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1 - ME Law (RA 8495)

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100% found this document useful (1 vote)
227 views87 pages

1 - ME Law (RA 8495)

Uploaded by

Jhon ray
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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ME LAWS, ETHICS,

CONTRACTS, CODES,
STANDARDS AND
SPECIFICATION'S

Midyear, SY 2023 - 2024

Instructor: Antonio-Abdu Sami M. Magomnang, D.Eng.


About your Faculty:
DR. ANTONIO-ABDU SAMI M. MAGOMNANG
▪ Professor VI, Mechanical Engineering Department
▪ Head, Research Center for Center for Biomass Energy (2020 – present)
▪ Chairman, Mechanical Engineering Department (2018 – 2021)
▪ Project Leader, DOST PCIEERD Externally Funded Research (Ongoing)

Research Undertakings:
▪ Visiting Researcher, Texas A&M University, College Station, USA, June 2016-May
2017

Education:
▪ Doctor of Engineering in Mechanical Engineering, Mindanao State University – Iligan
Institute of Technology (MSU-IIT) 2017 (Major: Bio-Energy)
▪ MS in Mechanical Engineering, Mindanao State University – Iligan Institute of
Technology (MSU-IIT) 2014 (Major: Bio-Energy)
▪ BS in Mechanical Engineering (BSME), Mindanao University of Science and

For Consultation:
Technology 2011
See me at 4th Floor, Learning Resource Center. ▪ Registered Mechanical Engineer (RME) 2011
▪ Professional Mechanical Engineering (PME), December 2023
Reminders:
Submit your answers in
“Portrait” Mode to avoid
stiffneck upon checking
your papers.
Topic Coverage
Discussed Topics:
1. The Mechanical Engineering Profession and the Mechanical
Engineer in Society
2. The Mechanical Engineering Law
3. The Mechanical Engineer’s Code of Ethics
4. Ethical Theories (Duty ethics, Right ethics, Utilitarianism and Virtue
Ethics)
5. Contracts and Specifications

Reported Topics (as assignment):


1. Implementation of RA 8495 in major cities in PH
2. Ethical Issues and case studies in Engineering
3. Engineer Report on the Application of:
❑ Local and International Codes and Standards
❑ NFPA, ASME, BFP Standards and Phil. National Standards in piping selection.
Philippine Codes and Standards
Topics Reporters
National Building Code of the
Philippines
Fire Code of the Philippines 2008
Revised National Plumbing Code of
the Philippines
National Electrical Code of the
Philippines
Philippine Mechanical Code 2008
Philippine Mechanical Engineering
Code 2012
International standards and Codes
Topics Reporters
American Society of Heating,
Refrigerating and Air-Conditioning
Engineers (ASHRAE) Standards and
Guidelines
American Society of Mechanical
Engineers (ASME) Boiler & Pressure
Vessel Coded
American Society for Testing and
Materials (ASTM)
US National Fire Protection
Association (NFPA) Standards
NFPA Standards
• NFPA 1 Fire Code
• NFPA 13 Standard for the Installation of Sprinkler Systems
• NFPA 14 Standard for the Installation of Standpipe and
Hose Systems
• NFPA 15 Standard for Water Spray Fixed Systems for Fire
Protection
• NFPA 16 Standard for the Installation of Foam-Water
Sprinkler and Foam-Water Spray Systems
• NFPA 17 Standard for Dry Chemical Extinguishing Systems
• NFPA 17A Standard for Wet Chemical Extinguishing
Systems
• NFPA 25 Standard for the Inspection, Testing, and
Maintenance of Water-Based Fire Protection
System
Examination:
• Cheating Policy
• Any student caught cheating in any forms (cellphone, micro notes,
asking answers, passing papers, seeing other papers, giraffe head)
will received a score of zero, and student doing the same act more
than twice leads to a Final Grade of 5.0.

• Major Examinations and Quizzes


• During Quizzes and Exams, the examinee are NOT allowed to go
outside the classroom premises regardless of the reason.
• Cellphones, calculator cover, extra papers (during exams) are not
allowed. Solution sheet must be STAPLED TWICE beforehand.
• Bags shall be placed outside the room beside the ME faculty office
glass door.
• Erasures are not allowed during exams/quizzes. You may use pencil
on answering the exam.
• If the student arrive late (even 1 minute) are not allowed to take the
quiz/exam.
• No special exam or quizzes be given unless the he/she can present a
medical certificate issued by the General Hospital and validated by our
University Physician.
TOPIC 1:
THE MECHANICAL
ENGINEERING LAW (RA 8495)
Republic Act No. 8495
• An Act Regulating the Practice of Mechanical Engineering
in the Philippines.
• This Act shall be known as the –Philippine Mechanical
Engineering Act of 1998.
Section 2. Statement of Policy
• the State recognizes the importance of mechanical
engineers in nation- building and development.
• Their talents through sustainable human development
shall be promoted.
• Thus, the State shall develop and nurture competent,
virtuous, productive and well-rounded mechanical
engineers whose standard of professional practice and
service shall be excellent, qualitative, world-class and
globally competitive through regulatory measures,
programs and activities
ARTICLE I. SECTION 3
DEFINITION OF TERMS
Section 3. Definition of Terms.
a) Practice of Mechanical Engineering - A person shall be deemed to
be practicing mechanical engineering or rendering mechanical
engineering service within the meaning and intent of this Act when he
performs the following:
1. Consultation, valuation, investigation and
management services requiring mechanical
engineering knowledge;
2. Engineering design, preparation of plans,
specifications and projects studies or estimates
for mechanical equipment, machinery, or
processes of any mechanical works, projects
or plants;
3. Management or supervision of the erection,
installation, alteration, testing and commissioning
of mechanical equipment, machinery, or
processes in mechanical works, projects or
plants;
Section 3. Definition of Terms.
4. Management, supervision, operation, tending or
maintenance of any mechanical equipment,
machinery or processes in mechanical work, projects
or plants;
5. Management or supervision of the manufacture, sale,
supply or distribution of mechanical equipment parts
or components;
6. Teaching of mechanical engineering professional
subjects in government recognized and accredited
engineering schools; and
7. Employment in government as a professional
mechanical engineer, registered mechanical
engineer, or certified plant mechanic if the nature and
character of his work is in line with his profession
requiring professional knowledge of the science of
mechanical engineering.
b) Mechanical equipment or machinery
• includes all prime movers such as
• steam engines and turbines, internal combustion engines and gas engines and
turbines; steam generators such as boiler; furnaces;
• heat exchanger such as
• cooling towers, kilns and dryers coolers and heaters;
• materials handling equipment, such as
• pumps, cranes, conveyors, hoists, elevators, escalators, mechanized
dumbwaiters, moving ramps and walkways:
• heating, air-conditioning, ventilating, and refrigeration equipment and
machinery, including
• compressors and centrifugal fans, mechanical pollution abatement and
environmental control system;
• Piping system
• with a working pressure of not less than 70 kpa.,
• fired and unfired pressure vessels, printing machine;
• mechanical working machines for
• metallic and non-metallic materials and other mechanical equipment and
machinery whether installed on land, underground, or on board watercraft.
c) Mechanical processes, works, projects
or plants
• shall include
• steam plants, geothermal plants, dander-thermal plants, nuclear
plants, ocean thermal energy conservation (OTEC) plants, internal
combustion plants,
• hydraulic plants, pumping plants, compressed gas plants, all kinds
of mills, shops, factories, shipyards dry docks,
• heating, air conditioning, ventilating and refrigeration plants
containing any mechanical equipment,
• machinery or process deriving power from steam, fossil fuels, wind,
air, gas, water, solar heat, nuclear energy,
• ocean waves and tides, or other energy sources.
d) Capacity of process works, projects or
plant-rated capacity
• in kilowatt of mechanical works, projects or plants for the
purpose of this Act shall be the
• total kilowatt ratings of all engines, motors, boilers, turbines, or
other prime movers installed for use in such works,
• projects or plants, whether in operation or not, and without regard
to the number of capacities of the mechanical equipment,
machinery or processes receiving power from or intended to be
driven by such prime movers.
Assignment No. 1:
• Enumerate at least two (2) of (a) practice; (b) Mechanical
equipment or machinery; (c) Mechanical processes,
works, projects or plants.

• Aside from enumerating, also describe their work, and


operation as well as their relevance to the Mechanical
Engineers as well as the RA 8495 is concerned.

• Place your assignment in a A4 paper, single space, times


new roman, 12, in PDF format.
ARTICLE II
BOARD OF MECHANICAL
ENGINEERING
Section 4. Creation and Composition of
the Board of Mechanical Engineering
• There is hereby created a Board of Mechanical
Engineering,
• hereinafter called the Board, to be composed of a
Chairman and two (2) members to be appointed by the
President of the Philippines from a list of three (3)
recommend for each Position, chosen, ranked in the order
of preference and submitted by the Professional
Regulation Commission, hereinafter referred to as the
Commission,
• from a list of five nominee submitted by the duly
accredited association of mechanical engineers in the
Philippines.
• The Board shall be organized not later than six (6) months
from the affectivity of this Act.
Section 4. Creation and Composition of
the Board of Mechanical Engineering
• Members of the Board (as of May 23, 2024)

RODULFO L. TABLANTE RAMON F. SOLIS MANUEL L. PAULINO


RODULFO L. TABLANTE
• Chairman, Professional Regulatory Board of Mechanical Engineering
• has served as the Vice President for Operations of the Petron Corp
since November 2013.
• Process Control Engineer, Operations Planning and Control Head
and Plant Operation Superintendent of SMC Mandaue Brewery
(1976-1979, 1979-1980 and 1980-1984, respectively),
• Engineering Manager and Project Manager of SMC Polo Brewery
(1984-1989 and 1989-1992, respectively),
• Assistant Brewery Consultant, Assistant Vice President, Engineering
Manager and Vice President and Engineering Manager of SMC –
Corporate Technical Services (1992-2001, 2001-2004 and January
2005-2007, respectively).
• Mr. Tablante has a Bachelor of Science degree in Mechanical
Engineering from the Cebu Institute of Technology and earned units
for a Master’s degree in Mechanical Engineering from the same
institute.
• Chairman, Refrigeration Committee, ASHRAE Philippines
RAMON F. SOLIS
• Member, Professional Regulatory Board of Mechanical
Engineering
• Experienced Vice President Facilities with a demonstrated
history of working in the hospital & health care
industry.
• Skilled in Operations Management, Facility Management
(FM), Management, Leadership, and Contract
Management.
• Strong engineering professional with a Bachelor's Degree
focused in Mechanical Engineering from Adamson
University.
MANUEL L. PAULINO
• Member, Professional Regulatory Board of Mechanical
Engineering
• An owner of a hauling business company, Sweet
Caroline Enterprise.
Section 5. Qualifications of Members of
the Board.
a) Natural born citizen and resident of the Philippines;
b) Must be at least thirty-five (35) years of age;
c) Holder of the degree of Bachelor of Science in
Mechanical Engineering or its equivalent, conferred by
a school, academy, college or university in the
Philippines or abroad that is accredited by the
Commission on Higher Education (CHED);
d) A Professional Mechanical Engineer with a valid
professional license and an active practitioner as such,
for not less than ten (10) years prior to his appointment;
Section 5. Qualifications of Members of
the Board.
e) Must not, for a period of three (3) consecutive years prior to
appointment, be a member of the faculty of any school,
academy, institute, college or university where a regular
course in mechanical engineering is being taught, nor have
pecuniary interest in or administrative supervision over any
such institutions of learning;
f) Must not, for a period of three (3) consecutive years prior to
appointment, be connected with a review center or with any
group or association where review classes or lectures in
preparation for the licensure examination are offered or
conducted at the time of appointment; and
g) Has never been convicted of any offense involving moral
turpitude. (Def: conduct that is considered contrary to community
standards of justice, honesty, or good morals.)
Section 6. Term of Office.
• A member of the Board shall hold office for a term of three
(3) years from the date of his appointment or until his
successor shall have been qualified and duly appointed,
• unless, however, that such incumbent member has been
re appointed for another three (3) years term.
• No member of the Board shall serve for more than two (2)
regular terms.
• Any vacancy occurring within the term of a member due
to resignation, conviction of any kind, disability or death,
shall be filled by appointment by the President of the
Philippines; and such member appointed shall serve for
the un expired portion of the term vacated without
prejudice to serve for a maximum of two (2) full terms
Section 6. Term of Office.
• If the appointee comes from the incumbent Board, he
shall serve the remaining vacated term in addition to the
previous years he had already served and shall be
qualified for reappointment in his new position: Provided,
his aggregate number of years of service shall not exceed
two (2) regular full terms.
• Each member of the Board shall take his oath of office
prior to the official performance of his duties.
Section 7. Compensation and Allowances
of the Board Members.
• The Chairman and members of the Board shall receive
compensation and allowances comparable to the
compensation and allowances being received by the
Chairmen and members of existing regulatory boards in
the Commission and as may be provided for in the
General Appropriations Act.
Section 8. Supervision of the Board,
Custodian of its Records, Secretariat and
Support Services.-
• The Board shall be under the general supervision of the
Commission.
• All records of the Board, including applications for
examination, examination papers and results, minutes of
deliberation, administrative cases, and other investigative
cases involving the profession shall be kept by the
Commission.
• The Commission shall designate the secretary of the
Board and shall provide the Secretariat and other support
services to implement the provisions of this Act.
Section 9. Power and Duties of the Board.
a) To promulgate and adopt the rules and regulations
necessary for carrying out the provisions of this Act;
b) To supervise the registration, licensure and practice of
mechanical engineers in the Philippines;
c) To administer oaths in connection with the successful
examinees entering the practice of Mechanical Engineering;
d) To issue the certificate of registration to successful
examinees;
e) To issue, suspend and/or revoke, after due process
certificates of registration and issue, cancel and suspend
professional license or cancel special permits for the practice
of mechanical engineering, for causes provided by law;
Section 9. Power and Duties of the Board.
f) To adopt an official seal of the Board;
g) To look into the conditions affecting the practice of the
mechanical engineering profession and whenever necessary,
adopt such measures as may be deemed proper for the
enhancement and maintenance of high professional and
ethical standards of the profession;
h) To prescribe and/or adopt a Code of Ethical and Professional
Standards for the practice of the mechanical engineering
profession.
i) To hear and try administrative cases involving violations of
this Act, its Implementing Rules and Regulations, the Code of
Ethics for Mechanical Engineers, and for this purpose, to
issue subpoena and subpoena duchess tecum to secure the
appearance of witnesses and the production of documents in
connection therewith;
Section 9. Power and Duties of the Board.
j) Prescribe guidelines in the Continuing Professional
Education (CPE) program in coordination with
accredited association of mechanical engineers;
k) Prepare, adopt, issue or amend the syllabi of the
subjects for examinations;
l) Approve, issue, limit or revoke temporary license to
practice mechanical engineering; and
m) Discharge such other duties and functions as may be
deemed necessary for the enhancement of the
mechanical engineering profession and the upgrading,
development and growth of mechanical engineering
education in the Philippines.
Section 10. Annual Report.
• The Board shall, at the close of each calendar year,
submit an annual report to the President of the Philippines
through the Professional Regulation Commission,
• giving a detailed account of its proceedings and
accomplishments during the year and making
recommendations for the adoption of measures that will
upgrade and improve the conditions affecting the practice
of mechanical engineering in the Philippines.
Section 11. Removal of Board Member
• The President upon recommendation of the Commission
may remove any member of the Board on the following
grounds:
• neglect of duty or incompetence,
• violation or tolerance of the violation of this Act or the Code of
Ethics for Mechanical Engineering,
• final judgment of crimes involving moral turpitude, after having
given the member an opportunity to be heard and/or defend himself
in a proper administrative investigation.
ARTICLE III
EXAMINATION,
REGISTRATION AND LICENSE
Section 12. Examination Required
• All applicants for registration for the practice of
mechanical engineering shall be required to undergo and
pass a written technical examination as provided for in
this Act.
Section 13. Categories.
Certificates of registration 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. Qualifications of Applicants for
Professional Mechanical Engineer (PME).
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 the time he
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 (ME).
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 (CPM).
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.
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
applicants - 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;
Section 17. Scope of Examination.
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, and Shop Practice
2. Industrial and Power Plant Engineering
3. Mathematics Engineering Economics and basic engineering sciences
Section 17. Scope of Examination.
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
3. Shop Machinery and Practice.

• Subject to the approval of the Commission, the Board may amend or


revise the subjects, their syllabi, passing average, and the system
and procedure in the licensure examinations for the practice of
mechanical engineering and the corresponding weight pursuant to
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 mechanic must obtain an average of
• seventy percent (70%) on all subjects,
• with no rating below fifty percent (50%) in any of the subjects.
Section 19. Report of Ratings
• The Board shall submit to the Commission the ratings
obtained by each candidate within fifteen (15) days after
the examinations, unless extended for just cause.
Section 20. Re-examination.
• An applicant who fails to pass the examination for the
third time shall be allowed to take another examination
only after the lapse of one year
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.
Certificate of Registration
Section 22. Issuance of Certificates of
Registration and Professional License
• 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.
PRC License
Section 22. Issuance of Certificates of
Registration and Professional License
• 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.
Section 23. Integration and Accreditation
of Mechanical Engineers.
• The integration of the mechanical engineering professional 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 and other affiliated organization
of mechanical engineers.
• The Board, subject to the approval by the Commission and after
consultation with the existing accredited organization of mechanical
engineers and other affiliated organization of mechanical engineers
and, if possible, with the substantial number of the mechanical
engineers who are non organization members, shall provide the
guidelines and mechanisms for the establishment and creation,
continued supervision of the integrated and accredited organization of
mechanical engineers.
• The registered and licensed engineers and certified plant mechanics
shall receive the benefits and privileges appurtenant to their
membership in duly integrated and accredited mechanical
engineering association only upon payment of the required fees and
dues.
Section 24. Seal of a Professional
Mechanical Engineer
• A professional mechanical engineer shall, upon registration,
obtain a seal of such design prescribed by the Board,
• bearing the registrants- name, the certificate number and the
legend -Professional Mechanical Engineer.
• Designs, plants, specifications, project feasibility studies,
appraisals, recommendations, technical reports, proposals, and
• other professional documents involving mechanical equipment,
works, projects or plants shall be stamped on every sheet with
said seal of the registrant when filed with government
authorities or when submitted or use professionally:
• Provided, that it shall be submitted or used professionally:
• Provided, that it shall be unlawful for any one to stamp or seal
any document with the said seal after the certificate shall have
been revoked or cancelled.
PME Seal
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
• The Board shall have the power, upon due notice and hearing,
to revoke or suspend the license of mechanical engineers,
• or to cancel a temporary/special permit for any cause specified
in the preceding sections, including but not limited to:
• the use or perpetuation of any fraud or deceit in obtaining a certificate
of registration, or for incompetence, negligence,
• or for abatement of the illegal practice of mechanical engineering,
violation of the provisions of this Act,
• its implementing Rules and Regulations and/or violations of Policies of
the Board including the Code of Ethics for Mechanical Engineering:
Provide, however, That such action of the Board shall be subject to
appeal without prejudice to the right of the aggrieved party to apply
with the proper Regional Trial Court for appropriate relief.
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 Engineers who are registered at
the time this Act takes effect, shall automatically be
registered.
Section 31. Coverage of
Temporary/Special Permits
• The following shall be required to secure a Temporary/
Special Permit from the Board subject to the approval by
the Commission
a) Mechanical engineers, installation, commission or graduate
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;
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
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;
Section 31. Coverage of
Temporary/Special Permits
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:
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.
You will be Interviewing a Licensed Mechanical Engineer individually and
ask the following basic questions:
• Basic Information of the Mechanical Engineer (work, years experience,
Assignment education, family, residence)
• On Licensure Exam Preparations (Review)
No. 2: • On Actual Licensure Exam (Board Exam)
• On the day before, during and after the Licensure Exam (Feel, emotion)
Interviewing a Licensed • When he/she passed the licensure exam, what comes on his/her mind?
Mechanical Engineer • When he/she failed the licensure exam, what is his/her expectations at that time and how do they
cope up (If applicable).
• Advice to the incoming Mechanical Engineers.
• Mistakes needs to be avoided.
• After passing the licensure exam, what comes next?
• How they apply for work.

Additional Data to be gathered:


• PRC ID
• Proof of Data Gathering (Chat, Photo)
• Photo
• Basic Information (Age, Company, Position, Workplace, etc.)

Formatting Guidelines:
• The report must be encoded with a A4 size, Arial, 12, single space, 1-
inch margins in PDF file format.
• Prepare infographic summarize the main key points during the interview
and submitted in the google classroom.
ARTICLE IV:
PRACTICE OF THE
PROFESSION
Section 33. Field of Action Authorized for
Each Category: Prohibition
It shall be unlawful for any person, unless authorized under
this Act:
a) to be in responsible charge of the preparation of plans,
designs, investigations, valuation, technical reports,
specifications, project studies or estimates or to be in
performance of other professional mechanical
engineering activities unless he is a duly licensed
Professional Mechanical Engineer.
b) to teach professional subjects in mechanical
engineering course unless he is a duly licensed
Professional Mechanical Engineer, or a Masters-
degree or Doctorate degree holder in mechanical
engineering
Section 33. Field of Action Authorized for
Each Category: Prohibition
It shall be unlawful for any person, unless authorized under this
Act:
c) to be in responsible charge of the construction, erection,
installation, alteration, or of the performance of a mechanical
engineering service in connection with the manufacture, sale,
supply or distribution of any mechanical works, project or
plant either for himself or for others, unless he is a duly
registered Professional Mechanical Engineer or Mechanical
Engineer.
d) to operate, tend or maintain, or be in-charge of the operation,
tending, or maintenance of any mechanical works, projects,
plant of 100 kw., or more but not more than 300 kw unless he
is a duly licensed Professional Mechanical Engineer,
Mechanical Engineer or Certified Plant Mechanic.
Section 33. Field of Action Authorized for
Each Category: Prohibition
It shall be unlawful for any person, unless authorized under
this Act:
e) to operate, tend, or maintain or be in-charge of the
operation, tending, or maintenance of any mechanical
equipment, machinery or process for any mechanical
works, projects or plants of 300 kilowatts or above but
not more than 2000 kw unless he is a duly licensed
Professional Mechanical Engineer or Mechanical
Engineer.
f) to operate, tend or maintain, or to be in charge of the
operation, tending or maintenance of any mechanical
equipment, machinery, process for any mechanical
works, projects or plants of over 2000 kw unless he is a
duly licensed Professional Mechanical Engineer.
Summary of Practice of Mechanical
Engineering (PME, ME and CPM)
Action Authorized for Each Category CPM ME PME
To operate, tend or maintain, or be in-charge of the
operation, tending, or maintenance of any
mechanical works, projects, plant of 100 kw., or
more but not more than 300 kw.
To operate, tend, or maintain or be in-charge of the
operation, tending, or maintenance of any
mechanical equipment, machinery or process for
any mechanical works, projects or plants of 300
kilowatts or above but not more than 2000 kw
To operate, tend or maintain, or to be in charge of
the operation, tending or maintenance of any
mechanical equipment, machinery, process for any
mechanical works, projects or plants of over 2000
kw.
Section 34. Personnel Required in
Mechanical Plant
Every mechanical work project or plant in operation shall
have not less than the following complement of resident
licensed professional mechanical engineer, mechanical
engineer or certified plant mechanic:
a) 100 kw or over but not more than 300 kw: one (1)
certified plant mechanic, or one (1) mechanical
engineer, or one (1) professional mechanical engineer:
Provided, That every mechanical work, project, or plant
in this category operating in more than one shift every
twenty four hours, shall have in addition to the minimum
personnel herein required, one (1) certified plant
mechanic, or one (1) mechanical engineer, or one (1)
professional mechanical engineer in-charge of each and
every additional shift.
Section 34. Personnel Required in
Mechanical Plant
b) 300 kw or over, but not more than 2000 kw: one (1)
mechanical engineer or one (1) professional mechanical
engineer: Provided, That every mechanical work, project, or
plant in this category operating in more than one shift every
twenty-four (24) hours shall have, in addition to the minimum
personnel herein required at least one (1) mechanical
engineer, or one (1) professional mechanical engineer in-
charge of each and every additional shift.
c) Over 2000 kw: one (1) professional mechanical engineer:
Provided, That every mechanical work, project or plant in this
category operating in more than one shift every twenty-four
(24) hours shall have, in addition to the minimum personnel
herein required at least one (1) professional mechanical
engineer in-charge of each and every additional shift.
Section 35. Preparation of Plans and Supervision of
Construction by Licensed Engineers Required.
• It shall be unlawful for any person to order or otherwise cause
the fabrication, construction, erection, installation or alteration
of any mechanical equipment, machinery or process for any
mechanical works, projects, or plants, unless the designs,
plans, layouts or specifications have been prepared by or
under the responsible charge of, and duly signed and sealed
by a Professional Mechanical Engineer.
• Likewise, proposals and quotations for the supply and
fabrication of mechanical equipment, works, projects, plants,
mechanical pollution abatement systems, mechanical fire
protection systems, pressurized pipes with a working pressure
of not less than 70 kpa., shall be duly signed and sealed by a
Professional Mechanical Engineer.
Section 36. Practice Not Allowed for Firms
and Corporations
• The practice of mechanical engineering is a professional
service, admission to which shall be determined upon the basis
of an individuals- personal qualifications.
• No firm, company partnership, association or corporation may
be registered or licensed as such for the practice of mechanical
engineering: Provided, however, That persons properly
registered and licensed as mechanical engineers may form and
obtain registration with the Security and Exchange Commission
of a firm, partnership or association using the term -Mechanical
Engineers- and or –Architect and Mechanical Engineers- but
nobody shall be a member, partner or associate unless he is a
duly registered and licensed mechanical engineer, and the
members who are mechanical engineers shall only render work
and services proper for mechanical engineers as defined in this
Act.
Section 37. Posting of Certificates
• The owner, manager, or other person in-charge of any
mechanical works, projects, or plants of one hundred
(100) kw or more, of a firm, co-partnership, corporation or
joint-stock association, shall post or cause to be posted in
a conspicuous place within such plant of business, the
original certificate of registration of the engineer or
engineers and of the certified plant mechanic/s employed
in such plant, in a frame protected by transparent glass or
its equivalent.
Section 38. Roster of Engineers and
Mechanics
• A roster showing the names and place of business of all
registered professional mechanical engineers, mechanical
engineers and certified plant mechanics, shall be
prepared by the Commission which shall be made
available to any interested parties upon formal written
request
Section 39. Foreign Reciprocity
• No foreign mechanical engineer or mechanic shall be
allowed to practice mechanical engineering or be given a
certificate of registration or be entitled to any of the
privileges under this Act
• unless he can prove in the manner provided by the rules
of Court or by specific provisions of law or regulations,
that the country of which he is a subject or citizen, in the
spirit of reciprocity, permits Filipino mechanical engineers
and/ or mechanics to practice within its territorial limits on
the same basis as the subject or citizens of such country
or state.
Section 40. Enforcement of the Act by the
Officers of the Law
• The Professional Regulation Commission shall be the
enforcement agency of the Board.
• As such, the Commission shall implement the concerned
provisions of this Act, Enforce its implementing rules and
regulations as adopted by the Board, conduct
investigations on complaints including violations of the
Code of Conduct of the profession and prosecute when
so warranted.
• It shall be the duty of all duly constituted authorities
through the officers of the law of the national government,
or any provincial, city, or municipal government or any
political subdivision thereof, to enforce the provisions of
this act and to prosecute any person violating the same.
Section 41. Qualification Requirements
• In a government or private institution where a position
requires a Masters- degree holder, a holder of
professional mechanical engineer license shall be eligible
for the position.
• Likewise, where a position requires a professional
mechanical engineers- license, a holder of a masters- or
doctorate degree in mechanical engineering, with a
registered mechanical engineers- license shall be
considered for the position.
ARTICLE V:
PENAL AND CONCLUDING
REMARKS
Section 42. Penalties
• In addition to the administrative sanctions imposed under
this Act any person who violates any of the provisions of
this Act and its rules and regulations shall,
• upon conviction be penalized by a fine of not less than
Fifty thousand pesos (P50,000.00) nor more than Two
hundred thousand pesos (P200,000.00), or imprisonment
of not less than six (6) months nor more than three (3)
years, or both fine and imprisonment at the discretion of
the court.
Section 47. Transitory Provisions
a) Mechanical Plant Engineers possessing valid certificates of
registration issued under Commonwealth Act No. 294 with
BSME degree shall, after the approval of this Act, register
and be issued certificates as professional mechanical
engineers to replace their original certificate of registration
upon payment of the required fees.
b) Faculty Members currently teaching mechanical engineering
professional subjects in universities, colleges, institutes, or
schools shall not be allowed to continue teaching after five
(5) years from the approval of this Act, unless they are or
have become Professional Mechanical Engineers or at least
Registered Mechanical Engineers with a Masters- degree in
Mechanical Engineering from duly recognized and accredited
universities, colleges, institutes or schools.
c) The present Board shall continue to function in the interim
until such time as the new Board shall be constituted.
Write a report regarding the Implementation of
RA 8495 in respective cities in the Philippines
Assignment • Luzon
No. 2: • Visayas
• Mindanao

Also, include any violations observed or violated


by CPM, ME and PME, please cite the issues
and its resolutions.

Formatting Guidelines:
• The report must be encoded with a A4 size,
Arial, 12, single space, 1 inch margins in PDF
file format.
• Prepare infograph for Presentation, and also
submitted in the google classroom.
ADDITIONAL READINGS

The Implementing Rules and Regulations (IRR) of RA


8495

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