RA8495-ME LAW.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. Article III: EXAMINATION, REGISTRATION Section 23. Integration and AND LICENSE Accreditation of Mechanical Engineers.- An integrated organization Section 22. Issuance of of mechanical engineers shall be created and accredited by the Board of Certificates of Registration and Mechanical Engineering and the Professional License.- Upon Professional Regulation Commission. payment of the registration fee as All persons whose names now appear in the roll of professional mechanical established by the Commission, engineers, mechanical engineers, and the Board shall issue a certificate certified plant mechanics under the custody of the Board and the of registration to any applicant Commission, or those who may who has met all the requirements hereafter be included therein upon registration and payment of the specified in this Act for the required fees shall automatically particular category he is become members of the integrated and accredited organization of mechanical registering in. engineers. Article III: EXAMINATION, REGISTRATION AND LICENSE Section 24. Seal of a Professional Section 25. Non-issuance of Certificate for Certain Grounds.- The Mechanical Engineer. - A Board shall not issue a certificate of professional mechanical engineer registration to any person convicted shall, upon registration, obtain a by court of competent jurisdiction of any crime involving moral turpitude, seal of such design prescribed by or immoral or dishonorable conduct the Board, bearing the registrants- or any person of unsound mind declared by a court of competent name, the certificate number and jurisdiction, furnishing the party the legend -Professional concerned a written statement Mechanical Engineer. containing the reasons for such action, which statement shall be incorporated in the records of the Board. Article III: EXAMINATION, REGISTRATION AND LICENSE Section 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. Article III: EXAMINATION, REGISTRATION AND LICENSE Section 27. Grounds for or perpetuation of any fraud or Suspension and Revocation of deceit in obtaining a certificate of Licenses.- The Board shall have registration, or for incompetence, the power, upon due notice and negligence, or for abatement of the illegal practice of mechanical hearing, to revoke or suspend the engineering, violation of the license of mechanical engineers, provisions of this Act, its or to cancel a temporary/special implementing Rules and permit for any cause specified in Regulations and/or violations of the preceding sections, including Policies of the Board including the but not limited to: Code of Ethics for Mechanical Engineering: Article III: EXAMINATION, REGISTRATION AND LICENSE Section 28. Reinstatement and Section 29. Renewal of License.- Replacement of the Certificates.- The Board, upon application and for The professional license shall reasons of equity and justice, may serve as evidence that the reinstate the validity of a revoked licensee can lawfully practice his certificate of registration and professional license, upon payment profession until the expiration of of the required fees, at least two (2) its validity. However, renewal of years after revocation. A new certificate of registration to replace license can only be done upon any certificate lost, destroyed or payment of renewal fee mutilated may be issued, subject to corresponding to three (3) the rules of the Board, and upon payment of the required fee. consecutive years Article III: EXAMINATION, REGISTRATION AND LICENSE Section 30. Vested Rights: (a) Mechanical engineers, installation, commission or graduate engineers from Automatic Registration of other countries called in for Practicing Mechanical Engineers.- consultation or for a specific design or installation project not requiring more All practicing Mechanical than three (3) months residence in the Engineers who are registered at Philippines in a twelve (12) month period: Provided, That such engineers the time this Act takes effect, shall are legally qualified to practice automatically be registered. 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; 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: Section 30. Vested Rights: Automatic Registration of Practicing Mechanical Engineers (b) Foreigners employed as technical 3) Any particular or specific officers, training officers or engagement shall not be in excess consultants in such special branches of mechanical engineering who, in of six (6) months but may be the judgment of the Board, are renewed once, if necessary, necessary and advantageous for the except when such engagement is country particularly in the aspects of for a newly established firm in technology transfer, may be issued which case the period of temporary permits: Provided, That such engagements have satisfied engagement may be for a longer conditions, as may be deemed term but not to exceed a total necessary as follows: term of two (2) years. Article III: EXAMINATION, REGISTRATION AND LICENSE Section 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. Section 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 (b) to teach professional subjects in preparation of plans, designs, mechanical engineering course unless investigations, valuation, technical he is a duly licensed Professional reports, specifications, project studies or Mechanical Engineer, or a Masters- estimates or to be in performance of degree or Doctorate degree holder in other professional mechanical mechanical engineering. engineering activities unless he is a duly licensed Professional Mechanical Engineer. Section 33. Field of Action Authorized for Each Category: Prohibition.- It shall be unlawful for any person, unless authorized under this Act: (c) to be in responsible charge of the (d) to operate, tend or maintain, or be construction, erection, installation, in-charge of the operation, tending, or alteration, or of the performance of a maintenance of any mechanical works, mechanical engineering service in projects, plant of 100 kw., or more but connection with the manufacture, sale, not more than 300 kw unless he is a duly supply or distribution of any mechanical licensed Professional Mechanical works, project or plant either for himself Engineer, Mechanical Engineer or or for others, unless he is a duly Certified Plant Mechanic. registered Professional Mechanical Engineer or Mechanical Engineer Section 33. Field of Action Authorized for Each Category: Prohibition.- It shall be unlawful for any person, unless authorized under this Act: (e) to operate, tend, or maintain or be (f) to operate, tend or maintain, or to be in-charge of the operation, tending, or in charge of the operation, tending or maintenance of any mechanical maintenance of any mechanical equipment, machinery or process for equipment, machinery, process for any any mechanical works, projects or plants mechanical works, projects or plants of of 300 kilowatts or above but not more over 2000 kw unless he is a duly licensed than 2000 kw unless he is a duly licensed Professional Mechanical Engineer. Professional Mechanical Engineer or Mechanical Engineer Section 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: (a) 100 kw or over but not more than 300 kw: (b) 300 kw or over, but not more than 2000 kw: one (1) certified plant mechanic, or one (1) one (1) mechanical engineer or one (1) mechanical engineer, or one (1) professional professional mechanical engineer: Provided, That mechanical engineer: Provided, That every every mechanical work, project, or plant in this mechanical work, project, or plant in this category operating in more than one shift every category operating in more than one shift every twenty-four (24) hours shall have, in addition to twenty four hours, shall have in addition to the the minimum personnel herein required at least minimum personnel herein required, one (1) one (1) mechanical engineer, or one (1) certified plant mechanic, or one (1) mechanical professional mechanical engineer in-charge of engineer, or one (1) professional mechanical each and every additional shift. engineer in-charge of each and every additional shift Section 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: (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. Article IV – Section 35 Preparation of Plans and Supervision of Likewise, proposals and quotations for Construction by Licensed Engineers the supply and fabrication of Required.- It shall be unlawful for any mechanical equipment, works, person to order or otherwise cause projects, plants, mechanical pollution the fabrication, construction, erection, abatement systems, mechanical fire installation or alteration of any protection systems, pressurized pipes mechanical equipment, machinery or with a working pressure of not less process for any mechanical works, than 70 kPaa., shall be duly signed and projects, or plants, unless the designs, sealed by a Professional Mechanical plans, layouts or specifications have Engineer been prepared by or under the responsible charge of, and duly signed and sealed by a Professional Mechanical Engineer. Article IV – Section 36 Practice Not Allowed for Firms and Provided, however, That persons Corporations. The practice of properly registered and licensed as mechanical engineering is a mechanical engineers may form and professional service, admission to obtain registration with the Security which shall be determined upon the and Exchange Commission of a firm, basis of an individuals- personal partnership or association using the qualifications. No firm, company term -Mechanical Engineers- and or – partnership, association or corporation Architect and Mechanical Engineers- may be registered or licensed as such but nobody shall be a member, for the practice of mechanical partner or associate unless he is a duly engineering: for mechanical engineers registered and licensed mechanical as defined in this Act. engineer, and the members who are mechanical engineers shall only render work and services proper Article IV – Section 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 Article IV – Section 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. Article IV – Section 39 Foreign Reciprocity.- No foreign permits Filipino mechanical engineers mechanical engineer or mechanic shall and/ or mechanics to practice within its be allowed to practice mechanical territorial limits on the same basis as the engineering or be given a certificate of subject or citizens of such country or registration or be entitled to any of the state 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, Article IV – Section 40 Enforcement of the Act by the Officers It shall be the duty of all duly of the Law.- The Professional constituted authorities through the Regulation Commission shall be the officers of the law of the national enforcement agency of the Board. As government, or any provincial, city, or such, the Commission shall implement municipal government or any political the concerned provisions of this Act, subdivision thereof, to enforce the Enforce its implementing rules and provisions of this act and to prosecute regulations as adopted by the Board, any person violating the same. conduct investigations on complaints including violations of the Code of Conduct of the profession and prosecute when so warranted. Article IV – Section 41 Qualification Requirements.- In a Likewise, where a position requires a government or private institution professional mechanical engineers- where a position requires a Masters- license, a holder of a masters- or degree holder, a holder of professional doctorate degree in mechanical mechanical engineer license shall be engineering, with a registered eligible for the position. mechanical engineers- license shall be considered for the position. R.A. 8495 ARTICLE V PENAL AND CONCLUDING PROVISIONS Article V – Section 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. Article V – Section 43 Implementing Rules and Regulations.-The Board shall formulate and issue the implementing rules and regulations to carry out the provisions of this Act. Article V – Section 44 Funding Provisions.- Such sums as 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. Article V – Section 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 Article V – Section 46 Repealing Clause. - Commonwealth Act No. 294, as amended by Republic Act No. 5336, is hereby repealed and all other laws, parts of law, others, 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. Article V – Section 47 - Transitory Provisions a) Mechanical Plant Engineers b) Faculty Members currently teaching possessing valid certificates of mechanical engineering professional registration issued under subjects in universities, colleges, Commonwealth Act No. 294 with BSME institutes, or schools shall not be degree shall, after the approval of this allowed to continue teaching after five Act, register and be issued certificates as (5) years from the approval of this Act, professional mechanical engineers to unless they are or have become replace their original certificate of Professional Mechanical Engineers or at registration upon payment of the least Registered Mechanical Engineers required fees. with a Masters- degree in Mechanical Engineering from duly recognized and accredited universities, colleges, institutes or schools. Article V – Section 47 - Transitory Provisions c) The present Board shall continue to function in the interim until such time as the new Board shall be constituted. Article V – Section 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. Presentation End