PHILIPPINE MECHANICAL ENGINEERING ACT OF 1998
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PHILIPPINE MECHANICAL ENGINEERING ACT OF 1998
Republic Act No. 8495
February 12, 1998
Case Overview and Summary
Summary of the Philippine Mechanical Engineering Act of 1998Definitions and Coverage (Section 3)
- Defines the practice of mechanical engineering, mechanical equipment/machinery, mechanical processes/works/projects/plants, and capacity of plants.
- Covers consultation, design, installation, operation, maintenance, manufacture/sale/supply of mechanical equipment, teaching, and government employment related to mechanical engineering.
Board of Mechanical Engineering (Sections 4-11)
- Creates a Board of Mechanical Engineering with a Chairman and two members appointed by the President.
- Outlines qualifications, terms, compensation, supervision, powers, duties, and removal process for Board members.
- The Board shall promulgate rules, supervise registration/licensing, administer exams, issue certificates, enforce the Act, adopt a Code of Ethics, and submit annual reports.
Examination, Registration, and Licensing (Sections 12-32)
- Requires written technical examinations for registration in three categories: Professional Mechanical Engineer, Mechanical Engineer, and Certified Plant Mechanic.
- Specifies qualifications, scope of examination, and ratings required for each category.
- Outlines procedures for issuance, renewal, revocation, reinstatement, and replacement of certificates and licenses.
- Provides for automatic registration of practicing mechanical engineers at the time of the Act's effectivity.
- Requires temporary/special permits for foreign engineers working on specific projects not exceeding three months, and for foreign technical officers/consultants not exceeding six months (renewable once).
- Licensees must indicate their license number and professional tax receipt on documents.
Practice of the Profession (Sections 33-41)
- Prohibits unlicensed practice of mechanical engineering activities, teaching, construction/installation, operation/maintenance of plants based on capacity ratings.
- Requires minimum personnel (Professional Mechanical Engineers, Mechanical Engineers, or Certified Plant Mechanics) for plants based on capacity ratings and number of shifts.
- Requires plans, layouts, and specifications to be prepared and signed/sealed by a Professional Mechanical Engineer.
- Prohibits firms/corporations from practicing mechanical engineering, but allows registered engineers to form firms using the term "Mechanical Engineers".
- Requires posting of certificates at mechanical plants of 100 kW or more.
- Allows foreign reciprocity for mechanical engineers from countries that permit Filipino engineers to practice.
- Qualifies Professional Mechanical Engineers for positions requiring a master's degree, and master's/doctorate degree holders with a Mechanical Engineer license for positions requiring a Professional Mechanical Engineer license.
Penal and Concluding Provisions (Sections 42-48)
- Imposes fines of ₱50,000 to ₱200,000 and/or imprisonment of 6 months to 3 years for violations of the Act.
- Authorizes the Board to issue implementing rules and regulations.
- Provides for funding through the General Appropriations Act.
- Repeals Commonwealth Act No. 294 and Republic Act No. 5336, and other inconsistent laws.
- Includes transitory provisions for registration of existing mechanical plant engineers, teaching requirements for faculty members, and continuation of the current Board until the new Board is constituted.
- Sets the effectivity date 15 days after publication in the Official Gazette or a major newspaper.
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Law
PHILIPPINE MECHANICAL ENGINEERING ACT OF 1998
Republic Act No. 8495
•February 12, 1998
Republic of the Philippines
Congress of the Philippines
Metro Manila
Tenth Congress
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...
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