatts or above but not
more than 2000 kw unless he is a duly licensed Professional Mechanical
Engineer or Mechanical Engineer.
(f) to
operate, tend or maintain, or to be in charge of the operation, tending
or maintenance of any mechanical equipment, machinery process for any
mechanical
works, projects or plants of over 2000 kw unless he is a duly licensed
Professional Mechanical Engineer.
Sec.
34. Personnel Required in Mechanical
Plant. — Every mechanical work project or plant in operation shall have
not less than the following complement of resident licensed
professional
mechanical engineer, mechanical engineer or certified plant mechanic:chanroblesvirtualawlibrary
(a) 100
kw or over but not more than 300 kw: one (1) certified plant mechanic,
or more mechanical engineer or one (1) professional mechanic engineer:
Provided, That every mechanical work, project, or plant in this
category
operating in more than one shift every twenty-four hours, shall have in
addition to the minimum personnel herein required, one (1) certified
plant
mechanical, or one (1) mechanical engineer, or one (1) professional
mechanical
engineer in-charge of each and every additional shift.chan
robles virtual law library(b) 300
kw or over, but not more than 2000 kw: one (1) mechanical engineer or
one
(1) professional mechanical engineer or one (1) professional mechanical
engineer: Provided, That every mechanical work, project, or plant in
this
category operating in more than one shift every twenty-four (24) hours
shall have, in addition to the minimum personnel herein required at
least
one (1) mechanical engineer, or one (1) professional mechanical
engineer
in-charge of each and every additional shift.
(c) Over
2000 kw: one (1) professional mechanical engineer: Provided, That every
mechanical work, project or plant in this category operating in more
than
one shift every twenty-four (24) hours shall have, in addition to the
minimum
personnel herein required at least one (1) professional mechanical
engineer
in-charge of each and every additional shift.
Sec.
35. Preparation of Plans and
Supervision of Construction by Licensed Engineers Required. — It shall
be unlawful for any person to order or otherwise cause the fabrication,
construction, erection, installation or alteration of any mechanical
equipment,
machinery or process for any mechanical works, projects, or plants,
unless
the designs, plans, layouts or specifications have been prepared by or
under the responsible charge of, and duly signed and sealed by a
Professional
Mechanical Engineer.
Likewise,
proposals and quotations for the supply and fabrication of mechanical
equipment,
works, projects, plants, mechanical pollution abatement systems,
mechanical
fire protection systems, pressurized pipes with a working pressure of
not
less than 70 kpa., shall be duly signed and sealed by a Professional
Mechanical
Engineer.
Sec.
36. Practice Not Allowed for
Firms and Corporations. — The practice of mechanical engineering is a
professional
service, admission to which shall be determined upon the basis of an
individual's
personal qualifications.
No
firm, company partnership, association or corporation may be registered
or licensed as such for the practice of mechanical engineering:
Provided,
however, That persons properly registered and licensed as mechanical
engineers
may form and obtain registration with Security and Exchange Commission
of a firm, partnership or association using the term "Mechanical
Engineers",
and or "Architect and Mechanical Engineers" but nobody shall be a
member,
partner or associate unless he is a duly registered and licensed
mechanical
engineer, and the members who are mechanical engineers shall only
render
work and services proper for mechanical engineers as defined in this
Act.
Sec.
37. Posting of Certificates.
— The owner, manager, or other person in-charge of any mechanical
works,
projects, or plants of one hundred (100) kw 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 of business, the original
certificate
of registration of the engineer or engineers and of the certified plant
mechanic/s employed in such plant, in a frame protected by transparent
glass or its equivalent.
Sec.
38. Roster of Engineers and Mechanics.
— A roster showing the names and place of business of all registered
professional
mechanical engineers, mechanical engineers and certified plant
mechanics,
shall be prepared by the commission which shall be made available to
any
interested parties upon formal written request.
Sec.
39. Foreign Reciprocity. — No
foreign mechanical engineer or mechanic shall be allowed to practice
mechanical
engineering or be given a certificate of registration or be entitled to
any of the privileges under this Act unless he can prove in the manner
provided by the rules of Court or by specific provisions of law or
regulations,
that the country of which he is a subject or citizen in the spirit of
reciprocity,
permits Filipino mechanical engineers and/or mechanics to practice
within
its territorial limits on the same basis as the subject or citizens of
such country or state.
Sec.
40. Enforcement of the Act by
the Officers of the Law. — The Professional Regulation Commission shall
be the enforcement agency of the Board. As such, the Commission shall
implement
the concerned provisions of this Act, enforce its implementing rules
and
regulations as adopted by the Board, conduct investigations on
complaints
including violations of the Code of Conduct of the profession and
prosecute
when so warranted.
It
shall be the duty of all duly constituted authorities through the
officers
of the law of the national government, or any provincial, city, or
municipal
government or any political subdivision thereof, to enforce the
provisions
of this act and to prosecute any person violating the same.
Sec.
41. Qualification Requirements.
— In a government or private institution where a position requires a
master's
degree holder, a holder of professional mechanical engineer license
shall
be eligible for the position. Likewise, where a position requires a
professional
mechanical engineer's license, a holder of a master's or doctorate
degree
in mechanical engineering, with a registered mechanical engineer's
license
shall be considered for the position.
ARTICLE
V
PENAL
AND CONCLUDING PROVISIONS
Sec.
42. Penalties. — In addition
to the administrative sanctions imposed under this Act any person who
violates
any of the provisions of this Act and its rules and regulations shall,
upon conviction be penalized by a fine of not less than Fifty thousand
pesos (P50,000.00) nor more than Two hundred thousand pesos
(P200,000.00),
or imprisonment of not less than six (6) months nor more than three (3)
years, or both fine and imprisonment at the discretion of the court.chan
robles virtual law library
Sec.
43. Implementing Rules and Regulations.
— The Board shall formulate and issue the implementing rules and
regulations
to carry out the provisions of this Act.
Sec.
44. Funding Provisions. — Such
sums may be necessary to carry out provisions of this Act shall be
included
in the General Appropriations Act of the year following its enactment
into
law and thereafter.
Sec.
45. Separability Clause. — If
any section or portion of this Act shall be declared unconstitutional
or
invalid, the same shall not invalidate all other sections or portions
not
affected thereby.
Sec.
46. Repealing Clause. — Commonwealth
Act No. 294, as amended by Republic Act No. 5336, is hereby repealed
and
all other laws, parts of law, orders, ordinances, or regulations
relative
to the practice of mechanical engineering which are inconsistent with
the
provisions of this Act are hereby repealed or modified accordingly.
Sec.
47. Transitory Provisions. —
(a) Mechanical Plant Engineers possessing valid certificates of
registration
issued under Commonwealth Act No. 294 with BSME degree shall, after the
approval of this Act, register and be issued certificates as
professional
mechanical engineers to replace their original certificate of
registration
upon payment of the required fees.
(b)Faculty
Members currently teaching mechanical engineering professional subjects
in universities, colleges, institutes or schools shall not be allowed
to
continue teaching after five (5) years from the approval of this Act,
unless
they are or have become Professional Mechanical Engineers or at least
Registered
Mechanical Engineers with a Master's degree in Mechanical Engineering
from
duly recognized and accredited universities, colleges, institutes or
schools.chan
robles virtual law library
(c)The
present Board shall continue to function in the interim until such time
as the new Board shall be constituted.
Sec.
48. Effectivity Clause. — This
Act shall take effect fifteen (15) days following its publication in
the
Official Gazette or a major daily newspaper of general circulation in
the
Philippines, whichever is earlier.
Approved:
February 12, 1998
Back
to Top - Back
to Main Index - Back
to Home
Copyright©1998-2006
by
ChanRobles
Publishing Company
All Rights Reserved
Since 19.07.98
|