CHEMICAL ENGINEERING LAW OF 2004

Case Overview and Summary

Title: Chemical Engineering Law of 2004

Statement of Policy (Section 2): The State aims to supervise and regulate the practice of chemical engineering, upgrade chemical engineering education, and reserve the practice to Filipino citizens.

Definitions (Section 3):
- Practice of chemical engineering: Rendering professional chemical engineering service for a fee or compensation.
- Industrial plant: Any plant involving unit processes and operations, including pollution control processes.
- Unit process: Chemical change involved in manufacturing products or treating wastes.
- Unit operation: Physical operation to conduct or control an industrial process step, such as storage, heat transfer, mass transfer, separation, etc.
- Professional chemical engineering subjects: Topics like thermodynamics, calculations, principles, processes, transfer operations, equipment design, etc.
- Chemical engineer: A registered person with a valid certificate and ID card.

Scope of Practice (Section 4): Professional chemical engineering services include consultation, investigation, estimation, planning, feasibility studies, designing, specification preparation, installation supervision, operation (excluding chemical analysis), and teaching chemical engineering subjects.

Board of Chemical Engineering (Sections 5-12):
- Composition: Chairman and two members appointed by the President.
- Powers and duties: Supervise the profession, evaluate applicants, conduct licensure exams, issue certificates and permits, enforce compliance, inspect facilities, adopt rules and ethics codes, investigate cases, prosecute violators, and perform other necessary functions.
- Qualifications: Filipino citizen, chemical engineering degree, registered and practicing for 10+ years, member of accredited organization, no conflict of interest.
- Term: 3 years, renewable.
- Removal: For neglect, incompetence, irregularities, malpractice, or unethical conduct.
- Compensation: As prescribed by the Commission.
- Annual report to the Commission.

Licensure Examination and Registration (Sections 13-24):
- Examination requirement for registration.
- Examination held twice a year, covering physical/chemical principles, general engineering, and chemical engineering (at least 40% weight).
- Qualifications: Filipino citizen, good moral character, chemical engineering degree, no conviction of moral turpitude.
- Examination fees as prescribed.
- Issuance of certificate and ID card to passers (at least 70% overall and 50% per subject).
- Use of seal on professional documents.
- Registration fees as prescribed.
- Exemptions for foreign experts for specific projects or as professors.
- Grounds for suspension or revocation: Misrepresentation, acts against the profession, immorality.
- Reissuance of revoked certificates or replacement of lost ones.

Practice of Chemical Engineering (Sections 25-33):
- Automatic registration of existing chemical engineers.
- Only registered individuals can practice; firms cannot be registered but can use titles.
- Prohibitions: Practicing without registration, using another's certificate or seal, providing false information.
- Roster of registered chemical engineers maintained by the Commission.
- Designs and specifications for government approval must be signed by a registered chemical engineer.
- Foreign reciprocity based on treatment of Filipino chemical engineers in their country.
- Act does not affect other professions.
- Indication of license number, ID card details, and tax receipt on documents.
- Membership in the integrated and accredited national organization of chemical engineers.

General Provisions (Sections 34-39):
- Penal clause: Fine of ₱10,000 to ₱1,000,000 and/or imprisonment of 6 months to 5 years for violations.
- Enforcement assistance from the Commission and government authorities.
- Implementing rules and regulations, including Code of Ethics and Technical Standards, to be adopted by the Board and approved by the Commission.
- Separability clause.
- Repealing clause for Republic Act No. 318 and inconsistent laws.
- Effectivity 15 days after publication in the Official Gazette or a major newspaper.