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 mechanical engineering or rendering mechanical engineering service
within the meaning and intent of this Act when he performs the following:
(1) Consultation, valuation, investigation and management services
requiring mechanical engineering knowledge;
(2) Engineering design, preparation of plans, specifications and projects
studies or estimates for mechanical equipment, machinery, or processes
of any mechanical works, projects or plants;

(3) Management or supervision of the erection installation, alteration,

testing and commissioning of mechanical equipment, machinery, or
processes in mechanical works, projects or plants;
(4) Management, supervision, operation, tending or maintenance of any
mechanical equipment, machinery or processes in mechanical work,
projects or plants;
(5) Management or supervision of the manufacture, sale, supply or
distribution of mechanical equipment, parts or components;
(6) Teaching of mechanical engineering professional subjects in
government recognized and accredited engineering schools; and
(7) 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.
(b) 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 dumb-waters, moving ramps and walkways; heating, airconditioning, 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.
(c) Mechanical processes, works, projects or plants shall include stem plants,
geothermal plants, dendro-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 drydocks, 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.
(d) Capacity of process works, project or plant-rated capacity in kilowatt of
mechanical works, projects or plants for the purpose of this Act shall be the total
kilowatt rating of all engines, motors, boilers, turbines, or other primemovers
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
primemovers.
ARTICLE II
BOARD OF MECHANICAL ENGINEERING
Sec. 4. Creation and Composition of the Board of Mechanical Engineering.
There is hereby created a Board of Mechanical Engineering, hereinafter called the
Board, to be composed of a Chairman and two (2) members to be appointed by the
President of the Philippines from a list of three (3) recommendees for each position,
chosen, ranked in the order of preference and submitted by the Professional Regulation
Commission, hereinafter referred to as the Commission, from a list of five nominees
submitted by the duly accredited association of mechanical engineers in the Philippines.
The Board shall be organized not later than six (6) months from the effectivity of this
Act.
Section 5. Qualification of Members of the Board. A member of the Board shall, at
the time of his appointment, possess the following qualifications:
(a) Natural born citizen and resident of the Philippines;
(b) Must be at least thirty-five (35) years of age;
(c) 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);
(d) 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;
(e) 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;
(f) 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; and
(g) Has never been convicted of any offense involving moral turpitude.

Section 6. 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
reappointed for another three (3) year term. No member of the Board shall serve for
more than two (2) regular terms. Any vacancy occurring within the term of a member
due to resignation, conviction of any kind, disability or death, shall be filled by
appointment by the President of the Philippines; and such member appointed shall
serve for the unexpired portion of the term vacated without prejudice to serve for a
maximum of two (2) full terms. If the appointee comes from the incumbent Board, he
shall serve the remaining vacated term in addition to the previous years he had already
served and shall be qualified for reappointment in his new position: Provided, his
number of years of service shall not exceed two (2) regular full terms.
Each member of the Board shall take his oath of office prior to the official performance
of his duties.
Section 7. Compensation and Allowances of the Board Members. 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 with the Commission and as may be provided for in the
General Appropriations Act.
Section 8. Supervision of the Board, Custodian of it Records, Secretariat and
Support Services. The Board shall be under the general supervision of the
Commission. All records of the Board, including application 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.
Section 9. Power and Duties of the Board. The Board shall exercise the following
specific powers, functions, duties and responsibilities:
(a) To promulgate and adopt the rules and regulations necessary for carrying out
the provisions of this Act;
(b) To supervise the registration, licensure and practice of mechanical engineers
in the Philippines;
(c) To administer oaths in connection with the successful examinees entering the
practice of Mechanical Engineering;
(d) To issue the certificate of registration to successful examinees;

(e) 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;
(f) To adopt an official seal of the Board;
(g) 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;
(h) To prescribe and/or adopt a Code of Ethical and Professional Standards for
the practice of the mechanical engineering profession.
(i) 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 andsubpoena duces tecum to
secure the appearance of witnesses and the production of documents in
connection therewith;
(j) Prescribe guidelines in the Continuing Professional Education (CPE) program
in coordination with accredited association of mechanical engineers;
(k) Prepare, adopt, issue or amend the syllabi of the subjects for examinations;
(l) Approve, issue, limit or revoke temporary license to practice mechanical
engineering; and
(m) 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.
Section 10. Annual Report. 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.
Section 11. Removal of Board Member. 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.

ARTICLE III
EXAMINATION, REGISTRATION AND LICENSE
Sec. 12. Examination Required. 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.
Section 13. Categories. Certificates of registration for the practice of mechanical
engineering shall be of three (3) categories and in order of rank as follows:
(a) Professional Mechanical Engineer;
(b) Mechanical Engineer; and
(c) Certified Plant Mechanic.
Section 14. Qualification of Applicants for Professional Mechanical Engineer.
Any applicant to the Professional mechanical engineering examination must, at the time
of filing of his application, establish to the satisfaction of the Board that:
(a) He is a citizen of the Philippines;
(b) He must not have been convicted by a court of law of a crime involving moral
turpitude;
(c) He has a valid certificate of registration and he is a registered mechanical
engineer and a holder of a valid professional license;
(d) He has graduated from an engineering school or college of recognized
standing, after completing an approved course in mechanical engineering;
(e) He has specific record of a total of four (4) years or more of active mechanical
engineering practice, reckoned from time he is registered a mechanical
engineering practice; and
(f) He is competent to practice, as attested to by at least two (2) professional
mechanical engineers.
Section 15. Qualifications of Applicants for Mechanical Engineer. Any person
applying for examination and for a Certificate of Registration as Mechanical Engineer
shall, prior to admission to the examinations, establish to the satisfaction of the Board
that:
(a) He is a citizen of the Philippines;

(b) He must not have been convicted by a court of law of a crime involving moral
turpitude;
(c) He 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.
Section 16. Qualifications of Applicants for Certified Plant Mechanic. Any person
applying for examination for certificate of registration as Certified Plant Mechanic shall
establish to the satisfaction of the Board that:
(a) He must not have been convicted by a court of law of a crime involving moral
turpitude;
(b) He 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; and
(c) He 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.
Section 17. Scope of Examination. The scope of examination and the methods of
procedure shall be prescribed by the Board with special reference to the applicant's
ability to perform the type of engineering work pertaining to the particular category he is
to be registered in.
(a) 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 applicant's experience including
the presentation of an engineering report/technical paper pertinent to his line of
experience attested to by two (2) or more professional mechanical engineers in
an affidavit for this purpose;
(b) 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.
The subjects in which the applicant for Mechanical Engineers shall be examined
are:

1. Machine Design, Materials & Shop Practice

2. Industrial & Power Plant Engineering
3. Mathematics Engineering Economics and basic engineering sciences
(c) Certified Plant Mechanic The examination for Certified Plant Mechanic may
be written or oral on subject matters based on the following submitted statement
of experience:
1. Elements of Power Plant Machinery
2. Elements of Industrial Plant Machinery; and
Subject to the approval of the Commission, the Board may amend or revise the
subjects, their syllabi, passing average, and the system and procedure in the licensure
examinations for the practice of mechanical engineering and the corresponding weight
pursuant to implementing rules and regulations issued for this purpose.
The said subjects and their syllabi may be amended by the Board so as to conform to
technological changes brought about by continuing trends in the profession.
Section 18. Ratings. To pass the examination, a candidate for a professional
mechanical engineer, a mechanical engineer, and certified plant mechanical must
obtain an average of seventy percent (70%) on all subjects, with no rating below fifty
percent (50%) in any of the subjects.
Section 19. Report of Ratings. The Board should submit to the Commission, the
ratings obtained by each candidate within fifteen (15) days after the examinations,
unless extended for just cause.
Section 20. 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.
Section 21. 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.
Section 22. Issuance of Certificates of Registration and Professional License.
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.
All 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. The issuance of a certificate of registration by the Board to a registrant is

evidence that the person named therein is entitled to all the privileges of a registered
and licensed professional mechanical engineer, mechanical engineer or certified plant
mechanic, as the case may be, for as long as said certificate remains valid.
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. No person shall practice
mechanical engineering in this country unless such person shall have secured a license
to practice Mechanical Engineering in the manner herein provided. A licensee is entitled
to practice the profession with all the privileges appurtenant thereto until the expiration
of the validity of his license.
Subject to the approval of the Commission, certificates of specialty shall be issued by
the Board, subject to the approval of the Commission to Professional Mechanical
Engineers who have been screened and recommended by accredited mechanical
engineers association. These are for specific fields in which the applicants have
specialized knowledge, training and experience and have documented their
competence and expertise. The Board, shall subject to the approval of the Commission,
and after consultation with said association concerned, prescribe and issue the
necessary guidelines for the issuance of these certificates.
Section 23. Integration and Accreditation of Mechanical Engineers. An integrated
organization of mechanical engineers shall be created and accredited by the Board of
Mechanical Engineering and the Professional Regulation Commission. 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. The integration of the mechanical
engineering profession shall not be a bar to the formation of voluntary organization of
mechanical engineers which may coexist with the integrated and accredited
organization of mechanical engineers. The Board, subject to the approval by the
Commission and after consultation with the existing accredited organization of
mechanical and other affiliated organization of mechanical engineers and, if possible
with the substantial number of the mechanical engineers who are non-organization
members, shall provide the guidelines and mechanisms for the establishment and
creation continued supervision of the integrated and accredited organization of
mechanical engineers. The registered and licensed engineers and certified plant
mechanics shall receive the benefits and privileges appurtenant to their membership in
duly integrated and accredited mechanical engineering association only upon payment
of the required fees and dues.
Section 24. 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 registrant's name, the certificate number and the legend
"Professional Mechanical Engineer." Designs, plans, 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 used professionally: Provided, That it shall be
submitted or used professionally: Provided, that it shall be unlawful for any one to stamp
or seal any document with the said seal after the certificate shall have been revoked or
cancelled.
Section 25. Non-issuance of Certificate for Certain Grounds. 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.
Section 26. 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:
Provided, That the action of the Board shall be subject to appeal to the Commission
within fifteen (15) days from notice, whose decision on the matter shall be final.
Section 27. Grounds for Suspension and Revocation of Licenses, Cancellation of
Temporary/Special Permit. 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 competence, 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: Provided, however, That such action of the Board shall be
subject to appeal without prejudice to the right of the aggrieved party to apply with the
proper Regional Trial Court for appropriate relief.
Section 28. Reinstatement and Replacement of the Certificates. 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. 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.
Section 29. Renewal of License. The professional license shall serve as evidence
that the licensee can lawfully practice his profession until the expiration of its validity.

However, renewal of license can only be done upon payment of renewal fee
corresponding to three (3) consecutive years.
Section 30. Vested Rights: Automatic Registration of Practicing Mechanical
Engineers. All practicing Mechanical Engineer who are registered at the time this Act
takes effect, shall automatically be registered.
Section 31. Coverage of Temporary/Special Permits. The following shall be
required to secure a Temporary/Special Permit from the Board subject to the approval
by the Commission.
(a) Mechanical engineers, installation, commission or guarantee 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: Provided, That such engineers are legally qualified to
practice mechanical engineering in their own country or state in which the
requirements and qualifications for obtaining a certificate of registration are at
least equal to or more than those specified in this Act as certified by the Board;
(b) 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: Provided, That
such engagements have satisfied conditions, as may be deemed necessary as
follows:
(1) Non-availability of a mechanical engineer and/or mechanic in the
country who is competent, able and willing at the time of engagement to
perform the service for which the foreigner is desired for;
(2) The foreigner must have been in the prior employ of the engaging firm,
or its foreign business partner, outside of the Philippines for a period of not
less than one (1) year immediately preceding the date of his engagement;
(3) Any particular or specific engagement shall not be in excess of six (6)
months but may be renewed once, if necessary except when such
engagement is for a newly established firm in which case the period of
engagement may be for a longer term but not to exceed a total term of two
(2) years.
Section 32. 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.

ARTICLE IV
PRACTICE OF THE PROFESSION
Sec. 33. Field of Action Authorized for Each Category: Prohibition. It shall be
unlawful for any person, unless authorized under this Act:
(a) 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.
(b) to teach professional subjects in mechanical engineering course unless he is
a duly licensed Professional Mechanical Engineer, or a Master's degree, or
Doctorate degree holder in mechanical engineering.
(c) 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 other, unless he is a duly
registered Professional Mechanical Engineer or Mechanical Engineer.
(d) 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.
(e) 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.
(f) 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.
Section 34. Personnel Required in Mechanical Plant. Every mechanical work
project or plant in operation shall have not less than the following complement of
resident licensed professional mechanical engineer, mechanical engineer or certified
plant mechanic:
(a) 100 kw or over but not more than 300 kw: one (1) certified plant mechanic, or
more mechanical engineer or one (1) professional mechanic engineer: Provided,
That every mechanical work, project, or plant in this category operating in more
than one shift every twenty-four hours, shall have in addition to the minimum

personnel herein required, one (1) certified plant mechanical, or one (1)
mechanical engineer, or one (1) professional mechanical engineer in-charge of
each and every additional shift.
(b) 300 kw or over, but not more than 2000 kw: one (1) mechanical engineer or
one (1) professional mechanical engineer or one (1) professional mechanical
engineer: Provided, That every mechanical work, project, or plant in this category
operating in more than one shift every twenty-four (24) hours shall have, in
addition to the minimum personnel herein required at least one (1) mechanical
engineer, or one (1) professional mechanical engineer in-charge of each and
every additional shift.
(c) Over 2000 kw: one (1) professional mechanical engineer: Provided, That
every mechanical work, project or plant in this category operating in more than
one shift every twenty-four (24) hours shall have, in addition to the minimum
personnel herein required at least one (1) professional mechanical engineer incharge of each and every additional shift.
Section 35. Preparation of Plans and Supervision of Construction by Licensed
Engineers Required. It shall be unlawful for any person to order or otherwise cause
the fabrication, construction, erection, installation or alteration of any mechanical
equipment, machinery or process for any mechanical works, projects, or plants, unless
the designs, plans, layouts or specifications have been prepared by or under the
responsible charge of, and duly signed and sealed by a Professional Mechanical
Engineer.
Likewise, proposals and quotations for the supply and fabrication of mechanical
equipment, works, projects, plants, mechanical pollution abatement systems,
mechanical fire protection systems, pressurized pipes with a working pressure of not
less than 70 kpa., shall be duly signed and sealed by a Professional Mechanical
Engineer.
Section 36. Practice Not Allowed for Firms and Corporations. The practice of
mechanical engineering is a professional service, admission to which shall be
determined upon the basis of an individual's personal qualifications.
No firm, company partnership, association or corporation may be registered or licensed
as such for the practice of mechanical engineering: Provided, however, That persons
properly registered and licensed as mechanical engineers may form and obtain
registration with Security and Exchange Commission of a firm, partnership or
association using the term "Mechanical Engineers", and or "Architect and Mechanical
Engineers" but nobody shall be a member, partner or associate unless he is a duly
registered and licensed mechanical engineer, and the members who are mechanical
engineers shall only render work and services proper for mechanical engineers as
defined in this Act.

Section 37. Posting of Certificates. The owner, manager, or other person in-charge
of any mechanical works, projects, or plants of one hundred (100) kw or more, of a firm,
co-partnership, corporation or joint-stock association, shall post or cause to be posted in
a conspicuous place within such plant of business, the original certificate of registration
of the engineer or engineers and of the certified plant mechanic/s employed in such
plant, in a frame protected by transparent glass or its equivalent.
Section 38. Roster of Engineers and Mechanics. A roster showing the names and
place of business of all registered professional mechanical engineers, mechanical
engineers and certified plant mechanics, shall be prepared by the commission which
shall be made available to any interested parties upon formal written request.
Section 39. Foreign Reciprocity. No foreign mechanical engineer or mechanic shall
be allowed to practice mechanical engineering or be given a certificate of registration or
be entitled to any of the privileges under this Act unless he can prove in the manner
provided by the rules of Court or by specific provisions of law or regulations, that the
country of which he is a subject or citizen in the spirit of reciprocity, permits Filipino
mechanical engineers and/or mechanics to practice within its territorial limits on the
same basis as the subject or citizens of such country or state.
Section 40. Enforcement of the Act by the Officers of the Law. The Professional
Regulation Commission shall be the enforcement agency of the Board. As such, the
Commission shall implement the concerned provisions of this Act, enforce its
implementing rules and regulations as adopted by the Board, conduct investigations on
complaints including violations of the Code of Conduct of the profession and prosecute
when so warranted.
It shall be the duty of all duly constituted authorities through the officers of the law of the
national government, or any provincial, city, or municipal government or any political
subdivision thereof, to enforce the provisions of this act and to prosecute any person
violating the same.
Section 41. Qualification Requirements. In a government or private institution
where a position requires a master's degree holder, a holder of professional mechanical
engineer license shall be eligible for the position. Likewise, where a position requires a
professional mechanical engineer's license, a holder of a master's or doctorate degree
in mechanical engineering, with a registered mechanical engineer's license shall be
considered for the position.
ARTICLE V
PENAL AND CONCLUDING PROVISIONS
Sec. 42. Penalties. In addition to the administrative sanctions imposed under this Act
any person who violates any of the provisions of this Act and its rules and regulations
shall, upon conviction be penalized by a fine of not less than Fifty thousand pesos
(P50,000.00) nor more than Two hundred thousand pesos (P200,000.00), or

imprisonment of not less than six (6) months nor more than three (3) years, or both fine
and imprisonment at the discretion of the court.
Section 43. Implementing Rules and Regulations. The Board shall formulate and
issue the implementing rules and regulations to carry out the provisions of this Act.
Section 44. Funding Provisions. Such sums may be necessary to carry out
provisions of this Act shall be included in the General Appropriations Act of the year
following its enactment into law and thereafter.
Section 45. Separability Clause. If any section or portion of this Act shall be
declared unconstitutional or invalid, the same shall not invalidate all other sections or
portions not affected thereby.
Section 46. Repealing Clause. Commonwealth Act No. 294, as amended by
Republic Act No. 5336, is hereby repealed and all other laws, parts of law, orders,
ordinances, or regulations relative to the practice of mechanical engineering which are
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
Section 47. Transitory Provisions. (a) Mechanical Plant Engineers possessing valid
certificates of registration issued under Commonwealth Act No. 294 with BSME degree
shall, after the approval of this Act, register and be issued certificates as professional
mechanical engineers to replace their original certificate of registration upon payment of
the required fees.
(b)Faculty Members currently teaching mechanical engineering professional subjects in
universities, colleges, institutes or schools shall not be allowed to continue teaching
after five (5) years from the approval of this Act, unless they are or have become
Professional Mechanical Engineers or at least Registered Mechanical Engineers with a
Master's degree in Mechanical Engineering from duly recognized and accredited
universities, colleges, institutes or schools.
(c)The present Board shall continue to function in the interim until such time as the new
Board shall be constituted.
Section 48. Effectivity Clause. This Act shall take effect fifteen (15) days following
its publication in the Official Gazette or a major daily newspaper of general circulation in
the Philippines, whichever is earlier.
Approved: February 12, 1998