Chemical Engineering Practice Regulation Act

Key definitions established

“Unit process” means the chemical change involved in the manufacture of industrial or consumer products or the treatment of industrial or chemical wastes (Section 3[c]).
“Unit operation” means the physical operation by which a desired step in an industrial process is conducted or controlled, including storage of gases, liquids, solids, heat, transfer, evaporation; mass transfer (distillation, absorption, adsorption, drying, humidification, extraction, leaching, mixing, dispersion); and separation (filtration, screening, molecular sieving, coalescing) (Section 3[d]).
“Professional chemical engineering subjects” include chemical engineering thermodynamics; chemical engineering calculations; physical and chemical principles; industrial processes; momentum transfer; heat transfer; mass transfer; industrial waste management and control; process equipment and plant design; and biochemical engineering and bioengineering, and similar topics (Section 3[f]).

Board creation and governance

A Board of Chemical Engineering is created under the administrative control and supervision of the Professional Regulation Commission (Commission) (Section 5).
The Board is composed of a Chairman and two (2) members appointed by the President of the Philippines from among those recommended by the Commission from the nominees of the duly integrated and accredited national organization of chemical engineers (Section 5).
The Board’s core duties include supervising and regulating the practice of chemical engineering, evaluating qualifications for registration, prescribing licensure examination subjects and relative weights, constructing test questions, scoring/rating examinations, and submitting examination results to the Commission (Section 6).
The Board must, together with the Commission, issue Certificates of Registration and Professional Identification Cards to passers, and issue special permits for persons admitted to the practice and certificates of recognition for advanced studies/research and accomplishments contributing to the profession (Section 6).
The Board may inspect establishments where chemical engineers practice and may order compliance, including issuing Certificate of Compliance (Section 6).
The Board coordinates with CHED to inspect facilities, faculty, equipment, and aspects directly related to chemical engineering programs of educational institutions (Section 6).
The Board adopts rules and regulations for practice, and adopts a Code of Ethics and a Code of Technical Standards (Section 6).

Administrative powers and procedures

The Board investigates violations of Republic Act No. 9297 and its implementing rules and regulations, and violations of the Code of Ethics and Code of Technical Standards, administrative policies, orders, and issuances promulgated by the Board, in accordance with the Commission’s rules on administrative investigation (Section 6).
The Board may issue subpoenas and subpoenas duces tecum to secure attendance of witnesses or production of documents in connection with any administrative case before it (Section 6).
The Board hears and decides administrative cases filed against chemical engineers and firms employing chemical engineers, with hearings presided over by the Chairman or a Member assisted by an Attorney of the Commission (Section 6).
Board decisions require concurrence of at least a majority of the Board; decisions may be appealed to the Commission within 15 days from notice, otherwise they become final and executory (Section 6).
The Board administers oaths in connection with its functions, adopts an official seal, submits annual reports on proceedings/accomplishments to the Commission 30 days after the close of each calendar year, and institutes/prosecutes criminal action for violations (Section 6).
The Board prescribes guidelines and criteria on the Continuing Professional Education (CPE) program for chemical engineers in consultation with the integrated and accredited chemical engineering organization (Section 6).
The Board’s Secretary is appointed by the Commission, records minutes, performs other functions required by the Board, and the Commission provides compensation (Section 9).

Qualifications, term, and removal of Board members

The Chairman and members must be natural-born Filipino citizens and residents of the Philippines at appointment (Section 7).
The Chairman and members must be holders of at least a bachelor’s degree in chemical engineering or its equivalent from an engineering school of good standing recognized and accredited by the Government (Section 7).
The Chairman and members must be registered chemical engineers with at least ten (10) years of active practice (Section 7).
The Chairman and members must be members of good standing of the integrated and duly accredited national chemical engineering profession (Section 7).
The Chairman and members must not have any pecuniary interest, directly or indirectly, in any university/college/school/institution conferring an academic degree necessary for admission to the practice of chemical engineering or where review classes for the licensure examination are offered or conducted, and must not be faculty or administration at the time of appointment (Section 7).
The Chairman and members have a term of three (3) years, with reappointment; vacancies are filled only for the unexpired term; they qualify by taking the proper oath prior to assumption of office; incumbent members may serve until a new composition is constituted (Section 8).
The Commission may suspend or remove the Chairman or any member for neglect of duty, incompetence, commission or tolerance of irregularities in the licensure examination, malpractice, or unprofessional/unethical conduct after due notice and hearing, with the right to be heard and to be assisted by counsel (Section 10).
The Chairman and members receive compensation or honorarium as may be prescribed by rules and regulations of the Commission (Section 11).

Licensure exam, registration, and continuing recognition

All applicants for registration to practice chemical engineering must pass the licensure examination prescribed under Republic Act No. 9297 (Section 13).
The examination is given twice each calendar year on dates and venues prescribed by the Commission and conducted by the Board (Section 14).
The examination covers physical and chemical principles, general engineering, and chemical engineering, with the relative weight of chemical engineering not less than forty percent (40%) (Section 15).
Applicants must be Philippine citizens of good moral character, graduates of a Government-recognized school/college/university/institute that conferred a Bachelor of Science in Chemical Engineering degree or equivalent, and must not have been convicted of an offense involving moral turpitude (Section 16).
Every applicant admitted to take the examination must pay the fees prescribed by the Board before taking the examination (Section 17).
The Board must complete correction of examination papers within twenty (20) days from the last day of the examination, and the Commission must report examinees’ ratings not more than thirty (30) days after the Board completes correction (Section 18).
The Commission, upon recommendation of the Board, must enter successful examinees in the Roster of Chemical Engineers and issue a Certificate of Registration and Professional Identification Card to each person who obtains a general average of at least seventy percent (70%) and a rating of at least fifty percent (50%) in any examination subject (Section 19).
A Certificate of Registration must state the registrant’s full name and registration number, must be signed by the Chairman and members of the Board and the Commissioner of the Commission, and must be authenticated by the official seal of the Commission indicating the entitlement to practice with all privileges (Section 19).
A Certificate of Registration remains in force until suspended or revoked in accordance with Republic Act No. 9297 (Section 19).
A Professional Identification Card is issued to every registrant who has paid the prescribed fee and must bear the signature, number, date of issuance, expiry date, and must be duly signed by the Chairman of the Commission (Section 19).
After registration, each chemical engineer must obtain a seal prescribed by the Board bearing the registrant’s name, registration number, and the legend “Registered Chemical Engineer” (Section 20).
Every plan, specification, report, and other professional documents prepared by or executed under the supervision of, and issued by, the registrant must be stamped on every sheet with the seal when filed with Government authorities or when submitted or used professionally (Section 20).
Every person issued a Certificate of Registration must pay fees to the Commission as the Commission prescribes (Section 21).
Registration is not required upon proper application with the Board for foreign chemical engineers recognized as experts in specific fields called by the Republic of the Philippines for consultation or a specific design, installation, or project, with practice confined to such work (Section 22).
Registration is also not required for foreign chemical engineers distinguished in their fields who are contracted as professors or lecturers or for chemical engineering subjects by Philippine schools/colleges/institutes/universities on a direct hire or exchange basis, subject to verification of credentials by the Board (Section 22).
Any of the following grounds permit suspension or revocation of a Certificate of Registration: acts of misrepresentation in connection with alleged performance of chemical engineering devices; acts inimical to the chemical engineering profession; and gross immorality or commission of any act involving moral turpitude (Section 23).
Certificates of Compliance may be suspended or revoked for noncompliance with Republic Act No. 9297 (Section 23).
Complaints against registered chemical engineers and firms employing chemical engineers may be filed by any person or by the Board motu proprio; complaints must be in writing and sworn by the persons executing them and must be filed with the Secretary of the Board (Section 23).
The Board may reissue revoked Certificates of Registration or Certificates of Compliance for sufficient reasons upon proper petition (Section 24).
A new Certificate of Registration or Certificate of Compliance may be issued to replace a lost, destroyed, or mutilated certificate subject to Board rules and payment of appropriate fees to the Commission (Section 24).
Chemical engineers registered at the time Republic Act No. 9297 takes effect automatically remain registered (Section 25).
The Commission keeps a roster of all duly licensed and registered chemical engineers with names, registration numbers, and places of business, regularly updates it, and makes it available to interested parties (Section 28).

What chemical engineers may do; restrictions

Except as otherwise provided in Republic Act No. 9297, only persons properly licensed and registered may practice chemical engineering (Section 26).
No firm, partnership, corporation, or association may be licensed and registered as such for the practice of chemical engineering; duly licensed and registered chemical engineers may form partnerships among themselves or with other licensed and registered engineers and architects and use partnership titles “Chemical Engineers” and “Engineers and Architects” in the partnership name (Section 26).
A person may not practice chemical engineering or render chemical engineering service without a valid Certificate of Registration and a valid Professional Identification Card (Section 27).
Any person committing any of the following acts is guilty of misdemeanor: (1) practicing or rendering chemical engineering services, or passing himself off/advertising as a chemical engineer without a valid Certificate of Registration or when it is suspended or revoked; (2) attempting to use as his own the certificate or seal of another person or impersonating any registered chemical engineer; and (3) furnishing the Board or Commission false information or documents to secure a Certificate of Registration (Section 27).
Any proposal, design, specification, working drawings, or plan for an industrial plant or part thereof submitted to any Government agency (national or local, including Government-owned or controlled corporations) must not be processed or approved and no permit/license/franchise/authorization/certification must be issued unless signed by a registered chemical engineer with its seal and registration number affixed (Section 29).
No foreign chemical engineer may be granted any right or privilege under Republic Act No. 9297 unless the country of which he is a subject or citizen grants the same or similar rights or privileges to Filipino chemical engineers (Section 30).
Republic Act No. 9297 does not affect or prevent the practice of any other lawfully recognized profession (Section 31).
Chemical engineers must indicate their Certificate of Registration and Professional Identification Card number, the date of issuance during the validity period, and the Privilege Tax Receipt (PTR) of documents they sign/use/issue in connection with professional practice (Section 32).
There is an integrated national organization of chemical engineers duly accredited by the Board and Commission; chemical engineers duly registered with the Board automatically become members upon payment of required fees and dues and receive benefits appurtenant thereto (Section 33).
Membership in the integrated and accredited national organization bars membership in other associations of chemical engineers (Section 33).
Chemical engineers may prepare and submit professional plans/specifications/reports with the required seal when filed/submitted/used professionally (Section 20).

Government processing requirement

Government agencies must require that proposals, designs, specifications, working drawings, or plans for industrial plants or parts thereof be signed by a registered chemical engineer with the seal and registration number affixed before processing/approval and before issuance of any permit/license/franchise/authorization/certification (Section 29).

Penalties, enforcement, and implementation

Violation of any provision of Republic Act No. 9297 constitutes a misdemeanor punishable, upon conviction, by a fine of not less than PHP 10,000.00 nor more than PHP 1,000,000.00, or imprisonment for not less than 6 months nor more than 5 years, or both, at the discretion of the court (Section 34).
The Board is assisted by the Commission to carry out Republic Act No. 9297, its implementing rules and regulations, and other policies; the Commission’s lawyers act as prosecutors against illegal practitioners and other violators; Government authorities assist in enforcement (Section 35).
The Board must adopt and promulgate, subject to Commission approval, rules and regulations including the Code of Ethics and Code of Technical Standards for Chemical Engineers to carry out the Act; these take effect 30 days after publication in the Official Gazette or a major newspaper of general circulation (Section 36).

Repeal, separability, and effectivity

If any section of Republic Act No. 9297 is declared unconstitutional or invalid, the remaining sections remain valid (Section 37).
Republic Act No. 318 is repealed, and all inconsistent laws, decrees, orders, rules and regulations, ordinances, and other issuances or parts thereof are superseded, repealed, or amended accordingly (Section 38).
Republic Act No. 9297 takes effect 15 days after publication in the Official Gazette or a major newspaper of general circulation (Section 39).