|REPUBLIC ACT NO. 318 - AN
ACT TO REGULATE THE PRACTICE OF CHEMICAL ENGINEERING IN THE
PHILIPPINES, AND FOR OTHER PURPOSES |
Organization of Board
Section 1. Title of Act. – This Act shall be known as the "Chemical Engineering Law."
Sec. 2. Creation and Composition of Board. – Within thirty days after approval of this Act, there shall be created a Board of Examiners for Chemical Engineers to be composed of three members possessing the qualifications prescribed in Sec. 4 of this Act, appointed by the Secretary of Public Works and Communications and one of whom is to be designated as chairman. The first Board of Examiners for Chemical Engineers to be created herein shall each be issued a new certificate of registration as chemical engineer in accordance with the provisions of this Act.
Sec. 3. Powers vested in Board. – The Board of Examiners for Chemical Engineers is vested with authority conformably with the provisions of this Act, to administer oaths, to issue, suspend or revoke certificates of registration for the practice of chemical engineering, subject to the approval of the Secretary of Public Works and Communications, to investigate violations of this Act and for this purpose it may, under the hand of its chairman and seal of the Board, subpoena or subpoena duces tecum witnesses and compel their attendance, to inspect industrial plants, chemical engineering schools, and to determine the complement of chemical engineers and technical personnel needed for said plants and schools as provided for in this Act and to discharge such other duties as the Board may deem necessary for the maintenance of efficient ethical and technical standards of the chemical engineering profession in the Philippines for the public well-being and safeguarding of life, health and property.
The Board shall exercise the powers conferred upon it by this Act, shall from time to time look into the conditions affecting the practice of chemical engineering in the Philippines, and whenever necessary, recommend to the Secretary of Public Works and Communications the adoption of such measures as may be deemed proper for the vigorous enforcement of this Act.
Sec. 4. Qualifications of board members. – The member of the Board shall, at the time of his appointment:
(1) Be a citizen of the Philippines;
(2) Be a holder of the degree of bachelor of science in chemical engineering conferred by a reputable and legally constituted college, institute or university;
(3) Be at least thirty years of age;
(4) Be a duly registered chemical engineer in the Philippines;
(5) Have had at least ten years of experience in chemical engineering; and
(6) Not be a member of the faculty of any school, college, or university where a regular course in chemical engineering is taught, nor have pecuniary interest in such institution.
Sec. 5. Term of office. – The members of the Board shall hold office for a term of one year after their appointment or until their successors will have been appointed and duly qualified. Vacancies shall be filled for the unexpired term only. Each member of the Board shall qualify by taking the proper oath of office prior to entering upon the performance of his duties.
Sec. 6. Executive officer and secretary of the Board. – The Commissioner of Civil Service shall be the executive officer of the Board and shall conduct the examinations given by it. The Secretary of the Board of Examiners appointed under Act Numbered Four thousand seven shall also be the Secretary of the Board. All records and minutes of the deliberations of the Board, including examination papers, shall be kept by the Bureau of Civil Service under the direct custody of the Secretary.
Sec. 7. Removal of board members. – The Secretary of Public Works and Communications may remove any member of the Board for continued neglect of duty or incompetency, or for unprofessional or dishonorable conduct, after having given the member concerned an opportunity to defend himself in a proper administrative investigation.
Sec. 8. Compensation of the board. – The members of the board shall each receive a compensation the sum of five pesos for each applicant examined or registered without examination as chemical engineer or for each applicant granted a certificate of proficiency. A member of the Board who is at the same time a government employee shall receive the compensation provided for herein in addition to his salary. All fees shall be received by the Bureau of Civil Service, which shall pay all authorized compensation and expenditures of the Board.
Sec. 9. Rules and regulations. – The Board may, subject to the approval of the Secretary of Public Works and Communications and with the advice and consent of the Commissioner of Civil Service, adopt such rules and regulations as may be necessary to carry out the provisions of this Act, including fees to be charged from industrial plants inspected in accordance with this Act, from which to defray expenses of the board in connection therewith and for other purposes conformably with the provisions of this Act. Penal provisions may be included in said regulations, which may prescribe a fine of not more than two hundred pesos or imprisonment for not more than two months, or both, in the discretion of the court, for violation of such regulations.
Section 10. Annual Report. – The Secretary of the board shall submit an annual report to the Secretary of Public Works and Communications after the close of each fiscal year giving a detailed account of the proceedings of the Board during the year and embodying such recommendations as the Board may desire to make.
Registration and examination
Section 11. Inhibition from practicing chemical engineering. – Unless exempt from registration, no person shall practice or offer to practice chemical engineering in the Philippines as defined in this Act without having previously obtained a certificate of registration from the Board of Examiners for Chemical Engineers created under this Act.
Section 12. Definition of terms. – (a) What constitute practice of chemical engineering: A person shall be deemed to be practicing chemical engineering or rendering chemical engineering service within the meaning and intent of this Act who shall, for a fee, salary or other reward or compensation, paid to him or through another person, or even without such reward or compensation, render or offer to render professional chemical engineering service in the form of consultation, investigation, valuation, planning, designing or preparation of specifications for or estimates of industrial plants; or undertake the supervision of construction, erection, installation, alteration or operation of industrial plants.
(b) The term industrial plant as used in this Act, shall mean any plant in which the process and unit operation are involved.
(c) The term unit process as used in this Act, shall mean the type of chemical change which is involved in the manufacture of industrial products.
(d) The term unit operation as used in this Act, shall mean a type of physical operation by which a desired step in a industrial process is controlled or conducted.
Section 13. Exemption from registration. – Registration shall not be required of the following classes of persons upon proper application for exemption with the Board of Examiners for Chemical Engineers:
(a) Foreign chemical engineers called in by the Republic of the Philippines for consultation or for a specific design or installation, or project: Provided, That their practice shall be confined to such work: And provided, further, That said engineers are legally qualified to practice chemical engineering in their own state or country and that the requirements and qualifications for obtaining a certificate of registration in said state or country are not lower than those specified in this Act.
(b) Foreigners employed as technical officers, professors, or consultants in such special branches of chemical engineering as may, upon the recommendation of the Board and in the judgment of the Secretary of Public Works and Communications, be necessary and indispensable for the country. Provided, however, That they do not engage in private practice at their own account as chemical engineers.
(c) Foreigners who, on the date of the approval of this Act, had been in the actual and bona fide practice of chemical engineering for at least five (5) years in the Philippines as certified by the Secretary of Public Works and Communications.
(d) Foreigners who, on the date of the approval of this Act, had been in the actual and bona fide practice of chemical engineering in their respective countries for at least five (5) years: Provided, That no foreign chemical engineer shall be allowed to practice his profession in the Philippines unless the country of which he is a citizen or subject permits Filipino chemical engineers to practice their profession within its territorial limits.
Section 14. Examination required. – Except as otherwise specifically allowed under the provisions of this Act, all applicants for registration for the practice of chemical engineering shall be required to undergo an examination as provided for in this Act.
Section 15. Qualifications for examination. – In order to be admitted to the chemical engineering examination, an applicant shall be establish to the satisfaction of the Board that:
(1) He is a citizen of the Philippines;
(2) He is at least twenty-one years of age;
(3) He is of good reputation and moral character; and
(4) He is a holder of the degree of bachelor of science in chemical engineering or its equivalent from a school or college recognized by the Government, the course for which covers not less than the total number of credit units equivalent to the four-year regular course in chemical engineering.
Section 16. Date and scope of examination. – Examinations for the practice of chemical engineering in the Philippines shall be given on the second Monday of January and July of each year. The examination shall cover questions relating to general inorganic, organic, analytical, and industrial chemistry, physical chemistry, applied mechanics, chemical engineering, and engineering law and ethics: Provided, That the relative weight of the chemical engineering subject shall not be less than forty per cent.
Section 17. Report of ratings. – The Board of Examiners for Chemical Engineers shall, within ninety days after the examination, report the ratings obtained by each candidate to the Commissioner of Civil Service, who shall with his recommendation submit such ratings to the Secretary of Public Works and Communications for approval.
Section 18. Issuance of certificates. – The Board of Examiners for Chemical Engineers shall, within one year after the approval of this Act, issue certificates of registration as chemical engineer to any applicant who on the date of the approval of this Act is:
(a) A Filipino citizen;
(b) At least 25 years of age;
(c) Of good moral character; and
(d) A holder of a certificate of registration as chemical engineer under Act Numbered Two thousand nine hundred and eighty-five, as amended; or a holder of the degree of Bachelor of Science in Chemical Engineering (B.S.Ch.E.) or its equivalent, and has practiced the profession as defined in this Act for a period of not less than five years.
Provided, however, That persons who on the date of the approval of this Act are employed in industrial plants and have been engaged in the practice of chemical engineering or have been rendering chemical engineering service for a period of at least five years without serious accident as certified to by their employers may be granted, upon application within one year after the approval hereof and in the discretion of the Board, a certificate of proficiency in that branch of chemical engineering wherein he had been practicing. Such certificate shall entitle the holder to practice in that branch of chemical engineering for which he has qualified.
Every certificate of registration shall show the full name of the registrant, have a serial number, and be signed by the members of the Board, the Secretary of Public Works and Communications, and the Executive Officer of the Board and shall be authenticated by the official seal of the Department of Public Works and Communications.
Section 19. Fees for examination and registration. – Every applicant for examination as chemical engineer shall pay a fee of thirty pesos and for registration, ten pesos: Provided, however, That an applicant for registration without examination in accordance with the preceding section shall pay the fee of forty pesos and for a certificate of proficiency, thirty pesos.
Sec. 20. Reprimand, suspension and revocation of certificates. – The Board shall have the power to reprimand any registrant after giving him proper notice and hearing, or suspend or revoke his certificate of registration for any cause specified in this Section, or for the use or perpetration of any fraud or deceit in obtaining said certificate, or for gross negligence or incompetency, or for unprofessional, dishonorable, or immoral conduct: Provided, however, That the action of the Board in the exercise of this power shall be appealable to the Secretary of Public Works and Communications whose decision shall be final.
It shall be sufficient for the revocation of a certificate issued under this Act on the ground of unprofessional or dishonorable conduct on the part of a registrant, that he has:
(1) Signed any plan, design, technical report, valuation, specification, estimate or other similar documents, or works not prepared by him nor executed under his immediate supervision, or
(2) Represented himself as having taken charge of, undertaken or supervised the design, construction, erection, installation or alteration of industrial plants or chemical works, projects or plants, without actually having done so, or
(3) Represented himself as having performed chemical engineering service in connection with the manufacture of chemical and industrial products without actually having done so, or
(4) Represented himself as having managed, operated, acted as superintendent of, or maintained an industrial plant without having done so.
Any person or persons, firm, association or corporation may prefer charges in accordance with the provisions of this Section against any registrant, or the Board itself may motu proprio investigate and take cognizance of acts and practices constituting sufficient cause for suspension or revocation of the certificates of registration by proper order or resolution. Such charges shall be in writing and shall be sworn to, by the person making them and shall be filed with the Secretary of the Board.
Sec. 21. Reissue of revoked certificate and replacement of lost certificate. – The Board may, after the expiration of one year from the date of revocation of a certificate of registration, for reasons it may deem sufficient, entertain any application for a new certificate of registration from a person whose certificate has been revoked, in the same manner as application for an original certificate and in doing so it may, in its discretion, exempt the applicant from the necessity of undergoing another examination.
A new certificate of registration to replace any certificate lost, destroyed or mutilated may be issued subject to the rules of the Board and a charge of five pesos shall be made for such issuance.
Sundry Provisions Relative to the Practice of Chemical Engineering
Sec. 22. Prohibitions in the practice of chemical engineering – Penal provisions. – Any person who shall practice chemical engineering in the Philippines as defined in this Act, without a certificate of registration or certificate of proficiency issued in accordance with the provisions of this Act, or has been declared exempt, or any person presenting or using as his own the certificate of registration of another, or any person who shall give any false or forged evidence to the Board in obtaining a certificate of registration, or any person who shall impersonate any registrant of like or different name, or any person who shall use a revoked or suspended certificate of registration, or any person who shall assume, use, or advertise any title or description tending to convey the impression that he is a chemical engineer or is engaged in chemical engineering practice, without holding a valid certificate of registration or certificate of proficiency from the Board, or any person who shall violate any provision of this Act, shall be guilty of misdemeanor and shall upon conviction, be sentenced to a fine of not less than one hundred pesos nor more than one thousand pesos or to suffer imprisonment for a period of not less than one month nor more than one year, or both, in the discretion of the Court.
Sec. 23. Application to firms and corporations. – A firm, co-partnership, company, corporation, or association can engage in the practice of chemical engineering in the Philippines, provided only that such practice is carried out by chemical engineers holding valid certificates of registration and in the regular employ of said firm, co-partnership, company, corporation or association, or by persons holding valid certificates of proficiency issued by the Board for the particular branch of chemical engineering involved in such practice.
In case of a firm, co-partnership, company, corporation, or association, the manager, administrator or the person who has charge of the management or administration of the business shall be held personally liable for any violation of this Act.
Sec. 24. Posting of certificate. – The owner, manager, or other person in charge of any industrial plant or a firm, co-partnership, company, corporation, or joint-stock association shall post or cause to be posted in a conspicuous place within such plant or project or other place of business, the certificates of registration of the chemical engineers employed therein.
Sec. 25. Roster of engineers. – A roster showing the names and places of business of all registered chemical engineers or persons holding certificates of proficiency issued by the Board, shall be prepared by the Secretary of the Board annually, commencing one year from the date this Act becomes effective. Copies of this roster shall be mailed to each person so registered, placed on file with the Secretary of Public Works and Communications, and furnished to all Department Heads, to mayors of all chartered cities, to the Director of Public Works, and government agencies, municipal and provincial authorities as may be deemed necessary and to the public upon request.
Sec. 26. Foreign reciprocity. – Except in the case of persons otherwise exempt under the provisions of this Act, no foreign chemical engineer shall be granted any of the rights or privileges under this Act, unless the country of which he is a subject or citizen permits Filipino chemical engineers to practice within its territorial limits on the same basis as the subjects or citizens of such country.
Sec. 27. Enforcement of the Act by officers of the law. – It shall be the duty of all duly constituted officers of the law, of the National Government, or of any provincial, city or municipal government, to enforce the provisions of this Act and to prosecute any person violating the same. The Secretary of Justice shall act as the legal adviser of the Board and render such legal assistance as may be necessary in carrying out the provisions of this Act.
Sec. 28. Act not affecting other professions. – This Act shall not be construed to affect or prevent the practice of other legally established professions in the Philippines.
Sec. 29. The sum of two thousand pesos is hereby appropriated out of any funds in the National Treasury not otherwise appropriated to be disbursed by the Secretary of Public Works and Communications in accordance with the provisions of this Act. All sums collected in accordance with this Act shall be paid into the National Treasury as part of the general funds thereof: Provided, That during the first twelve months of the operation of this Act, any portion of this sum collected may be used for the purpose of this Act to cover disbursements in excess of the amount appropriated herein.
Sec. 30. If any section or sections of this Act shall be declared unconstitutional or invalid, this shall not invalidate any other section hereof.
Sec. 31. All laws, parts of the laws, orders, ordinances, or regulations in conflict with the provisions of this Act, including parts of Act Numbered Twenty-nine Hundred and Eighty-five, as amended, as pertain to the practice of chemical engineering shall be, and are hereby repealed.
Sec. 32. This Act shall take effect upon its approval.
Approved: June 19, 1948