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PGCAA-MC-29J15-

Republika ng Pilipinas

KAGAWARAN NG KATARUNGAN

Department of Justice

Manila

MEMORANDUM CIRCULAR NO. 05

TO

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SUBJECT

DATE

DOJ Library

Undersecretaries and Assistant SecretariesThe Prosecutor GeneraiThe Chief State CounseiHeads of Bureaus, Commissions and

Offices attached to the DOJAii Concerned

Republic Act No. 10688

29 October 2015

Transmitted herewith, for the records of the Department Library, is a certified copy ofRepublic Act No. 10688, entitled, "AN ACT REGULATING THE PRACTICE OFMETALLURGICAL ENGINEERING IN THE PHILIPPINES, REPEALING FOR THISPURPOSE PRESIDENTIAL DECREE NUMBERED 1536, OTHERWISE KNOWN ASTHE ^METALLURGICAL ENGINEERING LAW OF THE PHILIPPINES,' AND FOROTHER PURPOSES," which.was approved on 20 October 2015.

For information and guidance.

Prosecutor General CLARO A. ARELLANOOfficer-In-Charge, Department of Justice

Enclosed: As stated.

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Manila, October 21, 2015

HON. ALFREDO BENJAMIN S. CAGUIOASecretaryDepartment of JusticeManila

Sir:

I have the honor to transmit for your information and guidance,a certified copy of Republic Act No. 10688 which was approved on October20, 2015 entitled "AN ACT REGULATING THE PRACTICE OFMETALLURGICAL ENGINEERING IN THE PHILIPPINES, REPEALINGFOR THIS PURPOSE PRESIDENTIAL DECREE NUMBERED 1536,OTHERWISE KNOWN AS THE "METALLURGICAL ENGINEERING LAWOF THE PHILIPPINES", AND FOR OTHER PURPOSES."

Thank you.

Very truly yours.

MARIANITO M. DIMAANDAL

Director IV

M-128 Mabini Hall, Malacanang, Manila Trunkline 784-4286 loc. 4029/ 4123/ 4153

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S. No. 2103

H. No. 5014

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Begun and held in Metro Manila, on Monday, the twenty-seventhday of July, two thousand fifteen.

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[Republic Act No. 10688]AN ACT REGULATING THE PRACTICE OF

METALLURGICAL ENGINEERING IN THEPHILIPPINES, REPEALING FOR THIS PURPOSEPRESIDENTIAL DEGREE NUMBERED 1536,OTHERWISE KNOWN AS THE "METALLURGICALENGINEERING LAW OF THE PHILIPPINES", ANDFOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of thePhilippines in Congress assembled:

ARTICLE I

Title, Statement of Policy, Definition ofTerms and Scope of practice

Section l. Title. - This Act shall be known as the"Metallurgical Engineering Act of 2015".

Sec. 2. Statement of Policy. - The State recognizes theimportance of metallurgical engineers in nation-building anddevelopment. Thus, the State shall develop and nurturecompetent, virtuous, productive and well-rounded metallurgicalengineers whose standard of professional practice and serviceshall be excellent, world-class and globally competitive throughregulatory measures, programs and activities.

Sec. 3. Objectives. —This Act shall govern but shall notbe limited to:

(a) The examination, registration and licensure ofmetallurgical engineers;

(b) The supervision, control and regulation of the practiceof metallurgical engineering;

(c) The development and upgrading of the curriculum ofthe metallurgical engineering profession in conformity with theapproved curriculum of the Commission on Higher Education(CHED);

(d) The development of the professional competence ofmetallurgical engineers through continuing professionaleducation; and

(e) The integration of'the metallurgical engineeringprofession.

Sec. 4. Definition of Terms. - As used in this Act, thefollowing terms shall be defined as foUows:

(a) Practice of Metallurgical Engineering refers to theoffering or rendering of services of any oT'the specializedbranches of metallurgy for a fee, salary or other reward orcompensation, paid directly or through another person orpersons, or even without such reward or compensation. Theterm shall be synonymous with the term "renderingmetallurgical engineering services".

(b) Metallurgical Engineering refers to the professionwhich embraces the scientific, engineering, environmental andeconomic aspects of:

(1) Mineral Processing and Extractive Metallurgy. -Preparation, separation, extraction and purification of ores,metals and mineral products by physical and chemical methodsuch as ore dressing, pyrometallurgical processes such asroasting and smelting, hydrometallurgical processes such asleaching, electrometallurgical processes such as electricsmelting and electrolysis and other similar processes;

(2) Adaptive and Physical Metallurgy. —Processes whichpertain to the adaptation and apphcation of metals such asmelting, casting, forging, rolling, extrusion, welding and othermetal working and finishing operations. These include unitoperations relating to the control of microstructure of metalsand their alloys such as heat treatment and surface hardening,and quality control in allowing operations to meet specificationof metal aUoys and metallographic studies. These also applyto powder, mechanical, nuclear and vacuum metallurgy; and

(3) Fuel Technology. - Fuel preparation processes suchas washing, flotation and heavy media separation includingcarbonization, gasification and coking operations.

(c) Metallurgical Plant refers to any facility involved inprocesses which include, but not hmited to, the following:

-41) Preparation, separation, concentration of minerals, coaland metallurgical fuels;

(2) Extraction of metals such as hydrometallurgical,pyrometallurgical and electrometallurgical processes; and

(3) Adaptation and apphcation of metals such as melting,casting, forging, rolling, extrusion, powder metallurgy, heattreatment, welding and other metal working and finishingoperations.

(d) Metallurgical Engineer refers to a person who holdsa vahd certificate of registration and professional identificationcard issued by the Board ofM§t'alh^gical Engineering and theProfessional Regulation Commission.

Sec. 5. Scope of Practice. —Metallur^cal engineeringservice shall embrace the following similar services in relationto metallurgical plants:

(a) Consultation, valuation and management servicesrequiring metallurgical engineering skills and know-how;

(b) Engineering design, preparation of plans, specificationsand project studies or estimates for metallurgical equipmentand processes;

(c) Management or supervision of the testing andcommissioning of metallxirgical plants;

(d) Management, supervision, operation and auditing ofmetallurgical plants;

(e) Teaching of metallurgical engineering subjects ingovernment-recognized universities, colleges and schools;

(f) Employment in government as a metallurgicalengineer if the nature and character of the work requiresprofessional knowledge of metallurgical engineering;

(g) Metallurgical investigation and testing of mineral andmetal products; ^

(h) Training of metallurgical plant operating personnel;

(i) Research and development;

(j) Participation in the preparation of environmentalstudies for metallurgical projects and monitoring under theEnvironmental Impact Assessment (EIA) system;

(k) Teaching of metallurgical engineering subjects in anyacademic program leading to a professional degree, includingrefresher and review courses; and

(1) Other metallurgical work or service which, in theassessment and opinion of the Board, constitutes the practiceof metallurgical engineering.

ARTICLE II

CREATION OF THE PROFESSIONAL REGULATORYBOARD OF METALLURGICAL ENGINEERING

Sec. 6. Creation and Composition of the ProfessionalRegulatory Board of Metallurgical Engineering. - There ishereby created a Professional Regulatory Board of MetallurgicalEngineering, hereinafter called the Board, under theadministrative control and supervision of the ProfessionalRegulation Commission, hereinafter called the Commission, tobe composed of a chairperson and two (2) members to beappointed by the President of the Philippines from a list ofthree (3) recommendees for each position, chosen and rankedin the order of preference and submitted by the Commissionfrom a list of five (5) nominees submitted by the dulyaccredited professional organization of metallurgical engineersin the Philippines. The Board shall be organized not later thansix (6) months from the effectivity of this Act.

Sec. 7. Powers and Duties of the Board. - The Boardshall have the following powers and duties:

(a) Supervise and regulate the practice of metallurgicalengineering profession;

"^(b) Determine and evaluate the qualifications of theapplicants for registration;

(c) Prescribe the subjects in the licensure examinations,determine the syllabi of the subjects and their relative weights,construct the test questions in the examinations, score andrate the examination papers, and submit the examinationresults to the Commission;

(d) Issue, together with the Commission, certificates ofregistration and professional identification cards to applicantswho have passed the licensure examinations for registeredmetallurgical engineers;

S' ..(e) Issue special/temporary permifs to foreign metallurgical

engineers to practice the profession;

(f) Inquire into conditions affecting the practice of theprofession and adopt measures for the enhancement andmaintenance of high professional, ethical and technicalstandards. Pursuant thereto, the Board may inspectestablishments where metallurgical engineers practice theirprofession such as factories, plants, offices and the like, inorder to determine and enforce compHance with the provisionsof this Act, and issue certificates of compliance for thepurpose;

(g) Assess the faculty and other aspects directly relatedto the metallurgical engineering program of educationalinstitutions in coordination with the CHED;

(h) Adopt the implementing rules and regulations (IRR)necessary for carrying out the provisions of this Act;

(i) Adopt a Code of Ethics and a Code of Professional andTechnical Standards for the practice of the metallurgicalengineering profession;

(j) Investigate, in accordance with the rules onadministrative investigation promulgated by the Commission,violations of this Act and its IRR, the Code of Ethics and theCode of Professional and Technical Standards for MetahmgicalEngineers, administrative policies, orders and issuancespromulgated by the Board;

(k) Issue subpoena duces tecum to secure the attendanceof witnesses or the production of documents in connection withadministrative cases before the Board;

(1) Hear and decide administrative cases filed againstmetallurgical engineers and firms employing metallurgicalengineers. The hearing shall be presided by. the chairpersonor a member of the Board with the assistance of an attorneyof the Commission. The decision of the Board may be appealedto the Commission and to the court within fifteen (15) daysfrom notice, otherwise the decision shall become final andexecutory;

(m) Administer oaths in connection with the performanceof its functions;

(n) Adopt an official seal and prescribe the seal of themetallurgical engineering profession;

(o) Submit an annual report on the proceedings andaccompHshments during the year and/or recommendations ofthe Board to the Commission thirty (30) days after the closeof each calendar year;

(p) Prosecute or institute criminal action against anyviolator of this Act and/or rules and regulations of the Board;

(q) Prescribe guidelines and criteria on the ContinuingProfessional Education (CPE) program for metallurgicalengineers in consultation with the integrated and accreditedprofessional organization of metallurgical engineers; and

(r) Perform regulatory, administrative and quasi-legislative functions as mandated under Republic Act No. 8981,otherwise known as the "PRC Modernization Act of 2000", andsuch other functions as may be necessary in order toimplement the provisions of this Act.

Sec. 8. Qualifications of the Chairperson and Membersof the Board. - The chairperson and members of the Board,at the time of their appointment, must be:

(a) A citizen and a resident of the Philippines;

(b) A holder of a bachelor's degree in metallurgicalen^eering as conferred by an engineering school of goodstanding, recognized and accredited by the government;

(c) A registered metallurgical engineer with a validcertificate of registration and professional identification cardand an active practitioner for not less than ten (10) continuousyears prior to the appointment;

(d) A person who does not have any direct or indirectpecuniary interest in any university, college, school orinstitution conferring an academic degree necessary for theadmission to the practice of metallurgical engineering, or inany institution where review classes in preparation for thehcensure examinations for metalhiirgical engineers are beingofficially offered or conducted; and hot be a member of thefaculty or of the administration thereof prior to appointmentto the Board; and

(e) A member of the Accredited Professional Organization(APO) of meta;llurgical engineers but not a trustee or officerthereof.

Sec. 9. Term of Office. - The chairperson and themembers of the Board shall hold office for a term of three (3)years from the date of appointment or until their successorsshall have been appointed and duly qualified. They may bereappointed for another term of three (3) years immediatelyafter the expiration of their term but in no case shall thewhole term exceed six (6) years. Interim vacancies shall befilled for the unexpired portion of the term only.

The chairperson and members of the Board shall takethe proper oath prior to the assumption of office.

Sec. 10. Compensation, of the Board. —The chairpersonand members of the Board shall receive compensation andallowances comparable to that being received by thechairperson and members of other professional regulatoryboards under the Commission as provided for in the GeneralAppropriations Act.

Sec. 11. Custodian of Records, Secretariat and Support.- All records of the Board, including applications forexaminations, examination papers and resxilts, minutes ofmeetings, dehberations of administrative and other investigativecases involving the Board shall be kept by the Commission.The Commission shall designate the secretary of the Board andshall provide secretariat and other support services toimplement the provisions of this Act.

Sec. 12. Grounds for Removal or Suspension of theChairperson and Members of the Board. - The President ofthe Philippines, upon the recommendation offhe Commission,after due process and administrative investigation conductedby the Commission, may remove or suspend the chairpersonor a member of the Board on any of the following grounds;

fa) Gross neglect, incompetence or dishonesty in thedischarge of their duties;

(b) Violation of any of the causes/grounds and theprohibited acts provided in this Act and'tEe offenses in theRevised Penal Code, the Anti-Graft and Corrupt Practices Actand other laws; or

(c) Manipulation or rigging of the licensure examinationresult for metallurgical engineering, disclosure of secret andconfidential information on the examination questions prior tothe conduct thereof, or tampering of grades.

SEC. 13. Annual Report. —The Board shall submit anannual report to the Commission after the close of eachcalendar year giving detailed accounts of Board proceedingsduring the year and embodying such recommendations as theBoard may desire to take.

ARTICLE III

LICENSURE EXAMINATION AND REGISTRATION

Sec. 14. Passing of Licensure Examination Requirement.— Except as otherwise speciELcaUy allowed under this Act,applicants for registration for the practice of metallurgicalengineering shall be required to pass a licensure examinationas provided for in this Act.

Sec. 15. Holding of Examination. — Examination ofcandidates appljhng for registration as metallurgical engineershall be given at least once a year in such places and datesas the Commission may designate in accordance with theprovisions of Repubhc Act No. 8981.

Sec. 16. Scope of Examination. —Unless modified bythe Board and approved by the Commission, the licensureexamination shall cover, but shall not be limited to, thefollowing subjects:

(a) Mineral Processing, Extractive Metallurgy, Assayingand Chemistry;

(b) Physical and Applied Metallurgy;

(c) Fuel Technology and Refractory Science;

(d) Engineering Manag^in'e;i:it, Law and Ethics;

(e) Apphed Mathematics and Mechanics; and

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(f) Any other pertinent subject as the Board may deemnecessary to test the appHcant's ability and knowledge toensure safety, economy, proficiency and environmentalcompliance in the design, construction, installation,maintenance, operation, organization and management ofmetallurgical plants; Provided, That the relative weight of (a)and (b) subjects shall not be less than thirty percent (30%)each.

The Board, subject to the approval of the Commission,may amend or revise the subjects, their syllabi, passingaverage, and the system and procedure in the licensureexaminations for the practice of metallurgical engineering andthe corresponding weight pursuant to the IRR issued for thispurpose. The said subjects and their syllabi may be amendedby the Board so as to conform to technological changesbrought about by continuing trends in the profession.

Sec. 17. Qualifications of Applicants for MetallurgicalEngineer. —Applicants for the licensure examination formetallurgical engineers shall estabhsh to the satisfaction of theBoard that they possess the following qualifications:

(a) A citizen of the Philippines or a foreign citizen whosecountry has reciprocity agreement with the Philippines;

(b) Of good moral cha^cter;

(c) A holder of a degree of Bachelor of Science inMetallurgical Engineering, Metallurgy or related engineeringdegree majoring in Metalliirgical Engineering or Metallurgyfrom a university, school, college, academy or institute dulyconstituted and recognized as such by the government; and

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(d) Must not have been convicted by a court of law ofa crime involving moral turpitude.

Sec. 18. Examination Fees. - Any applicant admitted totake^the metallurgical engineering examination shall~pay suchfees* as may be prescribed by the Commission before one shallbe allowed to take the examination.

J]

SEC. 19. Rating in the Licensure Examination. - To passthe licensure examination for metallurgical engineering, acandidate must obtain a general weighted average of not lessthan seventy percent (70%) and a rating of not less than fiftypercent (50%) in any examination subject.

SEC. 20. Report of Ratings. ~ The Board shall, withinfifteen (15) days from the last day of examinations, report therating of examinees to the Commission.

Sec. 21. Exemption from Examination. - A person maybe registered as metallurgical engineer and given a Hcense topractice as metallurgical engineer without examination, who:

(a) Had graduated with a degree of Bachelor of Sciencein Metallurgical Engineering before the enactment ofPresidential Decree No. 1536, the "Metallurgical EngineeringLaw of the Philippines" in June 1978 and who, on the dateof approval of this Act, had an accumulated fifteen (15) yearsof experience in any of the metallurgical practice as definedin Section 4 of this Act: Provided. That the said experienceis certified by the applicant's employer/s and approved by theBoard; or

(b) Had graduated with a doctorate degree in Metallurgy,Metallurgical Engineering or in related fields; Provided, Thatth^applicant is a graduate of Bachelor of Science inMetallurgical Engineering, Metallurgy or related engineeringdegree majoring in Metallurgical Engineering or Metallurgy.

An applicant for exemption from examination shallsubmit to the Board of Metallurgical Engineering the following:

(1) Diploma or transcript of records; both must beauthenticated; and

(2) A metallurgical engineering report/doctoral thesis,which shah serve as a basis whether the appHcant, in theopinion of the Board, deserves exemption from examination.

-V-- ^

SEC. 22. Qualifications of Applicants for MetallurgicalPlant Foreman. - Applicants for a certificate of registrationwithout examination as a metahurgical plant foreman, shaU,prior to admission for certification, establish to the satisfactionof the Board that they possess the following qualifications:

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(a) A citizen of the Philippines;

(b) Of good reputation and moral character; and

(c) At least a high school graduate with at least ten (10)years of experience in any metallurgical plant as defined inSection 4 of this Act and as certified by the applicant's presentemployer, or a graduate of any engineering degree with atleast five (5) years of experience in any metallurgical plantas defined in Section 4 of this Act and as certified by theappHcant's present employer/s.

The Board shall, subject to the approval of theCommission, adopt such rules and regulations as may benecessary to classify metallurgical foremen to suchmetallurgical plants as concentrators, foundries, smelters,refineries and any other specific classification, as may be foundnecessary.

Sec. 23. Issuance of Certificate of Registration andProfessional Identification Card. - A certificate of registrationshall be issued to those who are registered with or withoutlicensure examination subject to payment of fees prescribed bythe Commission. It shall bear the signatures of the chairpersonof the Commission and of the chairperson and members of theBoard, stamped with the official seal of the Commission andof the Board, certifying tha> the person named therein isentitled to aH rights and privileges of a registered metallurgicalengineer or metallurgical plant foreman with all the privilegesappurtenant thereto. Until withdrawn, revoked or suspendedin accordance with this Act, it shall remain in full force andeffect.

A professional identification card bearing the registrationnumber and date, its validity and expiry diAly signed by thechairperson of the Commission shall likewise be issued to everyregistrant who has paid the prescribed fees.

Sec. 24. Issuance of Certificate of Specialization^- Uponthe domination of the APO of metallurgical engineers, theBoard shall issue a certificate of specialization to an appHcantwho is a registered metallurgical engineer and who hasspecialized knowledge, training and experience in a specificfield of metallurgy and has d-ocumented expertise andcompetence on the same.

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Sec.. 25. Seal of a Metallurgical Engineer. — Ametallurgical engineer, upon registration and payment of feesand dues to the APO, shall obtain a seal of such designprescribed by the Board, bearing the registrant's name,certificate number and the legend "Registered MetallurgicalEngineer". Designs, plans, specifications, project feasibilitystudies, appraisals, valuations, recommendations, technicalreports, proposals, and other professional documents involvingmetallurgy, quarries, colliery works, projects or installationsshall be stamped on every sheet with the said seal of theregistrant when filed with government authorities or whensubmitted or used professionally: Provided, That it shall beunlawful for anyone to stamp or seal any document with thesaid seal after the certificate and/or professional identificationcard abflll have been revoked, cancelled or expired.

Sec. 26. Fees for Registration. —Every person issued acertificate of registration shall pay to the Commission suchfees as the Commission may prescribe.

Sec. 27. Issuance of Temporary/Special Permits. —Temporary/Special permits shall be issued to the following uponproper application with the Board:

(a) Foreign metallurgical engineers, recognized as expertsin their specific fields of metallurgical engineering, called inby "^e Republic of the Philippines for consultation or forspecific design, installation or project: Provided, That theirpractice shall be confined to such work only;

(b) Foreign metallurgical engineers who havedistinguished themselves in their respective fields ofspecialization, contracted as professors or lecturers onmetallurgical engineering subjects by Philippine schools orcolleges, institutes or universities on a direct hire or exchangebasis, subject to verification of credentials by the Board; or

(c) Foreign metallurgical engineers who are dulyregistered under the bilateral or multilateral agreements wherethe Philippines is a signatory:" Provided, That all the aboveshall secure a temporary/special permit from the Board priorto arrival in the country.

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SEC. 28. Refusal to Register. - The Board shall notregister any successful applicant for registration with orwithout licensure examination who has been:

(a) Convicted of an offense involving moral turpitude bya court of competent jurisdiction;

(b) Found guilty of immoral or dishonorable conduct bythe Board;

(c) Summanly adjudged guilty for violation of the GeneralInstruction to Examinees by the Board; and

(d) Declared of unsound mind by a court of competentjurisdiction.

In refusing such registration, the Board shall give theapphcant a written statement setting forth the reasons thereforand shall fhe a copy thereof in its records.

Sec. 29. Revocation or Suspension of the Certificate ofRegistration and Professional Identification Card andCancellation of Temporary/Special Permit. —The Board shallhave the power, upon notice and hearing, to revoke or suspendthe certidcate of registration and professional identification cardof a registered metallurgical engineer or to cancel a temporary/special permit granted to a :^eign metallurgical engineer forviolation of any of the grounds or causes provided in Section28 of this Act, except paragraph (c) thereof, and for any ofthe following:

(a) Violation of a provision of this Act, its IRR, Code ofEthics and Code of Professional and Technical Standards forthe practice of metallurgical engineering;

(b) Perpetration or use of fraud in obtaining one'scertificate of registration, professional identification card ortemporary/special permit;

/(c) Gross incompetence, neghgence or ignorance resultingto death, injury or damage;

(d) Any act of misrepresentation in connection with analleged performance of metallurgical engineering activities;

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(e) Acts inimical to the metallurgical engineeringprofession;

(f) Gross immoraUty;

(g) Conviction by final judgment of any act involvingmoral turpitude;

(h) Aiding or abetting the illegal practice of anonregistered and non-licensed metallurgical engineer byallowing the use of one's certificate of registration, professionalidentification card or temporary/special permit;

(i) lUegal practice of the profession during the suspensionfrom the practice thereof; and

(j) Addiction to drugs or alcohol impairing the ability topractice the profession, or a declaration by a court ofcompetent jurisdiction that the registrant is of unsound mind.

The Board shall periodically evaluate the aforementionedgrounds and revise, exclude or add new ones as the need arisessubject to the approval by the Commission.

Any person, firm or association may file charges inaccordance with the provision of this section against anyregmtrant, or the Board may investigate violation of any ofthe abovementioned causes. An affidavit-complaint shall be filedtogether with the affidavits of witnesses and other documentaryevidence with the Board through the Legal and InvestigationOffice. The Board may motu proprio conduct an investigationwhich shall be embodied in a formal charge to be signed byat least a majority of the members of the Board. The ruleson administrative investigation issued by the Commission shallgovern the hearing or investigation subject to applicableprovisions of this Act, RepubHc Act No. 8981 and the Rulesof Court.

Sec. 30. Reissuance of Revoked Certificate ofRegistration, Replacement of-^ost or Damaged Certificate ofRegistration, Professional IdentifttatSon Card or Temporary/Special Permit. - The Board may, upon petition, reinstate orreissue a revoked certificate of registration after two (2) years

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from the effectivity of the period for revocation, which is thedate of surrender of the said certificate and/or the professionalidentification card if still valid to the Board and/or theCommission. The Board may not require the holder thereofto take another licensure examination. The petitioner shallprove to the Board that one has valid reasons to practice theprofession. For the grant of the petition, the Board shall issuea Board Resolution subject to approval by the Commission.

Duplicate copy of lost certificate of registration,professional identification card or temporary/special permit maybe reissued in accordance with the rules thereon and uponpayment of the prescribed fee therefor.

ARTICLE IV

PRACTICE OF METALLURGICAL ENGINEERING

Sec. 31. Who May Practice Metallurgical Engineering.- Except as may be provided in this Act, only persons properlylicensed and registered may practice metallurgical engineering.For purposes of this Act, no firm, partnership, corporation orassociation may be licensed and registered as such for thepractice of metallrirgical engineering, but duly hcensed andregistered metallurgical engineers may form partnershipsamong themselves or with other licensed and registeredengineers and architects ^d use the title "MetallurgicalEngineers", "Engineers", or "Engineers and Architects" in theirpartnership name.

No firm, partnership, corporation or association shalloperate a metallurgical plant without a minimum complementof hcensed metallurgical engineers pursuant to the IRR issuedfor this purpose.

Sec. 32. Vested Eights. - All practicing metallurgicalengineers who are registered as metallurgical engineers at thetime this Act takes effect shall automatically be registeredunder this Act as registered metallurgical engineers.

j*

i

SEC. 33. Easter of Metallurgical Engineers. - A rostershowing the names, registration numbers and dates of issueand expiry, current addresses, and place of business of allmetallurgical engineers shall be prepared and kept by theCommission which shall be made available to interested partiesupon formal written request.

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Sec. 34. Foreign Eeciprocity. - No foreign metallurgicalengineer shall be given a certificate of registration/professional •license and professional identification card or be entitled to anyof the privileges under this Act unless the country or stateof which he is a subject or a citizen permits Filipinometallurgical engineer to practice within its territorial limitson the same basis as the subjects or citizens of said countryor state.

Sec. 35. Indication of Certificate of Eegistration,Professional Tax Eeceipt and APO Membership. - Themetallurgical engineer shall be required to indicate thecertificate of registration number and the duration of validity,including the professional tax receipt number and APOmembership fee receipt number on the documents one signs,uses or issues in connection with the practice of the profession.

Sec. 36. Posting of Certificates. — Registeredmetallurgical engineers shall post or cause to be posted in aconspicuous place within the office or place of business thecertificate of registration as metallurgical engineer, and oneshall present the same upon demand of members of the Boardor law enforcement officers of the national, provincial, city ormunicipal governments.

Sec. 37. Continuing Professional Education (CPE) and/orDeuejppment Programs. - All registered metallurgical engineers.and metallurgical plant foremen shall comply with pertinentrules and regiilations already prescribed by and/or as may beprescribed and promulgated by the Commission and/or theBoard, the APO and other government agencies, pursuant tothis Act and other relevant laws, international treaties,agreements and/or covenants to which the Philippines is asignatory and has ratified, with respect to CPE and/ordevelopment and/or other similar/related programs.

Sec. 38. Integration of the Metallurgical Engineeringprofessional. - The metallurgical engineering profession shallbe integrated into one (1) national professional organization ofmetallurgical engineers that—is duly registered with theSecurities and Exchange Commissi^n-.(SEC). The Board, subjectto approval by the Commission, shall accredit the saidorganization as the one and only integrated and APO ofmetallurgical engineers. All metallurgical engineers whose

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names appear in the registry book of metallurgical engineersshall ipso facto or automatically become merabers thereof andshall receive all the benefits and privileges appurtenant theretoupon payment of APO membership fees and dues.

Membership in the integrated APO shall not be a barto membership in other metallurgical engineeringorganizations.

ARTICLE V

PENAL AND GENERAL PROVISIONS

SEC. 39. Penal Clause. - The following shall, uponconviction, be punished by a fine ofnot less than ten thousandpesos (PIO,000.00) but not more than one milHon pesos(PI,000,000.00) or imprisonment ofnot less than one (1) month

, but not more them five (5) years, or both, at the discretionof the court:

(a) Any person who shall practice metallurgicalengineering in the Philippines, as defined in this Act, withouta valid certificate of registration, a valid professionalidentification card or a valid temporary/special permit inaccordance with the provisions of this Act, unless declaredexempt from registration; '

(b) Any person,presenting or using as one's own thecertificate of registration, professional identification card ortemporary/special permit of another;

(c) Any person who shall give any false or forged evidence:

(d) Any person who shall impersonate any registrant oflike or different name;

(e) Any person who shall use a revoked or suspendedcertificate ofregistration, a vahd professional identification cardor a valid temporary/special permit or an expired/ngncurrentprofessional identification card, or an expired/cancelled

/ temporary/special permit; or

(f) Any person who shall assume, use or advertise anytitle or description lending to convey the"" impression that one

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is a metallurgical engineer without having completed theacademic requirements and conferred the appropriatebaccalaureate degree for such, or is engaged in themetallurgical engineering practice without holding a validcertificate of registration, a valid professional identification cardor a valid temporary/special permit from the Board.

Sec. 40. Legal Effect on Other Professions. —This Actshall not affect or prevent the practice of any other legallyrecognized profession.

Sec. 41. Enforcement of this Act by the Officers of theLaw. - The Board shall be assisted by the Commission incarrying out the provisions of this Act and its IRR and otherpolicies. The lawyers of the Commission shall act as theprosecutors against illegal practitioners and other .violations ofthis Act and its IRR. The duly constituted authorities ofgovernment shall likewise assist the Board and theCommission in enforcing the provisions of this Act and its IRR.

Sec. 42. Implementing Rules and Regulations (IRR). —Subject to the approval of the Commission, the Board, inconsultation with the APO, shall adopt and promulgate theIRR, the Code of Ethics, and the Code of Professional andTechnical Standards for Metallurgical Engineers to carry outthe provisions of this Act.

Sec. 43. Funding Provision. - The amount necessary toimplement the provisions of this Act shaU be included in theannual General Appropriations Act.

Sec. 44. Transitory Provisions. —(a) After the approvalof this Act, metallurgical engineers possessing vahd certificatesof registration issued under Presidential Decree No. 1536,otherwise known as the "Metallurgical Engineering Law of thePhihppines", shall register with the Board and be issuedcertificates as registered metallurgical engineers under this Actto replace their original certificates of registration, uponpayment of the required fees.

(b) The present chairperson'and members of the Boardshall automatically be issued certificates of registration asregistered metallurgical engineers. They shall continue tofunction in the Board until such time as a new Board shallbe constituted under this Act.

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SEC. 45. Separability Clause. - If any section or portionof this Act shall be declared unconstitutional or invaUd, suchshall not invalidate any other section of this Act.

SEC. 46. Repealing Clause. - Presidential Decree No.1536 is hereby repealed. All other laws, parts of law, orders,ordinances or regulations relative to the practice ofmetallurgical engineering which are inconsistent with theprovisions of this Act are hereby repealed or modifiedaccordingly.

SEC. 47. Effectiuity. - This Act shall take effect fifteen(15) days after its publication in the Official Gazette or in two(2) newspapers of general circulation in the country.

Approved,

FELICIANO BELMONTE JR.

Speaker ofthe HouseofRepresentatives

FRANKLIN M. DRILON

Pi esijlent ofthe Senate

Senate Bill No. 2103, whichwas approved bythe Senateon September 8, 2014, was adopted asanamendment to HouseBill No. 5014 by the House of Representatives on August10, 2015.

MARILYN B^ARUSecretary General

House ofRepresentatives

= Approved: OCT 2 0

BENIGNO S./AQUINO IIIPresident of me Philippines

O

OSCAR

Secretary ofthe Senate

CBRllFeCOPY:

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