Thursday, November 5, 2009

ME LAWS: REPUBLIC ACT 8495 Part 3 (Article III)






ARTICLE III
EXAMINATION, REGISTRATION AND LICENSE

Sec. 12. Examination Required. – All applicants for registration for the practice of mechanical engineering shall be required to undergo and pass a written technical examination as provided for in this Act.




Section 13. Categories. – Certificates of registration for the practice of mechanical engineering shall be of three (3) categories and in order of rank as follows:

(a) Professional Mechanical Engineer;

(b) Mechanical Engineer; and

(c) Certified Plant Mechanic.

Section 14. Qualification of Applicants for Professional Mechanical Engineer. – Any applicant to the Professional mechanical engineering examination must, at the time of filing of his application, establish to the satisfaction of the Board that:

(a) He is a citizen of the Philippines;

(b) He must not have been convicted by a court of law of a crime involving moral turpitude;

(c) He has a valid certificate of registration and he is a registered mechanical engineer and a holder of a valid professional license;

(d) He has graduated from an engineering school or college of recognized standing, after completing an approved course in mechanical engineering;

(e) He has specific record of a total of four (4) years or more of active mechanical engineering practice, reckoned from time he is registered a mechanical engineering practice; and

(f) He is competent to practice, as attested to by at least two (2) professional mechanical engineers.

Section 15. Qualifications of Applicants for Mechanical Engineer. – Any person applying for examination and for a Certificate of Registration as Mechanical Engineer shall, prior to admission to the examinations, establish to the satisfaction of the Board that:

(a) He is a citizen of the Philippines;

(b) He must not have been convicted by a court of law of a crime involving moral turpitude;

(c) He holds the degree of Bachelor of Science in Mechanical Engineering from a university, school, college, academy, or institute duly constituted and recognized as such by the government.

Section 16. Qualifications of Applicants for Certified Plant Mechanic. – Any person applying for examination for certificate of registration as Certified Plant Mechanic shall establish to the satisfaction of the Board that:

(a) He must not have been convicted by a court of law of a crime involving moral turpitude;

(b) He has graduated from a vocational or trade school duly recognized by the government after completing an approved course of not less than two (2) years in stationary or power plant engineering or any mechanical plant operation; and

(c) He has specific record of an additional one (1) year or more of active practice in mechanical plant operation of such character as indicated in an affidavit of a registered professional mechanical engineer and, likewise establish to the satisfaction of the Board, that the applicant is competent to undertake the operation, tending and maintenance of mechanical works, projects or plant of not less than one hundred (100) kilowatts.




Section 17. Scope of Examination. – The scope of examination and the methods of procedure shall be prescribed by the Board with special reference to the applicant's ability to perform the type of engineering work pertaining to the particular category he is to be registered in.

(a) Professional Mechanical Engineer – The granting of professional mechanical engineer Certificate of Registration shall be testimonial in nature which shall include the submission of an enumeration of the applicant's experience including the presentation of an engineering report/technical paper pertinent to his line of experience attested to by two (2) or more professional mechanical engineers in an affidavit for this purpose;

(b) Mechanical Engineer – The applicant shall pass a written examination on different subjects or group of subjects prescribed by the Board, and within the syllabi prepared by the Board with emphasis on power plant and industrial plant engineering, mathematics, engineering economics, economic analysis, laws and ethics and machine design.

The subjects in which the applicant for Mechanical Engineers shall be examined are:

1. Machine Design, Materials & Shop Practice

2. Industrial & Power Plant Engineering

3. Mathematics Engineering Economics and basic engineering sciences

(c) Certified Plant Mechanic – The examination for Certified Plant Mechanic may be written or oral on subject matters based on the following submitted statement of experience:

1. Elements of Power Plant Machinery

2. Elements of Industrial Plant Machinery; and

Subject to the approval of the Commission, the Board may amend or revise the subjects, their syllabi, passing average, and the system and procedure in the licensure examinations for the practice of mechanical engineering and the corresponding weight pursuant to implementing rules and regulations issued for this purpose.

The said subjects and their syllabi may be amended by the Board so as to conform to technological changes brought about by continuing trends in the profession.


Section 18. Ratings. – To pass the examination, a candidate for a professional mechanical engineer, a mechanical engineer, and certified plant mechanical must obtain an average of seventy percent (70%) on all subjects, with no rating below fifty percent (50%) in any of the subjects.


Section 19. Report of Ratings. – The Board should submit to the Commission, the ratings obtained by each candidate within fifteen (15) days after the examinations, unless extended for just cause.


Section 20. Re-examination. – An applicant who fails to pass the examination for the third time shall be allowed to take another examination only after the lapse of one year.


Section 21. Oath. – All successful candidates in the examination shall be required to take an oath of profession before the Board or any government official authorized to administer oaths, prior to entering upon the practice of the mechanical engineering.


Section 22. Issuance of Certificates of Registration and Professional License. – Upon payment of the registration fee as established by the Commission, the Board shall issue a certificate of registration to any applicant who has met all the requirements specified in this Act for the particular category he is registering in.


All certificates of registration shall indicate the full name of the registrants, signed by all the members of the Board and the Commission and affixed with the official seal of the Commission. The issuance of a certificate of registration by the Board to a registrant is evidence that the person named therein is entitled to all the privileges of a registered and licensed professional mechanical engineer, mechanical engineer or certified plant mechanic, as the case may be, for as long as said certificate remains valid.

A professional license bearing the registration 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 paid. No person shall practice mechanical engineering in this country unless such person shall have secured a license to practice Mechanical Engineering in the manner herein provided. A licensee is entitled to practice the profession with all the privileges appurtenant thereto until the expiration of the validity of his license.

Subject to the approval of the Commission, certificates of specialty shall be issued by the Board, subject to the approval of the Commission to Professional Mechanical Engineers who have been screened and recommended by accredited mechanical engineers association. These are for specific fields in which the applicants have specialized knowledge, training and experience and have documented their competence and expertise. The Board, shall subject to the approval of the Commission, and after consultation with said association concerned, prescribe and issue the necessary guidelines for the issuance of these certificates.


Section 23. Integration and Accreditation of Mechanical Engineers. – An integrated organization of mechanical engineers shall be created and accredited by the Board of Mechanical Engineering and the Professional Regulation Commission. All persons whose names now appear in the roll of professional mechanical engineers, mechanical engineers, and certified plant mechanics under the custody of the Board and the Commission, or those who may hereafter be included therein upon registration and payment of the required fees shall automatically become members of the integrated and accredited organization of mechanical engineers. The integration of the mechanical engineering profession shall not be a bar to the formation of voluntary organization of mechanical engineers which may coexist with the integrated and accredited organization of mechanical engineers. The Board, subject to the approval by the Commission and after consultation with the existing accredited organization of mechanical 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.


Section 24. Seal of a Professional Mechanical Engineer. – A professional mechanical engineer shall, upon registration, obtain a seal of such design prescribed by the Board, bearing the registrant's name, the certificate number and the legend "Professional Mechanical Engineer." Designs, plans, specifications, project feasibility studies, appraisals, recommendations, technical reports, proposals, and other professional documents involving mechanical equipment, works, projects or plants shall be stamped on every sheet with said seal of the registrant when filed with government authorities or when submitted or used professionally: Provided, That it shall be submitted or used professionally: Provided, that it shall be unlawful for any one to stamp or seal any document with the said seal after the certificate shall have been revoked or cancelled.


Section 25. Non-issuance of Certificate for Certain Grounds. – The Board shall not issue a certificate of registration to any person convicted by court of competent jurisdiction of any crime involving moral turpitude, or immoral or dishonorable conduct or any person of unsound mind declared by a court of competent jurisdiction, furnishing the party concerned a written statement containing the reasons for such action, which statement shall be incorporated in the records of the Board.




Section 26. Revocation and Suspension of Certificate. – The Board shall have the power, upon proper notice and hearing, to suspend or revoke any certificate of registration of any registrant for any cause specified in the preceding section, or for the use in whatever way of any fraud or deceit in obtaining a certificate of registration, or for gross negligence or incompetence or for unprofessional or dishonorable conduct and for violation of the code of ethics for mechanical engineers and certified plant mechanics: Provided, That the action of the Board shall be subject to appeal to the Commission within fifteen (15) days from notice, whose decision on the matter shall be final.


Section 27. Grounds for Suspension and Revocation of Licenses, Cancellation of Temporary/Special Permit. – The Board shall have the power, upon due notice and hearing, to revoke or suspend the license of mechanical engineers, or to cancel a temporary/special permit for any cause specified in the preceding sections, including but not limited to: the use or perpetuation of any fraud or deceit in obtaining a certificate of registration, or for competence, negligence, or for abatement of the illegal practice of mechanical engineering, violation of the provisions of this Act, its implementing Rules and Regulations and/or violations of Policies of the Board including the Code of Ethics for Mechanical Engineering: Provided, however, That such action of the Board shall be subject to appeal without prejudice to the right of the aggrieved party to apply with the proper Regional Trial Court for appropriate relief.


Section 28. Reinstatement and Replacement of the Certificates. – The Board, upon application and for reasons of equity and justice, may reinstate the validity of a revoked certificate of registration and professional license, upon payment of the required fees, at least two (2) years after revocation. A new certificate of registration to replace any certificate lost, destroyed or mutilated may be issued, subject to the rules of the Board, and upon payment of the required fee.


Section 29. Renewal of License. – The professional license shall serve as evidence that the licensee can lawfully practice his profession until the expiration of its validity. However, renewal of license can only be done upon payment of renewal fee corresponding to three (3) consecutive years.


Section 30. Vested Rights: Automatic Registration of Practicing Mechanical Engineers. – All practicing Mechanical Engineer who are registered at the time this Act takes effect, shall automatically be registered.


Section 31. Coverage of Temporary/Special Permits. – The following shall be required to secure a Temporary/Special Permit from the Board subject to the approval by the Commission.

(a) Mechanical engineers, installation, commission or guarantee engineers from other countries called in for consultation or for a specific design or installation, project not requiring more than three (3) months residence in the Philippines in a twelve (12) month period: Provided, That such engineers are legally qualified to practice mechanical engineering in their own country or state in which the requirements and qualifications for obtaining a certificate of registration are at least equal to or more than those specified in this Act as certified by the Board;

(b) Foreigners employed as technical officers, training officers or consultants in such special branches of mechanical engineering who, in the judgment of the Board, are necessary and advantageous for the country particularly in the aspects of technology transfer, may be issued temporary permits: Provided, That such engagements have satisfied conditions, as may be deemed necessary as follows:

(1) Non-availability of a mechanical engineer and/or mechanic in the country who is competent, able and willing at the time of engagement to perform the service for which the foreigner is desired for;

(2) The foreigner must have been in the prior employ of the engaging firm, or its foreign business partner, outside of the Philippines for a period of not less than one (1) year immediately preceding the date of his engagement;

(3) Any particular or specific engagement shall not be in excess of six (6) months but may be renewed once, if necessary except when such engagement is for a newly established firm in which case the period of engagement may be for a longer term but not to exceed a total term of two (2) years.


Section 32. Indication of License and Professional Tax Receipt. – The Mechanical Engineer shall be required to indicate his Professional License number, the duration of validity, including the professional tax receipt number on the documents he signs, uses or issues in connection with practice of his profession.
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