REPUBLIC ACT NO. 8495 AV ACT REGULATING THE PRACTICE OF MECHANICAL ENGINEERING IN THE PHILIPPINES ARTICLE 1 TITLE, STATEMENT OF POLICY, AND DEFINITION OF TERMS LTTE PHILIPPINE MECHANICAL ENGINEERING ACT OF 1998, 2. STATE OF POLICY STATE. SHALL DEVELOP AND NURTURE COMPETENT, VIRTUOUS, PRODUCTIVE AND WELL-ROUNDED MECHANICAL ENGINEERS WHOSE STANDARD OF PROFESSIONAL PRACTICE AND SERVICE SHALL BE exCELLENT ‘3. DEFINITION OF TERMS AL PRCT OF HEARN, BREEN CONSULTATION, VALUATION, INVESTIGATION AND. MANAGENENT SERVICES ENGINEERING DESIGN, PREPARATION OF PLANS, SPECIFICATIONS AND PROJECTS STUDIES OR ESTIMATES FOR MECHANICAL fQumeNT [MRIIAGEMENT OR SUPERVISION OF THE ERECTION, INSTALLATION, ALTERATION, TESTING AND COMMISSIONING OF MECHANICAL EQUIPMENT LMAMAGENENT, SUPERVISION, OPERATION, [MAINTENANCE OF ANY MECHANICAL EQUIPMENT [MANAGEMENT OR SUPERVISION OF THE MANUFACTURE, SALE, SUPPLY Of DISTRIBUTION OF MECHANICAL EQUIPMENT TEACHING OF MECHANICAL ENGINEERING PROFESSIONAL SUBJECTS EMPLOYMENT IN GOVERNMENT AS A PME, RNE, OR CPM TF THE NATURE AND CHARACTER OF HES WORK IS IN-LINE WITH HIS PROFESSION REQUIRING PROFESSIONAL KNOWLEDGE OF THE SCIENCE OF MECHANICAL ENGINEERING. TENDING OR 'B. MECHANICAL EQUIPMENT OF MACHINERY INCLUDES ALL PRIME MOVERS , STEAM GENERATORS, MATERIALS HANDLING EQUIPMENT HVAC, AND REFRIGERATION EQUIPMENT AND MACHINERY PIPING SYSTEM WITH A WORKING PRESSURE OF NOT LESS THAN 70 Ph FIRED AND UNFIRED PRESSURE VESSEL, PRINTING MACHINE [MECHANICAL WORKING MACHINES (FOR METAL AND NON-METALS) [MECHANICAL EQUIPMENT AND MACHINERY WHETHER INSTALLED ON LAND, UNDERGROUND, OF ON BOARD WATERCRAFT (C. MECHANICAL PROCESSES, WORKS, PROJECTS OR PLANTS POWER PLANTS, ALL KINDS OF ILLS, SHOPS, FACTORIES, ‘SHIPYARDS DRY DOCKS, HUAC, AND REFRIGERATION PLANTS 'D CAPACITY OF PROCESS WORKS, PROJECTS OR PLANT-RELATED CAPACITY ‘TOTAL KILOWATT RATINGS OF ALL ENGINES, MOTORS, BOILERS, TURBINES, OR OTHER PRIME MOVERS INSTALLED FOR USE IN SUCH WoRKS, PROJECTS OR PLANTS, WHETHER TN 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 I ‘BOARD OF MECHANICAL ENGINEERING 4, CREATION AND COMPOSITION OF THE BOARD OF MECHANICAL ENGINEERING ALCHATRMAN AND TWO (2) MEMBERS TO GE APPOINTED BY THE PRESIDENT OF THE PHILIPPINES FROM (2) RECOMMENDED RANKED IN ORDER OF PREFERENCE BY THE PR. THE 3 RECOMMENDED 1 CHOSEN FROM THE 5 NOMINEE SUBMITTED BY THE ASSOCIATION OF NE 5. QUALIFICATIONS OF MEMBERS OF THE BOARD o oooo o NATURAL BOR CITIZEN AND RESIDENT OFTHE PA ATLEAST 35,0 HOLDER OF SSME IN PH OR ABROAD THAT 1S ACCREDITED BY CHED PME WITH A VALID LICENSE AND ACTIVE PRACTITIONER OF NOT LESS THAN 10 YEARS PRIOR To APPOINTMENT. [MUST NOT, FOR A PERIOD OF THREE (3) CONSECUTIVE YEARS PRIOR TO APPOINTMENT, BE A MEMBER OF THE FACULTY ANY SUCH [NSTITUTIONS OF LEARNING [MUST NOT, FOR A PERIOD OF THREE (3) CONSECUTIVE YEARS PRIOR To APPOINTMENT, BE CONNECTED WITH k REVIEW ENTER HAS NEVER BEEN CONVICTED OF ANY OFFENSE INVOLVING MORAL TuRPITUDE 7. COMPENSATION AND ALLOWANCES OF THE BOARD MEMBERS SHALL RECEIVE COMPENSATION AND ALLOWANCES COMPARABLE TO THE CONPENSATION BEING RECEIVED BY THE CHAIRMEN AND MEMBERS OF EXISTING REGULATORY BOARDS IN THE COMMISSION ALSO PROVIDED INTHE GENERAL APPROPRIATIONS ACT8, SUPERVISION OF THE BOARD, CUSTODIAN OF ITS RECORDS, SECRETARIAT AND SUPPORT SERVICES THE BOARD SHALL BE UNDER THE GENERAL SUPERVISION OF THE COMMISSION = MUL RECORDS OF THE BOARD SHALL BE KEPT BY THE COMMISSION = THE COMMISSION SHALL DESIGHATE THE SECRETARY OF THE BOARD AND SHALL PROVIDE THE SECRETARIAT AND OTHER SUPPORT SERVICES, 9. PONE AD TES CFT BOND TO SPREAD AND ADOPT THE RULES AND RESULATIONS NECESSARY FoR CARRYING OUT THE PROVISIONS OF THIS ACT ‘+ TO SUPERVISE THE REGISTRATION, LICENSURE AND PRACTICE OF ME + TO ADMINISTER OATHS IN CONNECTION WITH THE SUCCESSFUL EXAMINEES ‘+ TO ISSUE THE CERTIFICATE OF REGISTRATION + TOUISSUE, SUSPEND AND/OR REVOKE, AFTER DUE PROCESS CERTIFICATES, (OF REGISTRATION AND ISSUE, CANCEL AND SUSPEND PROFESSIONAL LICENSE/ SPECIAL PERMITS ‘+ TO ADOPT AN OFFICIAL SEAL OF THE BOARD + TO LOOK INTO THE CONDITIONS AFFECTING THE PRACTICE OF THE [MECHANICAL ENGINEERING PROFESSION AND, ADOPT SUCH MEASURES ‘AS MAY BE DEEMED PROPER FOR THE ENHANCEMENT ‘+ TO PRESCRIBE AND/OR ADOPT A CODE OF ETHICAL AND PROFESSIONAL STANDARDS ‘+ TO HEAR AND TRY ADMINISTRATIVE CASES INVOLVING VIOLATIONS OF ‘THIS ACT, ITS INPLEMENTING RULES AND REGULATIONS, THE CODE OF ETHICS FOR MECHANICAL ENGINEERS, AND TO ISSUE SUBPOENA AND SUBPOENA DUCHESS TECUM TO SECURE THE APPEARANCE OF THESSES AND DOCUMENTS ‘+ PRESCRIBE GUIDELINES IN THE CONTINUING PROFESSIONAL EDUCATION (cee) PROGRAM ‘+ PREPARE, ADOPT, ISSUE OR AMEND THE SYLLABI OF THE SUBJECTS FOR EXAMINATIONS ‘+ APPROVE, ISSUE, LINTT OR REVOKE TEMPORARY LICENSE + DISCHARGE SUCH OTHER DUTIES AND FUNCTIONS AS. DEEMED NECESSARY FOR THE ENHANCEMENT OF THE MECHANICAL ENGINEERING PROFESSION 110. ANNUAL REPORT + AT THE CLOSE OF EACH CALENDAR YEAR, SUBMIT AU ANNUAL REPORT TO THE PRESIDENT OF THE PHILIPPINES THROUGH THE PROFESSIONAL REGULATION COMMISSION 114, REMOVAL OF BOARD MEMBER = THE PRESIDENT UPON RECOMMENDATION OF THE COMASSION MAY REMOVE ANY MEMBER OF THE BOARD ON THE FOLLOWING GROUNDS: ‘© NEGLECT OF DUTY OR INCOMPETENCE, VIOLATION OF SUCH as: © FINAL JUDGEMENT OF CRIMES INVOLVING MORAL TuRPLTUDE ARTICLE III EXAMINATION, REGISTRATION, AND LICENSE 12, EXAMINATION REQUIRED = REQUIRED TO UNDERGO AND PASS. A WRITTEN. TECHNICAL EXAMINATION 13. CATEGORIES ‘A. PROFESSIONAL MECH ENGINEER B, REGISTERED MECH ENGINEER (. CERTIFIED PLANT MECHANIC 44, QUALIFICATIONS OF APPLICANTS FOR PROFESSIONAL (MECHANICAL ENGINEER CL HE ISA CITIZEN OF THE PHILIPPINES. CHE MUST NOT HAVE BEEN ConVICTED BY A couRT OF LAW (CHE HAS A VALID CERTIFICATE OF REGISTRATION AND HE IS A REGISTERED MECHANICAL ENGINEER AND A HOLDER OF A VALID PROFESSIONAL LICENSE (CHE HAS GRADUATED FROM AN ENGINEERING SCHOOL AFTER COMPLETING AN APPROVED COURSE IN MECHAVICAL ENGINEERING (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 (CHE IS COMPETENT TO PRACTICE, AS ATTESTED TO BY AT LEAST TWO (2) PROFESSIONAL MECHANICAL ENGINEERS. 15. QUALIFICATIONS OF APPLICANTS FOR MECHANICAL ENGINEER (CL HEISA CITIZEN OF THE PHILIPPINES (C1 HE MUST NOT HAVE BEEN CONVICTED BY A COURT OF LAW (C1 HOLDER OF BSME THAT IS ACCREDITED BY CHED 16. QUALIFICATIONS OF APPLICANTS FOR CERTIFIED PLANT MECHANIC Ch _HE MUST NOT HAVE BEEN CONVICTED BY A COURT OF LAW (C1_—_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 OB POWER PLANT ENGINEERING OR ANY MECHANICAL PLANT OPERATION (DHE HAS RECORD OF AN ADDITIONAL ONE (1) YEAR OR MORE OF (ACTIVE PRACTICE IN MECHANICAL PLANT OPERATION INDICATED IN AN AFFIDAVIT OF A PME AND THAT THE APPLICANT IS COMPETENT TO UNDERTAKE THE OPERATION, TENDING AND MAINTENANCE OF MECHANICAL WORKS, PROJECTS Ok PLANT OF NOT LESS THAN OME HUNDRED (100) KILOWATTS. 47. SCOPE OF EXAMINATION - ‘PROFESSIONAL MECHANICAL ENGINEER . THE GRANTING OF CERTIFICATE OF REGISTRATION SHALL BE TESTIMONIAL IN NATURE WHICH SHALL INCLUDE: © SUBMISSION OF AN ENUMERATION OF THE APPLICANTS. EXPERIENCE o—PRESENTATION OF AN ENGINEERING REPORT/TECHNICAL PAPER PERTINENT TO HIS LINE OF EXPERIENCE ATTESTED To BY TWO (2) OR MORE PME IN AN AFFIDAVIT FOR THIS PURPOSE(MECHANICAL ENGINEER THE APPLICANT. SHALL PASS A WRITTEN. EXAMINATION OW DIFFERENT SUBJECTS OR GROUP OF SUBJECTS PRESCRIBED BY THE BOARD, THE SUBJECTS IN WHICH THE APPLICANT FOR MECHANICAL ENGINEERS SHALL BE EXAMINED ARE: ‘© ACHINE DESIGN, MATERIALS, AND SHOP PRACTICE ‘© INDUSTRIAL AND POWER PLANT ENGINEERING MATHEMATICS ENGINEERING ECONOMICS AND BASIC ENGINEERING SCIENCES CERTIFIED PLANT MECHANIC THE EXAMINATION FOR CERTIFIED PLANT MECHANIC MAY BE WRITTEN OR ORAL ON SUBJECT MATTERS BASED ON THE FOLLOWING SUBNITTED STATEMENT OF EXPERIENCE: ‘© ELEMENTS OF POWER PLANT MACHINERY © FLEWENTS OF INDUSTRIAL PLANT MACHINERY ‘© SHOP MACHINERY AND PRACTICE SUBJECT TD THE APPROVAL OF THE COMMLLSION. THE BOARD AAY AMEND (OR REVISE THE SUBJECTS, THEIR SYLLABI, PASSING AVERAGE AND THE SYSTEM AND PROCEDURE I THE LICENSURE EXAMINATIONS FOR THE PRACTICE OF MECHANICAL ENGINEERING AND THE conRESPONDING WEIGHT PURSUANT TO IMPLEMENTING RULES AND REGULATIONS ISSUED ‘OR THIS PURPOSE THE SAID SUBIECTS AND THEE SYLABI MAY BE AMENDED BY THE BOAED SO AS TO CONFORM TO TECHNOLOGICAL CHANGES ‘BROUGHT ABOUT BY CONTINUING TRENDS IN THE PROFESSION 118. REPORT OF RATINGS THE BOARD SHALL SUBMIT THE RATINGS TO THE COMMISSION (WITHIN 15 DAYS, 19. RE-EXAMINATION ‘AN APPLICANT WHO FAILS THE EXAMINATION FOR THE THIRD (3%) TIME SHALL BE ALLOWED TO TAKE ONLY AFTER THE LAPSE OF ONE Ye, 20. ORTH ALL CANDIDATES WHO PASSED SHALL BE REQUIRED TO TAME Ad OATH OF PROFESSION BEFORE THE BOARD O8 ARY GOVERNMENT OFFICIAL AUTHORIZED TO ADMINISTER OATHS BEFORE PRACTICE ‘24. ISSUANCE OF CERTIFICATIONS OF REGISTRATION AND PROFESSIONAL LICENSE ‘UPON PAYMENT OF THE REGISTRATION FEE, THE BOARD SHALL ISSUE A CERTIFICATE OF REGISTRATION TO ANY APPLICANT WHO WAS ET ALL THE REQUIREMENTS, CERTIFICATE. 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 CCOMMUSSION. THE ISSUANCE OF A CERTIFICATE OF REGISTRATION THAT THE PERSON NAMED THEREIN 1S ENTITLED TO ALL THE PRIVILEGES THAT A PE, RUE, CPM HAVE. A PROFESSIONAL LICENSE BEARING THE RESISTRATION NUMBER, DATE OF ISSUANCE, EXPIRY DATE AND DULY SIGNED BY THE CHAIRMAN OF THE BOARD, SHALL LIKEWISE BE ISSUED TO EVERY REGISTRANT, PROVIDED THAT PROFESSIONAL FEES HAVE BEEN PAD. ‘NO PERSON SHALL PRACTICE MECHANICAL ENGINEERING IW THIS COUNTRY UNLESS SUCH PERSON SHALL HAVE SECURED A LICENSE. = SUBJECT TO THE APPROVAL OF THE CONNUSSION, CERTIFICATES OF SPECIALTY SHALL BE ISSUED BY THE BOARD, SUBJECT TO THE APPROVAL OF THE COMMISSION, TO PROFESSIONAL MECHANICAL ENGINEERS, THESE ARE FOR SPECIFIC FIELOS IN WHICH THE APPLICANTS. HAVE SPECIALIZED KNOWLEDGE, TRAINING AND EXPERIENCE AND HAVE DOCUMENTED THEIR COMPETENCE AND EXPERTISE ‘23. INTEGRATION AND ACCREDITATION OF MECHANICAL ENGINEERS = CTNTEGRATED ORGANIZATION OF MECHANICAL ENGINEERS SHALL BE CREATED AND ACCREDITED BY THE BOARD AND COMMISSION, ALL PERSONS WHOSE NAMES NOW APPEAR IN THE ROLL OF PME, ME AND CPM UPON REGISTRATION AND PAYMENT OF THE REQUIRED FEES SHALL AUTOMATICALLY BECOME MEMBERS OF THE RG, = THE INTEGRATION OF THE MECHANICAL ENGINEERING PROFESSIONAL SHALL NOT BE A BAR TO THE FORMATION oF ‘VOLUNTARY ORGANIZATION OF MECHANICAL ENGINEERS. WHICH WAY COENIST BETWEEN AFFILIATED ORGANIZATIONS, = THE BOARD, SUBJECT TO THE APPROVAL BY THE COMMISSION AND AFTER CONSULTATION WITH THE EXISTING ACCREDITED ORGANIZATION OF MECHANICAL ENGINEERS AND OTHER AFFILIATED ORGANIZATION OF MECHANICAL ENGINEERS AND, IF POSSIBLE WITH THE SUBSTANTIAL NUMBER OF THE MECHANICAL ENGINEERS WHO ARE NON-ORGANIZATION MEMBERS, SHALL PROVIDE. THE GUIDELINES AND MECHANISMS FOR THE ESTABLISHMENT AND CREATION, CONTINUED SUPERVISION OF THE INTEGRATED AND ACCREDITED ORGANIZATION OF MECHANICAL ENGINEERS ~ THE REGISTERED AND LICENSED ENGINEERS AND CERTIFIED PLANT MECHANICS SHALL RECEIVE THE BENEFITS AND PRIVILEGES APPURTENANT TO THEIR MEMBERSHIP IN DULY INTEGRATED AND ACCREDITED MECHANICAL ENGINEERING ASSOCIATION ONLY UPON PAYMENT OF THE REQUIRED FEES AND DUES. ‘24, SEAL OF PROFESSIONAL MECHANICAL ENGINEER ‘25, NON-ISSUANCE OF CERTIFICATE OF CERTAIN GROUNDS THE BOARD SHALL NOT ISSUE A CERTIFICATE OF REGISTRATION TO ANY PERSON CONVICTED OF CRIMES INVOLVING MORAL TURPITUDE, ( IMMORAL OB DISHONORABLE CONDUCT OR ANY PERSON OF UNSOUND MIND. DECLARED BY A COURT OF COMPETENT JURISDICTION‘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 (© _ THE USE IN WHATEVER WAY OF ANY FRAUD OR DECEIT IN OBTAINING A CERIFICATE OF REGISTRATION ‘© GROSS NEGLIGENCE OR INCOMPETENCE © _UNPROFESSIONAL Ok DISHONORABLE CONDUCT © WOLATION 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 DECISTON ON THE MATTER SHALL BE FINAL ‘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: co THE USE OR PERPETUATION OF ANY FRAUD OR DECEIT IN OBTAINING A CERIFICATE OF REGISTRATION co FORINCOMPETENCE AND NESLIGENCE co TULEGAL PRACTICE OF MECHANICAL ENGINEERING, VIOLATION OF THE PROVISIONS OF THE ME LAW, CODE AND ETHICS, = PROVIDE, HOWEVER, THAT SUCH ACTION OF THE BOARD SHALL BE SUBJECT TO APPEAL WITH THE PROPER REGIONAL TRIAL COURT FoR APPROPRIATE RELI ‘28, REINSTATEMENT RND REPLACEMENT OF THE CERTIFICATES THE BOARD MAY. REINSTATE THE VALIDITY OF A. REVOKED CERTIFICATE OF REGISTRATION AND PROFESSTONAL LICENSE, POW PAYMENT OF THE REQUIRED FEES, AT LEAST TWO (2) YEARS AFTER REVOCATION A NEW CERTIFICATE OF REGISTRATION TO. REPLACE NY CERTIFICATE LOST, DESTROYED OR MUTILATED MAY BE ISSUED. 29, RENEWAL OF LICENSE ~ LUCENSE SHALL SERVE AS EVIDENCE THAT THE LICENSEE cad PRACTICE HIS PROFESSION UNTIL ITS EXPIRATION. HOWENER, RENEWAL OF LICENSE CAN ONLY BE DONE UPON PRYMENT OF RENEWAL FEE CORRESPONDING TO TARE (3) CONSECUTIVE YEARS ‘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 ‘34, COVERAGE OF TEMPORARY /SPECIAL PERMITS MECHANICAL ENGINEERS FROM OTHER COUNTRIES CALED IN FoR CONSULTATION OR FOR A SPECIFIC PROJECT NOT REQUIRING MORE THAN THRE (3) NONTHS RESIDENCE THE PIIPPNES IMR TWELVE (42) MONTH PERIOD: PROVIDED THAT THE ENGINEER IS LEGALLY UALIFIED TO PRACTICE MECHANICAL ENGINEERING IN THEIR OWN COUNTRY. IN. WHICH THE QUALIFICATIONS FOR OBTAINING A CERTITATE ARE AT LEAST EQUAL TO OR MORE FOREIGNERS EMPLOYED AS. TECHNICAL OFFICERS, TRAINING OFFICERS OR CONSULTANTS IN SUCH SPECIAL BRANCHES OF MECHANICAL ENGINEERING MAY BE JSSUED TEMPORARY PEAT co NON-AVAILABILITY OF R MECHANICAL ENGINEER AND/OR INECHANIC IN THE COUNTRY WHO 1S COMPETENT, ABLE AND WALLIN. co THE FOREIGNER MUST HAVE BEEN IN THE PRIOR ENPLOY OF THE ENGAGING FIRM, OR TTS FOREIGN BUSINESS PARTNER, OUTSIDE OF THE PHILIPPINES FoR A PERIOD OF NOT LESS THAN ONE (1) YEAR co ANY PARTICULAR OR SPECTFC ENGAGEMENT SHALL NOT BE 1 EXCESS OF SIX (6) MONTHS BUT MAY BE RENEWED ONCE, TF NECESSARY, EXCEPT WHEN SUCH ENGAGEMENT 1S FOR A NEWLY ESTABLISHED FIRM ~ NOT TO EXCEED A ‘TOTAL TERM OF TWO (2) YEARS. 32. INDICATION OF LICENSE AND PROFESSIONAL TAX RECEIPT 33. FIELD OF ACTION AUTHORIZED FOR ERCH CATESO ARTICLE IV PRACTICE OF PROFESSION PREPARATION OF PLANS AND DESIGNS NIJ TT SHALL BE UNLAWFUL FOR ANY PERSON, UNLESS AUTHORIZED UNDER THIS AC: ae TEACH PROFESSIONAL SUBJECTS CONSTRUCTION, ERECTION, INSTALLATION OF MECH”L ENG"6 SERVICES OPERATE, TEND, OR MAINTAIY ‘100KWPLANT<300KW OPERATE, TEND, OR MAINTAIY Pua OPERATE, TEND, OR MAINTAIN ‘S00KW2000KW it35. PREPARATION OF PLANS AND SUPERVISION OF CONSTRUCTION BY LICENSED ENGINEERS REQUIRED = TT SHALL BE UNLAWFUL TO ORDER THE FABRICATION, CONSTRUCTION, ERECTION, INSTALATION OR ALTERATION OF ANY MECHANICAL WORKS, PROTECTS, OR PLANTS, UNLESS THE DESIGNS, PLANS, LAYOUTS ok SPECIFICATIONS HAVE BEEN PREPARED BY O8 UNDER THE RESPONSIBLE CHARGE OF, AND DULY SIGNED AND SEALED BY A PROFESSIONAL [MECHANICAL ENGINEER, = PROPOSALS AND QUOTATIONS FOR THE SUPPLY AND FABRICATION OF MECHANICAL EQUIPMENT, WORKS, PROJECTS, PLANTS, MECHANICAL OLUTION ABATEMENT SYSTEMS, MECHANICAL FIRE PROTECTION SYSTENS, PRESSURIZED PIPES WAITH A WORKING PRESSURE OF NOT LESS THAN 70 KPA, SHALL BE DULY SIGNED AND SEALED BY A PROFESSIONAL MECHANICAL ENGINEER ‘36. PRACTICE NOT ALLOWED FOR FIRMS AND CORPORATIONS NO FIRM, COMPANY PARTNERSHIP, ASSOCIATION OR CORPORATION MAY SE REGISTERED OR LICENSED AS SUCH FOR THE PRACTICE OF [MECHANICAL ENGINEERING PROVIDED THAT: = NOBODY SHALL BE A MEMBER, PARTNER OR ASSOCIATE UNLESS HE IS K ‘DULY REGISTERED AND LICENSED MECHANICAL ENGINEER, AND THE [MEMBERS WHO ARE MECHANICAL ENGINEERS SHALL ONLY RENDER WORK AND SERVICES PROPER FOR MECHANICAL ENGINEERS AS DEFINED IN THIS AC. ‘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, SHALL POST 08 CAUSE TO BE POSTED IN A VISIBLE PLACE \WITHIN SUCH PLANT OF BUSINESS, THE ORIGINAL CERTIFICATE OF REGISTRATION OF THE ENGINEER AND OF THE CERTIFIED PLANT [MECHANICS EMPLOYED IN SUCH PLANT, IN FRMKE. ‘38 ROSTER OF ENGINEERS AND MECHANICS ‘A -ROSTER_SHOWING THE NANES AND PLACE OF BUSINESS OF AL 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. 239, FOREIGN RECIPROCITY ~ HO FOREIGN MECHANICAL ENGINEER SHALL BE ALLOWED 0 BeacricE “MECHANICAL ENGINEERING UNLESS HE CAN PROVE THAT THE COUNTRY (OF WHICH HE IS A SUBJECT OR CITIZEN, JW HE SPUR OF RECIPROCITY PERMITS FILIPINO MECHANICAL ENGINEERS AND/ OR MECHANICS TO PRACTICE WITHIN IS TERRITORIAL LIMITS 40 ENFORCEMENT OF THE ACT BY THE OFFICERS OF THE LAW ~ THE PRC SHALL BE THE ENFORCEMENT AGENCY OF THE BOARD NS SUCH, THE COMMISSION SHALL TMPLEMENT THE CONCERNED PROVISIONS OF THIS ACT, 4 ¢OLICATON REWUREMENTS JW A GOVERNMENT OR PRIVATE INSTITUTION WHERE A_PostTION EQUIRES A_MASTERS- DEGREE HOLDER, A HOLDER_OF PROFESSIONAL ‘MECHANICAL ENGINEER LICENSE SHALL BE ELIGIBLE FOR THE POSITION. + WHERE A POSITION REQUIRES A PROFESSIONAL MECHANICAL ENGINEER LICENSE,_A_HOLDER_OF_A MASTERS OR DOCTORATE DEGREE IN “MECHANICAL ENGINEERING, WITH _A REGISTERED MECHANICAL -ENGINEER- LICENSE SHALL BE CONSIDERED FOR THE POSITION ARTICLE W PENAL AND CONCLUDING PROVISIONS 42. PENALTIES = PENALIZED BY A FINE OF NOT LESS THAN TY THOUSAND ESOS (P50,000.00) NOR MORE THAN TWO HUNDRED THOUSAND sos (P200,00.00), ok HPRISONMENT OF NOT LESS THAN SK (8) MONTHS NOR MORE THAN THREE (3) YEARS, ox BOTH FINE AND IMPRISONMENT AT THE DISCRETION OF THE COURT 43 IMPLEMENTING RULES AND REGULATIONS ~ THE BOARD SHALL FORMULATE AND ISSUE THE IMPLEMENTING ULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS ACT, 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 TTS ENACTMENT INTO LAW AND THEREAFTER 45, SEPARABILITY CLAUSE = TFA SECTION oR PORTION OF TAIS ACT SHALL BE DECLARED UNCONSTITUTIONAL OR INVALID, THE SAME SHALL NOT TNVALIDATE ALL OTHER SECTIONS OR PORTIONS NOT AFFECTED THEREBY 46, REPEALING CLAUSE COMMORWERLTH ACTINON294, aS avenoeD By REPUBLIC RCT 5896, 15 HEREBY REPEALED AND ALL OTHER LAWS, PARTS (OF LM, OTHERS, ORDINANCES, REGULATIONS RELATIVE TO THE PRACTICE OF MECHANICAL ENGINEERING WHICH ARE INCONSISTENT WITHTHE PROVISIONS OF THIS ACT ARE HEREBY REPEALED OB MODIFIED ACCORDINGLY. ‘47_ TRANSITORY PROVISIONS MECHANICAL PLANT ENGINEERS POSSESSING VALID CERTIFICATES OF REGISTRATION ISSUED UNDER COMMONWEALTH ACT MO. 294 WITH BSNE DEGREE SHALL REGISTER AND BE ISSUED CERTIFICATES 4S RESON GORMIAINENGNNEERS 7 REPLACE THEIR ORIGINAL CERTIFICATE OF REGISTRATION. = FACULTY EMBERS CURRENTLY TEACHING MECHANICAL ENGINEERING PROFESSIONAL SUBJECTS IN UNIVERSITIES SHALL NOT BE ALLOWED TO CONTINUE TEACHING AFTER FE (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 = THE PRESENT BOARD SHALL CONTINUE TO FUNCTION 1H TeNPORARY UNTIL SUCH TIME AS THE NEW BOARD SHALL BE cousTITuTE. 48, EFFECTIVELY CLAUSE = THIS ACT SHALL TAKE EFFECT TEEN (15) DAYS FOLLOWING 1S PUBLICATION TN THE OFFICAL GAZETTE OR A. MATOR DAILY. NEWSPAPER OF GENERAL CIRCULATION. IN THE PHILIPPINES, WHICHEVER 1S EARLIERCODE OF MECHANICAL ENGINEERING ETHICS IN THE PHILIPPINES PURSUANT TO SECTION 9 OF COMMONWEALTH ACT NO. 294, AS AMENDED, OTHERWISE KNOWN AS THE MECHANICAL ENGINEERING LAW, THIS CODE OF MECHANICAL ENGINEERING ETHICS 1S HEREBY ADOPTED BY THE ono 1. SHALL BE GOVERNED BY THE GOLDEN RULE, THE IDEALS OF SERVICE TO MAN AND HIS ENVIRONMENT, AND THE INDISPENSABILITY OF UNWAVERING PUBLIC CONFIDENCE IN IS PROFESSIONAL COMPETENCE, INTEGRITY AND HUMANITY. 2. SHALL MAINTAIN THE PROPER PRIDE FoR HIS PROFESSION 3, SHALL UPDATE. AND ENHANCE CONSTANTLY HIS PROFESSIONAL KNOWLEDGE AND SKILLS 4, ETHICAL PRINCIPLE APPLIES EQUALLY TO PARTNERSHIPS, FIRMS AND ENTITIES ORGANIZED AND EXISTING RELATIONS WITH THE STATE 'S. SHALL BE GOVERNED BY THE GOLDEN RULE, THE IDEALS OF SERVICE TO MAN AND HIS ENVIRONMENT, AND THE INDISPENSABILITY OF UNWAVERING PUBLIC CONFIDENCE IN HIS PROFESSIONAL COMPETENCE, INTEGRITY AND HUMANITY. 6. SHALL MAINTAIN THE PROPER PRIDE FOR HIS PROFESSION 7. SHALL UPDATE. AND ENHANCE CONSTANTLY. HIS PROFESSIONAL KNOWLEDGE AND SKILLS 8 ETHICAL PRINCIPLE APPLIES EQUALLY TO PARTNERSHIPS, FIRMS AND ENTITIES ORGANIZED AND EXISTING RELATIONS WITH THE COMMUNITY 9, SHALL BE WELL-INFORMED OF THE LATEST TECHNOLOGIES. HE SHALL BE REQUIRED THE USE OF STANDARDS WHENEVER HE DESIGNS & PROJECT, HE MUST APPLY AN ADEQUATE FACTOR OF SAFETY, AND PROVIDE FOR THE LEEWAY FOR PROPER (OPERATING AND MAINTENANCE CONDITIONS, WHEN HE DISCOVERS FAULTY OB UNSAFE WORK HE SHALL QUICKLY, GIVE NOTICE EVEN IF HE IS NOT RESPONSIBLE RELATIONS WITH LABOR SHALL RECOGNIZE LABOR AS. A MAJOR RESOURCE AND ACKNOWLEDGE THAT A WORKING MAN IS NOT A MECHANICAL ROBOT BUT A HUMAN BEING, HE SHALL BE FAMILIAR WITH THE STATE POLICIES ON LABOR AND SOCIAL JUSTICE AND MUST OBSERVE THEM. SHALL STRIVE TO INPROVE THE SKILLS OF HIS WORKMEN, PAY THEA FAIR LIVING WAGE, AND INSTRUCT THEM ON HOW TO PREVENT ACCIDENTS IN THEIR PLACE OF WORK. EFFECTIVITY THIS SHALL TAKE EFFECT AFTER APPROVAL BY PRC AND AFTER 15; DAYS FOLLOWING ITS PUBLICATION. 10. 1 12. 13, M4. 31, RELATIONS WITH CLIENTS AND EMPLOYEES 5. 18, 19. 20. 1 32, SHALL OBSERVE PUNCTUALITY IN HIS APPOINTMENTS, PERFORM. HONESTLY AND IN GOOD FAITH HIS CONTRACTUAL OBLIGATION, AND OBSERVE FAIR DEALING SHALL TREAT WITH CONFIDENTIALITY ALY INFORMATION OBTAINED BY HIM AS TO THE BUSINESS SHALL INFORM HIS CLIENT OR EMPLOYER OF HIS CONNECTIONS, INTERESTS, OR AFFILIATIONS WHICH MAY INFLUENCE HIS JUDGMENT ENTITLED TO A FAIR COMPENSATION FOR HIS SERVICES. TO COMPUTE, THE PERIOD OF TIME CONSUMED, HIS KNOWLEDGE, SKILL, EXPERIENCE, AND REPUTATION, AND THE DEPRECIATION OF INSTRUMENTS USED, SHALL BE CONSIDERED HE SHALL ACCEPT COMPENSATION FOR HIS SERVICES FROM HIS CLIENT OR EMPLOYER ONLY, HE MAY RECEIVE COMPENSATION FROM ANY OTHER SOURCE ONLY WITH THE FULL CONSENT OF ALL PARTIES CONCERNED. SHALL BE ABOVE SUSPICION IN HIS RELATION WITH HIS CLIENTS, AVOIDING THE DISTANT REFERENCE TO ANY QUESTIONABLE ANGREEWENT ON FINANCIAL CONSIDERATIONS RECEIVED FROM ANY ENTITY OTHER THAN HIS CLIENT RELATIONS WITH COLLEAGUES AND ASSOCIATES BE TRUE AND YOU CANNOT BE FALSE TO ANY MAN SHALL USE ONLY FAIR MEANS TO GAIN PROFESSIONAL ADVANCEMENT, IN THE PURSUIT THEREOF HE SHALL NOT INURE THE WORK OPPORTUNITIES OF OTHERS OR USE ANY DMPROPER ‘METHOD OF SOLICITING EMPLOYMENT. HE SHALL REFRAIN FROM ASSOCIATION WITH ANY PERSON OF (QUESTIONABLE REPUTATION, SHALL PROVIDE THE MEANS TO ADVANCE THE KNOWLEDGE, SKILLS, AND EXPERIENCE OF HIS ASSOCIATES, SHALL DEFINE CLEARLY THE LINE OF AUTHORITY AND SCOPE OF RESPONSIBILITY OF HIS ASSOCIATES. ORDERS SHALL BE ISSUED THROUGH PROPER CHANNELS SHALL BE OPEN TO NEW IDEAS FROM OTHERS, AND READY TO RECOGNIZE THE AUTHORS. SHALL USE SENSITIVITY IN DEALING WITH HIS ASSOCIATES, BUT NOT SACRIFICING FIRMIESS. HE SHALL WoRK OUT DIFICULT PROBLEMS WITH COURAGE AND SERENITY. CAREFUL SELECTION OF UNDERSTUDIES SHALL BE A GUIDING PRINCIPLE, AND PREFERENCE SHALL BE GIVEN TO THOSE WITH ACCEPTABLE ENGINEERING EDUCATION, SHALL NOT LET OTHERS FACE DANGER THAT HE WILL NOT FACE AND HE SHALL OBSERVE SAFETY REQUIREMENTS SHALL SUPPORT THE ASSOCIATION WITH THE GOAL OF ENKANCING THE PRACTICE OF PROFESSION PENAL P SIONS VIOLATION OF ANY PROVISION OF THIS CODE SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN 200.00, OR AN IMPRISONMENT FOR. NOT MORE THAN 2 MONTHS, OR BOTH, VIOLATION OF ANY PROVISION OF THIS CODE SHALL BE DEALT WITH. UNDER THE PROVISIONS OF SEC 42 OF THE ME ACT, RA. NO. 8495,