Mechanical

Engineering Law
 The Mechanical Engineering Profession
✘ Mechanical engineering is one of the largest, broadest, and oldest
engineering disciplines.
✘ Mechanical engineers use the principles of energy, materials, and
mechanics to design and manufacture machines and devices of all
types, and create the processes and systems that drive technology
and industry to take a product from an idea to the marketplace.

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 The Mechanical Engineering Profession
Mechanical engineering profession in the Philippine setting

Mechanical profession in the Philippines is regulated by

Professional Regulations Commission (PRC) under the Board
of Mechanical Engineering.
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Board of Mechanical Engineering
Year 2022

Engr. Leandro A. Conti

Chairman

Engr. Jerico T. Borja Engr. Lorenzo P. Larion

Member Member
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 The Mechanical Engineering Profession
Mechanical profession in the Philippines is
governed by R.A. 8495 known as The
Philippine Mechanical Engineering Act of
1998.

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R.A. 8495

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 Article I - TITLE, STATEMENT OF
POLICY,AND DEFINITION OF TERMS
Section 1. Title: The Philippine Mechanical Engineering Act of 1998.

Section 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.

Section 3. Definition of Terms -

Article II - BOARD OF MECHANICAL
ENGINEERING
Section 4. Creation and Composition: One (1) Chairman & two (2)
members who shall serve 3 years & allowed to have two (2)
consecutive terms. They may be removed 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;
- committed crimes involving moral turpitude.
Section 5. Qualifications of Members of the Board:
Filipino, not less than 35 years-old, PME, etc.

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.

Section 7. Compensation & allowances:

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 in the Commission and as may be provided for in the General Appropriations
Act.

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Section 8. Supervision:
The Board shall be under the general supervision of the Commission. All records of the Board,
including applications for examination, examination papers and results, minutes of deliberation,
administrative cases, and other investigative cases involving the profession shall be kept by the
Commission.

Section 9. Duties & Powers:

(a) To promulgate and adopt the rules and regulations necessary for carrying out the
provisions of this Act;
(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;
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Section 9. Duties & Powers (cont.):
(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 IRR, the Code
of Ethics for Mechanical Engineers, and for this purpose, to issue subpoena and
subpoena duchess tecum to secure the appearance of witnesses and the production of
documents in connection therewith;
(j) Prescribe guidelines in the (CPE) program in coordination with accredited association
of mechanical engineers;

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Section 9. Duties & Powers (cont.):
(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.

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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.

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 Article III - EXAMINATION,
REGISTRATION AND LICENSE
Section 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.
Section 13. Categories:
Certificates of registration shall be of three (3) categories and in order of rank as follows:
(a) Professional Mechanical Engineer (PME);
(b) Mechanical Engineer (ME); and
(c) Certified Plant Mechanic (CPM).

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Section 14. Qualifications of Applicants for PME:
a) He is a citizen of the Philippines;
b) No conviction by a court of law of a crime involving moral turpitude;
c) 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 the time he registered a mechanical engineering practice; and
f) He is competent to practice, to attested to by at least two (2) PME’s.

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Section 15. Qualifications of Applicants for ME:
a) He is a citizen of the Philippines;
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.

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Section 16. Qualifications of Applicants for CPM:
a) He must not have been convicted by a court of law of a crime involving moral turpitude;
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 PME 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.

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Section 17. Scope of Examination: 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 applicants - experience
including the presentation of an engineering report/technical paper pertinent to his line of
experience attested to by two (2) or more profession mechanical engineers in an affidavit for this
purpose;

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Section 17. Scope of Examination: Mechanical Engineer
The applicant shall pass a written examination on different subjects or group of subjects
prescribed by the Board, and within the syllabi:
1. Machine Design, Materials, and Shop Practice
2. Industrial and Power Plant Engineering
3. Mathematics, Engineering Economics, and basic engineering sciences.

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Section 17. Scope of Examination: 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:
1. Elements of Power Plant Machinery
2. Elements of Industrial Plant Machinery; and
3. Shop Machinery and Practice (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 IRR; the 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.

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Section 18. Ratings
To pass the examination, a candidate for PME, ME, CPM must obtain an average of seventy
percent (70%) on all subjects, with no rating below fifty percent (50%) in any of the subjects.

Section 19. Report of Ratings

The Board shall submit to the Commission the ratings obtained by each candidate within fifteen
(15) days after the examinations, unless extended for just cause.

Section 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.

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Section 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.

Section 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 for the
particular category he is registering in.

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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.

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Certificate of Registration

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A professional license bearing
the registration number, date
of issuance, expiry date and
duly signed by the chairman
of the Board, shall be issued
to every registrant upon
payment of professional fees

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Last name

First name

Middle name

Registration Number
(License Number)

Registration Date

Validity

Profession

Birthdate
Date of renewal

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Signature

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Section 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 accredited organization of mechanical engineers in the Philippines is:

Philippine Society of Mechanical Engineers

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Section 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 registrants- name, the certificate number and the legend -Professional
Mechanical Engineer.- Designs, plants, 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 use 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.

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Section 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.

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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.

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Section 27. Grounds for Suspension and Revocation of Licenses.

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 incompetence, 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:
Provide, 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.

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Section 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.

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Section 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.

Section 30. Vested Rights: Automatic Registration of Practicing Mechanical Engineers.

All practicing Mechanical Engineers who are registered at the time this Act takes effect, shall
automatically be registered.

Section 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.

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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.

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 Article iv. PRACTICE OF THE
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 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.
b) to teach professional subjects in mechanical engineering course unless he is a duly licensed Professional
Mechanical Engineer, or a Masters- degree or Doctorate degree holder in mechanical engineering.
c) 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.
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 PME or ME.
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.

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(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 others, unless he is a duly registered Professional
Mechanical Engineer or Mechanical Engineer.

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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:

every mechanical work, project, or plant with 100kW ~ 300kW installed capacity:
One (1) CPM; or one (1) ME, or one (1)PME
For operation of more than one (1) in twenty four (24) hours, additional of personnel for each shift of
operation:
One (1) CPM; or one (1) ME, or one (1)PME

every mechanical work, project, or plant with 300kW ~ 2,000kW installed capacity:
One (1) ME, or one (1)PME
For operation of more than one (1) in twenty four (24) hours, additional of personnel for each shift of
operation:
One (1) ME, or one (1)PME

every mechanical work, project, or plant with more than 2,000kW installed capacity:
One (1) PME
For operation of more than one (1) in twenty four (24) hours, additional of personnel for each shift of
operation:
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Section 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.

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.

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Section 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.

The persons properly registered and licensed as mechanical engineers may form and obtain
registration with the SEC 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.

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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.

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.

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Section 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.

Section 40. Enforcement of the Act by the Officers of the Law

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.

Section 41. Qualification Requirements.- In a government or private institution where a position

requires a Masters- degree holder, a holder of professional mechanical engineer license shall be eligible for
the position. Likewise, where a position requires a professional mechanical engineers- license, a holder of a
masters- or doctorate degree in mechanical engineering, with a registered mechanical engineers- license shall
be considered for the position.

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Article v. PENAL AND CONCLUDING
PROVISIONS
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.
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.

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.

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.

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.

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Section 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 Masters- degree in Mechanical Engineering from duly
recognized and accredited universities, colleges, institutes or schools.

c) The present Board shall continue to function in the interim until such time as the new Board shall
be constituted.

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.

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THANKS!