Republic of the Philippines

Congress of the Philippines

Metro Manila
Tenth Congress
Republic Act No. 8495 February 1! 1998
AN ACT R"#$%AT&N# T'" PRACT&C" (F )"C'AN&CA% "N#&N""R&N# &N T'" P'&%&PP&N"*
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
ART&C%" &
T&T%"! *TAT")"NT (F P(%&C+ AN, ,"F&N&T&(N (F T"R)*
*ection 1. Title. This Act stall be known as the -Philippine Mechanical Engineering Act of 1998.-
*ection . 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 wellrounded mechanical engineers whose standard of professional practice and service shall be e!cellent,
"ualitative, worldclass and globall# competitive through regulator# measures, programs and activities.
*ection .. Definition of Terms. As used in this Act, the following terms shall mean as follows:
$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:
$&% 'onsultation, valuation, investigation and management services re"uiring mechanical engineering knowledge(
$)% *ngineering design, preparation of plans, specifications and pro+ects studies or estimates for mechanical
e"uipment, machiner#, or processes of an# mechanical works, pro+ects or plants(
$,% Management or supervision of the erection installation, alteration, testing and commissioning of mechanical
e"uipment, machiner#, or processes in mechanical works, pro+ects or plants(
$-% Management, supervision, operation, tending or maintenance of an# mechanical e"uipment, machiner# or
processes in mechanical work, pro+ects or plants(
$.% Management or supervision of the manufacture, sale, suppl# or distribution of mechanical e"uipment, parts or
components(
$/% Teaching of mechanical engineering professional sub+ects in government recognized and accredited engineering
schools( and
$0% *mplo#ment 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, re"uiring 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 e!changer such as cooling
towers, kilns and dr#ers, coolers and heaters( materials handling e"uipment, such as pumps, cranes, conve#ors, hoists,
elevators, escalators, mechanized dumbwaters, moving ramps and walkwa#s( heating, airconditioning, ventilating, and
refrigeration e"uipment and machiner#, including compressors and centrifugal fans, mechanical pollution abatement and
environmental control s#stem( piping s#stem with a working pressure of not less than 01 kpa., fired and unfired pressure
vessels, printing machine( mechanical working machines for metallic and nonmetallic materials and other mechanical
e"uipment and machiner# whether installed on land, underground, or on board watercraft.
$c% Mechanical processes, works, pro+ects or plants shall include stem plants, geothermal plants, dendrothermal plants,
nuclear plants, ocean thermal energ# conservation $2T*'% plants, internal combustion plants h#draulic plants, pumping
plants, compressed gas plants, all kinds of mills, shops, factories, ship#ards dr#docks, heating, airconditioning, ventilating
and refrigeration plants containing an# mechanical e"uipment machiner# or process deriving power from steam, fossil fuels,
wind, air, gas, water, solar heat, nuclear energ#, ocean waves and tides, or other energ# sources.
$d% 'apacit# of process works, pro+ect or plantrated capacit# in kilowatt of mechanical works, pro+ects or plants for the
purpose of this Act shall be the total kilowatt rating of all engines, motors, boilers, turbines, or other primemovers installed
for use in such works, pro+ects or plants, whether in operation or not, and without regard to the number of capacities of the
mechanical e"uipment, machiner# or processes receiving power from or intended to be driven b# such primemovers.
ART&C%" &&
/(AR, (F )"C'AN&CA% "N#&N""R&N#
*ec. 4. Creation and Composition of the Board of Mechanical Engineering. There is hereb# created a 3oard of Mechanical
*ngineering, hereinafter called the 3oard, to be composed of a 'hairman and two $)% members to be appointed b# the 4resident of the
4hilippines from a list of three $,% recommendees for each position, chosen, ranked in the order of preference and submitted b# the
4rofessional 5egulation 'ommission, hereinafter referred to as the 'ommission, from a list of five nominees submitted b# the dul#
accredited association of mechanical engineers in the 4hilippines. The 3oard shall be organized not later than si! $/% months from the
effectivit# of this Act.
*ection 5. Qalification of Mem!ers of the Board. A member of the 3oard shall, at the time of his appointment, possess the
following "ualifications:
$a% 6atural born citizen and resident of the 4hilippines(
$b% Must be at least thirt#five $,.% #ears of age(
$c% 7older of the degree of 3achelor of Science in Mechanical *ngineering or its e"uivalent, conferred b# a school, academ#,
college or universit# in the 4hilippines or abroad that is accredited b# the 'ommission on 7igher *ducation $'7*8%(
$d% A 4rofessional Mechanical *ngineer with a valid professional license and an active practitioner as such, for not less than
ten $&1% #ears prior to his appointment(
$e% Must not, for a period of three $,% consecutive #ears prior to appointment, be a member of the facult# of an#, school,
academ#, institute, college or universit# where a regular course in mechanical engineering is being taught, nor have pecuniar#
interest in or administrative supervision over an# such institutions of learning(
$f% Must not, for a period of three $,% consecutive #ears prior to appointment, be connected with a review center or with an#
group or association where review classes or lectures in preparation for the licensure e!amination are offered or conducted at
the time of appointment( and
$g% 7as never been convicted of an# offense involving moral turpitude.
*ection 0. Term of "ffice. A member of the 3oard shall hold office for a term of three $,% #ears from the date of his appointment or
until his successor shall have been "ualified and dul# appointed, unless, however, that such incumbent member has been reappointed
for another three $,% #ear term. 6o member of the 3oard shall serve for more than two $)% regular terms. An# vacanc# occurring
within the term of a member due to resignation, conviction of an# kind, disabilit# or death, shall be filled b# appointment b# the
4resident of the 4hilippines( and such member appointed shall serve for the une!pired portion of the term vacated without pre+udice to
serve for a ma!imum of two $)% full terms. 9f the appointee comes from the incumbent 3oard, he shall serve the remaining vacated
term in addition to the previous #ears he had alread# served and shall be "ualified for reappointment in his new position: 4rovided, his
number of #ears of service shall not e!ceed two $)% regular full terms.
*ach member of the 3oard shall take his oath of office prior to the official performance of his duties.
*ection 1. Compensation and Allo#ances of the Board Mem!ers. The 'hairman and members of the 3oard shall receive
compensation and allowances comparable to the compensation and allowances being received b# the 'hairmen and members of
e!isting regulator# boards with the 'ommission and as ma# be provided for in the :eneral Appropriations Act.
*ection 8. Sper$ision of the Board% Cstodian of it &ecords% Secretariat and Spport Ser$ices. The 3oard shall be under the
general supervision of the 'ommission. All records of the 3oard, including application for e!amination, e!amination papers and
results, minutes of deliberation, administrative cases, and other investigative cases involving the profession shall be kept b# the
'ommission. The 'ommission shall designate the secretar# of the 3oard and shall provide the Secretariat and other support services
to implement the provisions of this Act.
*ection 9. Po#er and Dties of the Board. The 3oard shall e!ercise the following specific powers, functions, duties and
responsibilities:
$a% To promulgate and adopt the rules and regulations necessar# for carr#ing out the provisions of this Act(
$b% To supervise the registration, licensure and practice of mechanical engineers in the 4hilippines(
$c% To administer oaths in connection with the successful e!aminees entering the practice of Mechanical *ngineering(
$d% To issue the certificate of registration to successful e!aminees(
$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 b# law(
$f% To adopt an official seal of the 3oard(
$g% To look into the conditions affecting the practice of the mechanical engineering profession and whenever necessar#, adopt
such measures as ma# be deemed proper for the enhancement and maintenance of high professional and ethical standards of
the profession(
$h% To prescribe and;or adopt a 'ode of *thical and 4rofessional Standards for the practice of the mechanical engineering
profession.
$i% To hear and tr# administrative cases involving violations of this Act, its 9mplementing 5ules and 5egulations, the 'ode of
*thics for Mechanical *ngineers, and for this purpose, to issue subpoena andsubpoena duces tecum to secure the appearance
of witnesses and the production of documents in connection therewith(
$+% 4rescribe guidelines in the 'ontinuing 4rofessional *ducation $'4*% program in coordination with accredited association
of mechanical engineers(
$k% 4repare, adopt, issue or amend the s#llabi of the sub+ects for e!aminations(
$l% Approve, issue, limit or revoke temporar# license to practice mechanical engineering( and
$m% 8ischarge such other duties and functions as ma# be deemed necessar# for the enhancement of the mechanical
engineering profession and the upgrading, development and growth of mechanical engineering education in the 4hilippines.
*ection 12. Annual Report. The 3oard shall, at the close of each calendar #ear, submit an annual report to the 4resident of the
4hilippines through the 4rofessional 5egulation 'ommission, giving a detailed account of its proceedings and accomplishments
during the #ear and making recommendations for the adoption of measures that will upgrade and improve the conditions affecting the
practice of mechanical engineering in the 4hilippines.
*ection 11. &emo$al of Board Mem!er. The 4resident upon recommendation of the 'ommission ma# remove an# member of the
3oard on the following grounds( neglect of dut# or incompetence, violation or tolerance of the violation of this Act or the 'ode of
*thics for Mechanical *ngineering, final +udgment of crimes involving moral turpitude, after having given the member an opportunit#
to be heard and;or defend himself in a proper administrative investigation.
ART&C%" &&&
"3A)&NAT&(N! R"#&*TRAT&(N AN, %&C"N*"
*ec. 1. E'amination &e(ired. All applicants for registration for the practice of mechanical engineering shall be re"uired to
undergo and pass a written technical e!amination as provided for in this Act.
*ection 1.. Categories. 'ertificates of registration for the practice of mechanical engineering shall be of three $,% categories and in
order of rank as follows:
$a% 4rofessional Mechanical *ngineer(
$b% Mechanical *ngineer( and
$c% 'ertified 4lant Mechanic.
*ection 14. Qalification of Applicants for Professional Mechanical Engineer. An# applicant to the 4rofessional mechanical
engineering e!amination must, at the time of filing of his application, establish to the satisfaction of the 3oard that:
$a% 7e is a citizen of the 4hilippines(
$b% 7e must not have been convicted b# a court of law of a crime involving moral turpitude(
$c% 7e has a valid certificate of registration and he is a registered mechanical engineer and a holder of a valid professional
license(
$d% 7e has graduated from an engineering school or college of recognized standing, after completing an approved course in
mechanical engineering(
$e% 7e has specific record of a total of four $-% #ears or more of active mechanical engineering practice, reckoned from time
he is registered a mechanical engineering practice( and
$f% 7e is competent to practice, as attested to b# at least two $)% professional mechanical engineers.
*ection 15. Qalifications of Applicants for Mechanical Engineer. An# person appl#ing for e!amination and for a 'ertificate of
5egistration as Mechanical *ngineer shall, prior to admission to the e!aminations, establish to the satisfaction of the 3oard that:
$a% 7e is a citizen of the 4hilippines(
$b% 7e must not have been convicted b# a court of law of a crime involving moral turpitude(
$c% 7e holds the degree of 3achelor of Science in Mechanical *ngineering from a universit#, school, college, academ#, or
institute dul# constituted and recognized as such b# the government.
*ection 10. Qalifications of Applicants for Certified Plant Mechanic. An# person appl#ing for e!amination for certificate of
registration as 'ertified 4lant Mechanic shall establish to the satisfaction of the 3oard that:
$a% 7e must not have been convicted b# a court of law of a crime involving moral turpitude(
$b% 7e has graduated from a vocational or trade school dul# recognized b# the government after completing an approved
course of not less than two $)% #ears in stationar# or power plant engineering or an# mechanical plant operation( and
$c% 7e has specific record of an additional one $&% #ear 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 3oard, that the applicant is competent to undertake the operation, tending and maintenance of mechanical
works, pro+ects or plant of not less than one hundred $&11% kilowatts.
*ection 11. Scope of E'amination. The scope of e!amination and the methods of procedure shall be prescribed b# the 3oard with
special reference to the applicant<s abilit# to perform the t#pe of engineering work pertaining to the particular categor# he is to be
registered in.
$a% Professional Mechanical Engineer The granting of professional mechanical engineer 'ertificate of 5egistration shall be
testimonial in nature which shall include the submission of an enumeration of the applicant<s e!perience including the
presentation of an engineering report;technical paper pertinent to his line of e!perience attested to b# two $)% or more
professional mechanical engineers in an affidavit for this purpose(
$b% Mechanical Engineer The applicant shall pass a written e!amination on different sub+ects or group of sub+ects
prescribed b# the 3oard, and within the s#llabi prepared b# the 3oard with emphasis on power plant and industrial plant
engineering, mathematics, engineering economics, economic anal#sis, laws and ethics and machine design.
The sub+ects in which the applicant for Mechanical *ngineers shall be e!amined are:
&. Machine 8esign, Materials = Shop 4ractice
). 9ndustrial = 4ower 4lant *ngineering
,. Mathematics *ngineering *conomics and basic engineering sciences
$c% Certified Plant Mechanic The e!amination for 'ertified 4lant Mechanic ma# be written or oral on sub+ect matters based
on the following submitted statement of e!perience:
&. *lements of 4ower 4lant Machiner#
). *lements of 9ndustrial 4lant Machiner#( and
Sub+ect to the approval of the 'ommission, the 3oard ma# amend or revise the sub+ects, their s#llabi, passing average, and the s#stem
and procedure in the licensure e!aminations for the practice of mechanical engineering and the corresponding weight pursuant to
implementing rules and regulations issued for this purpose.
The said sub+ects and their s#llabi ma# be amended b# the 3oard so as to conform to technological changes brought about b#
continuing trends in the profession.
*ection 18. &atings. To pass the e!amination, a candidate for a professional mechanical engineer, a mechanical engineer, and
certified plant mechanical must obtain an average of sevent# percent $01>% on all sub+ects, with no rating below fift# percent $.1>% in
an# of the sub+ects.
*ection 19. &eport of &atings. The 3oard should submit to the 'ommission, the ratings obtained b# each candidate within fifteen
$&.% da#s after the e!aminations, unless e!tended for +ust cause.
*ection 2. &e)e'amination. An applicant who fails to pass the e!amination for the third time shall be allowed to take another
e!amination onl# after the lapse of one #ear.
*ection 1. "ath. All successful candidates in the e!amination shall be re"uired to take an oath of profession before the 3oard or
an# government official authorized to administer oaths, prior to entering upon the practice of the mechanical engineering.
*ection . *ssance of Certificates of &egistration and Professional +icense. ?pon pa#ment of the registration fee as established
b# the 'ommission, the 3oard shall issue a certificate of registration to an# applicant who has met all the re"uirements specified in
this Act for the particular categor# he is registering in.
All certificates of registration shall indicate the full name of the registrants, signed b# all the members of the 3oard and the
'ommission and affi!ed with the official seal of the 'ommission. The issuance of a certificate of registration b# the 3oard 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 ma# be, for as long as said certificate remains valid.
A professional license bearing the registration number, date of issuance, e!pir# date and dul# signed b# the chairman of the 3oard,
shall likewise be issued to ever# registrant, provided that professional fees have been paid. 6o person shall practice mechanical
engineering in this countr# unless such person shall have secured a license to practice Mechanical *ngineering in the manner herein
provided. A licensee is entitled to practice the profession with all the privileges appurtenant thereto until the e!piration of the validit#
of his license.
Sub+ect to the approval of the 'ommission, certificates of specialt# shall be issued b# the 3oard, sub+ect to the approval of the
'ommission to 4rofessional Mechanical *ngineers who have been screened and recommended b# accredited mechanical engineers
association. These are for specific fields in which the applicants have specialized knowledge, training and e!perience and have
documented their competence and e!pertise. The 3oard, shall sub+ect to the approval of the 'ommission, and after consultation with
said association concerned, prescribe and issue the necessar# guidelines for the issuance of these certificates.
*ection .. *ntegration and Accreditation of Mechanical Engineers. An integrated organization of mechanical engineers shall be
created and accredited b# the 3oard of Mechanical *ngineering and the 4rofessional 5egulation 'ommission. All persons whose
names now appear in the roll of professional mechanical engineers, mechanical engineers, and certified plant mechanics under the
custod# of the 3oard and the 'ommission, or those who ma# hereafter be included therein upon registration and pa#ment of the
re"uired fees shall automaticall# 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 voluntar# organization of mechanical
engineers which ma# coe!ist with the integrated and accredited organization of mechanical engineers. The 3oard, sub+ect to the
approval b# the 'ommission and after consultation with the e!isting 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 dul# integrated and accredited mechanical engineering
association onl# upon pa#ment of the re"uired fees and dues.
*ection 4. Seal of a Professional Mechanical Engineer. A professional mechanical engineer shall, upon registration, obtain a seal
of such design prescribed b# the 3oard, bearing the registrant<s name, the certificate number and the legend @4rofessional Mechanical
*ngineer.@ 8esigns, plans, specifications, pro+ect feasibilit# studies, appraisals, recommendations, technical reports, proposals, and
other professional documents involving mechanical e"uipment, works, pro+ects or plants shall be stamped on ever# sheet with said
seal of the registrant when filed with government authorities or when submitted or used professionall#: 4rovided, That it shall be
submitted or used professionall#: 4rovided, that it shall be unlawful for an# one to stamp or seal an# document with the said seal after
the certificate shall have been revoked or cancelled.
*ection 5. ,on)issance of Certificate for Certain -ronds. The 3oard shall not issue a certificate of registration to an# person
convicted b# court of competent +urisdiction of an# crime involving moral turpitude, or immoral or dishonorable conduct or an#
person of unsound mind declared b# a court of competent +urisdiction, furnishing the part# concerned a written statement containing
the reasons for such action, which statement shall be incorporated in the records of the 3oard.
*ection 0. &e$ocation and Sspension of Certificate. The 3oard shall have the power, upon proper notice and hearing, to suspend
or revoke an# certificate of registration of an# registrant for an# cause specified in the preceding section, or for the use in whatever
wa# of an# 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: 4rovided, That
the action of the 3oard shall be sub+ect to appeal to the 'ommission within fifteen $&.% da#s from notice, whose decision on the matter
shall be final.
*ection 1. -ronds for Sspension and &e$ocation of +icenses% Cancellation of Temporary.Special Permit. The 3oard shall
have the power, upon due notice and hearing, to revoke or suspend the license of mechanical engineers, or to cancel a
temporar#;special permit for an# cause specified in the preceding sections, including but not limited to: the use or perpetuation of an#
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 5ules and 5egulations and;or violations of 4olicies
of the 3oard including the 'ode of *thics for Mechanical *ngineering: 4rovided, however, That such action of the 3oard shall be
sub+ect to appeal without pre+udice to the right of the aggrieved part# to appl# with the proper 5egional Trial 'ourt for appropriate
relief.
*ection 8. &einstatement and &eplacement of the Certificates. The 3oard, upon application and for reasons of e"uit# and +ustice,
ma# reinstate the validit# of a revoked certificate of registration and professional license, upon pa#ment of the re"uired fees, at least
two $)% #ears after revocation. A new certificate of registration to replace an# certificate lost, destro#ed or mutilated ma# be issued,
sub+ect to the rules of the 3oard, and upon pa#ment of the re"uired fee.
*ection 9. &ene#al of +icense. The professional license shall serve as evidence that the licensee can lawfull# practice his
profession until the e!piration of its validit#. 7owever, renewal of license can onl# be done upon pa#ment of renewal fee
corresponding to three $,% consecutive #ears.
*ection .2. /ested &ights0 Atomatic &egistration of Practicing Mechanical Engineers. All practicing Mechanical *ngineer who
are registered at the time this Act takes effect, shall automaticall# be registered.
*ection .1. Co$erage of Temporary.Special Permits. The following shall be re"uired to secure a Temporar#;Special 4ermit from
the 3oard sub+ect to the approval b# the 'ommission.
$a% Mechanical engineers, installation, commission or guarantee engineers from other countries called in for consultation or
for a specific design or installation, pro+ect not re"uiring more than three $,% months residence in the 4hilippines in a twelve
$&)% month period: 4rovided, That such engineers are legall# "ualified to practice mechanical engineering in their own
countr# or state in which the re"uirements and "ualifications for obtaining a certificate of registration are at least e"ual to or
more than those specified in this Act as certified b# the 3oard(
$b% Aoreigners emplo#ed as technical officers, training officers or consultants in such special branches of mechanical
engineering who, in the +udgment of the 3oard, are necessar# and advantageous for the countr# particularl# in the aspects of
technolog# transfer, ma# be issued temporar# permits: 4rovided, That such engagements have satisfied conditions, as ma# be
deemed necessar# as follows:
$&% 6onavailabilit# of a mechanical engineer and;or mechanic in the countr# who is competent, able and willing at
the time of engagement to perform the service for which the foreigner is desired for(
$)% The foreigner must have been in the prior emplo# of the engaging firm, or its foreign business partner, outside of
the 4hilippines for a period of not less than one $&% #ear immediatel# preceding the date of his engagement(
$,% An# particular or specific engagement shall not be in e!cess of si! $/% months but ma# be renewed once, if
necessar# e!cept when such engagement is for a newl# established firm in which case the period of engagement
ma# be for a longer term but not to e!ceed a total term of two $)% #ears.
*ection .. *ndication of +icense and Professional Ta' &eceipt. The Mechanical *ngineer shall be re"uired to indicate his
4rofessional Bicense number, the duration of validit#, including the professional ta! receipt number on the documents he signs, uses or
issues in connection with practice of his profession.
ART&C%" &4
PRACT&C" (F T'" PR(F"**&(N
*ec. ... 1ield of Action Athori2ed for Each Category0 Prohi!ition. 9t shall be unlawful for an# person, unless authorized under
this Act:
$a% to be in responsible charge of the preparation of plans, designs, investigations, valuation, technical reports, specifications,
pro+ect studies or estimates or to be in performance of other professional mechanical engineering activities unless he is a dul#
licensed 4rofessional Mechanical *ngineer.
$b% to teach professional sub+ects in mechanical engineering course unless he is a dul# licensed 4rofessional Mechanical
*ngineer, or a Master<s degree, or 8octorate degree holder in mechanical engineering.
$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, suppl# or distribution of an# mechanical works, pro+ect or plant
either for himself or for other, unless he is a dul# registered 4rofessional Mechanical *ngineer or Mechanical *ngineer.
$d% to operate, tend or maintain, or be incharge of the operation, tending, or maintenance of an# mechanical works, pro+ects,
plant of &11 kw., or more but not more than ,11 kw unless he is a dul# licensed 4rofessional Mechanical *ngineer,
Mechanical *ngineer or 'ertified 4lant Mechanic.
$e% to operate, tend, or maintain, or be incharge of the operation, tending, or maintenance of an# mechanical e"uipment,
machiner# or process for an# mechanical works, pro+ects or plants of ,11 kilowatts or above but not more than )111 kw
unless he is a dul# licensed 4rofessional Mechanical *ngineer or Mechanical *ngineer.
$f% to operate, tend or maintain, or to be in charge of the operation, tending or maintenance of an# mechanical e"uipment,
machiner# process for an# mechanical works, pro+ects or plants of over )111 kw unless he is a dul# licensed 4rofessional
Mechanical *ngineer.
*ection .4. Personnel &e(ired in Mechanical Plant. *ver# mechanical work pro+ect 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% &11 kw or over but not more than ,11 kw: one $&% certified plant mechanic, or more mechanical engineer or one $&%
professional mechanic engineer: 4rovided, That ever# mechanical work, pro+ect, or plant in this categor# operating in more
than one shift ever# twent#four hours, shall have in addition to the minimum personnel herein re"uired, one $&% certified
plant mechanical, or one $&% mechanical engineer, or one $&% professional mechanical engineer incharge of each and ever#
additional shift.
$b% ,11 kw or over, but not more than )111 kw: one $&% mechanical engineer or one $&% professional mechanical engineer or
one $&% professional mechanical engineer: 4rovided, That ever# mechanical work, pro+ect, or plant in this categor# operating
in more than one shift ever# twent#four $)-% hours shall have, in addition to the minimum personnel herein re"uired at least
one $&% mechanical engineer, or one $&% professional mechanical engineer incharge of each and ever# additional shift.
$c% 2ver )111 kw: one $&% professional mechanical engineer: 4rovided, That ever# mechanical work, pro+ect or plant in this
categor# operating in more than one shift ever# twent#four $)-% hours shall have, in addition to the minimum personnel
herein re"uired at least one $&% professional mechanical engineer incharge of each and ever# additional shift.
*ection .5. Preparation of Plans and Sper$ision of Constrction !y +icensed Engineers &e(ired. 9t shall be unlawful for an#
person to order or otherwise cause the fabrication, construction, erection, installation or alteration of an# mechanical e"uipment,
machiner# or process for an# mechanical works, pro+ects, or plants, unless the designs, plans, la#outs or specifications have been
prepared b# or under the responsible charge of, and dul# signed and sealed b# a 4rofessional Mechanical *ngineer.
Bikewise, proposals and "uotations for the suppl# and fabrication of mechanical e"uipment, works, pro+ects, plants, mechanical
pollution abatement s#stems, mechanical fire protection s#stems, pressurized pipes with a working pressure of not less than 01 kpa.,
shall be dul# signed and sealed b# a 4rofessional Mechanical *ngineer.
*ection .0. Practice ,ot Allo#ed for 1irms and Corporations. The practice of mechanical engineering is a professional service,
admission to which shall be determined upon the basis of an individual<s personal "ualifications.
6o firm, compan# partnership, association or corporation ma# be registered or licensed as such for the practice of mechanical
engineering: 4rovided, however, That persons properl# registered and licensed as mechanical engineers ma# form and obtain
registration with Securit# and *!change 'ommission of a firm, partnership or association using the term @Mechanical *ngineers@, and
or @Architect and Mechanical *ngineers@ but nobod# shall be a member, partner or associate unless he is a dul# registered and
licensed mechanical engineer, and the members who are mechanical engineers shall onl# render work and services proper for
mechanical engineers as defined in this Act.
*ection .1. Posting of Certificates. The owner, manager, or other person incharge of an# mechanical works, pro+ects, or plants of
one hundred $&11% kw or more, of a firm, copartnership, corporation or +ointstock 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 emplo#ed in such plant, in a frame protected b# transparent glass or its e"uivalent.
*ection .8. &oster 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 b# the commission which shall be made
available to an# interested parties upon formal written re"uest.
*ection .9. 1oreign &eciprocity. 6o foreign mechanical engineer or mechanic shall be allowed to practice mechanical engineering
or be given a certificate of registration or be entitled to an# of the privileges under this Act unless he can prove in the manner provided
b# the rules of 'ourt or b# specific provisions of law or regulations, that the countr# of which he is a sub+ect or citizen in the spirit of
reciprocit#, permits Ailipino mechanical engineers and;or mechanics to practice within its territorial limits on the same basis as the
sub+ect or citizens of such countr# or state.
*ection 42. Enforcement of the Act !y the "fficers of the +a#. The 4rofessional 5egulation 'ommission shall be the enforcement
agenc# of the 3oard. As such, the 'ommission shall implement the concerned provisions of this Act, enforce its implementing rules
and regulations as adopted b# the 3oard, conduct investigations on complaints including violations of the 'ode of 'onduct of the
profession and prosecute when so warranted.
9t shall be the dut# of all dul# constituted authorities through the officers of the law of the national government, or an# provincial, cit#,
or municipal government or an# political subdivision thereof, to enforce the provisions of this act and to prosecute an# person
violating the same.
*ection 41. Qalification &e(irements. 9n a government or private institution where a position re"uires a master<s degree holder, a
holder of professional mechanical engineer license shall be eligible for the position. Bikewise, where a position re"uires a professional
mechanical engineer<s license, a holder of a master<s or doctorate degree in mechanical engineering, with a registered mechanical
engineer<s license shall be considered for the position.
ART&C%" 4
P"NA% AN, C(NC%$,&N# PR(4&*&(N*
*ec. 4. Penalties. 9n addition to the administrative sanctions imposed under this Act an# person who violates an# of the provisions
of this Act and its rules and regulations shall, upon conviction be penalized b# a fine of not less than Aift# thousand pesos
$4.1,111.11% nor more than Two hundred thousand pesos $4)11,111.11%, or imprisonment of not less than si! $/% months nor more
than three $,% #ears, or both fine and imprisonment at the discretion of the court.
*ection 4.. *mplementing &les and &eglations. The 3oard shall formulate and issue the implementing rules and regulations to
carr# out the provisions of this Act.
*ection 44. 1nding Pro$isions. Such sums ma# be necessar# to carr# out provisions of this Act shall be included in the :eneral
Appropriations Act of the #ear following its enactment into law and thereafter.
*ection 45. Separa!ility Clase. 9f an# section or portion of this Act shall be declared unconstitutional or invalid, the same shall not
invalidate all other sections or portions not affected thereb#.
*ection 40. &epealing Clase. 'ommonwealth Act 6o. )C-, as amended b# 5epublic Act 6o. .,,/, is hereb# repealed and all other
laws, parts of law, orders, ordinances, or regulations relative to the practice of mechanical engineering which are inconsistent with the
provisions of this Act are hereb# repealed or modified accordingl#.
*ection 41. Transitory Pro$isions. $a% Mechanical 4lant *ngineers possessing valid certificates of registration issued under
'ommonwealth Act 6o. )C- with 3SM* 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 pa#ment of the re"uired fees.
$b%Aacult# Members currentl# teaching mechanical engineering professional sub+ects in universities, colleges, institutes or schools
shall not be allowed to continue teaching after five $.% #ears from the approval of this Act, unless the# are or have become
4rofessional Mechanical *ngineers or at least 5egistered Mechanical *ngineers with a Master<s degree in Mechanical *ngineering
from dul# recognized and accredited universities, colleges, institutes or schools.
$c%The present 3oard shall continue to function in the interim until such time as the new 3oard shall be constituted.
*ection 48. Effecti$ity Clase. This Act shall take effect fifteen $&.% da#s following its publication in the 2fficial :azette or a ma+or
dail# newspaper of general circulation in the 4hilippines, whichever is earlier.
pproved: February 1! 1998