CHEMICAL ENGINEERING

CODE OF ETHICS

Section 1.

The chemical engineer shall be guided in all his relations by the highest standards of honor and
integrity and shall act with fairness and impartiality to all.

Section 2.

The chemical engineer shall uphold at all times the dignity of the chemical engineering
profession and shall protect it from misrepresentation.

Section 3.

The chemical engineer shall avoid being associated with any enterprise which is
of questionable character or is contrary to law or public welfare.

Section 4.

The chemical engineer shall express a professional opinion only when he is adequately informed
of the facts related there to and the purposes for which the opinion is asked.

Section 5.

The chemical engineer shall not issue statements, criticism or arguments on matters of public
concern which are inspired or paid for by private interests, unless he indicates in whose behalf he is
making the statement.

Section 6.

The chemical engineer shall not indulge in self-laudatory advertisement nor make
exaggerated, untrue, or misleading statements in media or any public forum.

Section 7.

The chemical engineer shall be mindful of the safety and convenience of the public at all times
and shall make every effort to remedy or bring to the attention of his client or employer any dangerous
defect in equipment or structures or dangerous conditions of operation which come to his knowledge.

Section 8.

The chemical engineer shall consider it his professional obligation to protect the interest
of his client, employer or any person of responsibility and he shall act accordingly as long as it does not
conflict with law, public policy, and welfare.

Section 9.

The chemical engineer shall make known to his client or employer all his other professional
obligations, financial interests, or other considerations which might restrict or interfere with his meeting
the legitimate expectations of his client or employer before undertaking an engagement.

Section 10.
 The chemical engineer shall not accept compensation, financial or otherwise form more than
one client or employer who is in the same line of business or has conflicting interest with the others,
without the consent of all parties; he shall not accept compensation directly or indirectly from
parties dealing with his client or employer except with the consent of his client or employer.

Section 11.

The chemical engineer shall present clearly the consequences or risk that will arise if his
professional judgment or work, for which he is responsible, is overruled.

Section 12.

The chemical engineer shall not hesitate to engage, or advise his client or employer to engage
the services of other experts or specialists on problems on which his information or experience is
inadequate.

Section 13

The chemical engineer shall regard as the property of his client or employer any plan, design, or
other record which results from the use of information which is not common knowledge or public
property, but which information is obtained from his client or employer.

Section 14.

The chemical engineer shall exchange general information and experience with his fellow
chemical engineers, contribute to the work of engineering societies and schools, and cooperate in such
other endeavors as will enhance the effectiveness of the chemical engineering profession.

Section 15.

The chemical engineer shall encourage and provide opportunity for the professional
development or advancement of chemical engineers in his employ.

Section 16.

The chemical engineer shall recognize the view that inadequate compensation for
professional services tend towards inferior and unreliable work and shall not accept compensation
beneath the generally accepted level of professional fee.

Section 17.

The chemical engineer shall not compete with another engineer unfairly, such as reducing
his usual professional charges for work after having been informed of the charges asked by others.

Section 18 .

The chemical engineer shall not injure or attempt to injure falsely or maliciously, directly
or indirectly, the professional reputation, competence, capability, prospects, or practice of another
professional.

Section 19.
 The chemical engineer shall endeavor at all times to give credit to those to whom credit is
properly due.

Section 20.

The chemical engineer shall not review the work of another chemical engineer for the same
client or employer without the prior knowledge and consent of such engineer when the client or
employer relation of such chemical engineer has already been terminated, prior notice is sufficient.

Section 21.

The chemical engineer shall report any infraction of any rules of professional conduct to the
Philippine Institute of Chemical Engineers (PICHE) for proper appraisal and shall be ready to
testify, if necessary.

Section 22.

This Code shall take effect after fifteen (15) days following its publication in the Official Gazette.

CHEMICAL ENGINEERING
LAWS

ARTICLE I
TITLE, STATEMENT OF POLICY, DEFINITION OF TERMS AND SCOPE OF PRACTICE

SECTION 1. Title

This Act shall be known as Chemical Engineering Law of 2004.

SEC. 2. Statement of Policy

It is hereby declared the policy of the State to supervise and regulate the practice of
chemical engineering vital to national development, upgrade chemical engineering education in order to
ensure that our chemical engineers are at par with the best in the world, and to reserve the practice of
such profession to Filipino citizens.

SEC. 3. Definition of Terms

Practice of chemical engineering shall mean the rendering or offering of professional

chemical engineering service for a fee, salary, reward or compensation, paid to him or through another
person, or even without such reward or compensation. The term shall be synonymous with the term
"rendering chemical engineering service.

a. Industrial plant shall mean any plant in which a unit process and/or operations are involved, including
the related pollution control and abatement processes or operations.

b. Unit process shall mean the chemical change which is involved in the manufacture of industrial or
consumer products or the treatment of industrial or chemical wastes.

e. Chemical engineer shall mean a person duly registered and a holder of a valid Certificate of
Registration and Professional Identification Card issued by the Board of Chemical Engineering and the
Professional Regulation Commission.
 SEC. 4. Scope of Practice

Professional chemical engineering service shall embrace the following similar services in
relation to industrial plants:

1. Consultation requiring chemical engineering knowledge, skill and proficiency;

2. Investigation;

3. Estimation and/or valuation;

4. Planning;

5. Preparation of feasibility studies;

6. Designing;

7. Preparation of specifications;

8. Supervision of installation;

9. Operation, including quality management; but excluding chemical analysis and operation of the
chemical laboratory; and

The teaching, lecturing and reviewing of professional chemical engineering subjects in

the curriculum of the Bachelor of Science in Chemical Engineering degree or a subject in the Chemical
Engineering licensure examination given in any school, college, university or any other educational
institution shall be considered a professional chemical engineering service.

ARTICLE II
CREATION OF THE PROFESSIONAL REGULATORY BOARD FOR CHEMICAL ENGINEERS

SEC. 5. Composition of the Board

There shall be created a Board of Chemical Engineering, hereinafter referred to as the

Board, under the administrative control and supervision of the Professional Regulation Commission,
hereinafter called Commission, composed of a Chairman and two (2) members to be appointed by the
President of the Philippines from among those recommended by the Commission from the nominees of
the duly integrated and accredited national organization of chemical engineers.

SEC. 6. Powers and Duties of the Board

The Board shall have the following powers and duties.

a. Supervise and regulate the practice of the chemical engineering profession;

b. Determine and evaluate the qualifications of the applicants for registration;

c. Prescribe the subjects in the licensure examination; determine the syllabi of the subjects their relative
weights; construct the test questions in the examination; score and rate the examination papers; and
submit the examination results to the Commission;
d. Issue together with Commission, Certificates of Registration and Professional Identification Card to
applicants who have passed the licensure examinations for registered chemical engineers;

e. Issue special permits to persons admitted to the practice of the profession and Certificate of
Recognition for advance studies and researches and accomplishments in the profession that contribute
to its enrichment;

f. Inquire into the conditions affecting the practice of the profession and adopt measures for the
enhancement and maintenance of a high professional, ethical and technical standard. Pursuant thereto,
the Board may inspect establishments where chemical engineers practice their profession, such as
factories, plants, offices and the like in order to determine and enforce compliance with the provisions
of this Act and issue Certificates of Compliance;

g. In coordination with the Commission on Higher Education (CHED), inspect the facilities, faculty,
equipment and other aspects directly related to the chemical engineering program of educational
institutions;

h. Adopt rules and regulations for the practice of chemical engineering;

i. Adopt a Code of Ethics and a Code of Technical Standards for the practice of chemical engineering;

j. Investigate, in accordance with the rules on administrative investigation promulgated by the

Commission,

k. Issue subpoena and subpoena duces tecum to secure the attendance of witnesses or the production
of documents in connection with any administrative case before the Board;

l. Hear and decide administrative cases filed against chemical engineers and firms employing chemical
engineers. The hearing shall be presided by the Chairman or a Member of the Board with the assistance
of an Attorney of the Commission. Any decision shall be concurred in by at least a majority of the Board.
Decisions of the Boar may be appealed to the Commission within fifteen (15) days from notice,
otherwise such decisions shall become final and executory;

m. Administer oaths in connection with the performance of its functions;

n. Adopt an official seal and prescribe the seal of the chemical engineering profession;

o. Submit an annual report on the proceedings and accomplishments during the year and/or
recommendations of the Board to the Commission thirty (30) days after the close of each calendar year;

p. Prosecute or institute criminal action against any violator of this Act and/or rules and regulations of
the Board;

q. Prescribe guidelines and criteria on the Continuing Professional Education (CPE) program for chemical
engineers in consultation with the integrated and accredited chemical engineering organizations; and

r. Perform such other functions as may be necessary in order to implement the provisions of this Act.

SEC. 7. Qualifications of the Board Chairman and Members

The Chairman and Members of the Board must, at the time of the appointment shall be;
a. A natural-born Filipino citizen and resident of the Philippines;

b. At least a holder of a bachelors degree in chemical engineering or its equivalent, asconferred by an

engineering school of good standing, recognized and accredited by the Government;

c. A registered chemical engineer who has been in active practice for at least ten (10) years;

d. A member of good standing of the integrated and duly accredited national chemical engineering
profession; and

e. A person who does not have any pecuniary interest, directly or indirectly in any university, college,
school or institution conferring an academic degree necessary for admission to the practice of chemical
engineering or where review classes in preparation for the licensure examination are being offered or
conducted; nor shall he be a member of the faculty or of the administration thereof at the time of his
appointment to the Board.

SEC. 8. Term of Office

The Chairman and the Members of the Board shall have a term of three (3) years only,
with reappointment. Vacancies shall be filled for the unexpired term only. The Chairman and Members
shall qualify by taking the proper oath prior to assumption of office. The incumbent Chairman and
Members shall be allowed to serve for the remainder of their term until a new composition of the Board
shall have been constituted.

SEC. 9. Secretary of the Board

The Board shall have a Secretary, appointed by the Commission, who shall record the
minutes of its meetings and perform such other functions as the Board may require. The Commission
shall provide for compensation of the Secretary.

SEC. 10. Removal/Suspension of the Chairman and Members

The Chairman or any Member of the Board may be suspended or removed by the
Commission for neglect of duty, incompetence, commission or tolerance of irregularities in the licensure
examination, malpractice or unprofessional or unethical conduct, after due notice and hearing where his
right to be heard, to defend himself and to be assisted by counsel shall be respected.

SEC. 11. Compensation of the Board

The Chairman and Members of the Board shall receive such compensation or
honorarium as may be prescribed by the rules and regulations of the Commission.

SEC. 12. Annual Report

The Secretary shall prepare an annual report for the consideration and approval of the
Board. The Board shall submit an annual report to the Commission after the close of each fiscal year
giving a detailed account of the proceedings of the Board during the year and embodying such
recommendations to the Commission as the Board may desire to make.

ARTICLE III
LICENSURE EXAMINATION AND REGISTRATION
 SEC. 13. Examination Requirement

All applicants for registration for the practice of chemical engineering shall be required
to pass the licensure examination prescribed herein.

SEC. 14. Holding of Examination

Examination of candidates desiring to practice chemical engineering shall be given twice

each calendar year on the dates and venues prescribed by the Commission. Such examination shall be
conducted by the Board.

SEC. 15. Scope of Examination

The licensure examination shall cover, but shall not be limited to, the following subjects:
Physical and Chemical Principles; General Engineering; and Chemical Engineering: Provided, That the
relative weight of Chemical Engineering is not less than forty per centum (40%).

SEC. 16. Qualifications for Examinations

Any person applying for admission to the chemical engineering examination must have
the following qualifications:

(a) That he/she is a citizen of the Philippines;

(b) That he/she is of good moral character;

(c) That he/she is a graduate of a school, institute, college or university recognized by the Government
and has been conferred the degree of Bachelor of Science in Chemical Engineering or its equivalent; and

(d) That he/she has not been convicted of an offense involving moral turpitude by a court of competent
jurisdiction.

SEC. 17. Examination Fees

Every applicant admitted to take the chemical engineering examination shall pay such
fees as may be prescribed by it before he or she is allowed to take the examination.

SEC. 18. Report of Rating

The Board shall complete the correction of examination papers within twenty (20) days
from the last day of the examination. The Commission shall report the rating of examinees not more
than thirty (30) days after the Board has completed the correction of examination papers.

SEC. 19. Issuance of Certificate of Registration and Professional Identification Card

The Commission, on recommendation of the Board, enter in the Roster of Chemical

Engineers, and issue a Certificate of Registration and Professional Identification Card to each person
who obtained a general average of no less than seventy per centum (70%) and a rating of no less than
fifty per centum (50%) in any examination subject. Every Certificate of Registration shall state the full
name of the registrant and his registrant and his registration number, and shall be signed by the
Chairman and Members of the Board and the Commissioner of the Commission and authenticated by
the official seal of the Commission indicating that the person named therein is entitled to the practice of
the profession with all the privileges appurtenant thereto. The said certificate of registration shall
remain in full force and effect until suspended or revoked in accordance with this Act.

A professional identification card bearing the signature, number, date of issuance,

expiry date, duly signed by the Chairman of the Commission shall likewise be issued to every registrant
who has paid the prescribed fee.

SEC. 20. Seal of Registered Chemical Engineer

Each chemical engineer shall, upon registration, obtain a seal as prescribed by the Board
bearing the registrants name, registration number and the legend "Registered Chemical Engineer."
Plans, specifications, reports and other professional documents prepared by or executed under the
supervision of and issued by the registrant shall be stamped on every sheet with said seal when filed
with Government authorities or when submitted or used professionally.

SEC. 21. Fees for Registration

Every person issued a Certification of Registration as a registered chemical engineer

shall pay to the Commission such fees as the Commission may prescribe.

SEC. 22. Exemptions from Registration

Registration shall not be required of the following persons upon proper application for
exemption with the Board:

a. Foreign chemical engineers, recognized as experts in their specific fields of chemical engineering,
called in by the Republic of the Philippines for consultation or for a specific design, installation or
project: Provide, That their practice shall be confined to such work; and

b. Foreign chemical engineers, who have distinguished themselves in their respective fields of
specialization, contracted as professors or lecturers on chemical engineering subjects by Philippine
schools, or colleges, institutes or universities on a direct hire or exchange basis, subject to verification of
credentials by the Board.

SEC. 23. Suspension or Revocation of Certificate of Registration and Certificate of compliance

Any of the following shall be sufficient ground for the suspension or revocation of a
Certificate of Registration:

a. Any act of misrepresentation in connection with an alleged performance of chemical engineering

devices;

b. Acts inimical to the chemical engineering profession; and

c. Gross immorality or commission of any act involving moral turpitude.

Certificates of compliance may be suspended or revoked for noncompliance with the

provisions of this Act. Complaints against registered chemical engineers and firms employing chemical
engineers may be filed by any person or by the Board motu propio. Complaints shall be in writing and
sworn to by the persons executing them. Complaints shall be filed with the Secretary of the Board.
 SEC. 24. Reissuance of Revoked Certificate of Registration or Certificate of Compliance and
Replacement of Lost Certificates

The Board may, for reasons it may deem sufficient and upon proper petition, reissue
revoked Certificates of Registration or Certificates of Compliance.

A new Certificate of Registration or Certificate of compliance may be issued to replace a

lost, destroyed or mutilated Certificate, subject to the rules and regulations of the Board, and upon
payment of the appropriate fees to the Commission.

ARTICLE lV
PRACTICE OF CHEMICAL ENGINEERING

Sec. 25 Vested Rights

Automatic Registration of Chemical Engineers. - All chemical engineers who are

registered at the time this Act takes effect shall automatically be registered.

SEC. 26. Who May Practice Chemical Engineering

Except as may be provided in this Act, only persons properly licensed and registered
may practice chemical engineering. No firm, partnership, corporation or association may be licensed and
registered as such for the practice of chemical engineering, but duly licensed and registered chemical
engineers may form partnerships among themselves or with other licensed and registered engineers
and architects and use the title "Chemical Engineers." "Engineers," or "Engineers and Architects" in their
partnership name.

SEC. 27. Prohibition in the Practice of Chemical Engineering

No person shall practice chemical engineering or render chemical engineering service

without a valid certificate of registration and a valid professional identification card. Any person who
shall commit the following acts shall be guilty of misdemeanor:

a. Practice chemical engineering or render chemical engineering services, or pass himself off or advertise
himself as a chemical engineer without a valid certificate of registration or when such has been
suspended or revoked;

b. Attempt to use a his own the certificate or seal of another person or impersonate any registered
chemical engineer; or

c. Furnish the Board or Commission any false information or document in order to secure a Certificate of
Registration.

SEC. 28. Roster of Chemical Engineers

The Commission shall keep a roster of all duly licensed and registered chemical
engineers, stating their names, registration numbers and places of business. The Commission shall
regularly update such roster and make it available to all interested parties.

SEC. 29. Submission of Designs and specifications for Government Approval

 Any proposal, design, specification, working drawings or plan for an industrial plant or
any part thereof submitted to any government agency, national or local, including government-owned
or controlled corporations, shall not be processed or approved, nor shall such plant be issued any
permit, license, franchise, authorization or certification unless such proposal, design, specification.
Working drawing or plan is signed by a registered chemical engineer, with this seal and registration,
number affixed thereto.

SEC. 30. Foreign Reciprocity

No foreign chemical engineer shall be granted any of the right or privilege under this Act
unless the country of which he is a subject or citizen grants the same or similar rights or privileges to
Filipino chemical engineers.

SEC. 31. Act Not Affecting Other Professions

This Act shall not be construed to affect or prevent the practice of any other lawfully
recognized profession.

SEC. 32. Indication of License Number and Privilege Tax Receipt Payment

The chemical engineer shall be required to indicate his Certificate of Registration,

Professional Identification Card number. Date of issuance and the duration of validity, including the
Privilege Tax Receipt (PTR) of the documents he signs, uses or issues in connection with the practice of
his profession.

SEC. 33. Membership in the Integrated and Accredited Professional Organization

There shall be an integrated national organization of chemical engineers duly accredited

by the Board and the Commission. A chemical engineer duly registered with the board shall
automatically become a member of the accredited organization, and shall receive the benefits
appurtenant thereto upon payment of the required fees and dues. Membership in the integrated and
accredited national organization shall not be a bar to membership in other associations of chemical
engineers.

ARTICLE V
GENERAL PROVISIONS

Sec. 34. Penal Clause

Any person who shall violate any of the provisions of this Act shall be guilty of
misdemeanor and shall, upon conviction, be sentenced to a fine of not less than Ten thousand pesos
(P10,000.00) nor more than One million pesos (P1,000,000.00) or imprisonment for a period of not less
than six (6) months nor more than five (5) years or both at the discretion of the court.

SEC. 35. Enforcement Assistance to the Board

The Board shall be assisted by the Commission in carrying out the provisions of this Act
and its implementing rules and regulations and other policies. The lawyers of the Commission shall act
as prosecutors against illegal practitioners and other violators of this Act and its rules. The duly
constituted authorities of the government shall likewise assist the Board and the Commission in
enforcing the provisions of this Act and its rules.

SEC. 36. Implementing Rules and Regulations

Subject to the approval of the Commission, the Board shall adopt and promulgate such
rules and regulations including the Code of Ethics and Code of Technical Standards for Chemical
Engineers to carry out the provisions of this Act, which shall be effective after thirty (30) days following
their publication in the Official Gazette or in a major newspaper of general circulation.

SEC. 37. Separability Clause

If any section of this Act shall be declared unconstitutional or invalid, such shall not
invalidate any other section of this Act.

SEC. 38. Repealing Clause

Republic Act No. 318 is hereby repealed and all other laws, decrees, orders, rules and
regulations, ordinances, and other issuances or parts thereof which are inconsistent with this Act are
hereby superceded, repealed or amended accordingly.

SEC. 39. Effectivity

This Act shall take effect fifteen (15) days following its publication in the Official Gazette
or in any major newspaper of general circulation.