PHILIPPINE MECHANICAL ENGINEERING ACT OF 1998

Case Overview and Summary

Summary of the Philippine Mechanical Engineering Act of 1998

Definitions 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.