Mechanical Engineering Laws and Provisions

• This module grants an overview of governing laws and provisions in Mechanical Engineering Practice.
• The material provides an in-depth discussion of the engineering profession and its professional practice requirements.

Topic Outcomes

• Discuss the governing laws and provisions in the Practice of Mechanical engineering
• Gain a well understanding of the existing Mechanical Engineering Laws
• Explain the engineering profession and the requirements for professional practice

Republic Act No. 8495

• Enacted to regulate mechanical engineering practice in the Philippines.
• Known as the "Philippine Mechanical Engineering Act of 1998".
• Recognizes the importance of mechanical engineers in nation-building.
• Promotes talents through sustainable human development, fostering competent, virtuous, productive, and well-rounded mechanical engineers.

Definition of Mechanical Engineering Practice

• Rendering mechanical engineering service, including:
• Consultation, valuation, investigation, and management.
• Engineering design and preparation of plans.
• Management or supervision of erection, installation, alteration and commissioning
• Management, supervision, operation, tending, or maintenance.
• Supervision of manufacture, sale, supply, or distribution.
• Teaching accredited mechanical engineering subjects.
• Government employment as a mechanical engineer using professional knowledge.
• Mechanical equipment includes prime movers like steam engines/turbines, internal combustion engines, steam generators, heat exchangers, materials handling equipment, HVAC systems, piping, pressure vessels, printing machines, and mechanical working machines.
• Mechanical processes include steam, geothermal, dendro-thermal, nuclear, OTEC, internal combustion, hydraulic, pumping and compressed gas plants, mills, shops, factories, shipyards, and plants using various energy sources.
• Capacity of process works is the total kilowatt ratings of all engines, motors, boilers, turbines, or other prime movers installed, whether in operation or not.

Board of Mechanical Engineering

• Consists of a Chairman and two members appointed by the President from a list of recommendees submitted by the Professional Regulation Commission.
• Nominees are also submitted by the accredited mechanical engineers association in the Philippines.
• The Board shall be organized within six months from the effectivity of the Act.

Qualifications for Board membership

• Must be a natural-born citizen and resident of the Philippines.
• At least 35 years old.
• Holds a Bachelor of Science in Mechanical Engineering or equivalent from an accredited institution locally or abroad recognized by CHED.
• Is a Professional Mechanical Engineer with a valid license and active practice for at least 10 years prior to appointment.
• Must not have been a faculty member of a mechanical engineering program, or have a pecuniary interest in learning institutions for a period of three years
• Must not have been associated with review centers or lectures for licensure exam preparations for a period of three years before appointment.
• Has never been convicted of any offense involving moral turpitude.

Terms of office

• Board members serve a three-year term from the date of appointment or until a successor is qualified and appointed.
• No member can serve more than two regular terms consecutively.
• Vacancies are filled by Presidential appointment, with the appointee serving the unexpired portion of the term.
• Total service shall not exceed two full terms.

Compensation and Allowances

• Comparable to existing regulatory boards.

Supervision

• The Board operates under the general supervision of the Commission.
• The Commission maintains all records, examination papers, results, and administrative/investigative cases.

Powers and duties

• Include rule promulgation, registration supervision, oath administration, certificate issuance, and seal adoption.
• Also includes adopting a code of ethical and professional standards, investigate alleged Code of Conduct infractions, implement CPC guidelines, examination syllabus creation, temporary license issuance, and other duties for the profession development
• The Board submits an annual report to the President through the Professional Regulation Commission.
• The President, upon recommendation of the Commission, may remove a member of the Board based on grounds of duty neglect, incompetence, violation or of the Mechanical Engineers or tolerance of the violation, or final judgment of moral turpitude.

Examination, Registration, and License

• All mechanical engineering applicants must undergo and pass a written technical examination.
• Certificates have three categories: Professional Mechanical Engineer, Mechanical Engineer, and Certified Plant Mechanic.

Qualifications for Professional Mechanical Engineer

• Must be a citizen of the Philippines.
• Must not be convicted of any crime involving moral turpitude.
• Holds a registration certificate and a valid professional license as a registered mechanical engineer.
• Graduated from an engineering school or college of recognized standing after completing an approved mechanical engineering course.
• Has at least four years of active mechanical engineering practice.
• Must be competent to practice, as attested by two professional mechanical engineers.

Qualifications for Mechanical Engineer

• Must be a citizen of the Philippines.
• Must not have been convicted of a crime involving moral turpitude.
• Holds a Bachelor of Science degree in Mechanical Engineering from a recognized institution.

Qualifications for Certified Plant Mechanic

• Must not have been convicted of moral turpitude.
• Graduated from a vocational or trade school with at least two years of stationary or power plant engineering course.
• One year of active practice in mechanical plant operation
• Applicant must be competent to do operations, tending, maintenance of mechanical works of 100kW
• Examination scope prescribed by the Board regarding the type of engineering to be registered.

Professional Mechanical Engineer Examination

• Includes submission of experience and an engineering report/technical paper.

Mechanical engineer exam

• A written examination is conducted in the following subjects:
• Machine Design, Materials & Shop Practice
• Industrial & Power Plant Engineering
• Mathematics, Engineering, and Basic Sciences

Certified Plant Mechanic Examination

• May be written or oral, based on a submitted statement of experience, concerning:
• Elements of Power Plant Machinery
• Elements of Industrial Plant Machinery
• Shop Machinery Practice
• The Board can revise subjects and procedures for licensure examinations.

Ratings

• A candidate for any of the mechanical engineering certificates must obtain a 70% average, with no rating below 50% in any subject.
• The Board submits the ratings to the commission in 15 days after the examination
• Applicants can only take the examination after the lapse of one year for failing the exam for the third time

Oath Requirements

• Successful candidates must take an oath before the Board or a government official prior to Mechanical Engineering practice.

License fees

• The Board issues a registration certificate to any applicant who meets the requirements for their category.
• Certificates indicate the registrant's full name.
• A professional license is issued with the registration number, date of issuance, expiry date, and the Chairman's signature.
• It entitles the holder to practice the profession with all privileges until the license expires.

Certificates

• Certificates of specialty are issued by the Board to professional mechanical engineers screened and recommended by mechanical engineers associations.

Integration and Accreditation of Mechanical Engineers

• An integrated organization shall be created and accredited by the Board of Mechanical Engineering and PRC.
• People currently listed in the roll of professional mechanical engineers and certified plant mechanics will become members upon registration and payment of the fees.

Seal of Professional Mechanical Engineers

• Professional mechanical engineers should obtain a prescribed seal after registration.
• Designs, plans, specifications, and reports must be stamped with it.

Non-issuance of Certificate

• The Board will not issue a certificate to any one convicted of crime for moral turpitude.

Certificate Revocation and Suspension

• The Board can suspend or revoke a certificate for causes in the preceding section or in the use in whatever way of any fraud or deceit in containing a certificate of registration, or for gross negligence or incompetence or for unprofessional or dishonorable conduct and for violation of the code of ethics.

Reinstatement and Replacement of Certificates

• The Board may reinstate a certificate when its reasons for revoking no longer exist.

Temporary/Special Permits

• Mechanical engineers from other countries may be called in for a consultation not requiring three months stay. If it is ensured that engineers are well versed in mechanical engineering in their own country.
• Foreigners can be employed as technical officers subject to certain conditions.

Indication of License and PTR

• The Mechanical Engineer should indicate a professional license number on PTR in the documents.

Practice of the Profession

• Only a Professional Mechanical Engineer are allowed to perform activities that includes preparation of technical papers, design, valuation

Firms and Corporations

• A firm may not be registered unless owned by a licensed mechanical engineering firm, and only render work by a mechanical engineer.

Posting Certificates

• Projects of 100kW or more, of a from must show the orignal registration certificate of plant mechani/cs employed

Roster of Engineers

• Prepared by commision, the roster of engineers and mechanics shall be made available to any interested parties upon formal written request.

Foreign Reciprocity

• International engineers must adhere to rules provided by legal regulations.

Officials of the law

• Regulated by the professional regulation commision in the official legal framework

Penalties

• Violations of the Act’s provision will be met by a fine of 50,000-200,000 pesos.
• Or, imprisonment of six months to 3 years shall be enforced as well.
• Formulation and issue of the Board's implementation is expected.

Repealing clauses

• The Board will formulate new implementing rules and regulations for more updated mechanical engineering practice of current conditions.