Rep. Act 8495

Cards (108)

  • Republic Act No. 8495 is An Act Regulating the Practice of Mechanical Engineering in the Philippines
  • Practice of Mechanical Engineering
    • Consultation, valuation, investigation and management services requiring mechanical engineering knowledge
    • Engineering design, preparation of plans, specifications and projects studies or estimates for mechanical equipment, machinery, or processes of any mechanical works, projects or plants
    • Management or supervision of the erection, installation, alteration, testing and commissioning of mechanical equipment, machinery, or processes in mechanical works, projects or plants
    • Management, supervision, operation, tending or maintenance of any mechanical equipment, machinery or processes in mechanical work, projects or plants
    • Management or supervision of the manufacture, sale, supply or distribution of mechanical equipment parts or components
    • Teaching of mechanical engineering professional subjects in government recognized and accredited engineering schools
    • 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
  • 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 dumbwaiters, 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
  • Mechanical processes, works, projects or plants
    Steam plants, geothermal plants, dander-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 dry docks, 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
  • Capacity of process works, projects or plant
    Rated capacity in kilowatt of mechanical works, projects or plants for the purpose of this Act shall be the total kilowatt ratings 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
  • Qualifications of Members of the Board
    • Natural born citizen and resident of the Philippines
    • At least thirty-five (35) years of age
    • 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)
    • 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
    • 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
    • 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
    • Has never been convicted of any offense involving moral turpitude
  • 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 re appointed for another three (3) years term. No member of the Board shall serve for more than two (2) regular terms.
  • 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 in the Commission and as may be provided for in the General Appropriations Act
  • Supervision of the Board, Custodian of its Records, Secretariat and Support Services
    The Board shall be under the general supervision of the Commission. All records of the Board, including applications 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.
  • Power and Duties of the Board
    • To promulgate and adopt the rules and regulations necessary for carrying out the provisions of this Act
    • To supervise the registration, licensure and practice of mechanical engineers in the Philippines
    • To administer oaths in connection with the successful examinees entering the practice of Mechanical Engineering
    • To issue the certificate of registration to successful examinees
    • 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
    • To adopt an official seal of the Board
    • 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
    • To prescribe and/or adopt a Code of Ethical and Professional Standards for the practice of the mechanical engineering profession
    • 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 duchess tecum to secure the appearance of witnesses and the production of documents in connection therewith
    • Prescribe guidelines in the Continuing Professional Education (CPE) program in coordination with accredited association of mechanical engineers
    • Prepare, adopt, issue or amend the syllabi of the subjects for examinations
    • Approve, issue, limit or revoke temporary license to practice mechanical engineering
    • 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
  • 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
  • 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
  • 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
  • Categories of Certificates of registration for the practice of mechanical engineering
    • Professional Mechanical Engineer
    • Mechanical Engineer
    • Certified Plant Mechanic
  • Qualifications of Applicants for Professional Mechanical Engineer
    • Citizen of the Philippines
    • Must not have been convicted by a court of law of a crime involving moral turpitude
    • Has a valid certificate of registration and he is a registered mechanical engineer and a holder of a valid professional license
    • Has graduated from an engineering school or college of recognized standing, after completing an approved course in mechanical engineering
    • Has specific record of a total of four (4) years or more of active mechanical engineering practice, reckoned from the time he registered a mechanical engineering practice
    • Is competent to practice, as attested to by at least two (2) professional mechanical engineers
  • Qualifications of Applicants for Mechanical Engineer
    • Citizen of the Philippines
    • Must not have been convicted by a court of law of a crime involving moral turpitude
    • 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
  • Qualifications of Applicants for Certified Plant Mechanic
    • Must not have been convicted by a court of law of a crime involving moral turpitude
    • 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
    • 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
  • Scope of Examination
    • For 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 applicants - experience including the presentation of an engineering report/technical paper pertinent to his line of experience attested to by two (2) or more profession mechanical engineers in an affidavit for this purpose
    • For 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
    • For Certified Plant Mechanic - The examination may be written or oral on subject matters based on the following submitted statement of experience: Elements of Power Plant Machinery, Elements of Industrial Plant Machinery, and Shop Machinery and Practice
  • To pass the examination, a candidate for a professional mechanical engineer, a mechanical engineer, and certified plant mechanic must obtain an average of seventy percent (70%) on all subjects, with no rating below fifty percent (50%) in any of the subjects
  • The Board shall submit to the Commission the ratings obtained by each candidate within fifteen (15) days after the examinations, unless extended for just cause
  • 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
  • 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
  • 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
  • Ratings
    The Board shall submit to the Commission the ratings obtained by each candidate within fifteen (15) days after the examinations, unless extended for just cause
  • 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
  • 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
  • Issuance of Certificates of Registration and Professional License
    1. 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
    2. 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
    3. 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
  • Issuance of Certificates of Specialty
    Subject to the approval of the Commission, certificates of specialty shall be issued by the Board to Professional Mechanical Engineers who have been screened and recommended by accredited mechanical engineers association
  • Integration and Accreditation of Mechanical Engineers
    1. An integrated organization of mechanical engineers shall be created and accredited by the Board of Mechanical Engineering and the Professional Regulation Commission
    2. 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
  • 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 registrants- name, the certificate number and the legend -Professional Mechanical Engineer-
    • Designs, plants, 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 use professionally
  • Non-issuance of Certificate
    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
  • 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
  • Grounds for Suspension and Revocation of Licenses
    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 incompetence, 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
  • Reinstatement and Replacement of the Certificates
    1. 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
    2. 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
  • Renewal of License
    • The professional license shall serve as evidence that the licensee can lawfully practice his profession until the expiration of its validity
    • Renewal of license can only be done upon payment of renewal fee corresponding to three (3) consecutive years
  • Vested Rights: Automatic Registration of Practicing Mechanical Engineers
  • Coverage of Temporary/Special Permits
    1. Mechanical engineers, installation, commission or graduate 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 shall be required to secure a Temporary/ Special Permit from the Board subject to the approval by the Commission
    2. 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
  • 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
  • Field of Action Authorized for Each Category: Prohibition
    • 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
    • To teach professional subjects in mechanical engineering course unless he is a duly licensed Professional Mechanical Engineer, or a Masters- degree or Doctorate degree holder in mechanical engineering
    • 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 others, unless he is a duly registered Professional Mechanical Engineer or Mechanical Engineer
    • 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
    • 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
    • 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
  • Personnel Required in Mechanical Plant
    • 100 kw or over but not more than 300 kw: one (1) certified plant mechanic, or one (1) mechanical engineer, or one (1) professional mechanical engineer
    • 300 kw or over, but not more than 2000 kw: one (1) mechanical engineer or one (1) professional mechanical engineer
    • Over 2000 kw: one (1) professional mechanical engineer