Republic of the Philippines

Congress of the Philippines

Metro Manila

Tenth Congress

Republic Act No. 8495 February 12, 1998

AN ACT REGULATING THE PRACTICE OF MECHANICAL ENGINEERING IN THE PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled::

ARTICLE I

TITLE, STATEMENT OF POLICY AND DEFINITION OF TERMS

Section 1. Title. – This Act stall be known as the "Philippine Mechanical Engineering Act of
1998."

Section 2. Statement of Policy. – The State recognizes the importance of mechanical engineers
in nation building and development. Their talents through sustainable human development shall
be promoted. Thus, the State shall develop and nurture competent, virtuous, productive and
well-rounded mechanical engineers whose standard of professional practice and service shall
be excellent, qualitative, world-class and globally competitive through regulatory measures,
programs and activities.

Section 3. Definition of Terms. – As used in this Act, the following terms shall mean as follows:
(a) Practice of Mechanical Engineering – A person shall be deemed to be practicing mechanical
engineering or rendering mechanical engineering service within the meaning and intent of this
Act when he performs the following:

(1) Consultation, valuation, investigation and management services requiring mechanical

engineering knowledge;

(2) Engineering design, preparation of plans, specifications and projects studies or estimates
for mechanical equipment, machinery, or processes of any mechanical works, projects or
plants;

(3) Management or supervision of the erection installation, alteration, testing and

commissioning of mechanical equipment, machinery, or processes in mechanical works,
projects or plants;

(4) Management, supervision, operation, tending or maintenance of any mechanical equipment,

machinery or processes in mechanical work, projects or plants;

(5) Management or supervision of the manufacture, sale, supply or distribution of mechanical

equipment, parts or components;

(6) Teaching of mechanical engineering professional subjects in government recognized and

accredited engineering schools; and

(7) Employment in government as a professional mechanical engineer, registered mechanical

engineer, or certified plant mechanic if the nature and character of his work is in line with his
profession, requiring professional knowledge of the science of mechanical engineering.

(b) Mechanical equipment or machinery. – includes all prime movers such as steam engines
and turbines, internal combustion engines and gas engines and turbines; steam generators such
as boiler; furnaces; heat exchanger such as cooling towers, kilns and dryers, coolers and
heaters; materials handling equipment, such as pumps, cranes, conveyors, hoists, elevators,
escalators, mechanized dumb-waters, moving ramps and walkways; heating, air-conditioning,
ventilating, and refrigeration equipment and machinery, including compressors and centrifugal
fans, mechanical pollution abatement and environmental control system; piping system with a
working pressure of not less than 70 kpa., fired and unfired pressure vessels, printing machine;
mechanical working machines for metallic and non-metallic materials and other mechanical
equipment and machinery whether installed on land, underground, or on board watercraft.

(c) Mechanical processes, works, projects or plants shall include stem plants, geothermal
plants, dendro-thermal plants, nuclear plants, ocean thermal energy conservation (OTEC) plants,
internal combustion plants hydraulic plants, pumping plants, compressed gas plants, all kinds
of mills, shops, factories, shipyards drydocks, heating, air-conditioning, ventilating and
refrigeration plants containing any 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.

(d) Capacity of process works, project or plant-rated capacity in kilowatt of mechanical works,
projects or plants for the purpose of this Act shall be the total kilowatt rating of all engines,
motors, boilers, turbines, or other primemovers installed for use in such works, projects or
plants, whether in operation or not, and without regard to the number of capacities of the
mechanical equipment, machinery or processes receiving power from or intended to be driven
by such primemovers.

ARTICLE II

BOARD OF MECHANICAL ENGINEERING

Sec. 4. Creation and Composition of the Board of Mechanical Engineering. – There is hereby
created a Board of Mechanical Engineering, hereinafter called the Board, to be composed of a
Chairman and two (2) members to be appointed by the President of the Philippines from a list
of three (3) recommendees for each position, chosen, ranked in the order of preference and
submitted by the Professional Regulation Commission, hereinafter referred to as the
Commission, from a list of five nominees submitted by the duly accredited association of
mechanical engineers in the Philippines. The Board shall be organized not later than six (6)
months from the effectivity of this Act.

Section 5. Qualification of Members of the Board. – A member of the Board shall, at the time of
his appointment, possess the following qualifications:

(a) Natural born citizen and resident of the Philippines;

(b) Must be at least thirty-five (35) years of age;

(c) Holder of the degree of Bachelor of Science in Mechanical Engineering or its equivalent,
conferred by a school, academy, college or university in the Philippines or abroad that is
accredited by the Commission on Higher Education (CHED);

(d) A Professional Mechanical Engineer with a valid professional license and an active
practitioner as such, for not less than ten (10) years prior to his appointment;

(e) Must not, for a period of three (3) consecutive years prior to appointment, be a member of
the faculty of any, school, academy, institute, college or university where a regular course in
mechanical engineering is being taught, nor have pecuniary interest in or administrative
supervision over any such institutions of learning;

(f) Must not, for a period of three (3) consecutive years prior to appointment, be connected with
a review center or with any group or association where review classes or lectures in preparation
for the licensure examination are offered or conducted at the time of appointment; and

(g) Has never been convicted of any offense involving moral turpitude.

Section 6. Term of Office. – A member of the Board shall hold office for a term of three (3)
years from the date of his appointment or until his successor shall have been qualified and duly
appointed, unless, however, that such incumbent member has been reappointed for another
three (3) year term. No member of the Board shall serve for more than two (2) regular terms.
Any vacancy occurring within the term of a member due to resignation, conviction of any kind,
disability or death, shall be filled by appointment by the President of the Philippines; and such
member appointed shall serve for the unexpired portion of the term vacated without prejudice to
serve for a maximum of two (2) full terms. If the appointee comes from the incumbent Board,
he shall serve the remaining vacated term in addition to the previous years he had already
served and shall be qualified for reappointment in his new position: Provided, his number of
years of service shall not exceed two (2) regular full terms.

Each member of the Board shall take his oath of office prior to the official performance of his
duties.

Section 7. Compensation and Allowances of the Board Members. – The Chairman and
members of the Board shall receive compensation and allowances comparable to the
compensation and allowances being received by the Chairmen and members of existing
regulatory boards with the Commission and as may be provided for in the General
Appropriations Act.

Section 8. Supervision of the Board, Custodian of it Records, Secretariat and Support Services. –
The Board shall be under the general supervision of the Commission. All records of the Board,
including application for examination, examination papers and results, minutes of deliberation,
administrative cases, and other investigative cases involving the profession shall be kept by the
Commission. The Commission shall designate the secretary of the Board and shall provide the
Secretariat and other support services to implement the provisions of this Act.

Section 9. Power and Duties of the Board. – The Board shall exercise the following specific
powers, functions, duties and responsibilities:

(a) To promulgate and adopt the rules and regulations necessary for carrying out the provisions
of this Act;

(b) To supervise the registration, licensure and practice of mechanical engineers in the
Philippines;

(c) To administer oaths in connection with the successful examinees entering the practice of
Mechanical Engineering;

(d) To issue the certificate of registration to successful examinees;

(e) To issue, suspend and/or revoke, after due process certificates of registration and issue,
cancel and suspend professional license or cancel special permits for the practice of
mechanical engineering, for causes provided by law;

(f) To adopt an official seal of the Board;

(g) To look into the conditions affecting the practice of the mechanical engineering profession
and whenever necessary, adopt such measures as may be deemed proper for the enhancement
and maintenance of high professional and ethical standards of the profession;

(h) To prescribe and/or adopt a Code of Ethical and Professional Standards for the practice of
the mechanical engineering profession.

(i) To hear and try administrative cases involving violations of this Act, its Implementing Rules
and Regulations, the Code of Ethics for Mechanical Engineers, and for this purpose, to issue
subpoena andsubpoena duces tecum to secure the appearance of witnesses and the
production of documents in connection therewith;

(j) Prescribe guidelines in the Continuing Professional Education (CPE) program in coordination
with accredited association of mechanical engineers;

(k) Prepare, adopt, issue or amend the syllabi of the subjects for examinations;

(l) Approve, issue, limit or revoke temporary license to practice mechanical engineering; and

(m) Discharge such other duties and functions as may be deemed necessary for the
enhancement of the mechanical engineering profession and the upgrading, development and
growth of mechanical engineering education in the Philippines.

Section 10. Annual Report. – The Board shall, at the close of each calendar year, submit an
annual report to the President of the Philippines through the Professional Regulation
Commission, giving a detailed account of its proceedings and accomplishments during the year
and making recommendations for the adoption of measures that will upgrade and improve the
conditions affecting the practice of mechanical engineering in the Philippines.

Section 11. Removal of Board Member. – The President upon recommendation of the
Commission may remove any member of the Board on the following grounds; neglect of duty or
incompetence, violation or tolerance of the violation of this Act or the Code of Ethics for
Mechanical Engineering, final judgment of crimes involving moral turpitude, after having given
the member an opportunity to be heard and/or defend himself in a proper administrative
investigation.

ARTICLE III

EXAMINATION, REGISTRATION AND LICENSE

Sec. 12. Examination Required. – All applicants for registration for the practice of mechanical
engineering shall be required to undergo and pass a written technical examination as provided
for in this Act.

Section 13. Categories. – Certificates of registration for the practice of mechanical engineering
shall be of three (3) categories and in order of rank as follows:

(a) Professional Mechanical Engineer;

(b) Mechanical Engineer; and

(c) Certified Plant Mechanic.

Section 14. Qualification of Applicants for Professional Mechanical Engineer. – Any applicant to
the Professional mechanical engineering examination must, at the time of filing of his
application, establish to the satisfaction of the Board that:
(a) He is a citizen of the Philippines;

(b) He must not have been convicted by a court of law of a crime involving moral turpitude;

(c) He has a valid certificate of registration and he is a registered mechanical engineer and a
holder of a valid professional license;

(d) He has graduated from an engineering school or college of recognized standing, after
completing an approved course in mechanical engineering;

(e) He has specific record of a total of four (4) years or more of active mechanical engineering
practice, reckoned from time he is registered a mechanical engineering practice; and

(f) He is competent to practice, as attested to by at least two (2) professional mechanical

engineers.

Section 15. Qualifications of Applicants for Mechanical Engineer. – Any person applying for
examination and for a Certificate of Registration as Mechanical Engineer shall, prior to
admission to the examinations, establish to the satisfaction of the Board that:

(a) He is a citizen of the Philippines;

(b) He must not have been convicted by a court of law of a crime involving moral turpitude;

(c) He holds the degree of Bachelor of Science in Mechanical Engineering from a university,
school, college, academy, or institute duly constituted and recognized as such by the
government.
Section 16. Qualifications of Applicants for Certified Plant Mechanic. – Any person applying for
examination for certificate of registration as Certified Plant Mechanic shall establish to the
satisfaction of the Board that:

(a) He must not have been convicted by a court of law of a crime involving moral turpitude;

(b) He has graduated from a vocational or trade school duly recognized by the government after
completing an approved course of not less than two (2) years in stationary or power plant
engineering or any mechanical plant operation; and

(c) He has specific record of an additional one (1) year or more of active practice in mechanical
plant operation of such character as indicated in an affidavit of a registered professional
mechanical engineer and, likewise establish to the satisfaction of the Board, that the applicant
is competent to undertake the operation, tending and maintenance of mechanical works,
projects or plant of not less than one hundred (100) kilowatts.

Section 17. Scope of Examination. – The scope of examination and the methods of procedure
shall be prescribed by the Board with special reference to the applicant's ability to perform the
type of engineering work pertaining to the particular category he is to be registered in.

(a) Professional Mechanical Engineer – The granting of professional mechanical engineer

Certificate of Registration shall be testimonial in nature which shall include the submission of
an enumeration of the applicant's experience including the presentation of an engineering
report/technical paper pertinent to his line of experience attested to by two (2) or more
professional mechanical engineers in an affidavit for this purpose;

(b) Mechanical Engineer – The applicant shall pass a written examination on different subjects
or group of subjects prescribed by the Board, and within the syllabi prepared by the Board with
emphasis on power plant and industrial plant engineering, mathematics, engineering
economics, economic analysis, laws and ethics and machine design.

The subjects in which the applicant for Mechanical Engineers shall be examined are:
1. Machine Design, Materials & Shop Practice

2. Industrial & Power Plant Engineering

3. Mathematics Engineering Economics and basic engineering sciences

(c) Certified Plant Mechanic – The examination for Certified Plant Mechanic may be written or
oral on subject matters based on the following submitted statement of experience:

1. Elements of Power Plant Machinery

2. Elements of Industrial Plant Machinery; and

Subject to the approval of the Commission, the Board may amend or revise the subjects, their
syllabi, passing average, and the system and procedure in the licensure examinations for the
practice of mechanical engineering and the corresponding weight pursuant to implementing
rules and regulations issued for this purpose.

The said subjects and their syllabi may be amended by the Board so as to conform to
technological changes brought about by continuing trends in the profession.

Section 18. Ratings. – To pass the examination, a candidate for a professional mechanical
engineer, a mechanical engineer, and certified plant mechanical must obtain an average of
seventy percent (70%) on all subjects, with no rating below fifty percent (50%) in any of the
subjects.

Section 19. Report of Ratings. – The Board should submit to the Commission, the ratings
obtained by each candidate within fifteen (15) days after the examinations, unless extended for
just cause.
Section 20. Re-examination. – An applicant who fails to pass the examination for the third time
shall be allowed to take another examination only after the lapse of one year.

Section 21. Oath. – All successful candidates in the examination shall be required to take an
oath of profession before the Board or any government official authorized to administer oaths,
prior to entering upon the practice of the mechanical engineering.

Section 22. Issuance of Certificates of Registration and Professional License. – Upon payment
of the registration fee as established by the Commission, the Board shall issue a certificate of
registration to any applicant who has met all the requirements specified in this Act for the
particular category he is registering in.

All certificates of registration shall indicate the full name of the registrants, signed by all the
members of the Board and the Commission and affixed with the official seal of the
Commission. The issuance of a certificate of registration by the Board to a registrant is
evidence that the person named therein is entitled to all the privileges of a registered and
licensed professional mechanical engineer, mechanical engineer or certified plant mechanic, as
the case may be, for as long as said certificate remains valid.

A professional license bearing the registration number, date of issuance, expiry date and duly
signed by the chairman of the Board, shall likewise be issued to every registrant, provided that
professional fees have been paid. No person shall practice mechanical engineering in this
country unless such person shall have secured a license to practice Mechanical Engineering in
the manner herein provided. A licensee is entitled to practice the profession with all the
privileges appurtenant thereto until the expiration of the validity of his license.

Subject to the approval of the Commission, certificates of specialty shall be issued by the
Board, subject to the approval of the Commission to Professional Mechanical Engineers who
have been screened and recommended by accredited mechanical engineers association. These
are for specific fields in which the applicants have specialized knowledge, training and
experience and have documented their competence and expertise. The Board, shall subject to
the approval of the Commission, and after consultation with said association concerned,
prescribe and issue the necessary guidelines for the issuance of these certificates.

Section 23. Integration and Accreditation of Mechanical Engineers. – An integrated organization

of mechanical engineers shall be created and accredited by the Board of Mechanical
Engineering and the Professional Regulation Commission. All persons whose names now
appear in the roll of professional mechanical engineers, mechanical engineers, and certified
plant mechanics under the custody of the Board and the Commission, or those who may
hereafter be included therein upon registration and payment of the required fees shall
automatically become members of the integrated and accredited organization of mechanical
engineers. The integration of the mechanical engineering profession shall not be a bar to the
formation of voluntary organization of mechanical engineers which may coexist with the
integrated and accredited organization of mechanical engineers. The Board, subject to the
approval by the Commission and after consultation with the existing accredited organization of
mechanical and other affiliated organization of mechanical engineers and, if possible with the
substantial number of the mechanical engineers who are non-organization members, shall
provide the guidelines and mechanisms for the establishment and creation continued
supervision of the integrated and accredited organization of mechanical engineers. The
registered and licensed engineers and certified plant mechanics shall receive the benefits and
privileges appurtenant to their membership in duly integrated and accredited mechanical
engineering association only upon payment of the required fees and dues.

Section 24. Seal of a Professional Mechanical Engineer. – A professional mechanical engineer

shall, upon registration, obtain a seal of such design prescribed by the Board, bearing the
registrant's name, the certificate number and the legend "Professional Mechanical Engineer."
Designs, plans, specifications, project feasibility studies, appraisals, recommendations,
technical reports, proposals, and other professional documents involving mechanical
equipment, works, projects or plants shall be stamped on every sheet with said seal of the
registrant when filed with government authorities or when submitted or used professionally:
Provided, That it shall be submitted or used professionally: Provided, that it shall be unlawful for
any one to stamp or seal any document with the said seal after the certificate shall have been
revoked or cancelled.

Section 25. Non-issuance of Certificate for Certain Grounds. – The Board shall not issue a
certificate of registration to any person convicted by court of competent jurisdiction of any
crime involving moral turpitude, or immoral or dishonorable conduct or any person of unsound
mind declared by a court of competent jurisdiction, furnishing the party concerned a written
statement containing the reasons for such action, which statement shall be incorporated in the
records of the Board.

Section 26. Revocation and Suspension of Certificate. – The Board shall have the power, upon
proper notice and hearing, to suspend or revoke any certificate of registration of any registrant
for any cause specified in the preceding section, or for the use in whatever way of any fraud or
deceit in obtaining a certificate of registration, or for gross negligence or incompetence or for
unprofessional or dishonorable conduct and for violation of the code of ethics for mechanical
engineers and certified plant mechanics: Provided, That the action of the Board shall be subject
to appeal to the Commission within fifteen (15) days from notice, whose decision on the matter
shall be final.

Section 27. Grounds for Suspension and Revocation of Licenses, Cancellation of

Temporary/Special Permit. – The Board shall have the power, upon due notice and hearing, to
revoke or suspend the license of mechanical engineers, or to cancel a temporary/special permit
for any cause specified in the preceding sections, including but not limited to: the use or
perpetuation of any fraud or deceit in obtaining a certificate of registration, or for competence,
negligence, or for abatement of the illegal practice of mechanical engineering, violation of the
provisions of this Act, its implementing Rules and Regulations and/or violations of Policies of
the Board including the Code of Ethics for Mechanical Engineering: Provided, however, That
such action of the Board shall be 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. Reinstatement and Replacement of the Certificates. – The Board, upon application
and for reasons of equity and justice, may reinstate the validity of a revoked certificate of
registration and professional license, upon payment of the required fees, at least two (2) years
after revocation. A new certificate of registration to replace any certificate lost, destroyed or
mutilated may be issued, subject to the rules of the Board, and upon payment of the required
fee.

Section 29. Renewal of License. – The professional license shall serve as evidence that the
licensee can lawfully practice his profession until the expiration of its validity. However, renewal
of license can only be done upon payment of renewal fee corresponding to three (3)
consecutive years.

Section 30. Vested Rights: Automatic Registration of Practicing Mechanical Engineers. – All
practicing Mechanical Engineer who are registered at the time this Act takes effect, shall
automatically be registered.

Section 31. Coverage of Temporary/Special Permits. – The following shall be required to secure
a Temporary/Special Permit from the Board subject to the approval by the Commission.
(a) Mechanical engineers, installation, commission or guarantee engineers from other countries
called in for consultation or for a specific design or installation, project not requiring more than
three (3) months residence in the Philippines in a twelve (12) month period: Provided, That such
engineers are legally qualified to practice mechanical engineering in their own country or state
in which the requirements and qualifications for obtaining a certificate of registration are at
least equal to or more than those specified in this Act as certified by the Board;

(b) Foreigners employed as technical officers, training officers or consultants in such special
branches of mechanical engineering who, in the judgment of the Board, are necessary and
advantageous for the country particularly in the aspects of technology transfer, may be issued
temporary permits: Provided, That such engagements have satisfied conditions, as may be
deemed necessary as follows:

(1) Non-availability of a mechanical engineer and/or mechanic in the country who is competent,
able and willing at the time of engagement to perform the service for which the foreigner is
desired for;

(2) The foreigner must have been in the prior employ of the engaging firm, or its foreign
business partner, outside of the Philippines for a period of not less than one (1) year
immediately preceding the date of his engagement;

(3) Any particular or specific engagement shall not be in excess of six (6) months but may be
renewed once, if necessary except when such engagement is for a newly established firm in
which case the period of engagement may be for a longer term but not to exceed a total term of
two (2) years.

Section 32. Indication of License and Professional Tax Receipt. – The Mechanical Engineer
shall be required to indicate his Professional License number, the duration of validity, including
the professional tax receipt number on the documents he signs, uses or issues in connection
with practice of his profession.

ARTICLE IV

PRACTICE OF THE PROFESSION

Sec. 33. Field of Action Authorized for Each Category: Prohibition. – It shall be unlawful for any
person, unless authorized under this Act:

(a) to be in responsible charge of the preparation of plans, designs, investigations, valuation,

technical reports, specifications, project studies or estimates or to be in performance of other
professional mechanical engineering activities unless he is a duly licensed Professional
Mechanical Engineer.

(b) to teach professional subjects in mechanical engineering course unless he is a duly licensed
Professional Mechanical Engineer, or a Master's degree, or Doctorate degree holder in
mechanical engineering.

(c) to be in responsible charge of the construction, erection, installation, alteration, or of the

performance of a mechanical engineering service in connection with the manufacture, sale,
supply or distribution of any mechanical works, project or plant either for himself or for other,
unless he is a duly registered Professional Mechanical Engineer or Mechanical Engineer.

(d) to operate, tend or maintain, or be in-charge of the operation, tending, or maintenance of any
mechanical works, projects, plant of 100 kw., or more but not more than 300 kw unless he is a
duly licensed Professional Mechanical Engineer, Mechanical Engineer or Certified Plant
Mechanic.

(e) to operate, tend, or maintain, or be in-charge of the operation, tending, or maintenance of any
mechanical equipment, machinery or process for any mechanical works, projects or plants of
300 kilowatts or above but not more than 2000 kw unless he is a duly licensed Professional
Mechanical Engineer or Mechanical Engineer.

(f) to operate, tend or maintain, or to be in charge of the operation, tending or maintenance of

any mechanical equipment, machinery process for any mechanical works, projects or plants of
over 2000 kw unless he is a duly licensed Professional Mechanical Engineer.

Section 34. Personnel Required in Mechanical Plant. – Every mechanical work project or plant in
operation shall have not less than the following complement of resident licensed professional
mechanical engineer, mechanical engineer or certified plant mechanic:
(a) 100 kw or over but not more than 300 kw: one (1) certified plant mechanic, or more
mechanical engineer or one (1) professional mechanic engineer: Provided, That every
mechanical work, project, or plant in this category operating in more than one shift every
twenty-four hours, shall have in addition to the minimum personnel herein required, one (1)
certified plant mechanical, or one (1) mechanical engineer, or one (1) professional mechanical
engineer in-charge of each and every additional shift.

(b) 300 kw or over, but not more than 2000 kw: one (1) mechanical engineer or one (1)
professional mechanical engineer or one (1) professional mechanical engineer: Provided, That
every mechanical work, project, or plant in this category operating in more than one shift every
twenty-four (24) hours shall have, in addition to the minimum personnel herein required at least
one (1) mechanical engineer, or one (1) professional mechanical engineer in-charge of each and
every additional shift.

(c) Over 2000 kw: one (1) professional mechanical engineer: Provided, That every mechanical
work, project or plant in this category operating in more than one shift every twenty-four (24)
hours shall have, in addition to the minimum personnel herein required at least one (1)
professional mechanical engineer in-charge of each and every additional shift.

Section 35. Preparation of Plans and Supervision of Construction by Licensed Engineers

Required. – It shall be unlawful for any person to order or otherwise cause the fabrication,
construction, erection, installation or alteration of any mechanical equipment, machinery or
process for any mechanical works, projects, or plants, unless the designs, plans, layouts or
specifications have been prepared by or under the responsible charge of, and duly signed and
sealed by a Professional Mechanical Engineer.

Likewise, proposals and quotations for the supply and fabrication of mechanical equipment,
works, projects, plants, mechanical pollution abatement systems, mechanical fire protection
systems, pressurized pipes with a working pressure of not less than 70 kpa., shall be duly
signed and sealed by a Professional Mechanical Engineer.

Section 36. Practice Not Allowed for Firms and Corporations. – The practice of mechanical
engineering is a professional service, admission to which shall be determined upon the basis of
an individual's personal qualifications.
No firm, company partnership, association or corporation may be registered or licensed as such
for the practice of mechanical engineering: Provided, however, That persons properly registered
and licensed as mechanical engineers may form and obtain registration with Security and
Exchange Commission of a firm, partnership or association using the term "Mechanical
Engineers", and or "Architect and Mechanical Engineers" but nobody shall be a member, partner
or associate unless he is a duly registered and licensed mechanical engineer, and the members
who are mechanical engineers shall only render work and services proper for mechanical
engineers as defined in this Act.

Section 37. Posting of Certificates. – The owner, manager, or other person in-charge of any
mechanical works, projects, or plants of one hundred (100) kw or more, of a firm,
co-partnership, corporation or joint-stock association, shall post or cause to be posted in a
conspicuous place within such plant of business, the original certificate of registration of the
engineer or engineers and of the certified plant mechanic/s employed in such plant, in a frame
protected by transparent glass or its equivalent.

Section 38. Roster of Engineers and Mechanics. – A roster showing the names and place of
business of all registered professional mechanical engineers, mechanical engineers and
certified plant mechanics, shall be prepared by the commission which shall be made available
to any interested parties upon formal written request.

Section 39. Foreign Reciprocity. – No foreign mechanical engineer or mechanic shall be allowed
to practice mechanical engineering or be given a certificate of registration or be entitled to any
of the privileges under this Act unless he can prove in the manner provided by the rules of Court
or by specific provisions of law or regulations, that the country of which he is a subject or citizen
in the spirit of reciprocity, permits Filipino mechanical engineers and/or mechanics to practice
within its territorial limits on the same basis as the subject or citizens of such country or state.

Section 40. Enforcement of the Act by the Officers of the Law. – The Professional Regulation
Commission shall be the enforcement agency of the Board. As such, the Commission shall
implement the concerned provisions of this Act, enforce its implementing rules and regulations
as adopted by the Board, conduct investigations on complaints including violations of the Code
of Conduct of the profession and prosecute when so warranted.

It shall be the duty of all duly constituted authorities through the officers of the law of the
national government, or any provincial, city, or municipal government or any political subdivision
thereof, to enforce the provisions of this act and to prosecute any person violating the same.

Section 41. Qualification Requirements. – In a government or private institution where a

position requires a master's degree holder, a holder of professional mechanical engineer license
shall be eligible for the position. Likewise, 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 shall be considered for the position.

ARTICLE V

PENAL AND CONCLUDING PROVISIONS

Sec. 42. Penalties. – In addition to the administrative sanctions imposed under this Act any
person who violates any of the provisions of this Act and its rules and regulations shall, upon
conviction be penalized by a fine of not less than Fifty thousand pesos (P50,000.00) nor more
than Two hundred thousand pesos (P200,000.00), 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. Implementing Rules and Regulations. – The Board shall formulate and issue the
implementing rules and regulations to carry out the provisions of this Act.

Section 44. Funding Provisions. – Such sums may be necessary to carry out provisions of this
Act shall be included in the General Appropriations Act of the year following its enactment into
law and thereafter.

Section 45. Separability Clause. – If any section or portion of this Act shall be declared
unconstitutional or invalid, the same shall not invalidate all other sections or portions not
affected thereby.

Section 46. Repealing Clause. – Commonwealth Act No. 294, as amended by Republic Act No.
5336, is hereby repealed and all other laws, parts of law, orders, ordinances, or regulations
relative to the practice of mechanical engineering which are inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.

Section 47. Transitory Provisions. – (a) Mechanical Plant Engineers possessing valid
certificates of registration issued under Commonwealth Act No. 294 with BSME degree shall,
after the approval of this Act, register and be issued certificates as professional mechanical
engineers to replace their original certificate of registration upon payment of the required fees.

(b)Faculty Members currently teaching mechanical engineering professional subjects in

universities, colleges, institutes or schools shall not be allowed to continue teaching after five
(5) years from the approval of this Act, unless they are or have 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 or schools.

(c)The present Board shall continue to function in the interim until such time as the new Board
shall be constituted.

Section 48. Effectivity Clause. – This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or a major daily newspaper of general circulation in the
Philippines, whichever is earlier.

Approved: February 12, 1998

Preamble

Engineering is a profession as old as civilization. It is not only an important profession. It is also

learned one.

The Members of the Mechanical Engineering profession recognize that their work has a direct
and vital impact on the quality of life of the people.
The services that Mechanical Engineers provide is impressed with public interest for it affects
the health, safety and welfare of the people, hence, they should be honest, fair, impartial and just
in dealing not only with their client but also with their fellowmen.

As a professional, the Mechanical Engineer must practice his profession by observing a

standard of professional behavior that requires strict adherence to the principles of ethical and
professional conduct provided by the Code of Ethics of their profession.

Fundamental Canons

Mechanical Engineers in the fulfillment of their professional duties shall:

Hold paramount the safety, health, and welfare of the public in the performance of their
professional duties.

Perform services only in areas of their competence.

Make / Issue public statements on issues only in an objective and truthful manner.

Act in professional manner for each employer or client as faithful agents of trustees.

Avoid improper solicitation of clients of professional employment.

General Principles

Rule 1. The mechanical engineer shall, in the practice of his profession, be guided by the Golden
Rule, the ideals of service to man and his environment, and the need to secure unwavering
public confidence in his professional competence, integrity and humanity.
Rule 2. The mechanical engineer shall maintain the proper professional fee for his profession,
observe the standards of professional practice, safeguard the dignity, and reputation of his
colleagues in the profession, and fulfill his duties and obligations as a citizen of the Republic of
the Philippines.

Rule 3. The mechanical engineer shall update and enhance constantly his professional
knowledge and skills through assiduous research and study, and participation in continuing
professional development programs and seminars conducted or authorized by the integrated
Organization of Mechanical Engineers accredited by the Board of Mechanical Engineering and
the professional regulation commission (PRC) or education institutions supervised by the State.

Rule 4. The ethical principles required to be observed by mechanical engineers shall equally
apply to partnership, firms and entities organized and existing for the practice of mechanical
engineering.

Relations with the State

Rule 5. The mechanical engineer shall honor and respect the supreme authority of the state the
Rule of Law, the primacy of the general welfare, the fundamental rights of persons, and the
obligations and privileges of citizens recognized and guaranteed by the Constitution of the
Philippines.

Rule 6. He shall cooperate fully with the State in the pursuit of national development plans and
programs, shall respect the inviolability of national security, shall assist in the promotion of
peace and order and when circumstances arise shall assist in the prevention and/ or
prosecution of unjust, criminal or unlawful acts and omissions.

Rule 7. He shall be ready to render the services needed for the development of the resources of
the country, and to offer his mechanical devices and inventions essential or necessary of
national defense.
Rule 8. In case of national emergency, he shall be ready to offer his professional knowledge,
skill and experience in the service of the State.

Relations with the Community

Rule 9. The mechanical engineer shall be well-informed of the latest technological progress in
his own line of work. He shall encourage or require whenever appropriate the use, or application
of standard mechanical equipment, machinery, or process for safety, economy and efficiency.

Rule 10. Whenever he designs a mechanical equipment, machinery or process, or prepares the
layout of a project, he must apply and adequate factor of safety, and provide for the necessary
leeway to insure and maintain for proper operating and maintenance condition.

Rule 11. When he discovers faulty or unsafe devices, equipment or machinery in any place, work
or plant, he shall without delay, give notice thereof to the proper authority, public or private, for
the immediate and effective correction, regardless of whether or not he is responsible for said
place, work or plant.

Relations with Labor

Rule 12. The mechanical engineer shall recognize labor as one of the major resources of our
country. He must acknowledge that a working man is not a mechanical robot but a human
being.

Rule 13. He should be familiar with State policies on labor and social justice, as well as, the
labor and social legislations and shall observe faithfully these policies and laws in dealing with
labor in general, and with his workmen in particular.
Rule 14. He shall strive to improve the skills of his workmen, pay them a fair living wage, and
instruct them on how to prevent accidents in their place of work.

Relations with Clients and Employers

Rule 15. The mechanical engineer shall observe punctuality in his appointments; perform
honestly and in good faith his contractual obligation and his duties and obligation to his client or
employer.

Rule 16. He shall treat with confidentiality any information obtained by him regarding the
business affairs and technical methods of processes of a client, or employer.

Rule 17. He shall inform his client or employer of his business connections, interest, or
affiliations which may influence his judgments, or impair the quality or character of his services.

Rule 18. The mechanical engineer is entitled to a just and fair compensation for his services. In
the computation of such compensation, the period of time consumed, his professional
knowledge, skill, experience, and reputation, and the depreciation of instruments and materials
used, shall be considered and accorded such as is just and reasonable.

Rule 19. He shall accept compensation, financial or otherwise, for his services from his clients
or employer only. He may agree to, or receive compensation from any other source only with the
full knowledge and consent of all parties concerned.

Rule 20. The mechanical engineer shall be completely above suspicion or reproach in his
relation with his clients or employers, avoiding the remotest reference or relations to any secret
or questionable agreement on commissions by or received from any person or entity other than
his client or employer.
Relations with Colleagues and Associates

Rule 21. “To thine own self be true and thou cannot be false to any men” expresses the duty
which a mechanical engineer owes to himself and to others.

Rule 22. The mechanical engineer shall use only fair means to gain professional advancement.
In the pursuit thereof, he shall not injure the work or employment opportunities of others, or use
any improper or questionable method of soliciting employment or clients.

Rule 23. He shall refrain from associating with, or allowing the use of his name by, and any
person or entity of questionable reputation.

Rule 24. He shall provide the opportunity and the means to improve and advance the knowledge,
skills, and experience of his colleagues and associates.

Rule 25. He shall define clearly the line of authority and scope of responsibility of his associates
and assistants. Orders, or the recall thereof, shall be issued through proper channels.

Rule 26. He shall be receptive to new ideas and suggestions from other, and ready to recognize,
encourage, and accredit the authors thereof. Suggestions for colleagues and associates shall
be given more careful attention.

Rule 27. He shall use tact and discretion in dealing with his colleagues and associates, but not
at the sacrifice of firmness. He shall work out difficult problem with courage and serenity.
Rule 28. Careful selection of understudies shall be a guiding principle, and preference shall be
given to those with adequate engineering education.

Rule 29. He shall not expect other to face danger that he himself will not face. He shall observe
at al times safety requirements for the protection of all concerned.

Rule 30. The mechanical engineer shall actively support the duly accredited association with the
end in view of enhancing the practice of the profession and discharging his public
responsibilities as a professional.

Rule 31. Violation of any provision of this Code Shall constitute a ground for the revocation or
suspension of the certificate of registration and professional license / professional
identification card or the cancellation of a temporary or special permit under the provisions of
Sec 26 and Sec. 27, Art. III of R.A. No. 8495, known as the “Mechanical Engineering Act of 1998”
and Sec. 41, Rule VII of the “Rules and Regulations Implementing R.A. No. 8495”.

Effectivity

Rule 32. This Code shall take effect after fifteen (15) days following its publication in full in the
Official Gazette or in a newspaper of general circulation, whichever comes earlier.

Done in the City of Manila, this 10th day of March, 2003.