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Me Code

1. The document establishes the Board of Mechanical Engineering to regulate the practice of mechanical engineering in the Philippines. 2. The Board will be composed of a Chairman and two members appointed by the President from nominees put forward by the Professional Regulation Commission and accredited mechanical engineering associations. 3. Board members must be Philippine citizens and residents over 35, hold an accredited bachelor's degree in mechanical engineering, and not have been convicted of moral turpitude offenses.

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0% found this document useful (0 votes)
289 views20 pages

Me Code

1. The document establishes the Board of Mechanical Engineering to regulate the practice of mechanical engineering in the Philippines. 2. The Board will be composed of a Chairman and two members appointed by the President from nominees put forward by the Professional Regulation Commission and accredited mechanical engineering associations. 3. Board members must be Philippine citizens and residents over 35, hold an accredited bachelor's degree in mechanical engineering, and not have been convicted of moral turpitude offenses.

Uploaded by

Isabel V
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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commissioning of mechanical equipment, machinery,

REPUBLIC OF THE PHILIPPINES or processes in mechanical works, project or plant;


CONGRESS OF THE PHILIPPINES
METRO MANILA (4) Management, supervision, operation,
tending or maintenance of any mechanical
TENTH CONGRESS equipment, machinery or processes in mechanical
work, projects or plants;
THIRD REGULAR SESSION
(5) Management or supervision of the
Begun and held in Metro Manila, on Monday, the manufacture, sale, supply or distribution of
twenty-eight date of July, mechanical equipment, parts or components;
nineteen hundred and ninety seven.
(6) Teaching of mechanical engineering
[ REPUBLIC ACT NO. 8495 ] professional subjects in government recognized
accredited engineering schools; and
AN ACT REGULATING THE PRACTICE OF
MECHANICAL ENGINEERING IN THE (7) employment in government as a
PHILIPPINES professional mechanical engineer, registered
mechanical engineer, or certified plant mechanic if the
Be it enacted by the senate and House of nature and the character of his work is in line with his
Representatives of the Philippines in the congress profession requiring professional knowledge of the
assembled: science of the mechanical engineering;

ARTICLE 1 b) Mechanical equipment or machinery –


TILTLE, STATEMENT OF THE POLICY AND includes all prime moves such as steam engines and
DEFINITION OF TERMS turbines, internal combustion engines and gas
engines and turbines; steam generators such as
Sec,1. Title - This act shall be known as the boiler; furnaces; heat exchanger such as cooling
“Philippine Mechanical Engineering Act of 1998.” towers, kilns and dryers, coolers and heaters;
materials handling equipment, such as pumps,
Sec, 2. Statement of Policy – The state cranes, conveyors, hoist elevators, escalators,
recognizes the importance of mechanical engineers in mechanized dump-waiters, moving ramps and
nation building and development. Their talents walkways; heating, air conditioning, ventilating and
through sustainable human development should be refrigeration equipment and machinery including
promoted. Thus, the State shall develop and nurture compressors and centrifugal fans, mechanical
competent, virtuous, productive and well-rounded pollution abatement and environmental control
mechanical engineers whose standards of system; piping system with a working pressure of not
professional practice and service shall be excellent, less than 70 kPa., fired and unfired pressure vessels,
qualitative, world-class and globally competitive printing machine; mechanical working machines for
through regulatory measures, programs and activities. metallic and non-metallic materials and other
mechanical equipment and machinery whether
Sec, 3. Definition of Terms – As used in this installed on land, underground, or on board water
Act, the following terms shall mean as follows: craft.

a) Practice of Mechanical Engineering – A c) Mechanical processes, works, projects or


person shall be deemed to be practicing mechanical plants shall include steam plants, geothermal plants,
engineering of rendering mechanical engineering dendro-thermal plants, nuclear plants, ocean thermal
service within the meaning and intent of this Act when energy conservation (OTEC) plants, internal
he performs the following: combustion plants, hydraulic plants, pumping plants,
compressed gas plants, all kinds of mills, shops,
(1) Consultation, valuation, investigation and factories, shipyard drydocks, heating, air conditioning,
management services requiring mechanical ventilating and refrigeration plants containing any
engineering knowledge: mechanical equipment, machinery or processes
deriving power from steam, fossil fuels, wind, air,
(2) Engineering design, preparation of plans, solar heat, nuclear energy, ocean waves and tides, or
specifications and project studies or estimates for other energy sources.
mechanical equipment, machinery, or processes in
mechanical works, projects or plant; d) Capacity of process works, projects or
plant-rated capacity in kilowatt of mechanical works,
(3) Management or supervision of the projects or plants for the purpose of this Act shall be
erection, installation, alteration, testing and the total kilowatt ratings of all engines, motors,
boilers, turbines, or other primers installed for such in
such works, projects or plants, whether in operation or (g) Has never been convicted of any
not, and without regard to the number of capacities of offense involving moral turpitude.
the mechanical equipment, machinery or processes
receiving power from or intended to be driven by such SEC 6. Term of Office. – A member of
prime movers. 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,
ARTICLE II however, that such incumbent member shall been
BOARD OF MECHANICAL ENGINEERING reappointed for another three (3) year term. No
member of the Board shall serve for more than two
SEC. 4. Creation and Composition of the (2) regular terms. Any vacancy occurring within the
Board of Mechanical Engineering. – there is hereby term of a member due to resignation, conviction of
created a Board of Mechanical Engineering, any kind, disability or death, shall be filled with
hereinafter called the Board, to be composed of a appointment by the President of the Philippines; and
Chairman and two(2) members to be appointed by the such member appointed shall serve for an unexpired
Presidents of the Philippines from a list of three (3) portion of the term vacated without prejudice to serve
recommendees for each position, chosen, ranked in for a maximum of two (2) full terms. If the appointee
the order of preference and submitted by the comes from the incumbent Board, he shall serve the
Professional Regulation commission, hereinafter remaining vacated term in addition to the previous
referred to as the commission, form a list of five (5) years he had already served and shall be qualified for
nominees submitted by the duly accredited reappointment for his new position:
association of mechanical engineers in the
Philippines. The board shall be organized not later Provided, his aggregate number of years
than six (6) month from the effectivity of this Act. service shall not exceed two (2) regular full terms.

SEC 5.Qualification of Members of the Board. Each member of the Board shall take his
A member of the Board shall, at the time of this oath of office prior to the official performance of the
appointment, possess the following qualification: duties.

(a) Natural born citizen and resident of the SEC 7. Compensation and Allowances
Philippines; of the Board Members. – The Chairman and
members of the Board shall receive compensation
(b) Must be at least thirty-five (35) years of and allowances comparable to the compensation and
age; allowances being receive by the Chairmen and
members of existing regulatory boards with the
(c) Holder of the degree of Bachelor of Commission and as may be provided for in the
Science in Mechanical Engineering or its equivalent, General Appropriations Act.
conferred by a school, academy, college, or university
in the Philippines or abroad that is accredited by the SEC 8. Supervision of the Board,
Commission on Higher Education (CHED); Custodian of its Records. Secretariat and Support
Services. – The Board shall be under general
(d) A Professional Mechanical Engineer with supervision of the Commission. All records of the
a valid professional license and an active practitioner Board, including applications for examination,
as such, for not less than ten (10) years prior to his examination papers and results, minutes of
appointment; deliberation, administrative classes, and other
investigative cases involving the profession shall kept
(e) Must not, for a period of three (3) by the commission. The Commission shall designate
consecutive years prior to appointment, be a member by the secretary of the board and shall provide the
of the faculty of any, school, academy, institute, Secretariat and other support services to implement
college or university where a regular course in the provisions of this act.
mechanical engineering is being taught, nor have
pecuniary interest in or administrative supervision SEC 9. Power and duties of the Board. –
over any such institute of learning; The Board shall exercise the following specific
powers, functions, duties and responsibilities:
(f) Must not, for a period of three (3)
consecutive years prior to appointment, be connected (a) To promulgate and adopt the rules
with a review center or in any group of association and regulations necessary for carrying out the
where review classes or lectures in preparations for provisions of this act;
the licensure examination are offered or conducted at
the time of appointment; and (b) To supervise the registration,
licensure and practice of mechanical engineers in the
Philippines;
will upgrade and improve the conditions affecting the
(c) To administer oaths in connection practice of mechanical engineering in the Philippines.
with the successful examinees entering the Practice
of Mechanical Engineering; SEC. 11. Removal of board member. –
The President upon recommendation of the
(d) To issue the certificate of registration Commission may remove any member of the Board
to successful examinees; on the following grounds: neglect of duty of
incompetence, violation or tolerance of the violation of
(e) To issue, suspend and/or revoke, this Act of the Code of Ethics for mechanical
after due process, certificates of registration and Engineering, final judgment of crimes involving moral
issue, cancel and suspend professional license or turpitude, after having given the members an
cancel special permits for the practice of mechanical opportunity to be heard and/or depend himself in a
engineering, for cause provided by law; proper administrative investigation.

(f) To adopt an official seal of the Board;


ARTICLE III
(g) To look in the conditions affecting the EXAMINATION, REGISTRATION AND LICENSE
practice of the mechanical engineering profession and
whenever necessary, adopt such measures as may SEC.12. Examination Required. – All
be deemed proper for the enhancement and applicants for registration for the practice of
maintenance of high professional and ethical mechanical engineering shall be required to undergo
standards for profession; and pass a written technical examination as provided
for in this Act.
(h) To prescribe and/or adopt a Code of
ethical and professional Standards for the practice of SEC. 13. Categories. – Certificates of
the mechanical engineering profession; registration for the practice of mechanical engineering
shall be of three (3) categories and in order of rank as
(i) To hear and try administrative cases follows:
involving violations of the act, its Implementing Rules
and Regulations, the Code of Ethics for Mechanical (a) Professional Mechanical Engineer;
engineers, and for this purpose, to issue subpoena
and sudpoena duces tecum to secure the appearance (b) Mechanical Engineer; and
of witnesses and the production of documents in
connection therewith; (c) Certified Plant Mechanic.

(j) Prescribe guidelines in the Continuing SEC. 14. Qualifications of Applicants for
Professional education (CPE) program in coordination professional Mechanical Engineer. – Any applicant to
with accredited association of the mechanical the professional mechanical engineering examination
engineers; must, at the time of filling of his application, establish
to the satisfaction of the Board that:
(k) Prepare, adopt, issue or amend the
syllabi of the subjects for examination; (a) He is a citizen of the Philippines;

(b) He must not have been convicted by


(l) Approve, issue, limit, or revoke a court of law of a crime involving moral turpitude;
temporary license to practice mechanical engineering;
and (c) He has valid certificate of registration
and he is a registered mechanical engineer and a
(m) Discharge such other duties and holder of valid professional license;
functions as may be deemed necessary for the
enhancement of the mechanical engineering (d) He has graduated from an
profession and the upgrading, development and engineering school or college of recognized standing,
growth of mechanical engineering education in the after completing an approved course in mechanical
Philippines. engineering;

SEC. 10. Annual Report. – The Board (e) He has specific record of a total of
shall, at the close of each calendar year, submit an four (4) years or more of active mechanical
annual report to the President of the Philippines engineering practice, reckoned for time he is
through the Professional Regulation Commission, registered a mechanical engineering practice; and
giving a detailed account of its proceedings and
accomplishments during the year and making
recommendations for the adoption of measures that
(f) He is competent to practice, as
attested to by at least two (2) professional mechanical (b) Mechanical Engineer – The applicant
engineers. shall pass a written examination on different subjects
or groups of subjects prescribed by the Board, and
SEC. 15. Qualifications of Applications within the syllabi prepared by the Board with
for Mechanical Engineer. – Any person applying for emphasis of power plant and industrial plant
examination for a Certificate of Registration as engineering, mathematics, engineering economics,
mechanical Engineer shall, prior to admission to the economic analysis laws and ethics and machine
examinations, establish to the satisfaction of the design.
board that:
The subjects in which the applicant for
(a) He is a citizen of the Philippines; Mechanical Engineers shall be examined are:

(b) He must not have been convicted by 1. Machine Design, materials & shop
a court of law of a crime involving moral turpitude; Practice

(c) He holds the degree of Bachelor of 2. Industrial & Power Plant Engineering
Science in mechanical Engineering from a university,
school, college, academy or institute duly constituted 3. Mathematics, Engineering and basic
and recognized as such by the government. engineering sciences

SEC. 16. Qualifications of Applicants for (c) Certified Plant mechanic – The
Certified Plant Mechanic. – Any person applying for examination for certified Plant Mechanic may be
examination for certificate of registration as Certified written or oral on subject matters based on the
Plant Mechanic shall establish to the satisfaction of following submitted statement of experience:
the Board that;
1. Elements of Power Plant Machinery
(a) He must not have been convicted by
a court of law of a crime involving moral turpitude; 2. Elements of Industrial Plant
Machinery; and
(b) He has graduated from a vocational
or trade school duly recognized by the government 3. Shop machinery Practice
after completing an approved course of not less than
two (2) years in stationary or power plant engineering Subject to the approval of the
of any mechanical plant operation; and Commission, the Board may amend or revise the
subjects, their syllabi, passing average, and the
(c) He has a specific record of an system and procedure in the licensure examinations
additional one (1) year or more of active practice in for the practice of mechanical engineering and the
mechanical plant operation of such character as corresponding weight pursuant to implementing rules
indicated in an affidavit of a registered professional and regulations issued for this purpose.
mechanical engineer, and likewise establish to the
satisfaction of the Board, that the applicant is The said subjects and their syllabi may
competent to the undertake the operation, tending be amended by the Board so as to conform to
and maintenance and mechanical works, projects or technological changes brought about by continuing
plant of not less than one hundred (100) kilowatts. trends in the profession.

SEC. 17. Scope of examination. – The SEC. 18. Ratings. – To pass the
scope of the examination and the methods of examination, a candidate for a professional
procedure shall be prescribed by the Board with mechanical engineer, a mechanical engineer, and
special reference to the applicant’s ability to perform certified plant mechanic must obtain an average of
the type of engineering work pertaining to the seventy percent (70%) on all subjects, with no rating
particular category he is to be registered in. below fifty percent (50%) in any subjects.

(a) Professional Mechanical Engineer – SEC. 19. Reports of Ratings. – The


The granting of professional mechanical engineer Board should submit to the commission, the ratings
Certificate of Registration shall be testimonial in obtain by each candidate within fifteen (15) days after
nature which shall include the submission of an the examinations, unless extended for just cause.
enumeration of an applicants experience including the
presentation of an engineering report/technical paper SEC. 20. Re-examination. – An
pertinent to his line of experience attested to by two applicant who fails to pass the examination for the
(2) or more professional mechanical engineers in an third time shall be allowed to take another
affidavit for this purpose; examination only after the lapse of the year.
hereafter be included therein upon registration and
SEC. 21. Oath. – All successful payment of the required fees shall automatically
candidates in the examination shall be required to become members of the integrated and accredited
take an oath of profession before the Board or any organization of mechanical engineers. The integration
government official authorized to administer oaths, of the mechanical engineering profession shall not be
prior to entering upon the practice of the mechanical a bar to the formation of the voluntary organization of
engineering. the mechanical engineers which may coexist with the
integrated and accredited organization of mechanical
SEC. 22. Issuance of Certificates of engineers. The board, subject to the approval by the
Registration and Professional License. – Upon commission and after consultation with the existing
payment of the registration fee as established by the accredited organization of mechanical engineers and
Commission, the Board shall issue a certificate of other affiliated organization of mechanical engineers
registration to any applicant who has met all the and, if possible with the substantial number of the
requirements specified in this Act for the particular mechanical engineers who are non-organization
category he is registered in. members, shall provide the guidelines and
mechanisms for the establishment and creation,
All certificates of registration shall continued supervision of the integrated and
indicate to full name of the registrants, signed by all accredited organization of mechanical engineers. The
the members of the Board, and the Commission and registered and licensed engineers and certified plant
affixed with the official seal of the Commission. The mechanics shall receive the benefits and privileges
issuance of a certificate of registration by the Board of appurtenant for the membership in duly integrated
registrant is evidence that the person named therein and accredited mechanical engineering association
is entitled to all the privileges of a registered and only upon payment of the required fees and dues.
license professional mechanical engineer, mechanical
engineer or certified plant mechanic, as the case may SEC. 24. Seal of Professional
be, for as long as said certified remains valid. Mechanical Engineer4s. – A professional mechanical
engineer shall, upon registration, obtain a seal of such
A professional license bearing the design prescribed by the Board, bearing the
registration number, date of issuance, expiry date and registrant’s name, the certificate number and the
duly signed by the chairman of the Board, shall legend “Professional Mechanical Engineer.” Designs,
likewise be issued to every registrant, provided that plans, specifications, project feasibility studies,
professional fees have been paid. No person shall appraisals, recommendations, technical reports,
practice mechanical engineering in this country unless proposals and other professional documents involving
such person shall have secured a license to practice mechanical equipment, works, projects or plants shall
mechanical engineering in the matter herein provided. be stamped on every sheet with said seal of the
A licensed is entitled to practice the profession with all registrant when filled with government authorities or
the privileges appurtenant thereto until the expiration when submitted or used professionally: Provided, that
of the validity of his license. it is shall be unlawful for any one to stamp or seal any
documents with the said seal after the certificate shall
Subject to the approval of the have been revoked or cancelled.
Commission, certificates of specialty shall be issued
by the Board, to professional mechanical engineers SEC. 25. Non-issuance of Certificate on
who have been screened and recommended by Certain Grounds. – The Board shall not issue a
accredited mechanical engineers association. These certificate of registration to any person convicted by
are for specific fields, in which the applicants have court or competent jurisdiction of any crime involving
specialized knowledge, training and experience and moral turpitude, or immoral or dishonorable conduct
have documented their competence and expertise. or any person of unsound mind declared by a court of
The Board shall subject to the approval of the competent jurisdiction, furnishing the partly concerned
Commission, and after consultation with said a written statement containing the reasons for such
association concerned, prescribe and issue the action, which statement shall be incorporated in the
necessary guidelines for the issuance of these records of the Board.
certificates.
SEC. 26. Revocation and Suspension of
SEC. 23. Integration and Accreditation Certificate. – The Board shall have the power, upon
of Mechanical Engineers. – An integrated proper notice and hearing, to suspend or revoke any
organization of mechanical engineers shall be created certificate of registration of any registrant for any
and accredited by the Board of mechanical cause specified in the preceding section, or for the
Engineering and the Professional Regulation use in whatever way of any fraud or deceit in
Commission. All persons whose names now appear containing a certificate of registration, or for gross
in the roll of professional mechanical engineers, and negligence or incompetence or for unprofessional or
certified plant mechanics under the custody of the dishonorable conduct and for violation of the code of
Board and the Commission, or those who may ethics for the mechanical engineers and certified plant
mechanics: Provided, That the action of the Board certificate of registration are at least equal to or more
shall be subject to appeal the commission within that those specified in this act as certified by the
fifteen days from notice, whose decision on the matter Board;
shall be final.
b) Foreigners employed as technical
SEC. 27. Ground for Suspension and officers, training officers or consultants on such
Revocation of Licenses, Cancellation of special branches of mechanical engineering who, in
Temporary/Special Permit. – The Board shall have the judgment of the Board, are necessary and
power, upon due notice and hearing, to revoke or advantageous for the country particularly in the
suspend the license of mechanical engineers, or to aspects of the technology transfer, may be issued
cancel temporary/special permit for any cause temporary permits: Provided, that such engagements
specified in the proceeding sections, including but not have satisfied conditions, as may be deemed
limited to: the use of perpetuation of any fraud or necessary, as follows:
deceit in obtaining a certificate registration, or for
incompetence, negligence, or for abatement of the 1) Non-availability of a mechanical
illegal practice of mechanical engineering, violation of engineer and/or mechanic in the country who is
the provisions of this Act, its implementing Rules and competent, able and willing at the time of engagement
Regulations and/or violations of Policies of the Board to perform the service for which the foreigner is
including the Code of Ethics for mechanical desired for;
Engineering: Provided however, that such action of
the board shall be subject to appeal without prejudice 2) The foreigner must have been in the
to the right of the aggrieved party to apply with the prior employ of the engaging firm, or its foreign
proper Regional Trial Court for appropriate relief business partner, outside of the Philippines for a
period of not less than one (1) year immediately
SEC.28. Reinstatement and preceding the date of his engagement;
Replacement of the Certificates. – The Board, upon
application and for reasons of equity and justice, may 3) Any particular or specific engagement
reinstate the validity of a revoked certificate of shall not be in excess of six (6) months but may be
registration and professional license, upon payment of renewed once, if necessary, except when such
the required fees, at least two (2) years after engagement is for a newly established firm in which
revocation. A new certificate of registration to replace case the period of engagement may be for a longer
any certificate lost, destroyed or mutilated may be term but not to exceed a total term of two (2) years.
issued, subject to the rules of the Board, and upon
payment of the required fee. SEC. 32. Indication of License and
Professional Tax Receipt. - The Mechanical Engineer
SEC. 29. Renewal of License. – The shall be required to indicate his Professional License
professional license shall serve as evidence that the number, the duration of validity, including the
licensee can lawfully practice his profession until the professional tax receipt on the documents he signs
expiration of its validity. However, renewal of license uses or issues in connection with practice of his
can only be done upon the payment of renewal fee profession.
corresponding to the three (3) consecutive years.

SEC. 30. Vested Rights. – Automatic ARTICLE IV


registration of Practicing Mechanical Engineers. – All PRACTICE OF THE PROFESSION
practicing Mechanical Engineers who are registered
at the time this act takes effect shall automatically be SEC. 33. Field of Action Authorized For
registered. Each Category Prohibition. – It shall be unlawful for
any reason, unless authorized under this Act:
SEC. 31. Coverage of
Temporary/Special permits. – The following shall be a) to be in responsible charge of
required to secure Temporary/Special Permit from the preparation of plans, designs, investigations,
Board subject to the approval by the Commission: valuation, technical reports, specifications, project
studies or estimates or to be in performance of other
a) Mechanical engineers, installation, professional mechanical engineering activities unless
commission or guarantee engineers from other he is duly licensed Professional Mechanical Engineer.
countries called in for consultation or for a specific
design installation, project not requiring more than b) to teach professional subjects in
three (3) months residence in the Philippines in a mechanical engineering course unless he is duly
twelve (12) month period: Provided, That such licensed Professional Mechanical Engineer, or a
engineers are legally qualified to practice mechanical Master’s degree, or Doctorate degree holder in
engineering in their own country or state in which the mechanical engineering.
requirements and qualifications for obtaining a
c) to be in responsible charge of the operating in more than one shift in twenty-four (24)
construction, erection, installation, alteration, or of the hours shall have, in addition to the minimum
performance of a mechanical engineering service in personnel herein required at least one (1)
connection with the manufacture, sale, supply or professional mechanical engineer in-charge of each
distribution of any mechanical works, project or plant and every additional shift.
either for himself or for other, unless he is duly
registered Professional Mechanical Engineer. SEC. 35. Preparation of Plans and
Supervision of Construction by Licensed Engineers
d) to operate, tend or maintain, or to be required. – It shall be unlawful for any person to order
in-charge of the operation, tending or maintenance of or otherwise cause the fabrication, construction,
any mechanical works, projects, plant of 100 kW or erection, installation, or alteration of any mechanical
more but not more than 300kW unless he is duly equipment, machinery or process for any mechanical
licensed Professional Mechanical Engineer, works, projects, or plants, unless the designs, layouts
Mechanical Engineer or Certified Plant Mechanic. or specifications have been prepared by or under the
responsible charge of, and duly signed and sealed by
e) to operate, tend or maintain, or be in- a Professional Mechanical Engineer.
charge of the operation, tending, or maintenance of
any mechanical equipment, machinery or process of Likewise, proposals and operations for
any mechanical works, projects or plants or 300 the supply and fabrication of mechanical equipment,
kilowatts or above or not more than 2000 kW unless works, projects, plants, mechanical pollution
he is duly licensed Professional Mechanical or abatement systems, mechanical fire protection
mechanical engineer. systems, pressurized pipes with a working pressure of
not less that 70kPa, shall be duly signed and sealed
f) to operate, tend or maintain, or be in- by a Professional Mechanical Engineer.
charge of the operation, tending, or maintenance or
any mechanical equipment, machinery process for SEC. 36. Practice Not Allowed for Firms
any mechanical works, projects or plants of over 2000 and Corporations. – The practice of mechanical
kW unless he is a duly licensed Professional engineering is a professional service, admission to
mechanical Engineer. which shall be determined upon the basis of an
individual’s personal qualifications.
SEC. 34. Personnel Required in
Mechanical Plant. – Every mechanical work project or No firm, company partnership
plant in operation shall have not less than the association or corporation may be registered or
following complement of resident licensed licensed as such for the practice of mechanical
professional mechanical engineer: mechanical engineer:
engineer, or certified mechanic:
Provided, however, That persons properly registered
a) 100 kW or over but not 300 kW: (1) and licensed as mechanical engineers may form and
certified plant mechanic or one (1) professional obtain registration with Security and exchange
mechanical engineer: Provided: That every Commission of a firm, partnership or using the term
mechanical work, project or plant in this category in “Mechanical Engineers”, and or “Architect and
more than one shift in every twenty-four hours, shall Mechanical Engineers” but nobody shall be a
have addition to the minimum personnel herein member, partner or associate unless he is a duly
required, or one (1) certified plant mechanic, or one registered and licensed mechanical engineer, and the
(1) mechanical engineer, or one (1) professional members who are mechanical engineer shall only
mechanical engineer in-charge of each and every render work and services proper for mechanical
additional shift. engineers as defined in this Act.

b) 300 kW or over, but not more than SEC. 37 Posting of Certificates. – The
2000 kW: one (1) mechanical engineer or one (1) owner, manager, or other person in-charge of any
professional mechanical engineer: Provided, That mechanical works, projects, or plants or one hundred
every mechanical work, project, or plant in this (100) kW or more, of a firm, co-partnership,
category operating in more than one shift every corporation or joint-stock association, shall post or
twenty-four (24) hours shall have, in addition to the cause to be posted in a conspicuous place within
minimum personnel herein required at least one (1) such plant of business, the original certificate of
mechanical engineer, or one (1) professional registration of the engineer or engineers and of the
mechanical engineer in-charge of each and every certified plant mechanic/s employed in such plant, in a
additional shift. frame protected by transparent glass or its equivalent.

c) Over 2000 kW: one (1) professional SEC. 38. Roster of Engineers and
mechanical engineer: Provided, That every Mechanics. – A roster showing the names and place
mechanical work, project or plant in this category of business of all registered professional mechanical
engineers, mechanical engineers and certified plant the implementing rules and regulations to carry out
mechanics, shall be prepared by the Commission the provision of this Act.
which shall be made available to any interested
parties upon formal written request. SEC. 44. Funding Provisions. Such
sums may be necessary to carry out provisions of this
SEC. 39. Foreign Reciprocity. No foreign act shall be included in the General Appropriations
mechanical engineer or mechanic shall be allowed to Act of the year following its enactment into law and
practice mechanical engineering or to be given a thereafter.
certificate of resignation or be entitled to any of the
privileges under this Act unless he can prove in the SEC. 46. Repealing Clause. –
matter provided by the rules of Court or by specific Commonwealth Act. No. 294, as amended by
provisions of law or regulations, permits Filipino Republic Act. No. 5336, is thereby repealed and ll
mechanical engineer and/or mechanics to practice other parts, of law, ordinances, or regulations or
within its territorial limits on the same basis as the relative to the practice of mechanical engineering
subject or citizen of such country or state. which are inconsistent with the provisions of this act
are hereby repealed or modified accordingly.
SEC. 40. Enforcement of Act by the
Officials of law. – The professional Regulation SEC. 47. Transitory Provisions. - a)
Commission shall be the enforcement agency of the Mechanical Engineers possessing valid certificates of
Board. As such, the Commission shall implement the registration issued under Commonwealth Act. No. 294
concerned provision of this act, enforce its with BSME degree shall, after the approval of this act.
implementing rules and regulations as adopted by the Register and be issued certificates as Professional
Board, conduct investigations or complaints including mechanical Engineers to replace their original
violations of the code of conduct of the professional certificate of registration upon payment of the required
and prosecute when so warranted. fees.

It shall be the duly constituted authorities b) Faculty Members currently teaching


through the officers of the law of the national mechanical engineering professional subjects in
government, or any provincial, city or municipal universities, colleges, institutes or schools shall not be
government or any political subdivision thereof, to allowed to be continue teaching after five (5) years
enforce the provisions of this act and to prosecute any from the approval of this Act, unless they are or have
person violating the same. become professional Mechanical Engineers or at
least Registered Mechanical Engineers with the
SED. 41. Qualification Requirements. – master’s degree in mechanical Engineering from duly
In a government or private institution where a position recognized and accredited universities, colleges,
requires a mater’s degree holder, a holder a institutes or schools.
professional mechanical engineer license shall be
eligible for the position. Likewise, where a position c) The present Board shall continue to
requires a professional mechanical engineer’s function in the interim until; such time as the new
license, a holder of a master’s or doctorate degree in Board shall be constituted.
mechanical engineering, with registered mechanical
engineer’s license shall be considered for the SEC. 48. Effectivity Cause. – This Act
position. shall take effect fifteen (15) days following its
publication in the Official gazette or a major daily
newspaper of general circulation in the Philippines,
ARTICLE V whichever is earlier.
PENAL AND CONCLUDING PROVISION

SEC. 42. Penalties. – In addition to the


administrative sanctions imposed under this Act any Approved.
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 JOSE DE VENECIA, JR.
pesos (P 50,000.00) not more than two hundred NEPTALI A. GONZALES
thousand pesos (P200,000.00), or imprisonment of Speaker of the House
not less than six (6) months not more than three (3) President of the Senate
years, or both fine and imprisonment at the discretion Of Representatives
of the court.

SEC. 43. Implementing Rules and This Act, which is a consolidation of


Regulations. – The board shall formulate and issue Senate Bill No. 1793 and House Bill No. 9806 was
finally passed by the Senate and the House of
Representative on February 3, 1998 and January 28, competitive through regulatory measures, programs
1998, respectively. and activities.

SEC. 3. Definition of Terms. – Unless


ROBERTO P. NAZARENO otherwise provided, the following shall be understand
HAZEL P. GACUTAN mean:
Secretary General
Secretary of the Senate a. Board – Board of Mechanical
House of the Representatives Engineering (BME)

Approved: February 12, 1998 b. Board Chairman – Chairman, Board


of mechanical Engineering

c. Commission – Professional
Regulation Commission (PRC)
FIDEL V. RAMOS
President of the Philippines d. Commission Chairman –
Commissioner, Professional Regulation Commission

Republic of the Philippines e. CPE – Continuing Professional


Professional Regulation Commission Education
Manila
f. C.A. No. 294, as amended by R.A. No.
BOARD OF MECHANICAL ENGINEERING 5336 – Old Mechanical Engineering Law

Resolution No. 16 g. CHED – Commission of Higher


Series of 1998 Education

___________________________________________ h. PME – Professional Mechanical


_________________ Engineer

RULES AND REGULATIONS IMPLEMENTING i. RME – Registered Mechanical


REPUBLIC ACT NO. 8495 Engineer
___________________________________________
_________________ j. CPM – Certified Plant Mechanic

The following rules and regulations are k. Integration – unification of all


formulated and issued pursuant to Section 43 and mechanical engineers including certified plant
Article V of Republic Act No. 8495, know as the mechanics into one national organization of
“Philippine Mechanical Engineering Act of 1998” to mechanical engineers to be accredited by the Board
carry out the provisions of the said Act. of Mechanical Engineering and the Commission
without prejudice to their membership in other
RULE I associations of mechanical engineers.
TITLE, STATEMENT OF
POLICY AND DEFINITION OF TERMS l. OTEC – Ocean Thermal Energy
Conservation utilizing the difference in temperature of
SEC. 1. Title. – This resolution shall be deep ocean water and surface water to generate
known an cited as the “Rules and Regulations electricity.
Implementing the Philippine Mechanical Engineering
Act of 1998” (RRIPMEA). m. Practice of Mechanical Engineering –
refers to the performance of the following:
SEC. 2 Statement of Policy. – The
Board of mechanical Engineering concurs with and (1) Consultation, valuation, investigation
abides by the policy of the State in recognizing the and management services requiring mechanical
importance of the mechanical engineers in nation- engineering knowledge;
building and development, in promoting their talents
through sustainable human development and in (2) Engineering design, preparation of
developing and nurturing competent, virtuous, plans, specifications and project studies or estimates
productive and well-rounded mechanical engineers for mechanical works, projects or plans;
whose standard of professional practice and service
shall be excellent, qualitative, world-class and globally (3) Management or supervision of the
erection, installation, alteration, testing and
commissioning in mechanical equipment, machinery, to the number of capacities of the mechanical
or processes in mechanical works, projects or plants; equipment, machinery or processes receiving power
from or intended to be driven by such prime movers.
(4) Management, supervision, operation,
tending or maintenance of any mechanical q. S.O. – Special Order issued by the
equipment, machinery or processes in mechanical CHED authorizing the graduation of a student.
works, projects or plants;
r. Syllabi – an outline or table of
(5) Management and supervision of the specifications comprising the contents of the subjects
manufacture, sale supply or distribution of mechanical for licensure examination prescribed in a course of
equipment, parts of components; study of the subjects systematically arranged
according to topics and/or subtopic from which test
(6) Teaching of Mechanical Engineering question for the licensure examination shall be
professional subjects in government recognized and prepared within its scope.
accredited engineering schools; and

(7) Employment in government as a RULE II


professional mechanical engineer, registered OFFICIAL SEAL OF THE BOARD
mechanical engineer, or certified plant mechanic if the
nature and character of his work is in line with his SEC. 4. Official Seal of the Board. –
professional knowledge of the science of mechanical the official seal of the Board shall be represented by a
engineering. drawing of Hero’s steam engine. 1st Century A.D.
consisting of a cylindrical kettle mounted on a three-
n. Mechanical Engineering or Machinery legged metal support, heated by firewood under the
– includes all prime movers such as steam engines kettle with the two tubes attached vertically inside the
and turbines, internal combustion engines and gas kettle opposite each other connected by a tube
engines and turbines steam generators such as passing through a spherical metal ball which revolves
boiler; furnaces; heat exchanger such as cooling on its axis emitting steam at the opposite side of the
towers, kilns and dyers coolers and heaters; materials ball through small pipes.
handling equipment, such as pumps, cranes,
conveyors, hoists, elevators, escalators, mechanized
dumb-waiters, moving ramps and walkways; heating, RULE III
air conditioning, ventilating, and refrigeration COMPOSITION, QUALIFICATIONS, TERMS OF
equipment and machinery, including compressors and OFFICE AND MEETINGS OF THE BOARD
centrifugal fans, mechanical pollution abatement and
environmental control system; piping system with a SEC. 5. Composition of the Board. –
working pressure of not less than 70 kPa, fired and The Board shall be composed of a chairman and of a
unfired pressure vessels, printing machines; two (2) members to be appointed by the President of
mechanical working machine for metallic and non- the Philippines from a list of three (3) recommendees
metallic materials and other mechanical equipment for each position, chosen and ranked in the order of
and machinery whether installed on land, preference and submitted by the Commission, from a
underground, or on board watercraft. list of five (5) nominees submitted by the duly
accredited association of mechanical engineers in the
o. Mechanical processes, works, Philippines.
projects or plants – shall include steam plants,
geometrical plants, dendro-thermal plants, nuclear SEC. 6. Qualification of Members of
plants, ocean thermal energy conservation (OTEC) the Board. – A member of the Board shall, at the time
plants, internal combustion plants, hydraulic plants, of his appointment, possess the following
pumping plants, compress gas plants, all kinds of qualifications:
mills, shops, factories, shipyards, drydocks, heating,
air conditioning any mechanical equipment, (a) natural-born citizen and resident of
machinery or process deriving power from steam, the Ph8ilippines for at least five (5) years;
fossil fuels, wind, air, gas, water, solar heat, nuclear
energy, ocean waves and tides, or other energy (b) Must be at least thirty-five (35) years
sources. of age;

p. Capacity of process works, projects or (c) Holder of the degree of Bachelor of


plant-rated capacity in kilowatt of mechanical works, Science in mechanical Engineering or its equivalent,
projects of plants – shall be the total kilowatt ratings of conferred by a school, academy, college or university
all engines, motors, boilers, turbines, or other prime in the Philippines or abroad that is accredited by the
movers installed for use in such works, projects or commission on higher Education;
plants, whether in operation or not, and without regard
(d) A Professional Mechanical Engineer occupation; delegate the hearing or investigation of
with a valid professional license and an active administrative cases filed before the Board to the
practitioner of such, for not less that ten (10) years legal or hearing officers of the Commission except
prior to his appointment; where the issue strictly concerns the practice of the
profession and to assign members who shall
(e) Must not, for a period of three (3) undertake the visitorial functions of the Board. He
consecutive years prior to appointment, be a member shall be responsible for the assignment of the other
of any school, academy, institute, college or university duties and responsibilities to the members as well as
where a regular course in mechanical engineering is the supervision and management of the work. The
being taught, not have pecuniary interest in or chairman shall be the spoke person of the Board in
administrative supervision over any such institutions the Commission and in other offices and agencies of
of learning; the government in all the pertains to and concerns the
functions of the Board. He may delegate such
(f) Must not, a period of three (3) function to any of the members.
consecutive years prior to appointment, be connected
with a review center or with any group or association SEC. 11. Enforcement and
where review classes or lectures in preparation for the Implementation of R.A. No. 8495 Including the
license examination are offered or conducted at the Rules and Regulations Promulgated Thereunder.
time of the appointment; – The Board shall, in the exercise of its powers and
(g) Has never been convicted of any performance of its duties, functions and
offense involving moral turpitude ; and responsibilities, be assisted and supported by the
(h) Must not be a national officer of the Commission through its offices, divisions, sections
accredited association of Mechanical Engineers of the and/or units in the enforcement and implementation of
Philippines at the time of the appointment (E.O. No. the provision of R.A. No. 8495 including the Rules
496, S.1991). and Regulations adopted by the Board and, whenever
appropriate the Commission shall request for the
SEC. 7. Term of Office. – A member of Board the assistance of duly constituted law
the Board shall hold Office for a term of three (3) enforcement officers to enforce the penal provision of
years from the date of his appointment or until his said Act.
successor shall have been duly appointed. No
member shall serve more than two (2) regular terms. SEC. 12. Action on Documents and
Other Papers by the Board. – The Board shall act
SEC. 8. Board, a Collegial Body. – The on all papers, communications, certificates, cases or
chairman and the members of the Board shall act as other documents only within the premises is secured
a collegial body on all matters involving the exercise from the Chairman of the Commission.
of its powers and duties as well as policies laid down
in R.A. No. 8496. Action on such matters shall be SEC. 13. Decisions, Orders or
effective only when approved by the Commission. Resolutions and Other Issuances of the Board. –
In the promulgation of decisions or judgments and the
SEC. 9. Meetings of the Board. – The issuance of orders or resolutions which are not
Board shall hold its regular meeting once a month interlocutory in an administrative case and in the
within the premises of the Commission or in such implementation of the provision of R.A. No. 8495
other places as may be agreed upon by the Board which are not self-executing, the Board shall meet en
and approved by the Chairman of the Commission. A bane to deliberate and decide on such matters. The
special meeting may be called by the Chairman or the presence of the quorum shall be sufficient to
two members. The chairman shall preside over all deliberate and act upon the matters above-mentioned
meetings of the Board. In the absence of the and a majority vote shall be required for the validity of
Chairman, the senior member, if any, or the member the Act. The presence of the two (2) members shall
designated by the Chairman shall preside. constitute a quorum and the vote of two (2) members
shall constitute a majority vote.

RULE IV Any action of the Board meeting en banc


DUTIES AND RESPONSIBILITIES OF THE on any matter, except decisions of judgments in or
CHAIRMAN AND THE MEMBERS OF THE BOARD those which are involved in or have arisen from an
administrative case, shall be valid and enforceable
SEC. 10. Duties and Functions of Chairman. – The only if approved by the Commission.
chairman shall be the head of the Board and as such,
he shall equitably assign the subjects for examination Resolution of other issuance of the
to the members; designate the member or the Board whose purpose s to enforce of implement R.A.
members who shall preside during the hearing or No. 8495 or which regulate the public must be
investigation of administrative cases where the issue published in the Official Gazette for their effectivity.
involve concerns the practice of the profession or the
SEC. 14. Official Business with the A Filipino citizen who graduated from a
Commission. – In all official business/meetings with foreign educational institution shall likewise attach to
the Commission, either upon call or by its request, the his application an endorsement for the Commission
Board shall be represented by its chairman or in his on Higher Education (CHED).
absence by the senior member, if any, or by member
designated. SEC. 20. Categories of Mechanical
Engineers. – Certificate of Registration for the
SEC. 15. Interpretation of the practice of mechanical engineering shall be of three
Provision of R.A. No. 8495 and the Rules and (3) categories in the order of rank as follows:
regulations Promulgated Thereunder. – The Board
may at first instance, resolve issues or questions a) Professional Mechanical Engineer
arising from the implementation of the provisions of
R.A. No. 8495 in the form of opinions issued by the b) Mechanical Engineer and
Board through its chairman. It may also issue
opinions on questions arising from the implementation c) Certified Plant Mechanic
of its Rules and Regulations as well as the Code of
Ethics for mechanical Engineers. SEC. 21. Qualification of Applicants
for Professional Mechanical Engineer. – Any
SEC. 16. Records of the Board; applicant to the professional mechanical engineering
Removal of such Papers, etc. – All records of the examination must, at the time of filing of his
Board including applications for examination, application, establish to the satisfaction of the Board
examination papers and results, minutes of that:
deliberation, administrative cases shall be kept by the
Commission. No papers, communications, a) He is a citizen of the Philippines;
certificates, records of cases and of other documents
shall be removed from the premises of the b) He has graduated from an
Commission unless expressly authorized in writing by engineering schools or college of recognized
the Chairman of the Commission. standing, after completing an approved course in
mechanical engineering;
SEC. 17. Annual Report. – The Board
shall, at close of each calendar year, submit an c) He has a valid certificate of
annual report for the president of the Philippines registration or a registered mechanical engineer and a
through the Professional regulation Commission, holder of a valid professional license;
giving a detailed account of its proceedings and
accomplishments during the year and making d) He has specific record of a total of
recommendations for the adoption of measure that four (4) years or more of active mechanical
will upgrade and inform the condition affecting the engineering practice, reckoned from time he became
practice of mechanical engineering in the Philippines. a Registered Mechanical Engineering;

e) He is competent to practice, as
RULE V attested by at least two (2) Professional mechanical
LICENSURE EXAMINATION FOR THE Engineer;
PRACTICE OF MECHANICAL ENGINEERING
f) He must not have been convicted by a
SEC. 18. Examination Required or the court of law of a crime involving moral turpitude;
Practice of Mechanical Engineering. – Unless
expressly exempted by the provision of R.A. No. SEC. 22. Qualification of Applicants
8495, all persons desiring to practice the mechanical of Mechanical Engineer. – Any person applying for
engineering profession must take and pass the examination for Certificate of registration as
licensure examination for the practice of mechanical mechanical Engineer shall, prior to admission to the
engineering. examinations, establish to the satisfaction of the
Board that:
SEC. 19. Application. – All applicants
for examination shall file an computerized application a) He is a citizen of the Philippines;
supplied by the Commission, free of charge, duly
accomplished in the Application Division of the (b) He has graduated from a vocational
Commission or in any of its Regional Offices which or trade school duly recognized by the government
are also designed as the test centers for the after completing an approved course of not less than
profession accompanied by authentic or two (2) years in stationary or power plant engineering
unauthenticated copies of the required documents. of any mechanical plant operation including but not
limited to machine shop equipment and heavy
equipment;
contents. Reports must be permanent, allied or
(c) He has a specific record of an relevant to the experience of the applicant.
additional one (1) year or more of active practice in
mechanical plant operation of such character as 2. Computerized applications duly
indicated in an affidavit of a registered professional accomplished shall be submitted to the Application
mechanical engineer, and likewise establish to the Division of the Commission during office hours on any
satisfaction of the Board, that the applicant is working day.
competent to the undertake the operation, tending
and maintenance and mechanical works, projects or 3. Evaluation of submitted applications
plant of not less than one hundred (100) kilowatts. shall be done by at least two (2) members of the
Board.
d) He has a working knowledge of and
can read, write and speak English or any of the major 4. Applicant shall be informed of the
Philippines dialects; and approval or the disapproval of his application within a
reasonable number of days from receipt of
(e) He must not have been convicted by application.
a court of law of a crime involving moral turpitude.
5. In the evaluation of the experience of
applicants, the following should be considered:
SEC. 24. Scope of Examination. – The
scope of examination and the methods of procedure Design Experience
with special reference to the applicant’s ability to Maintenance and Operation
perform the type of engineering work pertaining to the Fabrication and shop Practices
particular category he is to registered in are hereby Installation
prescribe as follows: Others

I. Professional Mechanical Engineer – 6. Every applicant shall be required to


The granting of professional mechanical engineer present himself before at least two (2) members of
certificate of Registration shall be testimonial in the Board for two (2) members of the Board for two
nature which shall include the submission of an (2) interviews.
enumeration of the applicant’s experience
including the presentation of an engineering The first interview shall be made
report/technical paper pertinent to his line of before the submission of the engineering report and
experience attested to by at may deal on any field or practice in mechanical
least two (2) Professional Mechanical Engineers in an engineering, including the mechanical engineering
affidavit for this purpose; law and Code of Ethics.

Guidelines for Applicants in Professional Mechanical The second interview will only deal on
Engineers Examination: the engineering report submitted by the
applicant.
1. The following documents/papers must
be submitted with the application: In both cases, the applicant shall be
sent notices for interview.
a. Certificate of Competence under oath
by a Professional Mechanical Engineer Except in meritorious cases, non-
appearance of applicant in the scheduled interview
b. Affidavit of the Applicant shall mean failure.

c. Certificate of Experience under oath 7. Release of the Result of the


executed by his superior Examination for Professional Mechanical Engineers
may or may not coincide with the release of the
d. Detailed description of Machineries results of the examination for Mechanical Engineers
and Equipment and Certified Plant Mechanics. Applicants shall be
individually from the date of the last interview.
e. List of designs (if any) undertaken
with the supervision of a PME 8. Any applicant who failed to pass the
examination may apply for re-examination after the
f. Curriculum Vitae lapse of at least one (1) year from the date of
notice of last failure.
g. At least two (2) titles of proposed
reports, each with a short write-up and table of 9. The engineering report must be
accompanied by the following:
a) Letter of Transmittal addressed to the II. Mechanical Engineer – The applicant must pass a
Board written examination or different subjects or group with
emphasis on power plant and industrial plant
b) Affidavit of applicant engineering, mathematics, engineering economics,
economic analysis, laws and ethics and machine
c) Affidavit of Competency design.

d) Curriculum Vitae of Applicant The subjects in which the applicant for


Mechanical Engineers shall be examined with their
e) Certificate of Experience corresponding percentage weights:

f) Engineering report
(The engineering report must conform
with the following outline:)
Percent Weight
f.1 Title Page
1. Machine design, material and Shop Practice
f.2. Table of Contents 30%

f.2.1. Chapter I - Introduction 2. Industrial and Power Plant engineering


- Brief 35%
History of Plant, Firm, or Establishment
- Subject 3. Mathematics, Engineering Economics & Basic
of the Report Eng’g. Services 35%
-
Capitalization
- III. Certified Plant Mechanic – The examination for
Ownership Certified Plant Mechanic may be written or oral on
- submitted statement of experience based on the
Organizational Set-up with Technical following subject matters with their corresponding
percentage weighs:
Organization
-
Location (with maps) Percent Weight

f.2.2. Chapter II - Report Proper 1. Elements of Power Plant Machinery


30%
f.2.3. Chapter III - Engineering
economics analysis, observation, 2. Elements of Industrial Plant Machinery; and
comments and recommendations 35%

f.3. Bibliography 3. Shop Machinery Practice


Note: “b” and “e” may be 35%
placed as last pages on the report.

10. Applicants must prepare five (5) SEC. 25. Holding of Examination. –
copies of the engineering report in legal size bond Examination for the practice of mechanical
paper, type double space, book bound with hard engineering in the Philippines shall be given twice a
cover and color may be blue, maroon, black, green or year in the city of Manila and in such other places as
red. may be determined by the Board and approved by the
Commission. The names, dates and venues of
11. Ratings Licensure Examination for each year shall be included
in the schedule of Professional Licensure
Examination issued annually by the Commission.
Percentage Weight Written or printed notice of such examination shall be
posted on the bulletin boards of the Main and
a) Interview 50% Regional Offices of the Commission and furnished to
all schools, colleges and universities offering the
b) Report courses for licensure examination for dissemination to
50% their graduates.
correction of the answer sheets of the examinees
SEC. 26. Program of Examination. – shall be done by the computers.
The Board shall issue a program for every scheduled
examination not later than twenty (20) days before the
first day of examination which shall contain the
following information; RULE VI
a) Name/s of licensure examination/s REGISTRATION AND ISSUANCE OF
b) Subjects for examination with their CERTIFICATES OF REGISTRATION AND
corresponding percentage weights, time, LICENSES
dates and places/venues of examination.
c) Instruction to examinees. SEC. 32. Registration of Successful
d) Names and signatures of Chairman Examinees. – All those who passed the licensure
and Members of the Board. examination for Professional Mechanical Engineer,
Mechanical Engineer and Certified Plant Mechanic
shall, unless specifically deferred for cause, by the
SEC. 27. Publication of the Board, be registered after the taking oath of a
Examination – The dates, time and venues of the professional before the member of the Board or any
licensure examination shall, as far as practicable, be person authorized by law to administer oaths and
published in a news paper of general circulation or in upon payment of the prescribed fees.
broadcast media. The program of examination shall,
upon its issuance, be turned to schools, colleges and SEC. 33. Issuance of Certificates of
universities offering mechanical engineering courses Registration and Professional Licenses. – Upon
for the information and guidance of their graduates. compliance with all the requirements for registration,
the Professional Mechanical Engineer, Mechanical
Engineer or Certified Plant Mechanics after his name
SEC. 28. Ratings. – To pass the has been entered therein. He shall be issued a
examination, a candidate for professional mechanical certificate of registration and the corresponding
engineer, mechanical engineer and certified plant professional license upon payment of the prescribed
mechanic must obtain an average of seventy (70%) fees.
percent in all subjects, with no rating below fifty (50%)
percent in any of the subjects. SEC. 34. Renewal of Professional
License. – the professional license issued to
SEC. 29. Re-examination. – An Professional mechanical Engineers, Mechanical
applicant who fails to pass the examination for the Engineers or Certified Plant Mechanics shall be valid
third time shall be allowed to take another for three (3) years from its issuance and less the
examination only after the lapse of one (1) year from holder thereof is exempt from CPE requirements,
the date of the last examination taken. shall be renewed every after three (3) years on the
birth month of the Professional Mechanical Engineer,
Mechanical Engineer and Certified Plant Mechanic
SEC. 30. Formulation of Syllabi. – The upon presentation/submission of the required
board shall prepare, adopt, issue or amend the Continuing Professional Education credit units earned
syllabus for each of the subjects for examination. Test and payment of prescribed fees.
questions that will be given in the examination shall
be within the scope of the syllabi.
SEC. 35. temporary Removal from the
Roll of professional Mechanical Engineers, or
SEC. 31. Full Computerization of Certified Plant Mechanics. – A Professional
Examination. – The licensure examination for Mechanical Engineer, Mechanical Engineer or
Mechanical Engineering shall be fully computerized. Certified Plant Mechanic who has been delinquent in
New members of the Board assigned a particular the payment of his license fees for five (5)
subject shall prepare at least 500 test questions to be consecutive years or more from the year it was last
encode in the test questions data bank from which the paid shall, after due process has been complied with,
questions to be given in a particular licensure shall be be considered suspended and his name shall be
extracted at random from the computer. The test dropped from the Roll of Professional Mechanical
questions data bank of the Board member shall be Engineers, Mechanical Engineers or Certified Plant
replenished within (60) days from the release of the Mechanics for not having been in good standing and
result of examination with at least three (300) hundred may be reinstated only upon application, compliance
test questions every after examination until the bank with CPE requirements and payment of the delinquent
has reached a total of two (2,000) thousand license fees and surcharges and the fee for
questions. Thereafter, the replenishment shall be registration without examination.
equal to the number of question extracted. The
SEC. 36. Lifting of Deferment of Practice of Professionals” as amended, is issued by
Registration. – If the cause/s of deferment of the the Commission. The revised Rules of Court shall be
registration of the successful examinee has/have suppletory to the said Rules.
been complied with, the examinee shall be allowed to
register as Professional Mechanical Engineer, SEC. 41. Grounds for the Suspension
Mechanical Engineer, or Certified Plant Mechanic, as or Revocation of certificates. – The Board may after
the case may be, after taking the oath of professional due notice and hearing, suspend or revoke the
and payment of the required fees. certificate of registration and license of a registered
Professional Mechanical Engineer or Certified Plant
Mechanic or the temporary/special permit issued to
SEC. 37. Automatic Registration. – All foreign mechanical engineers allowed by law to
practicing Professional Mechanical Engineers, practice mechanical engineering in the Philippines
Mechanical Engineers and Certified Plant Mechanics upon any of the following grounds:
who are registered with the Professional Regulation
Commission in accordance with the provision of 1) Use of perpetuation of a fraud or
Commonwealth Act. No. 294, as amended, are deceit in obtaining certificate of
hereby automatically registered without the payment registration.
of registration fees and are authorized to continue
practicing the Mechanical Engineering Profession, 2) Negligence
provided their licenses have not expired.
3) Unprofessional or dishonorable
Those Professional Mechanical conduct
Engineers, Mechanical Engineers and Certified Plant
Mechanics registered with Professional Regulation 4) Unprofessional or dishonorable
Commission in accordance with the same Act who conduct
are delinquent in the payment of their licensure fees
at the time R.A. No. 8495 took effect shall likewise be 5) Abatement of the illegal practice of
automatically registered only upon compliance with Mechanical Engineering
CPE requirements and payments of their delinquent
license fees including penalties/surcharges. They can 6) Violation of the Code of Ethics for
continue to practice their profession only upon mechanical Engineers and
issuance of their professional license. Certified Plant Mechanics

7) Violation of policies of the Board


SEC. 38. Reinstatement of Certificate
of Registration. – The Board may, upon application 8) Non-compliance of CPE
or petition and for reasons or equity and justice, requirements.
reinstate the validity of a revoked certificate of
registration and professional license, upon
compliance with the CPE requirements and payment
of the required fees at least two (2) years from the RULE VIII
date of revocation. REPORT ON THE PERFORMANCE OF THE
CANDIDATES OF SCHOOL, COLLEGES AND
UNIVERSITIES
SEC. 39. Replacement of Certificates.
– Upon payment of the required fee, a new certificate
of registration may be issued to replace ny lost, SEC. 42. Report of the Board. - The
destroy or mutilated certificate. Board shall, with the assistance of the Public
Information and Statistics Section of the Professional
Regulation Commission, prepare a report on the
performance of the examinees of schools, colleges or
RULE VII universities in the licensure examinations for
ADMINISTRATIVE PROCEEDINGS Mechanical Engineers and Certified Plant Mechanics.
The Board may recommend to the CHED: (1) the
SEC. 40. Administrative monitoring of schools, colleges and universities,
Investigations. – The investigations of cases against whether public or private, whose successful
a registered Professional Mechanical Engineer, examinees in three (3) consecutive licensure
Mechanical Engineer or Certified Plant Mechanic shall examination is less than 5% of the total number of its
be conducted by the Board with the assistance with candidates who took the said licensure examinations;
the legal/hearing offices of the Commission in (2) the publication of the names of schools, colleges
accordance with the pertinent provisions of the “Rules and universities whose successful examinees in five
and Regulations Governing the Regulation and (5) successive licensure examinations in a particular
profession is less than five (5) percent of total number Engineer and Mechanical Engineer and for the
of examinees of said schools, colleges or universities registration with or without examination and issuance
in each of the licensure examinations taken; and (3) of licenses through reciprocity as well as the issuance
the phase-out of the course program. of temporary/special permits to foreign Professional
Mechanical Engineers and Mechanical Engineers
allowed by other laws to practice their professions in
RULE IX the Philippines.
SEAL AND USE OF SEAL OF
PROFESSIONAL MECHANICAL ENGINEERS
RULE XI
PROHIBITIONS, ENFORCEMENT AND PENALTIES
SEC. 43. Seal of Professional
Mechanical Engineer. - The seal of a professional
mechanical engineer shall be in a form of a gear. The SEC. 46. Prohibitions. - (1) No
outer circle being 40 mm in diameter, the inner circle person shall practice mechanical engineering in this
being 20 mm in diameter, inside the upper circular country unless such person shall have secured
band shall be inscribed the words “Registered license to practice Mechanical Engineering in the
Professional” and in the lower circular band shall be manner provided in R.A.8495.
inscribed the words “Mechanical Engineer” their
letters equally spaced and spread inside the circular (2) Unless authorized under R.A. 8495, it
band; a rectangular band placed horizontally across shall be unlawful for any person:
the center of the gear where the name of the
professional shall ne inscribed; two circular bands (a) To be in responsible charge of the
intersecting at the center of the gear joined at the preparation of plans, designs,
center by a circle and below the lower arc of the circle investigations, valuation, technical
shall be the registration number of the professional. reports, specifications, project
studies or estimates of other
professional mechanical
SEC. 44. Use of Seal. - Every engineering activities unless he is
Professional Mechanical Engineer shall, upon duly licensed Professional
registration, obtain a seal above-described which Mechanical Engineer;
shall be stamped/affixed on every sheet of designs,
plans, specifications, project feasibility studies, (b) To teach professional subjects in
appraisals, recommendations, technical reports, mechanical engineering course
proposals and other professional documents involving unless they are or have become
mechanical equipment, works, projects, or plants to Professional Mechanical Engineers
be submitted or filed with government authorities or to or at least Registered Mechanical
be signed, issued or used or used professionally. Engineers with Master’s Degree in
Mechanical Engineering from duly
recognized and accredited
RULE X universities, colleges and institutes
REGISTRATION WITH OR WITHOUT or schools;
EXAMINATION AND/
OR ISSUANCE OF SPECIAL/TEMPORARY (c) To be responsible charge of the
PERMITS TO FOREIGN MECHANICAL construction, erection, installation,
ENGINEERS alteration, or of the performance of
a mechanical engineering service
in connection with the
SEC. 45. Applicability of Guidelines manufacture, sale, supply or
Promulgated by the Commission. - The distribution of any mechanical
“Guidelines on the Registration of Foreign works, project or plant either for
Professionals Allowed by Laws to Practice the himself or for other, unless he is a
Regulated Professions in the Philippines”, as duly registered Professional
amended, promulgated by the Professional Mechanical Engineer or
Regulation Commission on January 20, 1998 shall be Mechanical Engineer;
applicable to foreign Professional Mechanical
Engineers and Mechanical Engineers. (d) To operate, tend or maintain, or be
in-charge of the operation, tending,
The Board of Mechanical Engineers or maintenance of any mechanical
shall adopt, issue or promulgate rules providing for works, project, plant of 100 kW, or
the procedure for the taking by foreigners of the more but not more than 300 kW
licensure examination of Professional Mechanical unless he is a duly registered
Professional Mechanical Engineer,
Mechanical Engineer or Certified RULE XII
Plant Mechanic; INTEGRATION OF MECHANICAL ENGINEERS

(e) To operate, tend or maintain, or


maintain, or be in-charge of the SEC. 49. All registered Professional
operation, tending or maintenance Mechanical Engineers and Certified Plant Mechanics
of any mechanical equipment, shall be integrated into one national organization of
machinery process for any Mechanical Engineers to be accredited by the Board
mechanical works, projects or of Mechanical Engineering and the Professional
plants of 300 kW or above more Regulation Commission.
than 2000 kW unless he is duly
licensed Professional Mechanical All persons whose means now appear in the
Engineer or Mechanical Engineer; rolls of professional mechanical engineers,
mechanical engineers and certified plant mechanics
(f) To operate, tend or maintain, or to under the custody of the Board and the Commission,
be in-charge of operation, tending on those who may hereafter be included therein upon
or maintenance of any mechanical registration and payment of the required fees shall
equipment, machinery process for automatically become members of the accredited
any mechanical works, projects or integrated organization of mechanical engineers.
plants for over 2000 kW unless he
is a duly licensed Professional The integration of the mechanical engineers
Mechanical Engineer. into one national organization shall not be a ban to
the formation of voluntary organization of mechanical
(3) It shall also be unlawful for any engineers which may co-exist with the accredited
one to stamp or seal any document integral organization of mechanical engineers.
with a seal of a Professional
Mechanical Engineer after the The Board, subject to the approval of the
certificate of registration shall have Commission, shall issue guidelines for the integration
been revoked or cancelled. of all professional mechanical engineers, mechanical
engineers and certified plant mechanics into one
national organization of mechanical engineers which
SEC. 47. Enforcement. - Without shall be accredited by the Board and the Commission.
prejudice to the enforcement of the provision of R.A.
No. 8495, particularly Section 33 and 35 among
others by the duly constituted officers of the law of RULE XIII
the national, provincial, city or municipal government, MISCELLANEOUS PROVISION
the Commission through its hearing/legal officers shall
conduct investigations on complaints under oath filed
by aggrieved persons on any violation of the penal SEC. 50. Code of Ethics and Professional
provisions of R.A. No. 8495 and, if the evidence Standards. - The Board shall, in consultation with
adduced to warrant, shall forward the records of the the accredited integrated organization of mechanical
case to the office of the city or provincial prosecutor engineers, adopt and promulgate a Code of Ethics
which has jurisdiction over the case for the and Professional Standards for the Practice of
prosecution of the offender/violator. The Commission Mechanical Engineering subject to the approval of the
may also refer the case to the Board for hearing with Commission.
the assistance of the hearing/legal officers of the
Commission if offender would likewise be liable for
admi9nistrative sanctions. SEC. 51. Indication of License and
Privilege Tax Receipt. - A mechanical engineer
shall indicate his registration/professional license
SEC. 48. Penalties. In addition to the number, its expiry date, including his privilege tax
administrative sanctions imposed under R.A. No. receipt number on the documents he signs, uses or
8495, any person who violates any of the provisions issues in connection with the practice of his
of said Act and rules and regulations promulgated profession.
thereunder shall, upon conviction, be penalized by
fine of not less than fifty thousand pesos (P50,000.00)
nor more than two hundred thousand pesos SEC. 52. Teaching of Mechanical
(P200,000.00) or imprisonment of not less than six (6) Engineering Professional Subjects. - Only a duly
months nor more than three (3) years, or both fine registered and licensed Professional Mechanical
and imprisonment at the discretion of the court. Engineer or Registered Mechanical Engineer with
Master’s degree in mechanical engineering from a
public or government recognized and accredited mechanical engineering professional subjects in
university, college, institute or school shall be allowed universities, colleges, institutes or schools shall not be
to teach professional subjects in mechanical allowed to continue teaching after five (5) years from
engineering courses offered in public or government the approval of R.A. No. 8495 unless they are or have
recognized school, colleges or universities. become Professional Mechanical Engineers or at
least Registered Mechanical Engineers with a
Master’s degree in Mechanical Engineering from duly
SEC. 53. Appointment of Professional recognized and accredited universities, colleges,
Mechanical Engineers in Government. - Where a institutes or schools.
position in a government institution requires master’s
degree holder in mechanical engineering, a holder of
a professional mechanical engineer’s license shall be
eligible for the position. Where a position requires a
licensed professional mechanical engineer shall be
eligible for the position. Where a position requires a RULE XV
licensed professional mechanical engineer, a holder SEPARABILITY AND EFFECTIVITY
of a master’s degree or doctorate degree in CLAUSE
mechanical engineering with a registered mechanical
engineer’s license shall be qualified for the position in
the absence of licensed professional mechanical SEC. 58. Separability Clause. If any
engineers. section, paragraph, provision or clause hereof shall
be declared unconstitutional or invalid, such judgment
shall not affect, invalidate or impair any other part
SEC. 54. Practice of Mechanical hereof, but such judgment shall be merely confined to
Engineering not allowed in Firms and Corporations. - the section, paragraph, provision or clause directly
Firms, companies, partnerships, associations or involved in the controversy in which such judgment
corporations are not allowed to practice mechanical has been rendered.
engineering. However, persons who are registered
and licensed as mechanical engineers may form and
register with the Securities and Exchange SEC. 59. Effectivity. - This Rules and
Commission a partnership or association using the Regulations shall take effect after thirty (30) days
term “Mechanical Engineers” and/or “Architect and following its publication in full in the Official Gazette or
Mechanical Engineers” provided that its partners or in a newspaper of general circulation, whichever
members are duly registered and licensed mechanical comes earlier.
engineers and members who are mechanical
engineers shall only render work and services proper
for mechanical engineers as defined by R.A. No. Done in the City of Manila this 30th day of
8495. September, 1998.

RULE XIV
TRANSITORY PROVISIONS ANTONIO R. HERRERA
Chairman

SEC. 55. Mechanical Plant Engineers. -


Mechanical Plant Engineers possessing valid DONATO K. KARAMIHAN
certificates of registration issued under JUANITO A. ELERIA
Commonwealth Act No. 294 with BSME degree shall, Member
after the approval of R.A. No. 8495, register and be Member
issued certificates as professional mechanical
engineers to replace their original certificates of
registration upon payment of the required fees.
ATTESTED:

SEC. 56. The present Board shall continue CARLOS G. ALMELOR


to function in the interim meeting such time as the Secretary, Professional Regulatory Board
new Board shall be constituted.

APPROVED:
SEC. 57. Incumbent Faculty Members
Teaching Mechanical Engineering Professional
Subjects. - Faculty members currently teaching HERMOGENES P. POBRE

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