Regulating The Practice Of Aeronautical Engineering In The Philippines

Case Overview and Summary

Summary of Presidential Decree No. 1570

Regulating the Practice of Aeronautical Engineering in the Philippines

- Objectives (Section 2):
• Standardization and regulation of aeronautical engineering.
• Examination for registration of aeronautical engineers.
• Supervision, control, and regulation of the practice of aeronautical engineering in the Philippines.

- Board of Aeronautical Engineering (Sections 3-6):
• Created under the Professional Regulation Commission, composed of a Chairman and two members appointed by the President. (Section 3)
• Qualifications of Board members specified, including being a registered aeronautical engineer, active practice or teaching for at least 10 years, and other criteria. (Section 4)
• Term of office is 3 years, with provisions for staggered terms and term limits. (Section 5)
• Grounds for removal of Board members, such as neglect of duty or unethical conduct. (Section 6)

- Powers and Duties of the Board (Section 7):
• Administer oaths, issue/suspend/revoke certificates of registration, study conditions affecting the profession, coordinate with the Commission on curriculum, determine requirements for universities offering aeronautical engineering courses, recommend measures for advancement of the profession, adopt and enforce a Code of Ethics, promulgate rules and regulations.

- Procedure for Investigation of Violations (Section 8):
• The Board shall investigate violations, issue subpoenas, hold persons in contempt, and make decisions en banc.

- Compensation of Board Members (Section 9):
• Board members shall receive compensation of at least ₱15 per examinee and ₱10 per certificate issued to temporary registrants, paid from fees collected.

- Conduct of Examinations and Schedule of Fees (Sections 10-11):
• The Commission and Board shall jointly conduct written examinations.
• Fees specified for application (₱100), certificate issuance (₱50 for examinees, ₱250 for temporary registrants), registration without examination (₱150), special permit (₱30), reinstatement/replacement (₱25).

- Qualifications for Examinations (Section 14):
• At least 21 years old, good moral character, Bachelor's degree in Aeronautical Engineering from a recognized institution, not convicted of a crime involving moral turpitude.

- Examinations (Sections 15-18):
• Written examinations held once a year, covering subjects like Mathematics, Aerodynamics, Aircraft Structures and Design, Powerplant Theory and Practice, Air Laws and Regulations.
• Passing average of 75% overall with no subject below 50%.
• Ratings reported to the Commission within 90 days.

- Registration (Sections 19-21):
• Successful examinees issued a certificate of registration upon payment of fee.
• Provisions for registration without examination for first Board members and applicants with at least 5 years of active practice.
• Temporary registration and special permits for foreign aeronautical engineers for specific projects or employment.

- Refusal, Suspension, and Revocation of Certificate (Sections 22-24):
• The Board may refuse to issue a certificate for reasons such as conviction of a crime involving moral turpitude or unethical conduct.
• The Board may suspend or revoke a certificate for grounds like malpractice, incompetence, fraud in obtaining the certificate, or refusal to join the accredited professional organization.
• Provisions for reinstatement or replacement of a revoked or suspended certificate after 2 years.

- Use of Seal and Posting of Certificates (Sections 25-26):
• Aeronautical engineers shall obtain an official seal bearing their name and registration number, to be affixed on professional documents.
• Unlawful to affix seal after certificate expiration, revocation, or suspension.
• Employers shall post certificates of employed aeronautical engineers.

- Practice of Aeronautical Engineering Defined (Section 27):
• Holding oneself out as skilled in aeronautical engineering and qualified to render professional services, or offering services related to planning, designing, analyzing, constructing, assembling, installing, altering, or maintaining aircraft structures, power plants, or accessories.
• Includes teaching aeronautical engineering at recognized institutions.
• Includes decision-making roles in private enterprises, educational institutions, or government positions requiring an aeronautical engineering degree or eligibility.

- Unlawful Practice (Section 28):
• Practicing or offering to practice aeronautical engineering without a valid certificate of registration.
• Using the title "Aeronautical Engineer" or advertising as qualified to perform aeronautical engineering work without being registered.
• For firms or corporations to engage in aeronautical engineering work without the supervision or guidance of a registered aeronautical engineer.

- Definitions (Section 29):
• Defines "Commission", "Board", "Aircraft", and "Aeronautical Engineer".

- Enforcement and Roster (Sections 30-31):
• Law enforcement officers shall enforce the provisions of the Decree and prosecute violators.
• The Commission shall prepare an annual roster of registered aeronautical engineers.

- Integration of Profession (Section 32):
• The Commission shall adopt rules to integrate the aeronautical engineering profession to raise standards and enable it to discharge public responsibilities more effectively.

- Penalties for Violations (Section 33):
• Imprisonment of 6 months to 6 years and/or a fine of ₱2,000 to ₱6,000 for various violations, such as practicing without a certificate, fraud in obtaining a certificate, unlawful use of the title "Aeronautical Engineer", and other offenses specified.

- Separability Clause and Repealing Clause (Sections 34-35)

- Effectivity (Section 36):
• The Decree shall take effect immediately.