Definition of Terms and Scope of Practice
- The practice of mechanical engineering includes consultation, valuation, investigation, and management requiring mechanical engineering knowledge.
- It involves engineering design, plan preparation, supervision of erection and installation, operation and maintenance of mechanical equipment and processes.
- Teaching mechanical engineering in recognized institutions and government employment related to mechanical engineering are included.
- Mechanical equipment and machinery cover prime movers, boilers, furnaces, heat exchangers, materials handling equipment, HVAC systems, environmental control systems, and more.
- Mechanical processes encompass various power plants, industrial facilities, and other projects powered by diverse energy sources.
- Plant-rated capacity is defined by the total kW ratings of installed engines, motors, boilers, turbines, or other prime movers.
Board of Mechanical Engineering: Creation and Composition
- A Board composed of a Chairman and two members is created, appointed by the President from nominees submitted by the Professional Regulation Commission (PRC) and accredited mechanical engineers association.
- The Board must be organized within six months from the Act's effectivity.
Qualifications, Terms, Compensation, and Duties of Board Members
- Board members must be natural-born Filipino citizens, at least 35 years old, licensed professional mechanical engineers with a minimum of 10 years practice, and meet other criteria to prevent conflicts of interest.
- Term of office is three years, renewable once, with a maximum of two full terms.
- Compensation aligns with other regulatory boards and determined by the General Appropriations Act.
- The Board is supervised by the PRC, which also maintains all records and provides secretariat and support services.
- Powers include rulemaking, registration supervision, oath administration, issuance and revocation of licenses, ethical standard enforcement, administrative hearings, continuing education guidelines, temporary licensing, and professional development.
- Annual reports must be submitted to the President through the PRC.
- Board members may be removed for neglect of duty, incompetence, ethical violations, or crimes involving moral turpitude.
Examination, Registration, and Licensing Requirements
- Written technical examinations are mandatory for registration.
- Three registration categories exist: Professional Mechanical Engineer, Mechanical Engineer, Certified Plant Mechanic.
- Applicants for Professional Mechanical Engineer must be Filipino citizens, crime-free, registered mechanical engineers, have an engineering degree, four years of active practice, and competence attested by professionals.
- Mechanical Engineer applicants require citizenship, crime-free record, and a mechanical engineering degree.
- Certified Plant Mechanic applicants must be crime-free, have vocational/trade school training, at least two years course completion, and one year active plant operation experience, with attestations of competence.
- Examination scopes are tailored to each category, including technical subjects, engineering economics, laws, ethics, machine design, and power plant knowledge.
- Passing requires 70% average with no score below 50% in any subject.
- Ratings are submitted to the PRC within 15 days after examinations.
- Re-examination allowed after one year upon failing three times.
- Successful examinees must take an oath prior to practice.
- Certificates of registration and professional licenses are issued upon fulfillment of fees and requirements and bear official signatures and seals.
- Specialty certificates can be issued subject to Board and PRC approval.
Professional Organization and Seals
- An integrated and accredited mechanical engineers organization is established; membership is automatic upon registration and payment of dues.
- Voluntary organizations may coexist with the integrated organization.
- Professional Mechanical Engineers must obtain a seal to affix on documents prepared, which must not be used after license revocation.
Grounds for Non-Issuance, Revocation, Suspension, and Reinstatement
- Certificates are not issued to persons convicted of crimes involving moral turpitude or declared mentally unsound.
- Certificates and licenses can be revoked or suspended for fraud, gross negligence, incompetence, unprofessional conduct, or ethics violations, with rights to hearings and appeals.
- Reinstatement possible after two years from revocation upon application and fee payment.
- Lost certificates can be replaced per Board rules.
License Validity, Renewal, and Vested Rights
- Licenses are valid evidence of lawful practice until expiry.
- Renewal covers three consecutive years and requires payment of renewal fees.
- Mechanical Engineers registered before the Act take effect are automatically registered under the Act.
Temporary/Special Permits for Foreign Engineers
- Temporary permits required for foreign mechanical engineers consulting or working for no more than 3 months in a 12-month period, provided they meet qualification equivalency.
- Foreign technical officers or consultants may be permitted under specific conditions including prior employment and necessity due to lack of local expertise.
- Engagement periods limited to 6 months (renewable once) or up to 2 years for new firms.
Practice Limitations, Personnel Requirements, and Professional Conduct
- Only licensed Professional Mechanical Engineers may undertake responsible charge of professional mechanical engineering activities, including preparation of plans, teaching, and supervision of installation.
- Operation and maintenance of mechanical plants require licensed personnel depending on plant size (100 kw, 300 kw, 2000 kw thresholds) and shifts.
- Mechanical plans and proposals must be signed and sealed by Professional Mechanical Engineers.
- Firms, corporations, or associations may not practice mechanical engineering, but licensed engineers may form such entities with restrictions.
- Certificates must be posted conspicuously on mechanical plants of 100 kw or more.
- A publicly available roster of registered engineers and mechanics is maintained.
- Foreign practitioners permitted only under reciprocal arrangements.
- Enforcement responsibility lies with the PRC and all government authorities.
- Professional mechanical engineers may fill positions requiring master's degrees, and vice versa involving registration requirements.
Penal Provisions, Implementing Rules, and Miscellaneous
- Violations subject to fines between ₱50,000 and ₱200,000, imprisonment from 6 months to 3 years, or both.
- The Board is tasked with issuing implementing rules and regulations.
- Appropriations to fund the Act will be included in the General Appropriations Act.
- A separability clause preserves the validity of the Act if parts are invalidated.
- Prior laws inconsistent with this Act are repealed.
Transitory and Effectivity Provisions
- Existing Mechanical Plant Engineers with valid registration and BSME degrees are to register as professional mechanical engineers under the new Act.
- Faculty currently teaching mechanical engineering have 5 years to comply with licensing or degree requirements.
- The existing Board continues functioning until the new Board is organized.
- The Act takes effect 15 days after publication in the Official Gazette or a major newspaper, whichever is earlier.