QuestionsQuestions (Republic Act No. 4110)
RA 4110 is entitled “An Act to Regulate the Practice of Air Conditioning and Refrigeration Engineering in the Philippines.” It regulates the practice of air conditioning and refrigeration engineering (including ventilation and humidity control) and the related work/services described in the law.
Within thirty (30) days from the approval of RA 4110, a Board of Examiners for Air Conditioning and Refrigerating Engineers is created, composed of three (3) members appointed by the President with the consent of the Commission on Appointments from among persons recommended/certified by the Philippine Air Conditioning and Refrigeration Engineering Society.
Board members must be: (1) Philippine citizen and resident; (2) at least thirty (30) years old and of good character; (3) holder of BSME or BS in Air Conditioning and Refrigerating Engineering from a legally chartered, recognized school/college; (4) registered ACRE or PME engaged in active practice for at least ten (10) years (with an important one-year transitional requirement); and (5) not connected directly or indirectly with any school teaching the profession for at least five (5) years prior to appointment.
Members hold office for three (3) years after appointment or until successors are appointed and duly qualified. For the first Board: one member serves one year, one serves two years, and one serves three years. Vacancies are filled for the unexpired term only.
The Board may, through the Chairman and with the Board seal: (1) subpoena witnesses and compel attendance; (2) require the production of books/papers/documents in cases involving revocation/offer to practice without registration; (3) refer to the Court of First Instance if subpoena/orders are refused; and (4) administer oaths through any Board member.
RA 4110 provides two grades: (1) Air Conditioning and Refrigerating Engineers (higher/ranked first) and (2) Air Conditioning and Refrigeration Technician.
Unless exempt from registration, no person may practice or offer to practice air conditioning and refrigeration engineering in the Philippines without first obtaining a certificate of registration from the Board.
Practicing includes, for a fee or otherwise, rendering professional services such as consultation, investigation, inspection, valuation, design, preparation of specifications/estimates, and taking charge/supervising/undertaking construction/installation/alteration or managing/operating/tending/maintaining air conditioning or refrigeration equipment, machinery, or processes; and it also includes offering services through ads or other means and using titles that convey the impression of being an engineer.
The law does not apply to works/projects/plants of less than ten (10) tons refrigerating capacity or less than five (5) tons ice-making capacity. Also, persons practicing in works/projects below these thresholds are exempt from registration.
Registration is not required for: (1) engineering students, apprentices, and others employed/acting as subordinates of a person holding a valid certificate; and (2) any person practicing in works/projects/plants of less than ten tons refrigeration capacity or less than five tons ice-making capacity.
Examinations are given twice a year during every first Tuesday of March and September, at places fixed by the Board. Notice must be mailed to candidates at least thirty (30) days before the first day of examination.
Except as specifically provided otherwise in RA 4110, applicants for registration must undergo technological examination.
Generally, after graduation in mechanical engineering (or electrical engineering under the text), the applicant must have an additional four (4) years or more of active practice in air conditioning and refrigeration engineering works; alternatively, there is a pathway based on graduation in a specialized air conditioning and refrigeration engineering course plus two (2) years or more of active practice as certified by the engineer under whom practice was acquired. The text also provides a one-year transitional rule after approval of the Act.
The applicant must be at least twenty-one (21) years old, of good reputation/moral character, and either (1) a graduate of an accredited vocational/trade school with the relevant course; or (2) have two (2) years or more of active practice in plant operation, servicing, or troubleshooting as certified by a registered engineer. The applicant must be competent to undertake operation/servicing/troubleshooting for specified capacity ranges and must have working knowledge to read/write/speak English or Spanish or recognized dialects.
Engineers: within one year after passage, applicants may be registered without examination if they submit evidence of ten (10) years active practice and competency, and are duly registered with specified professional engineering credentials listed in the law. Technicians: registration without examination is allowed if the applicant shows (1) at least five (5) years active practice and competence for small capacity plants, plus the first two qualifications for engineers; or (2) that he is actually employed (at approval of the Act) in operation of regularly organized plants below specified capacity and has had no serious accident, with validity limited to the employer’s specified plant.
The registrant must obtain a seal and stamp it on every sheet of plans, specifications, price quotations, reports, and other professional documents prepared by or executed under the registrant’s immediate supervision when filed/submitted professionally. It is unlawful to stamp or seal after the certificate has been revoked or suspended unless reinstated/reissued.
The Board may suspend/revoke after proper notice and hearing for causes including: (1) conviction of criminal offense involving moral turpitude or immoral/dishonorable conduct (as addressed in refusal to issue); (2) unethical practice/dishonorable/unprofessional conduct; and specific statutory grounds such as stamping/sealing documents not prepared by the registrant, representing unperformed design/construction/management/service, or using/delivering services not actually undertaken. The action is appealable to the President.
Any person who practices/offers to practice without registration (or exemption), or who uses another’s certificate/seal, gives false/fraudulent evidence, impersonates a registrant, uses a revoked/suspended certificate, or uses titles/advertises as engineer without a valid certificate for the grade—commits a misdemeanor punishable by fine of not less than ₱500 and not more than ₱1,000, or imprisonment not exceeding three (3) months, or both, at the court’s discretion.
Unless exempt, it is unlawful for persons not holding the proper valid certificate to: be responsible for preparation of plans/designs/specifications/estimates or other professional services for works/projects/plants; be responsible for construction/installation/alteration for specified capacities; operate/tend/maintain certain equipment for capacity thresholds depending on grade; and for very large capacities, require an Air Conditioning and Refrigerating Engineer in charge. (The section provides capacity thresholds for each restriction.)
RA 4110 requires at least: for 30 tons refrigeration to less than 300 tons, and 5 tons ice-making to less than 121 tons ice-making—at least one registered technician or engineer responsible for technician side/refrigeration side as described; and for 300 TR and above (and 120 TIM and above)—at least one Air Conditioning and Refrigerating Engineer. Additional shifts require additional registered personnel per additional shift.