Law Summary
Board of Examiners for Mining Engineers
- Created within 30 days after approval of the Act.
- Composed of three registered mining engineers appointed by the President of the Philippines.
Powers and Functions of the Board
- Administer oaths.
- Issue, suspend, or revoke certificates of registration for mining engineers.
- Investigate violations and issue subpoenas for witnesses and documents.
- Maintain ethical and technical standards of the profession.
- Recommend measures for enforcing the Act.
Qualifications of Board Members
- Must be Filipino citizens.
- Hold degrees of Engineer of Mines (E.M.) or Bachelor of Science in Mining Engineering (B.S.E.M.)
- Registered and qualified to practice mining engineering in the Philippines.
- Have at least 10 years of practical experience, with 5 years in mining engineering.
- Not faculty members or financially interested in mining engineering educational institutions.
- Recommended by a bona fide professional mining engineering society.
Terms and Appointments of Board Members
- Serve three-year terms or until successors are appointed.
- Initial members hold staggered terms: 1 year (Chairman), 2 years, and 3 years.
- Chairman position goes to the member with the shortest unexpired term.
- Members must take an oath before assuming duties.
Executive Officer and Secretary of the Board
- The Commissioner of Civil Service serves as Executive Officer.
- Secretary appointed under prior relevant Act also serves the Board.
- Records, minutes, and exam papers are kept under custody of the Civil Service Commission.
Removal and Compensation of Board Members
- Members may be removed by the President for neglect, incompetency, or unethical conduct after due process.
- Compensation fixed at a minimum of ten pesos per applicant examined or registered.
- Government employee members receive compensation plus salary.
Rules, Regulations and Reporting
- Board may adopt rules subject to the President's approval.
- Annual report submitted to the President through the Executive Secretary detailing proceedings and recommendations.
Prohibition on Practice; Registration Requirements
- No person shall practice mining engineering without registration, except under certification of exemption.
- Practice defined to include a broad range of technical and supervisory functions related to mining engineering.
Exemptions from Registration
- Practitioners employed by the government for specific mining consultations.
- Foreign technical consultants allowed under restricted conditions, including employment of a registered Filipino understudy.
- Registered engineers or certified foremen under older laws recognized and registered automatically.
Examination Requirements
- Written examination required for registration unless exempted.
- Examination subjects include mining engineering and economics, mining laws and ethics, metallurgy, ore dressing, assaying, geology, surveying, and applied mathematics.
Qualifications for Examination Applicants
- At least 21 years old (conditional examination allowed below 21 but certificate granted after 21).
- Filipino citizenship or reciprocity for foreigners.
- Good moral character.
- Education: Bachelor of Science in Mining Engineering or related engineering or geology with 5 years practical mining experience.
Qualifications for Mine and Quarry Foreman
- At least 21 years old.
- Reciprocity for foreigners.
- Good moral character.
- Completed recognized mining or quarry course or equivalent practical experience.
Examination Schedule and Weighting
- Held twice yearly: second Monday of January and July.
- Weighted distribution: 40% mining engineering and economics/law/ethics; 20% geology and surveying; 20% metallurgy; 20% applied math.
Reporting of Exam Results and Issuance of Certificates
- Board reports exam ratings to the Civil Service Commissioner within 90 days.
- Certificates issued within one year of the Act’s approval may be granted without examination to qualified practitioners meeting stringent experience and character requirements.
Certificate Contents and Legal Effect
- Name, serial number, signatures of Board members, and seal.
- Evidence of lawful practice entitlement while valid and unrevoked.
Fees for Examination and Registration
- Minimum fees: 50 pesos for examination; 100 pesos for registration without exam; 20 pesos for foremen registration.
Discipline: Reprimand, Suspension, and Revocation
- Board may discipline registrants for fraud, negligence, incompetency, unprofessional or immoral conduct after due hearing.
- Appeal to the President within 30 days; the President’s decision is final.
- Grounds include false certification, misrepresentation of work or supervision, and unethical attribution of mining engineering services.
- Complaints must be sworn and filed with Board Secretary.
Re-issuance and Replacement of Certificates
- New applications accepted two years after revocation.
- Board may waive examination for reinstatements.
- Replacement certificates issued for lost or destroyed originals.
Prohibitions and Penalties
- Practicing without registration, using false or forged certificates, impersonation, and advertising unentitled titles prohibited.
- Penalties: fines of 1,000 to 2,000 pesos, imprisonment from 1 to 2 years, or both.
Required Personnel in Mining and Quarry Operations
- Operations with 25-50 persons require registered foreman.
- Over 50 persons require registered mining engineer and foreman.
- Shift-based requirements for registered foremen and engineers vary with number of persons per shift.
- All mine superintendents must be registered mining engineers.
Posting of Certificates
- Certificates of engineers and foremen must be posted conspicuously on mine or quarry premises.
Roster of Registered Professionals
- Annual up-to-date roster prepared and maintained by Board Secretary.
- Roster distributed upon request and filed with the Office of the President, Director of Mines, and other entities.
Foreign Reciprocity
- Foreign mining engineers granted privileges only if their country reciprocates similar rights to Filipino engineers.
Enforcement
- Law enforcement officers mandated to enforce the Act.
- Civil Service Commission’s legal officers to advise and assist the Board.
Relation to Other Professions
- Does not affect or prevent practice of other legally established professions.
Appropriations and Funds
- Annual appropriations of 5,000 pesos for Board expenses and field work.
- All fees collected go to the National Treasury, with initial use allowed for Act operations.
Severability and Repeal
- Unconstitutional provisions do not affect the validity of other sections.
- Conflicting laws, orders, and regulations repealed.
Effectivity
- The Act took effect upon approval.