REPUBLIC OF THE PHILIPPINES

CONGRESS OF THE PHILIPPINES

METRO MANILA

TENTH CONGRESS

THIRD REGULAR SESSION

Republic Act No. 8495 February 12, 1998

AN ACT REGULATING THE PRACTICE OF MECHANICAL ENGINEERING IN THE

PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

ARTICLE I

TITLE, STATEMENT OF POLICY AND DEFINITION OF TERMS

Section 1. Title. – This Act stall 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.

Section 3. 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:

(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;

(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 dumb-waters, 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 stem plants, geothermal

plants, dendro-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 drydocks, 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, project or plant-rated capacity in kilowatt of mechanical works,

projects or plants for the purpose of this Act shall be the total kilowatt rating 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.

 ARTICLE II

BOARD OF MECHANICAL ENGINEERING

Sec. 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) recommendees 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 nominees 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 effectivity

of this Act.

Section 5. Qualification of Members of the Board. – A member of the Board shall, at

the time of his appointment, possess the following qualifications:

(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;

(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.

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 reappointed for another three

(3) year 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 unexpired portion of the term vacated without prejudice to

serve for a maximum of two (2) full terms. 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 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 with

the Commission and as may be provided for in the General Appropriations Act.
 Section 8. Supervision of the Board, Custodian of it Records, Secretariat and Support

Services. – The Board shall be under the general supervision of the Commission. All records of

the Board, including application 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. – The Board shall exercise the following

specific powers, functions, duties and responsibilities:

(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;

(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 duces tecum to secure the appearance of witnesses and the

production of documents in connection therewith;

(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. Qualification of Applicants for Professional Mechanical Engineer. – Any

applicant to the Professional mechanical engineering examination must, at the time of filing of his

application, establish to the satisfaction of the Board that:

(a) He is a citizen of the Philippines;

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

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

holder of a valid professional license;

(d) He has graduated from an engineering school or college of recognized standing, after

completing an approved course in mechanical engineering;

(e) He has specific record of a total of four (4) years or more of active mechanical engineering

practice, reckoned from time he is registered a mechanical engineering practice; and

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

engineers.

Section 15. Qualifications of Applicants for Mechanical Engineer. – Any person

applying for examination and for a Certificate of Registration as Mechanical Engineer shall, prior

to admission to the examinations, establish to the satisfaction of the Board that:

(a) He is a citizen of the Philippines;

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

(c) He holds the degree of Bachelor of Science in Mechanical Engineering from a university,

school, college, academy, or institute duly constituted and recognized as such by the

government.

Section 16. Qualifications of Applicants for Certified Plant Mechanic. – Any person

applying for examination for certificate of registration as Certified Plant Mechanic shall establish

to the satisfaction of the Board that:

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

(b) He has graduated from a vocational or trade school duly recognized by the government

after completing an approved course of not less than two (2) years in stationary or power

plant engineering or any mechanical plant operation; and

(c) He has specific record of an additional one (1) year or more of active practice in mechanical

plant operation of such character as indicated in an affidavit of a registered professional

mechanical engineer and, likewise establish to the satisfaction of the Board, that the

applicant is competent to undertake the operation, tending and maintenance of mechanical

works, projects or plant of not less than one hundred (100) kilowatts.
 Section 17. Scope of Examination. – The scope of examination and the methods of

procedure shall be prescribed by the Board with special reference to the applicant's ability to

perform the type of engineering work pertaining to the particular category he is to be registered in.

(a) Professional Mechanical Engineer – The granting of professional mechanical engineer

Certificate of Registration shall be testimonial in nature which shall include the submission

of an enumeration of the applicant's experience including the presentation of an engineering

report/technical paper pertinent to his line of experience attested to by two (2) or more

professional mechanical engineers in an affidavit for this purpose;

(b) Mechanical Engineer – The applicant shall pass a written examination on different subjects

or group of subjects prescribed by the Board, and within the syllabi prepared by the Board

with emphasis on power plant and industrial plant engineering, mathematics, engineering

economics, economic analysis, laws and ethics and machine design.

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

1. Machine Design, Materials & Shop Practice

2. Industrial & Power Plant Engineering

3. Mathematics Engineering Economics and basic engineering sciences

(c) Certified Plant Mechanic – The examination for Certified Plant Mechanic may be written

or oral on subject matters based on the following submitted statement of experience:

1. Elements of Power Plant Machinery

2. Elements of Industrial Plant Machinery; and

3. Shop Machinery 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 mechanical must obtain an average of seventy

percent (70%) on all subjects, with no rating below fifty percent (50%) in any of the subjects.

Section 19. Report of Ratings. – The Board should submit to the Commission, the ratings

obtained by each candidate within fifteen (15) days after the examinations, unless extended for

just cause.

Section 20. Re-examination. – An applicant who fails to pass the examination for the third

time shall be allowed to take another examination only after the lapse of one year.

Section 21. Oath. – All successful candidates in the examination shall be required to take

an oath of profession before the Board or any government official authorized to administer oaths,

prior to entering upon the practice of the mechanical engineering.

Section 22. Issuance of Certificates of Registration and Professional License. – Upon

payment of the registration fee as established by the Commission, the Board shall issue a certificate

of registration to any applicant who has met all the requirements specified in this Act for the

particular category he is registering in.

All certificates of registration shall indicate the full name of the registrants, signed by all

the members of the Board and the Commission and affixed with the official seal of the

Commission. The issuance of a certificate of registration by the Board to a registrant is evidence

that the person named therein is entitled to all the privileges of a registered and licensed
professional mechanical engineer, mechanical engineer or certified plant mechanic, as the case

may be, for as long as said certificate remains valid.

A professional license bearing the registration number, date of issuance, expiry date and

duly signed by the chairman of the Board, shall likewise be issued to every registrant, provided

that professional fees have been paid. No person shall practice mechanical engineering in this

country unless such person shall have secured a license to practice Mechanical Engineering in the

manner herein provided. A licensee is entitled to practice the profession with all the privileges

appurtenant thereto until the expiration of the validity of his license.

Subject to the approval of the Commission, certificates of specialty shall be issued by the

Board, subject to the approval of the Commission to Professional Mechanical Engineers who have

been screened and recommended by accredited mechanical engineers association. These are for

specific fields in which the applicants have specialized knowledge, training and experience and

have documented their competence and expertise. The Board, shall subject to the approval of the

Commission, and after consultation with said association concerned, prescribe and issue the

necessary guidelines for the issuance of these certificates.

Section 23. Integration and Accreditation of Mechanical Engineers. – An integrated

organization of mechanical engineers shall be created and accredited by the Board of Mechanical

Engineering and the Professional Regulation Commission. All persons whose names now appear

in the roll of professional mechanical engineers, mechanical engineers, and certified plant

mechanics under the custody of the Board and the Commission, or those who may hereafter be

included therein upon registration and payment of the required fees shall automatically become

members of the integrated and accredited organization of mechanical engineers. The integration

of the mechanical engineering profession shall not be a bar to the formation of voluntary
organization of mechanical engineers which may coexist with the integrated and accredited

organization of mechanical engineers. The Board, subject to the approval by the Commission and

after consultation with the existing accredited organization of mechanical and other affiliated

organization of mechanical engineers and, if possible with the substantial number of the

mechanical engineers who are non-organization members, shall provide the guidelines and

mechanisms for the establishment and creation continued supervision of the integrated and

accredited organization of mechanical engineers. The registered and licensed engineers and

certified plant mechanics shall receive the benefits and privileges appurtenant to their membership

in duly integrated and accredited mechanical engineering association only upon payment of the

required fees and dues.

Section 24. Seal of a Professional Mechanical Engineer. – A professional mechanical

engineer shall, upon registration, obtain a seal of such design prescribed by the Board, bearing the

registrant's name, the certificate number and the legend "Professional Mechanical Engineer."

Designs, plans, specifications, project feasibility studies, appraisals, recommendations, technical

reports, proposals, and other professional documents involving mechanical equipment, works,

projects or plants shall be stamped on every sheet with said seal of the registrant when filed with

government authorities or when submitted or used professionally: Provided, That it shall be

submitted or used professionally: Provided, that it shall be unlawful for any one to stamp or seal

any document with the said seal after the certificate shall have been revoked or cancelled.

Section 25. Non-issuance of Certificate for Certain Grounds. – The Board shall not

issue a certificate of registration to any person convicted by court of competent jurisdiction of any

crime involving moral turpitude, or immoral or dishonorable conduct or any person of unsound

mind declared by a court of competent jurisdiction, furnishing the party concerned a written
statement containing the reasons for such action, which statement shall be incorporated in the

records of the Board.

Section 26. Revocation and Suspension of Certificate. – The Board shall have the power,

upon proper notice and hearing, to suspend or revoke any certificate of registration of any registrant

for any cause specified in the preceding section, or for the use in whatever way of any fraud or

deceit in obtaining a certificate of registration, or for gross negligence or incompetence or for

unprofessional or dishonorable conduct and for violation of the code of ethics for mechanical

engineers and certified plant mechanics: Provided, That the action of the Board shall be subject to

appeal to the Commission within fifteen (15) days from notice, whose decision on the matter shall

be final.

Section 27. Grounds for Suspension and Revocation of Licenses, Cancellation of

Temporary/Special Permit. – The Board shall have the power, upon due notice and hearing, to

revoke or suspend the license of mechanical engineers, or to cancel a temporary/special permit for

any cause specified in the preceding sections, including but not limited to: the use or perpetuation

of any fraud or deceit in obtaining a certificate of registration, or for competence, negligence, or

for abatement of the illegal practice of mechanical engineering, violation of the provisions of this

Act, its implementing Rules and Regulations and/or violations of Policies of the Board including

the Code of Ethics for Mechanical Engineering: Provided, however, That such action of the Board

shall be subject to appeal without prejudice to the right of the aggrieved party to apply with the

proper Regional Trial Court for appropriate relief.

Section 28. Reinstatement and Replacement of the Certificates. – The Board, upon

application and for reasons of equity and justice, may reinstate the validity of a revoked certificate

of registration and professional license, upon payment of the required fees, at least two (2) years
after revocation. A new certificate of registration to replace any certificate lost, destroyed or

mutilated may be issued, subject to the rules of the Board, and upon payment of the required fee.

Section 29. Renewal of License. – The professional license shall serve as evidence that

the licensee can lawfully practice his profession until the expiration of its validity. However,

renewal of license can only be done upon payment of renewal fee corresponding to three (3)

consecutive years.

Section 30. Vested Rights: Automatic Registration of Practicing Mechanical

Engineers. – All practicing Mechanical Engineer who are registered at the time this Act takes

effect, shall automatically be registered.

Section 31. Coverage of Temporary/Special Permits. – The following shall be required

to secure a Temporary/Special Permit from the Board subject to the approval by the Commission.

(a) Mechanical engineers, installation, commission or guarantee engineers from other

countries called in for consultation or for a specific design or installation, project not

requiring more than three (3) months residence in the Philippines in a twelve (12) month

period: Provided, That such engineers are legally qualified to practice mechanical

engineering in their own country or state in which the requirements and qualifications for

obtaining a certificate of registration are at least equal to or more than those specified in

this Act as certified by the Board;

(b) Foreigners employed as technical officers, training officers or consultants in such special

branches of mechanical engineering who, in the judgment of the Board, are necessary and

advantageous for the country particularly in the aspects of technology transfer, may be

issued temporary permits: Provided, That such engagements have satisfied conditions, as

may be deemed necessary as follows:

 1) Non-availability of a mechanical engineer and/or mechanic in the country who is

competent, able and willing at the time of engagement to perform the service for which the

foreigner is desired for;

2) The foreigner must have been in the prior employ of the engaging firm, or its foreign

business partner, outside of the Philippines for a period of not less than one (1) year

immediately preceding the date of his engagement;

3) Any particular or specific engagement shall not be in excess of six (6) months but may be

renewed once, if necessary except when such engagement is for a newly established firm

in which case the period of engagement may be for a longer term but not to exceed a total

term of two (2) years.

Section 32. Indication of License and Professional Tax Receipt. – The Mechanical

Engineer shall be required to indicate his Professional License number, the duration of validity,

including the professional tax receipt number on the documents he signs, uses or issues in

connection with practice of his profession.

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 Master's degree, or Doctorate 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,

supply or distribution of any mechanical works, project or plant either for himself or for

other, 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.

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.

 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 more

mechanical engineer or one (1) professional mechanic 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 mechanical, or one (1) mechanical engineer, or one (1) professional

mechanical engineer in-charge of each and every additional shift.

b) 300 kw or over, but not more than 2000 kw: one (1) mechanical engineer or one (1)

professional 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 individual's 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 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 master's degree holder, a holder of professional mechanical engineer license

shall be eligible for the position. Likewise, where a position requires 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.

ARTICLE V

PENAL AND CONCLUDING PROVISIONS

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 43. Implementing Rules and Regulations. – The Board shall formulate and issue

the implementing rules and regulations to carry out the provisions of this Act.

Section 44. Funding Provisions. – Such sums may be necessary to carry out provisions of this Act

shall be included in the General Appropriations Act of the year following its enactment into law

and thereafter.

Section 45. Separability Clause. – If any section or portion of this Act shall be declared

unconstitutional or invalid, the same shall not invalidate all other sections or portions not affected

thereby.

Section 46. Repealing Clause. – Commonwealth Act No. 294, as amended by Republic

Act No. 5336, is hereby 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 hereby repealed or modified accordingly.

 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 Master's 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.

Section 48. Effectivity Clause. – This Act shall take effect fifteen (15) days following its

publication in the Official Gazette or a major daily newspaper of general circulation in the

Philippines, whichever is earlier.