QuestionsQuestions (Republic Act No. 5788)
The text is Republic Act No. 5788 (June 21, 1969). Its purpose is to amend and repeal certain sections of Republic Act No. 4110, by providing for specialization in Air Conditioning and Refrigeration in the Philippines.
RA 5788 amends the title to: “An Act to provide for Specialization in Air Conditioning and Refrigeration in the Philippines.” It also states the Act shall be known as the “Air Conditioning and Refrigeration Specialization Law.”
The certificate must show the specialist’s full name, a serial number, be signed by all members of the Board, and be attested to by the official seal.
The Board can administer the Act, issue/suspend/revoke certificates, administer oaths, subpoena witnesses, compel attendance, require production of books/papers/documents in revocation cases, and petition the Court of First Instance to enforce subpoenas; the court may then issue subpoenas requiring attendance and production.
The Director of the Bureau of Labor Standards and/or his duly authorized representatives in the provinces, and other competent registered engineers of chartered cities, are ex-officio agents of the Board.
At least once a year. The purpose is to safeguard life, health, and property.
Each member receives ten pesos for each applicant examined. Fees are received by a permanent collecting officer designated by the Board, who pays authorized Board expenses, including members’ compensation.
The Board prescribes the scope and procedure with special reference to the applicant’s ability and experience in air conditioning and refrigeration and to ensure sufficient technological knowledge for safety (life, health, property) as well as economy and efficiency in design, construction, installation, maintenance, operation, organization, and management of related plants or works.
The Board reports ratings within 120 days after completion to the Commissioner of Civil Service, who then submits them to the President of the Philippines.
Upon registration the specialist obtains a prescribed seal. Plans, specifications, price quotations, reports, and other professional documents prepared under the specialist’s immediate supervision and issued by the specialist must be stamped on every sheet with the seal when filed with government authorities or submitted/used professionally.
It is unlawful after the certificate of the specialist named therein has been revoked or suspended, unless the certificate has been reinstated or reissued.
Upon proper notice and hearing, the Board may suspend or revoke a certificate for specified causes (including fraud/deceit in obtaining the certificate, gross negligence/incompetency, unethical practice, or dishonorable/unprofessional conduct). The Board’s action is subject to appeal to the President.
Revocation may be grounded on acts such as: (1) signing and affixing the seal on documents/works not prepared by the specialist; (2) representing supervision/undertaking/charge of design, construction, erection, installation, or alteration without actually doing so; (3) representing performance of service in manufacture/sale/supply/distribution arrangements without actually doing so; and (4) representing management/operation/tending/maintenance without actually doing so.
Any person representing himself without registration, using another’s certificate/seal, giving false/forged evidence, impersonating a specialist, using a revoked/suspended certificate, or using/advertising a title implying he is a specialist, or violating the Act, commits a misdemeanor punishable by a fine of not less than ₱500 and not more than ₱1,000, or imprisonment not exceeding three months, or both—at the court’s discretion.