Title
Naval Arch. and Marine Engr. Practice Law
Law
Republic Act No. 4565
Decision Date
Jun 19, 1965
A law in the Philippines regulates the practice of naval architecture and marine engineering, establishing a Board of Examiners responsible for issuing certificates of registration, investigating violations, and maintaining ethical standards, with penalties for unregistered practice and false representation.
A

Board of Examiners for Naval Architects and Marine Engineers: Composition

  • Created within 30 days after act approval
  • Consists of a chairman and two members appointed by the President with Commission on Appointments consent
  • Members serve three-year terms with a rotational chairmanship by seniority
  • Qualifications include oath-taking before office assumption
  • Members removable by the President for neglect, incompetence, malpractice, unethical or dishonorable conduct after investigation
  • Temporary members appointed during suspensions or vacancies

Board's Powers and Duties

  • Administers oaths and issues, suspends, revokes registration certificates
  • Investigates violations, issues subpoenas and subpoenas duces tecum
  • May petition courts to enforce subpoenas
  • Studies practice conditions nationwide and maintains standards and ethics
  • The Director of Public Works and Commissioner of Customs are ex-officio enforcement agents
  • May issue rules, regulations, and adopt a professional code of ethics
  • Possesses an official seal

Qualifications of Board Members

  • Philippine citizenship and residency
  • At least 30 years old and of good moral character
  • Graduate in naval architecture and marine engineering with a BS degree from a recognized institution
  • Registered professional with at least ten years' practice (except first appointees)
  • Not currently a faculty or having pecuniary interest in relevant educational institutions
  • Former faculty must have ceased teaching for at least three years

Executive Officer and Administration

  • Commissioner of Civil Service acts as executive officer and oversees Board examinations
  • Designates a Secretary for records and minutes

Fees and Compensation

  • Examination fee: PHP 50
  • Registration certificate fee: PHP 20
  • Members compensated PHP 10 per examinee
  • Government employees serving as members receive compensation plus salary
  • Expenses paid from Civil Service Commission appropriations

Annual Reporting

  • Board to submit an annual report of activities and meetings to the President

Registration and Examination Requirements

  • Practice prohibited without a valid certificate issued by the Board
  • Applicants must pass a technological examination
  • Qualifications for examination: at least 21 years old, Filipino citizen, good moral character, holder of BS degree granted by a recognized Philippine or foreign institution
  • Annual examination held in Manila, starting first Monday of June

Examination Subjects

  • Mathematics
  • Theoretical and applied mechanics
  • Naval architecture
  • Marine engineering
  • Other subjects as deemed necessary

Rating and Reexamination

  • Board reports ratings within 90 working days to Civil Service Commissioner, who submits to the President
  • Ratings released at least 30 days before next exam
  • Applicants failing for the second time must wait at least 1 year for re-examination

Certificate of Registration and Oath

  • Issued upon passing examination and fee payment
  • Contains registrant name, serial number, signatures, official seal
  • Certificate entitled holder to all privileges during validity
  • Oath required before practice

Registration Without Examination

  • Graduates before Act approval with at least two years of active practice may register if they apply within one year
  • Teaching naval architecture and marine engineering counts as active practice

Exemptions from Registration

  • Foreign government personnel performing services for their government
  • Foreign naval architects and marine engineers consulting or working on specific projects
  • Persons making or constructing boats under five gross tons for personal/business use without registered professional involvement
  • Apprentices or trainees working under supervision of registered professionals

Refusal, Suspension, and Revocation of Certificates

  • Refusal to register persons convicted of crimes involving moral turpitude, unprofessional or immoral conduct, or unsound mind
  • Suspension or revocation for similar causes, fraud, gross negligence, or incompetence with Presidential approval
  • Written statement of reason for refusal made part of record

Re-issuance and Replacement of Certificates

  • Possible to reapply after one year of revocation; Board may exempt examination
  • Replacement certificates issued for lost or damaged certificates upon payment

Seal Usage

  • Registered practitioners must have a prescribed dry seal bearing name, registration number, and professional title
  • All professional documents must be sealed
  • Using seal after certificate expiration, revocation, or suspension is unlawful

Penal Provisions

  • Penalties for unauthorized practice, misuse or forging certificates or seals, impersonation, use of revoked certificates, or false advertising
  • Fines from PHP 500 to PHP 2,000 or imprisonment from 3 months to 1 year or both

Regulations on Practice and Supervision

  • Construction, conversion, or alteration of floating vessels requires plans and supervision by registered naval architects and marine engineers
  • Plans must be signed and sealed; approved designs required by the Bureau of Customs
  • Incumbent public officials signing plans can continue until retirement or resignation

Admeasurement and Inspection

  • Vessels over five gross tons must have gross/net tonnage calculated and inspected by registered professionals
  • Incumbent officials may continue duties until retirement or resignation

Firms and Corporations

  • May practice naval architecture and marine engineering under supervision of registered practitioners
  • Use of personal names in firm names requires those persons to be registered

Foreign Reciprocity

  • Foreigners may be allowed to take the examination upon proof of reciprocal practice rights in their home countries

Roster of Registered Professionals

  • Annual roster prepared by Civil Service Commissioner including names and business locations
  • Distributed to government officials, agencies, and available to the public

Repealing and Separability Clauses

  • Inconsistent laws, orders, and regulations repealed
  • If any provision declared unconstitutional, remainder continues unaffected

Effectivity

  • Act takes effect upon approval on June 19, 1965

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