REPR

RECEIVE
2 nn one
Republic of the Philippines pare, 19 “UL 2015

HOUSE OF REPRESENTATI
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session

1585

RECISTRATION UNIT
BILLS AND iNDEX SERVICE

HOUSE BILL NO.

Introduced by Honorable Alexandria P. Gonzales

— SsSsSsSSSSSSsSsSsssssseseseFe

EXPLANATORY NOTE

Advances in the world’s major industries have seen the rise in technologies such as
robotization and automation. These were adopted by major industrial concerns to meet
market demands, and improve productivity as well as efficiency. The accelerated pace that
accompanied this technological development came to mean the introduction of improved
instruments, fast and efficient monitoring and control system, and sophisticated data
acquisition systems that are capable of integrating and controlling the various loops in
production process. It also meant the evolution of the branch of engineering now known as
instrument and control engineering.

Today, with the continued innovation in technology and the development of
industrial standards of excellence (e.g. ISO ratings), instrument and control engineers and
technicians are called upon to innovate and improve theit level of competence and
professional integrity. Their stewardship of a crucial in the world’s industrial process requires
nothing less. Equally so, the State must now initiate the enactment of a law that will
professionalize the practice and control of instrumentation and control engineering in the
country. This will, in part, guarantee the compliance of practitioners in this engineering
discipline with the demands of demands of competitive and highly innovative profession.

This proposed bill seeks to address this need by:

1. Creating the Board Examiners for Instrumentation and Control Engineers;

2. Mandating the examination and subsequent registration of applicants
intending to practice instrumentation and control engineering; and

3. Establishing regulations that will govern the practice of the profession.

The country’s drive toward industrialization, modernization, competitiveness, and
our integration into the global economic structure will come to mean the readiness of both
public and private sectors to keep apace with social and economic forces. Toward this end,
providing the necessary infrastructure as well as professional regulations to those who play a
major part in this drive is necessary

In the light of the foregoing, early passage of this bill is earnestly sough

ALEXANDRJA P. GONZALES

ENTATIVES



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session
1555
HOUSE BILL NO.

Introduced by Honorable Alexandria P. Gonzales

AN ACT
REGULATING THE PRACTICE OF INSTRUMENTATION AND CONTROL
ENGINEERING IN THE PHILIPPINES AND FOR OTHER PURPOSES:

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

ARTICLE I
GENERAL PROVISIONS

SECTION 1. Title. - This Act shall be known as the “Philippine Instrumentation
and Control Engineering Law of 2013”

SEC 2. Statement of Policy. - The State recognizes the role of Instrumentation and
Control Engineers in nation-building and development. The State likewise recognizes the
need to regulate the practice of the profession with the end in view of developing competent
and well-rounded Instrumentation and Control Engineers whose standards of professional
service shall be excellent, qualitative and globally competitive.

SEC. 3. Definition of Terms. ~ As used in this Act, the following terms shall mean:

1. Instrumentation — It is the collection of instruments of their application for
the purpose of observation, measurement or control.

2. Instrumentation and Control Engineering - The practice of Instrumentation
and Control Engineering shall mean the rendering or offering of

professional Instrumentation and Control Engineering service for a fee,



salary or other reward of compensation paid through him/her ot through

another person, or even such rewards or compensation. The term shall be

synonymous with “tendering Instrumentation and Control Engineering

service”.

SEC. 4. Scope of Practice. ~ The practice of Instrumentation and Control

Engineering within the context and intent of this Act shall embrace the following:

1.

10.

re

Design of Front-End Engineering which includes Process and Instrument
Diagram (P & ID);

Detailed Engineering which includes the making of Instrument Index,
Specifications/Data Sheets, Control Diagrams, Logic Diagrams, Ladder
Diagrams, Isometric Drawings,

Termination Drawings, Loop Drawings, Instrument/Junction Box
Location Drawings, Cable Tray Support and Installation Details, Hook-
up Drawings, Instrument Support Fabrication and Installation Details,

and Control Panel Layout;

Special Calculations which include Orifice Sizing;
System Automation which includes Programmable Logic Controller
(PLC), Distributed Control System (DCS), Supervisory Control and
Data Acquisition (SCADA), Telemetring, Pneumatics, and Hydraulics
Project Implementation;

Start-up Commissioning;

Maintenance, Calibration, trouble-Shooting and Repair;
Consultation, Investigation, Evaluation and System Integration;
Teaching of Instrumentation and Control Engineering Subjects;

Sale and Distribution of Instrumentation and Control Equipment

Systems; and


13. Professional re:

arch and laboratory work supporting the activities listed

in Subsection (a) hereof.

ARTICLE IL

BOARD OF INSTRUMENTATION AND CONTROL ENGINEERING

SEC.

- Creation And Composition of the Board. — There is hereby created a Board

of Instrumentation and Control Engineering, hereinafter referred to as the Board, composed

of a Chairman and two (2) Members who shall be appointed by the President of the

Philippines from the recommendees of the Professional Regulation Commission, hereinafter

called the Commission, from the nominees chosen and ranked by the integrated and

accredited association of Instrumentation and Control Engineers.

SEC. 6. Powers and Functions of the Board. — The Board shall be vested with the

following powers and functions:

L

Promulgate, administer and enforce rules and regulations necessary for
carrying out the provisions of this Act, in accordance with the charter of
the Commission;

Supervise and regulate the registration, licensure and practice of
Instrumentation and Control Engineering in the Philippines;
Administer oaths in connection with the administration of the Act;
Adopt an official seal of the Board

Maintain a roster of Instrumentation and Control Engineers indicating
therein the basic information about the registered professionals;

Issue, reinstate, suspend or revoke the Certificate of Registration and/or
Professional License for the practice of Instrumentation and Control

Engineering;


10.

1.

12.

13.

14.

Monitor the conditions affecting the practice of Instrumentation and
Control Engineering and adopt such measures as may be deemed proper
for the enhancement of the profession and/or maintenance of high
professional, ethical and technical standards;

Ensure, in coordination with the Commission on Higher Education
(CHED) that all educational institutions offering Instrumentation and
Control Engineering education comply with the policies, standards and
requirements of the course prescribed by CHED in the areas of
curriculum, faculty, library and facilities;

Prescribe and/or adopt a Code of Ethies for the practice of
Instrumentation and Control Engineering;

Hear or investigate any violation of this Act, its implementing rules and
regulations and the Code of Ethics for Instrumentation and Control
engineers as shall come to the knowledge of the Board, and for this
purpose, to issue subpoena and subpoena duces tecum to secure the
appearance of witnesses and the production of documents in connection
therewith;

Prescribe guidelines and criteria in the Continuing Professional
Education (CPE) program for Instrumentation and Control Engineers;
Adopt a program for the full computerization of the licensure
examination;

Prepare, adopt and issue the syllabi of the subjects for the examinations
by determining and preparing the questions which shall strictly be within
the scope of the syllabus of the subject for examination;

Approve registration without examination, subject to review by the

Commission;


15

16.

1%

The policies, resolutions, rules and regulations, orders or de

Issue special permits to persons admitted to the practice of
Instrumentation and Control Engineering for a specific duration of time,
and certificates of recognition to Instrumentation and Control Engineers
for advance studies, researches, highly specialized trainings, and

accomplishments that contribute to the enrichment of the profes

ion;

Submit an annual report after the close of each fiscal year on the
proceedings and accomplishments of the Board during the year as well as

any recommendation of the same to the Commission with the end in

view of upgrading and improving the conditions affecting the practice
Instrumentation and Control Engineering in the Philippines; and
Discharge such other powers and functions as the Board may deem
necessary for the practice of the profession and the upgrading,
enhancement, development and growth of Instrumentation and Control

Engineering in the Philippines.

ons issued or

promulgated by the Board shall be subject to the review and approval of the

Commission: Provided, however, That the decisions, resolutions or orders rendered by

the Board which are not interlocutory in an administrative case, shall only be subject

to review on appeal

SEC. 7. Qualifications of the Chairman and the Members of the Board. - The

Chairman and the Members of the Board shall, at the time of appointment, possess the

following qualifications:

1

Must be a citizen and resident of the Philippines;
Must be at least Thirty-five (35) years of ages

Must be proven integrity and with high moral values as evidenced by his
past professional conduct;

Must be a graduate of Instrumentation and Control Engineering;


5. Must be duly registered Instrumentation and Control Engineer under this
Act with a valid Certificate of Registration and Professional License and
have been in the active practice of the profession for a period of not less
than ten (10) years either in the government service or the private sector;

6. Must be a member in good standing of the integrated and accredited

association of Instrumentation and Control Engineers;

Must not have any pecuniary interest, directly or indirectly in any school,
academy, college, university or institution conferring an academic degree
necessary for admission to the practice of Instrumentation and Control
where review classes in preparation for the licensure examination are
being offered or conducted, nor shall be a member of the faculty or of the
faculty or of the administration thereof at the time of his appointment to
the Board; and
8. Must not have been convicted of any offense involving moral turpitude.

SEC. 8. Term of Office. — The Chairman and Members of the Board shall hold for

three (3) years or until their successors shall have been appointed and duly qualified:

Provided, That Members of the first appointed Board shall hold office for the following terms:

‘ars and one

one (1) Member as Chairman for three (3) years, one (1) Member for two (2) ye
(1) Member for one (1) year.
The Chairman and Members of the first Board shall automatically be registered as

Instrumentation and Control Engineers and issued with Certificate of Registration and

Professional License.
The Chairman or Member of the Board may be reappointed for another term but in

no case shall he/she serve continuous!

y for more than six (6) years. They shall rake oath of
office prior to assumption of duty.
SEC. 9. Compensation and Allowances of the Board. - The Chairman and

Members of the Board shall receive compensation and allowances comparable to that being


received by the Chairman and Members of the existing regulatory boards under the
Commission as provided for in the General Appropriations Act.

SEC. 10. Vacancy and Removal. ~ Any vacancy in the Board shall be filled up for
the unexpired portion of the term only.

The Chairman or any Member of the Board may suspended or removed by the
President of the Philippines upon recommendation of the Commission for neglect of duty,
incompetence, malpractice, commission of tolerance of irregularities in any examination
given by the Board, unprofessional or unethical conduct, after due notice and hearing where
his/her right to be heard, to defend himself/herself and to be assisted by counsel shall be
respected in a proper administrative investigation: Provided, That during the process of
investigation, the Commission shall have the power to suspend such Member under
investigation and shall appoint a temporary Member in his/her place. The Commission's
decision may be appealed within fifteen (15) days to the President of the Philippines whose
decision shall be final and executory.

SEC. 11. Supervision of the Board, Custodian of its Records, Secretariat and
Support Services. ~ The Board shall be under the general supervision and administrative
control of the Commission. Alll the records of the Board, including applications for
examination, examination papers and results, minutes of deliberation, administrative cases,
and other investigated cases involving Instrumentation and Control Engineers 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.



ARTICLE IIL

EXAMINATION AND REGISTRATION

SEC. 12. Licensure Examinations. - Every applicant seeking to be registered and
licensed as Instrumentation and Controls Engineers or Instrumentation and Control
Technicians shall undergo and pass a written technical examination to be given by the
Board as least once a year in such places and dates as the Commission may designate

SEC. 13. Qualifications for Examination. — Any person applying for admission to
the licensure examination for Instrumentation and Control Engineering or Instrumentation
and Control Technicians shall establish to the satisfaction of the Board that:

1. He isa citizen of the Philippines;

2. He is of good reputation and unsullied moral character;

3. He has not been finally convicted by a competent court of an offense

involving moral turpitude;

4. For Instrumentation and Control Engineering, he is a graduate of a
prescribed course in Instrumentation and Control Engineering from any
school, academy, institute, college or university recognized and accredited
by the Philippine Government or the state wherein it is established:
Provided, That within three (3) years after the approval of this Act,
certified holders of Associate in Instrumentation and Control
Engineering, Instrumentation Technology, or any allied engineering
courses, with at least five (5) years of active practice in instrumentation
and control or allied fields, shall be qualified to take the licensure
examination for Instrumentation and Control Engineering;

5. For Instrumentation and Control Technician, he must possess any of the

following qualifications:


i. He has completed at least three (3) years of a five-year course in
Bachelor of Science in Instrumentation and Control Engineering
ora three-year course in Instrumentation and Control Technology
from an engineering school, academy, institute, college ot
university recognized and accredited by the Philippine
Government or the state wherein it is established and, in addition,
has at least one (1) year of practice in maintenance, calibration,
ete. or

ii, He has graduated from a wo-year vocational course on electronics
and, in addition, has at least two (2) years of apprenticeship in
instrumentation; or

iii, He has completed a one-year vocational course on electronics or
industrial electricity and, in addition, has at least three (3) years of
apprenticeship in Instrumentation; ot

iv. He has completed a four-year high school education or its
equivalent and, in addition, has a least five (5) years of
apprenticeship in Instrumentation.

SEC. 14. Scope of Examination. - The Board shall prescribe the subjects for
Instrumentation and Control Engineering as well as that for the Instrumentation and
Control Technician.

SEC. 15. Release of the Results of Examination. — The Board and the Commission
shall correct and rate the licensure examination papers and shall release the examination
results within fifteen (15) days after the said examination.

SEC. 16. Ratings in the Examination. — An examinee shall be deemed to have
successfully passed the examination if he has obtained an average of at least seventy percent
(70%): Provided, That in no case should the rating in any subject be less than fifty percent

(50%); Provided, further, That an applicant who fails to obtain a passing average but who



obtained at least seventy percent (70%) in each of at least one-half of the total subjects
given in the examination, may be permitted to take, any number of times, a removal

examination on the subject in which he obtained a grade below seventy percent (70%),

until he has obtained a passing average on alll subjects.

SEC. 17. Issuance of the Certificate of Registration and Professional License. —

Certificate of Registration shall be issued to examined who passed the licensure examination
for Instrumentation and Control Engineering or Technician subject to payment of fees
prescribed by the Commission. The Certificate of Registration shall bear the signature of the
Chairman of the Commission and Members of the Board, stamped with the official seal,
indicating that the person named therein is entitled to practice the profession with all the
privileges appurtenant thereto.

The certificate shall remain in full force and effect until withdrawn, suspended or
revoked in accordance with this Act

A Professional License, duly signed by the Chairman of the Commission, bearing the

registration number, date of issuance, expiry date, shall likewise be issued to every registrant

who has paid the annual registration. This license will serve as evidence that the licensee
can lawfully practice his profession until the expiration of its validity
SEC. 18. Registration Without Examination. ~ The first Board shall, within a
period of two (2) years from the effectivity of this Act, issue a Certificate of Registration and
Professional License without the necessity of undergoing and passing the licensure
examination for Instrumentation and Control Engineering, to any applicant who with his
application for registration, shall present evidence of proof satisfactory to the Board that:
1. He/She is a graduate of Instrumentation and Control Engineering;
2. He/She is in the active practice of the profession for at least ten (10)
years; Provided, That if his/her active practice of the profession is only

eight (8) years, he/she must have passed the qualifying examination on


Instrumentation Engineering conducted by the integrated and accredited
association of Instrumentation and Control Engineers;

3. He is a person of good moral character and can be trusted to practice
Instrumentation and Control Engineering as defined in this Act; and

4. For Instrumentation and Control Technicians, he must possess any of the

following qualifications:

i. He/she has completed at least three (3) years of a five-year course
in a Bachelor of Science in Instrumentation and Control
Engineering or a three-year course in Instrumentation and Control
Technology from an engineering school, academy, institute,
college and active practice of two (2) years and he/she has an
active practice of Instrumentation and Control for two (2) years or
he/she must have passed the qualifying examination on
Instrumentation and Control by the integrated and accredited
association of Instrumentation and Control Engineers

ii. He/She has graduated from a two-year vocational course on
electronics or industrial electricity and, in addition, has at least
four (4) years practice in Instrumentation;

iii, He/she has completed a one-year vocational course on electronics
or industrial electricity and, in addition, has at least four (4) years
practice in Instrumentation; or

iv. He has completed a four-year high school education or its
equivalent and, in addition, has at least five (5) years practice in

Instrumentation.

He is a member in good standing of the Integrated and accredited

association of Instrumentation and Control Engineer.



SEC. 19. Refusal to Register. ~ The Board shall refuse to issue the Certificate of
Registration and/or Professional License to any person who has been convicted by a court of
competent jurisdiction of any crime involving moral turpitude, or has been found guilty of
immoral and dishonorable conduct after due investigation by the Board, or has been declared
to be of unsound mind. The reason for the refusal shall be set forth in writing and shall be
incorporated with the records of the Board.

SEC. 20, Revocation or Suspension of the Certificate of Registration and
Professional License. ~ The Board may, after giving proper notice and hearing to the party
concemed, revoke the practitioner's Certificate of Registration and cancel his Professional
License, thereby suspending him from the practice of the profession for any unprofessional or
unethical conduct, malpractice, or violation of any of the provisions of this Act, its rules and
regulations, the Code of Ethics for Instrumentation and Control Engineers, or upon
conviction of any crime.

SEC. 21. Reinstatement, Reissuance or Replacement of Certificate of Registration
and Professional License. ~ The Board may, upon application and for reasons deemed
proper and sufficient, reinstate any revoked Certificate of Registration or reissue any
suspended Professional License, and in so doing, may, in its discretion, exempt the applicant
from taking another examination

A new Certificate of Registration or Professional License to replace the lost,
destroyed or mutilated ones may be issued subject to the rules implemented by the Board.

SEC. 22. Renewal of Professional License. ~ The Professional License shall be
renewed every three (3) years upon satisfying the requirements imposed by the Board, such

as attendance in Continuing Professional Education (CPE) program and payment of the

corresponding fees as may be prescribed by the Board in accordance with the schedule of fees
fixed by the Commission.
SEC. 23. Roster of Instrumentation and Control Engineers and Technicians. —

The Board shall keep a roster of all duly registered and licensed Instrumentation and Control


Engineers and Technicians, indicating their names, registration numbers, places of work, and

other pertinent data. The Board shall regularly update such roster and make it available to

all interested parties.

SEC. 24. Issuance of Temporary or Special Permits. — Without prejudice to

existing laws on the practice of professions by foreigners in the Philippines, the following
PI P y foreign ppi ig

may be issued temporary or special permits to practice Instrumentation and Control

Engineering in the Philippines

1

Foreign registered andjor licensed Instrumentation and Control
Engineers recognized as experts in their specific fields, called in by the
Philippine Government for Consultation or for specific design,
installation or project; and

Foreign registered and/or licensed Instrumentation and Control
Engineers who have distinguished themselves in their respective fields of
specialization and who are either directly hired or employed as exchange
professors or lecturers on Instrumentation and Control Engineering
subjects by Philippine schools, colleges, institutes or universities

Provided, however, That their practice of the profession shall be limited to
the particular work for which they are commissioned. Provided, further,
That the said temporary or special permits shall be valid for one (1) year

subject to renewal every year.

ARTICLE IV

PRACTICE OF INSTRUMENTATION AND CONTROL ENGINEERING

SEC. 25. Prohibitions and Limitations in the Practice of Instrumentation and

Control Engineering. ~ No person shall offer himself in the Philippines as, or use the title


“Instrumentation and Control Engineer” ot “Instrumentation and Control Technician”, or use any
word, letter figure, o sign whatsoever, tending to convey the impression that he is an
Instrumentation and Control Engineer or Instrumentation and Control Technician, or
advertise that he is qualified to perform the work of such, without holding a valid Certificate
of Registration and valid Professional License in accordance with this Act, except as
provided under Section 24 thereof.

ssful candidates in the examination or

SEC. 26. Professional Oath — All su
registration shall be required to take an professional oath before any member of the Board or
any person duly authorized by the Commission, prior to the practice of the profession.

SEC. 27. Seal of Registered Instrumentation and Control Engineers — All
registered and licensed Instrumentation and Control Engineers shall obtain and use a seal of
a design prescribed by the Board bearing the registrant's name, registration number and the
legend Registered Instrumentation and Control Engineer. Plans, specifications, reports and other
professional documents prepared by and/or executed under the supervision of, and issued by
the registrant shall be stamped on every sheet/page with said deal when filled with
Government agencies or institutions or when used professionally. It shall be unlawful for
anyone to stamp any document with said seal after the certificate of the registrant named
therein has been suspended or revoked.

SEC. 28. Code of Ethics. - The Board shall adopt the Code of Ethies for
Instrumentation and Control Engineering which shall be promulgated by the integrated and

accredited association of Instrumentation and Control Enginee

SEC. 29. Continuing Professional Education (CPE) Program. ~ All registered
Instrumentation and Control Engineers and Technicians shall comply with the pertinent
rules and regulations already prescribed and/or as may be prescribed and promulgated by the
Commission with respect to the Continuing Professional Education (CPE) Program.

SEC. 30. Integration of Instrumentation and Control Engineers. — All

Instrumentation and Control Engineers and Technicians shall be integrated into one (1)


national organization, which shall be recognized by the Board as the one and only integrated
and accredited national organization of Instrumentation and Control Engineers and
Technicians.

All Instrumentation and Control Engineers and Technicians duly registered with the

Board shall automatically become a member of the integrated and accredited association of

Instrumentation and Control Engineers and Technicians, and shall receive the benefits and
privileges appurtenant thereto upon payment of the required fees and dues. Membership in
the said integrated and accredited association shalll not be a bar to membership in other
associations of Instrumentation and Control Engineers and Technicians.

SEC. 31. Foreign Reciprocity. ~ No foreign Instrumentation and Control Engineers
shall be admitted to the examination or be given a Certificate of Registration or be entitled
to any of the privileges under this Act unless the country of which he is a subject or citizen
specifically permits Filipino Instrumentation and Control Engineers to practice within its

territorial limits on the same basis as the subjects ot citizens of such foreign state or country.

ARTICLE V
MISCELLANEOUS PROVISIONS

SEC. 32. Funding Provisions. - Such sums as may be necessary to carry out the

provisions of this Act shall be included in the General Appropriations Act of the year
following its enactment into law and thereafter.

SEC. 33. Enforcement of the Law. — Any law enforcement agency, upon its
initiative or call/request of the Board and/or Commission, shall render assistance in

enforcing this Act, including its rules and regulations, by apprehending the violators thereof

and charging them in accordance with law and the rules of Court.


SEC. 34. Implementing Rules and Regulations. ~ Subject to the approval of the
Commission, the Board shall adopt and promulgate such rules and regulations, including the
Code of Ethics for Instrumentation and Control Engineers, to carry out the provisions of this
Act, which shall be effective after thirty (30) days following their publication in the Official
Gazette or in a major daily newspaper of general circulation.

SEC. 35. Penal Provisions. - Any person who shall violate any of the provisions of
this Act or any of its implementing rules and regulations, upon conviction, shalll be punished
by a fine of not less than Ten Thousand Pesos (PhP 10,000.00) nor more than Fifty
Thousand Pesos (Php 50,000.00) or by imprisonment of not less than six (6) months nor
more than five (5) years, or both such fine and imprisonment, at the discretion of the court

SEC. 36. Separability Clause. ~ If any section or provisions of this Act shalll be
declared invalid or unconstitutional, such shall not invalidate any other section or provision
of this Act

SEC. 37. Repealing Clause. ~ All laws, decrees, executive orders, rules and
regulations or parts thereof which are in conflict with the provisions of this Act are hereby
repealed or modified accordingly.

SEC. 38. Effectivity. ~ This Act shall take effect fifteen (15) days following its full

publication in the Official Gazette or two (2) major daily newspaper of general circulation.

Approved,