QuestionsQuestions (Republic Act No. 9297)
RA 9297 is titled the “Chemical Engineering Law of 2004.” Its policy is to supervise and regulate the practice of chemical engineering vital to national development, upgrade chemical engineering education to ensure chemical engineers are at par with the best in the world, and reserve the practice of the profession to Filipino citizens.
It means rendering or offering professional chemical engineering service for a fee, salary, reward, compensation, paid to him or through another person, or even without such reward or compensation—synonymous with rendering chemical engineering service.
It includes consultation requiring chemical engineering knowledge, investigation, estimation/valuation, planning, preparation of feasibility studies, designing, preparation of specifications, supervision of installation, operation including quality management (excluding chemical analysis and laboratory operation), and research and development. Teaching/lecturing/reviewing of professional chemical engineering subjects (in B.S. Chemical Engineering curriculum or in licensure exam review) is also considered a professional chemical engineering service.
A person duly registered and a holder of a valid Certificate of Registration and Professional Identification Card issued by the Board of Chemical Engineering and the PRC.
A Chairman and two (2) members, appointed by the President from among those recommended by the PRC, based on nominees of the duly integrated and accredited national organization of chemical engineers.
Key duties include: supervise and regulate the profession; evaluate qualifications for registration; prescribe licensure exam subjects/syllabi and construct/test questions and rate papers; issue Certificates of Registration and PRC IDs upon passing (with PRC recommendation); issue special permits and Certificates of Recognition for advanced studies/research; inspect establishments and enforce compliance; inspect educational institutions’ chemical engineering programs (with CHED); adopt rules, Code of Ethics, and Code of Technical Standards; investigate violations; issue subpoenas; hear/decide admin cases; administer oaths; adopt official seal; submit annual reports; prosecute criminal actions for violations; and prescribe CPE guidelines (in consultation with the accredited organization).
They must be: (1) natural-born Filipino citizens and residents; (2) at least holders of a bachelor’s degree in chemical engineering or equivalent from a good standing/accredited engineering school recognized by government; (3) registered chemical engineers with at least 10 years of active practice; (4) members of good standing of the integrated and accredited national chemical engineering profession; and (5) without pecuniary interest in institutions conferring chemical engineering degrees or offering review classes, and not faculty/administration in such institutions at time of appointment.
Three (3) years, with reappointment allowed. Vacancies are filled only for the unexpired portion of the term. They qualify via oath before assuming office. Incumbents may serve until a new Board composition is constituted.
The Secretary records minutes of meetings and performs functions required by the Board; the PRC provides compensation for the Secretary.
The PRC may suspend or remove them for neglect of duty, incompetence, commission or tolerance of irregularities in licensure exams, malpractice, or unprofessional/unethical conduct, after due notice and hearing, with the right to be heard and to be assisted by counsel.
Twice each calendar year on dates/venues prescribed by the PRC, and conducted by the Board.
It covers Physical and Chemical Principles; General Engineering; and Chemical Engineering—where the relative weight of Chemical Engineering is not less than 40%.
Applicant must be a Philippine citizen; of good moral character; a graduate of a government-recognized school with BS Chemical Engineering or equivalent degree; and not convicted of an offense involving moral turpitude.
The applicant must obtain: (1) general average of at least 70%; and (2) rating of at least 50% in any examination subject.
No need for re-application: all chemical engineers already registered at the time the Act takes effect shall automatically be registered.
Except as allowed in the Act, only persons properly licensed and registered may practice. No firm, partnership, corporation, or association may be licensed and registered as such for the practice of chemical engineering; however, duly licensed chemical engineers may form partnerships among themselves or with licensed engineers/architects and use titles in the partnership name.
It is prohibited to: (1) practice or render chemical engineering services without a valid certificate of registration and valid professional identification card (or while suspended/revoked); (2) pass off/advertise oneself as a chemical engineer without proper credentials; (3) attempt to use another person’s certificate or seal or impersonate a registered chemical engineer; and (4) furnish false information or documents to secure a certificate.
No proposal/design/specification/working drawings/plans for an industrial plant or part thereof submitted to any government agency (including GOCCs) shall be processed or approved or permit/authorization issued unless signed by a registered chemical engineer with the seal and registration number affixed.
Violations are punishable as a misdemeanor: fine of not less than P10,000 nor more than P1,000,000, or imprisonment of not less than 6 months nor more than 5 years, or both, at the discretion of the court.
RA 318 (the old Chemical Engineering Law) is repealed, and inconsistent laws/rules are superseded/repealed/amended. The Act takes effect 15 days after publication in the Official Gazette or in a major newspaper of general circulation.