Mechanical Engineering Practice Act

Core definitions and coverage

Section 3 defines “Practice of Mechanical Engineering” as performing any of the following:
- consultation, valuation, investigation and management services requiring mechanical engineering knowledge;
- engineering design, preparation of plans, specifications and projects studies or estimates for mechanical equipment, machinery, or processes of mechanical works, projects or plants;
- management or supervision of erection, installation, alteration, testing and commissioning of mechanical equipment, machinery, or processes;
- management, supervision, operation, tending or maintenance of mechanical equipment, machinery or processes in mechanical works, projects or plants;
- management or supervision of manufacture, sale, supply or distribution of mechanical equipment, parts or components;
- teaching mechanical engineering professional subjects in government recognized and accredited engineering schools; and
- employment in government as a professional mechanical engineer, registered mechanical engineer, or certified plant mechanic when the nature and character of work is in line with the profession and requires professional knowledge of mechanical engineering.
Section 3 defines “Mechanical equipment or machinery” to include prime movers (steam engines and turbines; internal combustion engines and gas engines and turbines), steam generators (boilers), furnaces, heat exchangers (cooling towers, kilns and dryers, coolers and heaters), materials handling equipment (pumps, cranes, conveyors, hoists, elevators, escalators, mechanized dumb-waters, moving ramps and walkways), HVAC and refrigeration equipment and machinery (including compressors and centrifugal fans, mechanical pollution abatement and environmental control systems), piping system with working pressure of not less than 70 kPa, fired and unfired pressure vessels, printing machines, and mechanical working machines for metallic and nonmetallic materials, whether installed on land, underground, or on board watercraft.
Section 3 defines “Mechanical processes, works, projects or plants” to include steam plants, geothermal plants, dendro-thermal plants, nuclear plants, OTEC plants, internal combustion plants, hydraulic plants, pumping plants, compressed gas plants, mills, shops, factories, shipyards, dry docks, and heating, air-conditioning, ventilating and refrigeration plants containing mechanical equipment, machinery or process deriving power from steam, fossil fuels, wind, air, gas, water, solar heat, nuclear energy, ocean waves and tides, or other energy sources.
Section 3 defines “Capacity of process works, projects or plant” (for the Act) as total kilowatt ratings of all engines, motors, boilers, turbines or other prime movers installed for use in the works/projects/plant, whether in operation or not, without regard to the number of capacities of equipment, machinery or processes receiving power from or intended to be driven by such prime movers.

Board of Mechanical Engineering powers

Section 4 creates a Board of Mechanical Engineering composed of a Chairman and two (2) members appointed by the President of the Philippines from lists submitted through the Professional Regulation Commission (Commission) and an accredited association of mechanical engineers.
Section 4 requires the Board to be organized not later than six (6) months from the effectivity of this Act.
Section 5 sets qualifications for Board members: natural born citizen and resident; at least thirty-five (35) years old; B.S. in Mechanical Engineering or equivalent from an accredited school; Professional Mechanical Engineer with valid license and active practice for at least ten (10) years; no faculty membership for three (3) consecutive years prior; no pecuniary interest or administrative supervision over such institutions of learning for three (3) consecutive years prior; no connection with review centers or review groups for three (3) consecutive years prior; and never convicted of any offense involving moral turpitude.
Section 6 provides a three (3)-year term, reappointment for another three (3)-year term allowed but prohibits service for more than two (2) regular terms; it requires an oath before performing duties and provides the process for filling vacancies for resignation, conviction, disability, or death, including service of the unexpired portion and limits on total years.
Section 8 places the Board under the Commission’s general supervision and makes the Commission the custodian of Board records, including applications for examination, examination papers/results, minutes, and administrative/investigative case records; the Commission designates the Board secretary and provides secretariat and support services.
Section 9 empowers the Board to:
- promulgate rules and regulations;
- supervise registration, licensure, and practice of mechanical engineers;
- administer oaths connected to successful examinees;
- issue certificates of registration;
- issue, suspend and/or revoke certificates of registration and cancel/suspend professional licenses or cancel special permits for causes provided by law;
- adopt an official seal;
- investigate conditions affecting practice and adopt measures for professional and ethical standards;
- prescribe and/or adopt a Code of Ethical and Professional Standards;
- hear administrative cases, issue subpoenas/subpoenas duces tecum;
- prescribe guidelines in the Continuing Professional Education (CPE) program in coordination with accredited associations;
- prepare, adopt, issue or amend syllabi for examinations;
- approve, issue, limit or revoke temporary licenses; and
- perform other necessary duties for professional enhancement and mechanical engineering education development.
Sections 10 and 11 require:
- an annual report by the Board to the President through the Commission; and
- removal of Board members by the President upon recommendation of the Commission for neglect of duty or incompetence, violation or tolerance of violations of the Act or Code of Ethics, final judgment of crimes involving moral turpitude, with notice and opportunity to be heard/defend.

Licensure examination, registration categories

Section 12 requires all applicants for registration to undergo and pass a written technical examination.
Section 13 establishes three categories of certificates of registration in order of rank:
- (a) Professional Mechanical Engineer;
- (b) Mechanical Engineer; and
- (c) Certified Plant Mechanic.
Section 14 requires applicants for Professional Mechanical Engineer to show to the Board:
- Philippine citizenship;
- no court conviction involving moral turpitude;
- valid certificate of registration and registration as a mechanical engineer with a valid professional license;
- graduation from an engineering school/college of recognized standing after completing an approved mechanical engineering course;
- a record of four (4) years or more active mechanical engineering practice reckoned from registration; and
- competence attested to by at least two (2) professional mechanical engineers.
Section 15 requires applicants for Mechanical Engineer to show to the Board:
- Philippine citizenship;
- no court conviction involving moral turpitude; and
- holding a B.S. in Mechanical Engineering from a government-recognized and duly constituted institution.
Section 16 requires applicants for Certified Plant Mechanic to show to the Board:
- no court conviction involving moral turpitude;
- graduation from a government-recognized vocational or trade school after an approved course of not less than two (2) years in stationary or power plant engineering or any mechanical plant operation;
- an additional record of one (1) year or more active mechanical plant operation of the character indicated in an affidavit of a registered professional mechanical engineer; and
- competence to undertake operation, tending, and maintenance of mechanical works/projects/plants of not less than one hundred (100) kilowatts.
Section 17 provides that the Board prescribes the scope and examination methods with special reference to the applicant’s ability for the category:
- Professional Mechanical Engineer: testimonial in nature including enumeration of experience and submission of an engineering report/technical paper pertinent to the line of experience, attested to by two (2) or more professional mechanical engineers in an affidavit;
- Mechanical Engineer: written exam on Board-prescribed subjects emphasizing power plant and industrial plant engineering, mathematics, engineering economics, economic analysis, laws and ethics, and machine design, including subjects:
  1. Machine Design, Materials & Shop Practice;
  2. Industrial & Power Plant Engineering;
  3. Mathematics, Engineering Economics and basic engineering sciences;
- Certified Plant Mechanic: written or oral exam based on submitted statement of experience covering:
  1. Elements of Power Plant Machinery; and
  2. Elements of Industrial Plant Machinery.
Section 17 authorizes the Board, subject to Commission approval, to amend/revise subjects, syllabi, passing average, and the system and procedure in licensure examinations, including corresponding weights, and to amend syllabi to conform to technological changes and continuing professional trends.
Section 18 requires passing marks: an average of seventy percent (70%) on all subjects, with no rating below fifty percent (50%) in any subject.
Section 19 requires the Board to submit to the Commission ratings for each candidate within fifteen (15) days after examinations, unless extended for just cause.
Section 20 allows re-examination only if an applicant fails the examination for the third time, who may take another examination only after one (1) year.
Section 21 requires all successful candidates to take an oath of profession before the Board or any authorized government official before entering practice.

Certificates, professional license, seals, specialty

Section 22 requires issuance of a certificate of registration and license after payment of the registration fee as established by the Commission to applicants who meet the requirements for the category.
Section 22 requires all certificates of registration to indicate the full name of registrants, be signed by all Board and Commission members, and affixed with the Commission’s official seal.
Section 22 provides that issuance of a certificate of registration by the Board is evidence that the person named is entitled to the privileges of the registered and licensed mechanical engineering category for as long as the certificate remains valid.
Section 22 requires issuance of a professional license bearing registration number, date of issuance, expiry date, and signature of the chairman of the Board, provided professional fees are paid.
Section 22 prohibits practice: no person shall practice mechanical engineering in the country unless licensed in the manner provided; it provides that a licensee may practice with the appurtenant privileges until the license’s validity expires.
Section 22 authorizes the issuance of certificates of specialty for Professional Mechanical Engineers, subject to Commission approval, screening and recommendation by accredited mechanical engineering associations, and compliance with guidelines prescribed by the Board after consultation with the concerned association.
Section 24 requires a Professional Mechanical Engineer upon registration to obtain a seal with prescribed design bearing registrant’s name, certificate number, and the legend “Professional Mechanical Engineer.”
Section 24 requires that designs, plans, specifications, project feasibility studies, appraisals, recommendations, technical reports, proposals, and other professional documents involving mechanical equipment/works/projects/plants be stamped on every sheet with the registrant’s seal when filed with government authorities or submitted/used professionally.
Section 24 prohibits stamping/sealing after revocation or cancellation of the certificate.
Section 23 establishes an integrated organization of mechanical engineers created and accredited by the Board and the Commission, with automatic membership for those in the custody roll and those later included upon registration and payment of required fees; it allows voluntary organizations alongside the integrated/accredited organization and requires guidelines and mechanisms for establishment, continued supervision, and benefits/privileges conditioned on payment of required fees and dues.

Registration refusals, suspension, revocation, reinstatement, renewal

Section 25 requires the Board not to issue a certificate of registration to:
- any person convicted by a court of competent jurisdiction of a crime involving moral turpitude or immoral or dishonorable conduct; or
- any person of unsound mind declared by a court of competent jurisdiction.
Section 25 requires that when the Board refuses issuance, it must furnish the party a written statement of the reasons, incorporated in the Board’s records.
Section 26 empowers the Board, upon proper notice and hearing, to suspend or revoke certificates of registration for causes under Section 25 and for fraud/deceit in obtaining certificates, or for gross negligence or incompetence, unprofessional or dishonorable conduct, violations of the Code of Ethics for Mechanical Engineers and Certified Plant Mechanics; it makes the action appealable to the Commission within fifteen (15) days from notice, and the Commission’s decision is final.
Section 27 empowers the Board, upon due notice and hearing, to revoke or suspend licenses of mechanical engineers and cancel temporary/special permits for causes including fraud/deceit, incompetence, negligence, abetment of illegal practice, violation of the Act and implementing rules, and Board policies including the Code of Ethics.
Section 27 provides an additional remedy: Board action is subject to appeal, without prejudice to the right of the aggrieved party to apply with the proper Regional Trial Court for appropriate relief.
Section 28 allows reinstatement: upon application for reasons of equity and justice, the Board may reinstate the validity of a revoked certificate and professional license upon payment of required fees after at least two (2) years from revocation.
Section 28 allows replacement of lost/destroyed/mutilated certificates upon Board rules and payment of the required fee.
Section 29 provides license validity as evidence allowing lawful practice until expiration; it requires renewal only upon payment of a renewal fee corresponding to three (3) consecutive years.

Temporary/special permits and foreign practice limits

Section 31 requires persons to secure a Temporary/Special Permit from the Board, subject to Commission approval, for:
- mechanical engineers, installation/commission/guarantee engineers from other countries called in for consultation or for a specific design or installation, when the project requires not more than three (3) months residence in the Philippines in a twelve (12) month period, provided they are legally qualified in their country/state and their requirements are at least equal to or more than those in the Act as certified by the Board;
- foreigners employed as technical officers, training officers, or consultants in special branches of mechanical engineering when, in the Board’s judgment, necessary and advantageous for technology transfer, subject to conditions including non-availability in the country of a competent and willing mechanical engineer and/or mechanic at the time of engagement, and that the foreigner has been in prior employ of the engaging firm or its foreign business partner outside the Philippines for at least one (1) year immediately preceding engagement; and engagement limits of not more than six (6) months, renewable once, except for newly established firms where the term may be longer but not to exceed a total term of two (2) years.
Section 39 prohibits foreign mechanical engineers and mechanics from being allowed to practice or be issued certificates or enjoy privileges under the Act unless they prove, under the Rules of Court or specific provisions of law or regulations, that their country permits Filipino mechanical engineers/mechanics to practice within its territorial limits on the same basis in the spirit of reciprocity.
Section 32 requires mechanical engineers to indicate on documents they sign/use/issue in connection with practice: their Professional License number, duration of validity, and the professional tax receipt number.

Authorized field of action and plant staffing

Section 33 makes it unlawful for any person, unless authorized under the Act, to:
- be in responsible charge of preparation of plans/designs/investigations/valuation/technical reports/specifications/studies/estimates or other professional mechanical engineering activities unless a duly licensed Professional Mechanical Engineer;
- teach professional subjects in mechanical engineering course unless a duly licensed Professional Mechanical Engineer or a Master’s degree or Doctorate degree holder in mechanical engineering;
- be in responsible charge of construction/erection/installation/alteration or mechanical engineering services in connection with manufacture/sale/supply/distribution of mechanical works/projects/plants unless a duly registered Professional Mechanical Engineer or Mechanical Engineer;
- operate/tend/maintain or be in charge of operation/tending/maintenance of mechanical works/projects/plants of 100 kw, or more but not more than 300 kw unless duly licensed Professional Mechanical Engineer, Mechanical Engineer or Certified Plant Mechanic;
- operate/tend/maintain or be in charge of operation/tending/maintenance of mechanical equipment/machinery/process for works/projects/plants of 300 kilowatts or above but not more than 2000 kw unless duly licensed Professional Mechanical Engineer or Mechanical Engineer; and
- operate/tend/maintain or be in charge of operation/tending/maintenance of mechanical equipment/machinery/process for works/projects/plants of over 2000 kw unless duly licensed Professional Mechanical Engineer.
Section 34 requires every mechanical work/project/plant in operation to have at least the following resident licensed complement:
- 100 kw or over but not more than 300 kw: at least one (1) Certified Plant Mechanic, or one (1) Mechanical Engineer, or one (1) Professional Mechanical Engineer; if operating in more than one shift every twenty-four (24) hours, add one (1) additional Certified Plant Mechanic/Mechanical Engineer/Professional Mechanical Engineer in-charge of each additional shift;
- 300 kw or over but not more than 2000 kw: at least one (1) Mechanical Engineer or one (1) Professional Mechanical Engineer; if operating in more than one shift every twenty-four (24) hours, add at least one (1) Mechanical Engineer or Professional Mechanical Engineer in-charge of each additional shift;
- Over 2000 kw: at least one (1) Professional Mechanical Engineer; if operating in more than one shift every twenty-four (24) hours, add at least one (1) Professional Mechanical Engineer in-charge of each additional shift.
Section 35 prohibits ordering/causing fabrication, construction, erection, installation or alteration of mechanical equipment/machinery/process unless designs, plans, layouts or specifications are prepared by or under responsible charge of, and duly signed and sealed by a Professional Mechanical Engineer; it also requires proposals and quotations for supply and fabrication of mechanical equipment/works/projects/plants, mechanical pollution abatement systems, mechanical fire protection systems, and pressurized pipes with working pressure of not less than 70 kPa to be duly signed and sealed by a Professional Mechanical Engineer.
Section 36 declares mechanical engineering practice a professional service determined on an individual’s personal qualifications and prohibits firms/companies/partnerships/associations/corporations from being registered or licensed “as such” for practice of mechanical engineering; it allows duly registered/licensed mechanical engineers to form and obtain SEC registration of a firm/partnership/association using the term “Mechanical Engineers,” and/or “Architects and Mechanical Engineers” but requires that only mechanical engineers who are duly licensed be members/partners/associates, and members may only render work and services proper for mechanical engineers as defined in the Act.
Section 37 requires owners/managers/persons in charge of mechanical works/projects/plants of one hundred (100) kw or more to post the original certificate(s) of registration of the employed engineer(s) and certified plant mechanic/s in a frame protected by transparent glass or equivalent in a conspicuous place within the plant of business.
Section 38 requires a roster by the Commission showing names and place of business of registered professional mechanical engineers, mechanical engineers, and certified plant mechanics, available to interested parties upon formal written request.

Enforcement, qualifications, and documents

Section 40 designates the Professional Regulation Commission as the enforcement agency of the Board, requiring it to implement the Act’s provisions, enforce implementing rules adopted by the Board, conduct investigations on complaints including violations of the profession’s Code of Conduct, and prosecute when warranted.
Section 40 imposes a duty on all duly constituted national and local government authorities through officers of the law to enforce the Act and prosecute violators.
Section 41 provides eligibility rules for positions requiring degrees/licenses:
- where a position requires a master’s degree holder, a holder of Professional Mechanical Engineer license is eligible; and
- where a position requires a Professional Mechanical Engineer’s license, a holder of a Master’s or doctorate degree in mechanical engineering with a registered mechanical engineer’s license is considered for the position.

Penalties and implementing rules

Section 42 imposes penalties for violations: upon conviction, the offender is penalized by a fine of not less than PHP 50,000 nor more than PHP 200,000, or imprisonment of not less than six (6) months nor more than three (3) years, or both fine and imprisonment at the discretion of the court.
Section 43 requires the Board to formulate and issue implementing rules and regulations to carry out the Act.
Section 44 directs that necessary sums to implement the Act are included in the General Appropriations Act of the year following enactment and thereafter.

Integration, ethics, and appeal outcomes

Section 9 requires the Board to adopt a Code of Ethical and Professional Standards and to hear/try administrative cases involving violations of the Act, implementing rules, and the Code of Ethics.
Section 26 and Section 27 provide Board actions are subject to appeal to the Commission within fifteen (15) days (for certificate suspension/revocation) and subject to appeal with without prejudice to recourse to the Regional Trial Court for appropriate relief (for license/special permit cancellation and related actions).

Funding, separability, repeal, transitory, effectivity

Section 45 provides separability: if any portion is declared unconstitutional or invalid, the remaining sections/portions not affected remain valid.
Section 46 repeals Commonwealth Act No. 294, as amended by Republic Act No. 5336, and repeals/modifies inconsistent laws, parts of laws, orders, ordinances, or regulations relative to the practice of mechanical engineering.
Section 47 provides transitory rules:
- mechanical plant engineers with valid certificates under Commonwealth Act No. 294 with BSME degree shall, after approval, register and be issued certificates as Professional Mechanical Engineers to replace original certificates upon payment of required fees;
- faculty currently teaching mechanical engineering professional subjects shall not continue after five (5) years from approval unless they are or become Professional Mechanical Engineers or at least Registered Mechanical Engineers with a Master’s degree in Mechanical Engineering from duly recognized and accredited universities/colleges/institutes/schools; and
- the present Board continues in the interim until the new Board is constituted.
Section 48 provides effectivity fifteen (15) days following publication in the Official Gazette or a major daily newspaper of general circulation in the Philippines, whichever is earlier.
Approval date: February 12, 1998.