RA8495-ME LAW_removed.pdf

ME Laws, Ethics, Code and Standards RA8495 ARTICLE 1-3 Republic Act No. 8495 An Act Regulating the Practice of Mechanical Engineering in the Philippines Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Article I: TITLE, STATEMENT OF POLICY,...

ME Laws, Ethics, Code and Standards RA8495 ARTICLE 1-3 Republic Act No. 8495 An Act Regulating the Practice of Mechanical Engineering in the Philippines Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Article I: TITLE, STATEMENT OF POLICY, AND DEFINITION OF TERMS Article I TITLE, STATEMENT OF POLICY, AND DEFINITION OF TERMS Section 1. Title. - This Act shall be known as the – Philippine Mechanical Engineering Act of 1998. Article I TITLE, STATEMENT OF POLICY, AND DEFINITION OF TERMS Section 2. Statement of Policy - Thus, the State shall develop and The State recognizes the nurture competent, virtuous, importance of mechanical productive and well-rounded engineers in nation- building and mechanical engineers whose development. Their talents standard of professional practice through sustainable human and service shall be excellent, development shall be promoted. qualitative, world-class and globally competitive through regulatory measures, programs and activities. Section 3. Definition of Terms.- As used in this Act, the following terms shall mean as follows: a) Practice of Mechanical Engineering - A 1) Consultation, valuation, investigation person shall be deemed to be and management services requiring practicing mechanical engineering or mechanical engineering knowledge; rendering mechanical engineering 2) Engineering design, preparation of service within the meaning and intent plans, specifications and projects of this Act when he performs the studies or estimates for mechanical following: 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; Section 3. Definition of Terms.- As used in this Act, the following terms shall mean as follows: 4) Management, supervision, 6) Teaching of mechanical engineering operation, tending or professional subjects in maintenance of any mechanical government recognized and equipment, machinery or accredited engineering schools; and processes in mechanical work, 7) Employment in government as a projects or plants; professional mechanical engineer, registered mechanical engineer, or 5) Management or supervision of certified plant mechanic if the the manufacture, sale, supply or nature and character of his work is distribution of mechanical in line with his profession requiring equipment parts or components; professional knowledge of the science of mechanical engineering Section 3. Definition of Terms.- As used in this Act, the following terms shall mean as follows: 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 dumbwaiters, 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. Section 3. Definition of Terms.- As used in this Act, the following terms shall mean as follows: c) Mechanical processes, works, projects or plants shall include steam plants, geothermal plants, dander-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 dry docks, 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. Section 3. Definition of Terms.- As used in this Act, the following terms shall mean as follows: d) Capacity of process works, projects or plant-rated capacity in kilowatt of mechanical works, projects or plants for the purpose of this Act shall be the total kilowatt ratings of all engines, motors, boilers, turbines, or other prime movers 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 prime movers Article II: BOARD OF MECHANICAL ENGINEERING Article II: BOARD OF MECHANICAL ENGINEERING Section 4. Creation and - ranked in the order of preference Composition of the Board of and submitted by the Professional Mechanical Engineering. Regulation Commission, hereinafter referred to as the There is hereby created a Board of Commission, from a list of five Mechanical Engineering, nominee submitted by the duly hereinafter called the Board, to be accredited association of composed of a Chairman and two mechanical engineers in the (2) members to be appointed by Philippines. the President of the Philippines - The Board shall be organized not from a list of three (3) later than six (6) months from the recommend for each Position, affectivity of this Act. chosen, Current Board of Mechanical Engineering Section 5. Qualifications of Members of the Board. – A member of the Board shall, at the time of his appointment, possess the following qualifications: a) Natural born citizen and resident of the e) Must not, for a period of three (3) consecutive Philippines; years prior to appointment, be a member of the faculty of any school, academy, institute, b) Must be at least thirty-five (35) years college or university where a regular course in of age; mechanical engineering is being taught, nor have pecuniary interest in or administrative c) Holder of the degree of Bachelor of supervision over any such institutions of learning; Science in Mechanical Engineering or its equivalent, conferred by a school, f) Must not, for a period of three (3) consecutive academy, college or university in the years prior to appointment, be connected with a review center or with any group or Philippines or abroad that is accredited association where review classes or lectures in by the Commission on Higher preparation for the licensure examination are Education (CHED); offered or conducted at the time of appointment; and d) A Professional Mechanical Engineer with a valid professional license and an g) Has never been convicted of any offense involving moral turpitude. active practitioner as such, for not less than ten (10) years prior to his appointment; Section 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 re appointed for another three (3) years 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 un expired 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 aggregate number of years of service shall not exceed two (2) regular full terms. Each member of the Board shall take his oath of office prior to the official performance of his duties. Article II: BOARD OF MECHANICAL ENGINEERING Section 7. Compensation and Section 8. Supervision of the Board, Custodian of its Records, Secretariat and Allowances of the Board Members. Support Services. The Chairman and members of the The Board shall be under the general supervision of the Commission. Board shall receive compensation All records of the Board, including and allowances comparable to the applications for examination, examination compensation and allowances being papers and results, minutes of deliberation, administrative cases, and other received by the Chairmen and investigative cases involving the profession members of existing regulatory shall be kept by the Commission. The Commission shall designate the secretary of boards in the Commission and as the Board and shall provide the Secretariat may be provided for in the General and other support services to implement the provisions of this Act. Appropriations Act. Section 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 c) To administer oaths in rules and regulations connection with the successful necessary for carrying out the examinees entering the provisions of this Act; practice of Mechanical b) To supervise the registration, Engineering; licensure and practice of d) To issue the certificate of mechanical engineers in the registration to successful Philippines; examinees; Section 9. Power and Duties of the Board.- The Board shall exercise the following specific powers, functions, duties and responsibilities: e) To issue, suspend and/or revoke, after due i) To hear and try administrative cases involving violations of this Act, its Implementing Rules and process certificates of registration and issue, Regulations, the Code of Ethics for Mechanical cancel and suspend professional license or Engineers, and for this purpose, to issue subpoena cancel special permits for the practice of and subpoena duchess tecum to secure the appearance of witnesses and the production of mechanical engineering, for causes provided by documents in connection therewith; law; j) Prescribe guidelines in the Continuing Professional f) To adopt an official seal of the Board; Education (CPE) program in coordination with accredited association of mechanical engineers; g) To look into the conditions affecting the k) Prepare, adopt, issue or amend the syllabi of the practice of the mechanical engineering subjects for examinations; profession and whenever necessary, adopt such l) Approve, issue, limit or revoke temporary license measures as may be deemed proper for the to practice mechanical engineering; and enhancement and maintenance of high m) Discharge such other duties and functions as may professional and ethical standards of the be deemed necessary for the enhancement of the profession; mechanical engineering profession and the upgrading, development and growth of mechanical engineering education in the h) To prescribe and/or adopt a Code of Ethical and Philippines. Professional Standards for the practice of the mechanical engineering profession. Section 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. Section 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 Article III: EXAMINATION, REGISTRATION AND LICENSE Section 12. Examination Required Section 13. Categories. - - All applicants for registration for Certificates of registration for the the practice of mechanical practice of mechanical engineering shall be required to engineering shall be of three (3) undergo and pass a written categories and in order of rank as technical examination as provided follows: for in this Act. (a) Professional Mechanical Engineer; (b) Mechanical Engineer; and (c) Certified Plant Mechanic Article III: EXAMINATION, REGISTRATION AND LICENSE Section 14. Qualifications of Applicants for d) He has graduated from an Professional Mechanical Engineer. engineering school or college of Any applicant to the professional recognized standing, after mechanical engineering examination must, completing an approved course in at the time of filing of his application, mechanical engineering; establish to the satisfaction of the Board e) He has specific record of a total of that four (4) years or more of active a) He is a citizen of the Philippines; mechanical engineering practice, b) He must not have been convicted by a reckoned from the time he court of law of a crime involving moral registered a mechanical turpitude; engineering practice; and c) He has a valid certificate of registration f) He is competent to practice, as and he is a registered mechanical attested to by at least two (2) engineer and a holder of a valid professional mechanical engineers. professional license; Article III: EXAMINATION, REGISTRATION AND LICENSE Section 15. Qualifications of a) He is a citizen of the Philippines; Applicants for Mechanical b) He must not have been Engineer – convicted by a court of law of a Any person applying for crime involving moral turpitude; examination and for a Certificate c) He holds the degree of Bachelor of Registration as Mechanical of Science in Mechanical Engineer shall, prior to admission Engineering from a university, to the examinations, establish to school, College, academy, or the satisfaction of the Board that: institute duly constituted and recognized as such by the government Article III: EXAMINATION, REGISTRATION AND LICENSE Section 16. Qualifications of Applicants for c) He has specific record of an Certified Plant Mechanic.- Any person additional one (1) year or more applying for examination for certificate of of active practice in mechanical registration as Certified Plant Mechanic shall establish to the satisfaction of the plant operation of such character Board that: as indicated in an affidavit of a a) He must not have been convicted by a registered professional court of law of a crime involving moral mechanical engineer and, turpitude; likewise establish to the b) He has graduated from a vocational or satisfaction of the Board, that trade school duly recognized by the the applicant is competent to government after completing an undertake the operation, tending approved course of not less than two and maintenance of mechanical (2) years in stationary or power plant works, projects or plant of not engineering or any mechanical plant less than one hundred (100) operation; and kilowatts. Article III: EXAMINATION, REGISTRATION AND LICENSE Section 17. Scope of (a) Professional Mechanical Engineer - The granting of Examination.- The scope of professional mechanical engineer examination and the methods of Certificate of Registration shall be procedure shall be prescribed by testimonial in nature which shall include the submission of an the Board with special reference enumeration of the applicants - to the applicants – ability to experience including the presentation of an engineering perform the type of engineering report/technical paper pertinent to work pertaining to the particular his line of experience attested to by category he is to be registered in. two (2) or more profession mechanical engineers in an affidavit for this purpose; Article III: EXAMINATION, REGISTRATION AND LICENSE (b) Mechanical Engineer - The applicant shall pass a written examination on different subjects or group of subjects Section 17. Scope of prescribed by the Board, and within the Examination.- The scope of syllabi prepared by the Board with emphasis on power plant and industrial examination and the methods of plant engineering, mathematics, procedure shall be prescribed by engineering economics, economic analysis, laws and ethics and machine design. The the Board with special reference subjects in which the applicant for to the applicants – ability to Mechanical Engineers shall be examined perform the type of engineering are: work pertaining to the particular 1. Machine Design, Materials, and Shop Practice category he is to be registered in. 2. Industrial and Power Plant Engineering 3. Mathematics Engineering Economics and basic engineering sciences Article III: EXAMINATION, REGISTRATION AND LICENSE (c) Certified Plant Mechanic - The examination for Certified Plant Mechanic may be written or oral on subject matters based on the following Section 17. Scope of submitted statement of experience: Examination.- The scope of examination and the methods of 1. Elements of Power Plant Machinery procedure shall be prescribed by 2. Elements of Industrial Plant Machinery; and the Board with special reference 3. Shop Machinery and Practice. Subject to the approval of the Commission, the Board may to the applicants – ability to amend or revise the subjects, their syllabi, passing average, and the system and perform the type of engineering procedure in the licensure examinations for work pertaining to the particular the practice of mechanical engineering and the corresponding weight pursuant to category he is to be registered in. implementing rules and regulations issued for this purpose. 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. Article III: EXAMINATION, REGISTRATION AND LICENSE Section 18. Ratings.-To pass the Section 19. Report of Ratings.- examination, a candidate for a The Board shall submit to the professional mechanical engineer, Commission the ratings obtained a mechanical engineer, and by each candidate within fifteen certified plant mechanic must (15) days after the examinations, obtain an average of seventy unless extended for just cause. percent (70%) on all subjects, with no rating below fifty percent (50%) in any of the subjects. Article III: EXAMINATION, REGISTRATION AND LICENSE Section 20. Re-examination.- An Section 21. Oath.- All successful applicant who fails to pass the candidates in the examination examination for the third time shall be required to take an oath shall be allowed to take another of profession before the Board or examination only after the lapse any government official of one year. authorized to administer oaths, prior to entering upon the practice of the mechanical engineering. Section 30. Vested Rights: Automatic Registration of Practicing Mechanical Engineers (b) Foreigners employed as technical 1) Non-availability of a mechanical officers, training officers or engineer and/or mechanic in the consultants in such special branches of mechanical engineering who, in country who is competent, able the judgment of the Board, are and willing at the time of necessary and advantageous for the engagement to perform the country particularly in the aspects of service for which the foreigner is technology transfer, may be issued desired for; temporary permits: Provided, That such engagements have satisfied conditions, as may be deemed necessary as follows: Section 30. Vested Rights: Automatic Registration of Practicing Mechanical Engineers (b) Foreigners employed as technical 2) The foreigner must have been officers, training officers or in the prior employ of the consultants in such special branches of mechanical engineering who, in engaging firm, or its foreign the judgment of the Board, are business partner, outside of the necessary and advantageous for the Philippines for a period of not less country particularly in the aspects of than one (1) year immediately technology transfer, may be issued preceding the date of his temporary permits: Provided, That such engagements have satisfied engagement; conditions, as may be deemed necessary as follows: