Enforcement of Sanitary Engineering Practice Rules

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PRC BOARD OF SANITARY ENGINEERING MEMORANDUM CIRCULAR NO. 2003-13: Enforcement of Sanitary Engineering Practice Rules

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Title Source: Supreme Court: Enforcement of Sanitary Engineering Practice Rules

Law: Prc Board Of Sanitary Engineering Memorandum Circular No. 2003-13

Decision Date: Nov 7, 2003

The Philippine Jurisprudence case highlights the criminal charges and fines faced by unregistered professionals who violate the practice of sanitary engineering, with the Professional Regulatory Board for Sanitary Engineering responsible for investigating and taking action against violators, emphasizing the importance of strict compliance with the law to ensure the safety and effectiveness of sanitary systems.

Law Summary

Role of the Professional Regulatory Board for Sanitary Engineering (PRB-SE)

PRB-SE operates under administrative control and supervision of PRC (Section 7(c) and (o), RA 8981).
Responsibilities include regulating the practice of sanitary engineering as per RA No. 1364 (Sanitary Engineering Act).

Scope of Sanitary Engineering Practice Under RA No. 1364

Registered Sanitary Engineers (RSE) are authorized to design water systems, reservoirs, drainage, sewage disposal tanks, among others.

Restrictions on Signing of Sanitary/Plumbing Plans

Section 3.2.2.2 of the National Building Code (PD No. 1096) limits signing of sanitary plans to Registered Sanitary Engineers and Registered Master Plumbers.
Specifically, the sanitary plans must be signed by Registered Sanitary Engineers.

Prohibition of Unauthorized Practice

Signing of sanitary plans by unregistered sanitary engineers, other professionals, or unauthorized persons constitutes violation of RA No. 1364 and PD No. 1096 and their Implementing Rules and Regulations (IRRs).
Such acts are considered illegal practice of sanitary engineering.
Violators face criminal liability including imprisonment and/or fines.

Investigative and Enforcement Powers of the PRB-SE

PRB-SE is empowered to investigate violations of RA No. 1364 and RA No. 8981, including issuing summons, subpoenas, and subpoenas duces tecum.
Authorized to enforce provisions on registration, exemptions, penalties, and disciplinary actions associated with sanitary engineering practice.
Can initiate administrative and/or criminal proceedings against violators.

Coordination with Other Government Agencies

PRC (under Section 7(w) of RA No. 8981) may coordinate with the Department of Justice and request assistance from other law enforcement agencies for investigative purposes.

Guidelines for Compliance

Sanitary plans must be prepared, signed, and sealed by a Registered Sanitary Engineer with valid certificates and professional identification card issued by the PRC.
Building Officials can only approve sanitary plans if they are Registered Sanitary Engineers with valid credentials.
Building officials are prohibited from approving sanitary plans prepared by unauthorized persons.

Dissemination and Enforcement

Relevant government agencies and professional organizations including the Department of Public Works and Highways, League of Cities and Municipalities, Local Government Units, and the Philippine Society of Sanitary Engineers are tasked to disseminate this circular.

Legal Consequences for Violations

Any violation of RA No. 1364, PD No. 1096, RA No. 8981, their IRRs, or these guidelines will be subject to administrative and/or criminal charges.
Compliance with these regulations is mandatory and subject to strict enforcement.

Effectivity

The memorandum circular is effective immediately upon issuance on November 7, 2003.

END