Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

COMMITTEE REPORT NO. 1533

Submitted by the Committees on Civil Service and Professional Regulation and
Appropriations on =—
Re: House Bill No. ee

Recommending its approval in ion of House Bill No. 3803

Sponsors: Representatives ae D. Salvacion, Jr.. Joseph Emilio A. Abaya, Victor J. Yu
and Mariano U. Piamonte,

Mr. Speaker:

The Committees on Civil Service and Professional Regulation and Appropriations to which
was referred House Bill No. 3803 introduced by Reps. Victor J. Yu and Mariano U. Piamonte,
Jr., entitles

AN ACT
REGULATING THE PRACTICE OF METALLURGICAL ENGINEERING
IN THE PHILIPPINES REPEALING FOR THIS PURPOSE
PRESIDENTIAL DECREE NO. 1536, OTHERWISE KNOWN AS THE.
METALLURGICAL ENGINEERING LAW OF 1978, AND FOR OTHER

PURPOSES
585...

have considered the same and recommend that the attached House Bill No.
entitled:

AN ACT
REGULATING THE PRACTICE OF METALLURGICAL ENGINEERING
IN THE PHILIPPINES — REP! ING FOR THIS PURPOSE
PRESIDENTIAL DECREE NO. 1536, OTHERWISE KNOWN AS THE
METALLURGICAL ENGINEERING LAW OF 1978. AND FOR OTHER
PURPOSES

be approved in substitution of House Bill No. 3803 with Reps. Victor J. Yu, Mariano U.
Piamonte, Jr.. Andres D. Salvacion, Jr., Joseph Emilio A. Abaya, Salvador H. Escudero III,
Rufus B. Rodriguez. Maximo B. Rodriguez. Jr.. ‘lo B. Palmones. Aurelio D. Gonzales.
Jr.. Antonio L. Tinio. Daryl Grace J. Abayon. Rafael V. Mariano and Carlos M. Padill:
authors thereof.



Respectfully submitted,

eel

HON: “10s EPH EMILIO A.\ABAYA HON. ANDI

c ear Chairman
c ite on Appropriation Commitice on Civil Service
and Professional Regulation

THE HONORABLE SPEAKER
HOUSE OF REPRESENTATIVES
QUEZON CITY



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

HOUSE BILL No, __5851

Introduced by Representatives Victor J. Yu, Mariano U. Piamonte, Jr.. Andres D.
Salvacion, Jr., Joseph Emilio A. Abaya, Salvador H. Escudero Ill, Rufus B.
Rodriguez. Maximo B. Rodriguez. Jr.. Angelo B. Palmones, Aurelio D. Gonzales. Jr.,
Antonio L. Tinio, Daryl Grace J; Abayon. Rafael V. Mariano and Carlos M. Padilla

AN ACT
REGULATING THE PRACTICE OF METALLURGICAL ENt EERING IN
THE PHILIPPINES REPEALING FOR THIS PURPOSE PRESIDENTIAL
DECREE NO, 1536, OTHERWISE KNOWN AS THE METALLURGICAL,
ENGINEERING LAW OF 1978, AND FOR OTHER PURPOSES.

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

TITLE, STATEMENT OF POLICY, DEFINITION OF TERMS AND SCOPE
OF PRACTICE

Section 1. Title. — This Act shall be known as the “New Metallurgical
Engineering Act of 2012.”

Sec. 2, Statement of Policy. — The State recognizes the importance of
metallurgical engineers in nation building and development. Thus, the State shall
develop and nurture competent, virtuous, productive and well rounded metallurgical
engineers whose standard of professional practice and service shall be excellent,
world-class and globally competitive through regulatory measures, programs and
activities.

Sec. 3. Objectives. - This Act shall govern but shall not be limited to:

(a) the examination, registration, and licensure of metallurgical engineers:

(b) the supervision, control and regulation of the practice of metallurgical

engineering:

(c) the development and upgrading of the curriculum of metallurgical

engineering profession;


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(A) the development of the professional competence of metallurgical engineers
through continuing professional education: and

(e) the integration of the metallurgical engineering profession.

Sec. 4. Definition of Terms. — As used in this Act, the following terms shall

be defined as follows:

a) Practice of metallurgical engineering refers to the offering or rendering of
services of any of the specialized branches of metallurgy for a fee, salary
or other reward or compensation, paid directly or through another person
or persons, or even without such reward or compensation. The term shall
be synonymous with the term “rendering metallurgical engineering
services”.

b) Merallurgical Engineering refers to the profession which embraces the
scientific, engineering, environmental and economic aspects of:

i) Mineral Processing and Extractive Metallurgy - Preparation,

separation, extraction and purification of ores, metals and mineral

products by physical and chemical method such as ore dressing,
pyrometallurgical processes such as roasting, and smelting,
hydrometallurgical processes such as leaching, electrometallurgical
processes such as electric smelting and electrolysis and other similar
processes.

ii) Adaptive and Physical Metallurgy ~ Processes which pertain to the
adaptation and application of metals such as melting, casting, forging,
rolling, extrusion, welding and other metal working and finishing
operations. These include unit operations relating to the control of
microstructure of metals and their alloys such as the heat treatment and
surface hardening, quality control in allowing operations to meet
specification of metal alloys, and metallographic studies. These also
apply to powder, mechanical, nuclear and vacuum metallurgy.

iii) Fuel Technology — Fuel preparation processes such as washing,
flotation, and heavy media separation including carbonization,

gasification and cooking operations.

¢) Metallurgical Plant refers to any facility involved in processes which

include, but not limited to, the following:

0


1 i) Preparation, separation, concentration of minerals, coal and

2 metallurgical fuels;
3 ii) Extraction of metals such as hydrometallurgical, pyrometallurgical and
4 electrometallurgical processes;

iii) Adaptation and application of metals such as melting, casting, forging,

6 rolling, extrusion, powder metallurgy, heat treatment, welding and
7 other metal working and finishing operations.

8 d) Metallurgical Engineer refers to a person who holds a valid certificate of
9 registration and professional identification card issued by the Board of
10 Metallurgical Engineering and the Professional Regulation Commission.

i See. 5, Scope of Practice- Metallurgical Engineering service shall embrace

12 the following similar services in relation to metallurgical plants:

13 a) Consultation, valuation and management services requiring metallurgical
14 engineering skills and know-how;

15 b) Engineering design, preparation of plans, specifications and project studies
16 or estimates for metallurgical equipment and processes;

7 ¢) Management or supervision of the testing and commissioning of
18 metallurgical plants;

19 d) Management, supervision, operation and auditing of metallurgical plants;
20 e) Teaching of metallurgical engineering subjects in government-recognized
21 universities, colleges and schools;

2 f) Employment in government as a metallurgical engineer if the nature and
23 character of the work requires professional knowledge of metallurgical
24 engineering;

25 g) Metallurgical investigation and testing of mineral and metal products;

26 h) Training of metallurgical plant operating personnel;

27 i) Research and development;

28 j) Participation in the preparation of environmental studies for metallurgical
29 projects and monitoring under the Environmental Impact Assessment
30 (EIA) system:

31 k) Teaching of metallurgical engineering subjects in any academic program
32 leading to a professional degree, including refresher and review courses;

33 and



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1) Other metallurgical work or service which, in the assessment and opinion

of the Board, constitutes the practice of m

tallurgical engineering.
Article II
CREATION OF THE PROFESSIONAL REGULATORY BOARD
OF METALLURGICAL ENGINEERING
See. 6. Creation and Composition of the Professional Regulatory Board
of Metallurgical Engineering — There is hereby created a Professional Regulatory

Board of Metallurgical Engineering, hereinafter called the Board, under the

administrative control and supervision of the Professional Regulation Commission,
hereinafter called the Commission, to be composed of a chairperson and two (2)
members to be appointed by the President of the Philippines from a list of three (3)
recommendees for each position, chosen and ranked in the order of preference and
submitted by the Commission from a list of five (5) nominees submitted by the duly
accredited professional organization of metallurgical engineers in the Philippines.
‘The Board shall be organized not later than six (6) months from the effectivity of the
Act.

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

(a) Supervise and regulate the practice of metallurgical engineering

professior

(b) Determine and evaluate the qualifications of the applicants for registration;

(c) Prescribe the subjects im the licensure examinations, determine the syllabi
of the subjects and their relative weights, construct the test questions in the
examinations, score and rate the examination papers, and submit the
examination results to the Commission:

(@) Issue, together with the Commission, certificates of registration and
professional identification cards 1 applicants who have passed the
licensure examinations for registered metallurgical engineers;

(e) Issue speciaiemporary permits to foreign metallurgical engineers to
practice the profession:

(0 Inquire into conditions affecting the practice of the profession and adopt
measures for the enhancement and maintenance of high professional,
ethical and technical standards. Pursuant thereto, the Board may inspect

establishments where metallurgical engineers practice their profession


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such as factories, plants, offices and the like in order to determine and
enforce compliance with the provisions of this Act and issue certificates of
compliance for the purpose.

(g) Inspect the facilities, faculty, equipment and other aspects directly related
to the metallurgical engineering program of educational institutions in
coordination with the Commission on Higher Education (CHED);

(h) Adopt the Implementing Rules and Regulations (IRR) necessary for
carrying out the provisions of this Act.

(i) Adopt 2 Code of Ethies and a Code of Professional and Technical
Standards for the practice of the metallurgical engineering profession:

() Investigate, in accordance with the rules on administrative investigation
promulgated by the Commission, violations of this Act and its
Implementing Rules and Regulations, the Code of Ethics and the Code of
Professional and Technical Standards for metallurgical engineers,

administrative policies, orders and issuances promulgated by the Boa!

(k) Issue subpoena duces tecum to secure the attendance of witnesses or the
production of documents in connection with administrative cases before
the Board:

(1) Hear and decide administrative cases filed against metallurgical engineers

and firms employing metallurgical engineers. The hearing shall be
presided by the chairperson or a member of the Board with the assistance
of an attorney of the Commission. The decision of the Board may be

appealed to the Commission and to the court within fifteen (15) days from

notice, otherwise the decision shall become final and executory:

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

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

(0) Submit an annual report on the proceedings and accomplishments during
the year and/or recommendations of the Board to the Commission thirty
(30) days after the close of each calendar year;

{p) Prosecute or institute criminal action against any violator of this Act
and/or rules and regulations of the Board:

(q) Prescribe guidelines and criteria on the Continuing Professional Education
(CPE) program for metallurgical engineers in consultation with the

u


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integrated and accredited professional organization of metallurgical
engineers; and

() Perform regulatory, administrative, and quasi-legislative functions as
mandated under R.A. 8981, otherwise known as the PRC Modernization
‘Act of 2000, and such other functions as may be necessary in order to
implement the provisions of this Act.

Sec. 8. Qualifications of the Chairperson and Members of 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 metallurgical engineering as conferred
by an engineering schoo! of good standing, recognized and accredited by
the government;

(c) a registered metallurgical engineer with a valid certificate of registration
and professional identification card and an active practitioner or not less
than ten (10) continuous years prior to the appointment;

(d) a person who does not have any direct or indirect pecuniary interest in any
university, college, school or institution conferring an academic degree
necessary for the admission to the practice of metallurgical engineering, or
in any institution where review classes in preparation for the licensure
examinations for metallurgical engineers are being officially offered or
conducted; and not be a member of the faculty or of the administration
thereof prior to appointment to the Board; and

(©)a member of the accredited professional organization (APO) of
metallurgical engineers but not a trustee or officer thereof.

Sec. 9. Term of Office - The chairperson and the members of the Board shall
hold office for a term of three (3) years from date of appointment or until their
successors shall have been appointed and duly qualified. They may be reappointed
for another term of three (3) years immediately after the expiration of their term but in
no case shall the whole term exceed six (6) years. Interim vacancies shall be filled for
the unexpired portion of the term only.

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

Sec. 10. Compensation of the Board. - The chairperson and members of the

Board shall receive compensation and allowances comparable to that being received


by the chairperson and members of othe: professional regulatory boards under the
Commission as provided for in the Geneval Appropriations Act.

See. 11. Custodian of Records, Secretariat and Support, — All records of

the Board, including applications for examinations, examination papers and results,

minutes of meetings. deliberations of 2

inistrative and other investigative cases
involving the Board shall be Kept by the Commission, The Commission shall

designate the secretary of the Board and shall provide secretariat and other support

services to implement the provisions of this Act

See. 12, Grounds for Removal or Suspension of the Chairperson and
Members of the Board. - The President of the Philippines, upon the recommendation
of the Commission, after due process and administrative investigation conducted by

the Commission, may remove or suspend the chairperson or a member of the Board

on any of the following grounds:

(a) Gross neglect, incompetence or dishonesty in the discharge of their duties:

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

() Manipulation or rigging of the licensure examination result for metallurgical
engineering, disclosure of secret and confidential information on the
examination questions prior to the conduct thereof, or tampering of grades.

See. 13. Annual Report. - fhe Board shall submit an annual report to the

Commission after the close of each calendar year giving detailed account of Board

edinys during the year and embodying such recommendations

pros: 5 the Board may

desire to take.
Article 1
<AMINATION AND REGISTRATION

LICENSURE.

Sec. 14. Passing of Licensure Examination Requirement. - Except as

otherwise specifically allowed under this Act, applicants for registration for the

practice of metallurgical engineering shall be required to pass a licensure examination

as provided for in this Act.

Sec. 15. Holding of Examination. - Examination of candidates applying for

registration as metallurgical engineer shal! he given at least once a year in such places
and dates as the Commission may designate in accordance with the provisions of R.A.

No. 8981



Sec. 16, Scope of Examination. — Unless modified by the Board and

approved by the Commission, the licensure examination shall cover, but shall not be

limited to. the following subjects:

(a) Mineral Processing, ve Metallurgy. Assaying and Chemistry;

(b) Physical and Applied Metalluray;

(c) Fuel Technology and Refractory Science;
ent, Law and Ethics:

and

(d) Engineering Mang

{c) Applied Mathematics and Mechani

(f) Any other pertinent subject as the Board may deem necessary to test the
applicant's ability and knowledge to ensure safety, economy, proficiency
and environmental compliance in the design, construction, installation,

maintenance, operatio

organization and management of metallurgical

plants: Provided, That the relative weight of (a) and (b) subjects shall not
be less than thirty percent (30%) cach.
The Board, subject to the approval of the Commission, may amend or revise

the subjects, their syllabi, passing

erage, and the system and procedure in the
licensure examinations for the practice of metallurgical engineering and the
corresponding weight pursuant to the 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 technolo

changes brought about by continuing trends in the
profession,

Sec. 17. Qualifications of Applicants for Metallurgical Engineer. -
Applicants for the licensure examination for metallurgical engincers shall establish to
the satisfaction of the Board that they possess the following qualifications:

(a) A citizen of the Philippines or a forcign citizen whose country has reciprocity

agreement with the P

ippines:
(b) OF good moral character;

(c) A holder of a degree of Bachelor of Science in Metallurgical Engineering,

Metallurgy or related engineering degree majoring in Metallurgical

Engineering or Metallurgy from a university, school, college, academy. or

institute duly constituted and recognized as such by the government; and
1

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

turpitude.


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4

5
6

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Sec. 18. Examination Fees - Any applicant admitted to take the metallurgical

engineering examination shall pay such fees as may be prescribed by the Comm

nination.

before one shall be aliowed to take the ex:
Sec. 19. Rating in the Licensure Examination. - To pass the licensure
examination for metallurgical engineering, a candidate must obtain a general
weighted average of no less than seventy per centum (70%) and a rating of no less
than fifty per centum (50%) in any examination subject.
See. 20. Report of Ratings. - The Board shall, within fifteen (15) days from
the last day of examinations, report the rating of examinees to the Commission.

Sec. 21. Exemption from Examination. - A person may be registered as

metallurgical enginger and given a license to practice as metallurgical engineer
without examination, who:
a.) had graduated with a degree of Bachelor of Science in Metallurgical

Engineering before the enactment of Presidential Decree No. 1536, the

~Metallurgical Engineering Law of the Philippines” in June 1978 and who.

on the date of

proval of this Act, had an accumulated fifteen (15) years
experience in any of the Metallurgical practice as defined in Sec. 4 of this

Act: Provided, Thai the

id experience is certified by the applicant's
employer’s and approved by the Board; or

b) had graduated with a Doctorate degree in Metallurgy, Metallurgical

ngineering or in related fields: Provided, That the applicant is a graduate

of Bachelor of

cience in Metallurgical Engineering, Metallurgy or related
engineering degree majoring in Metallurgical Engineering or Metallurgy.
An applicant for exemption from examination shall submit to the Board of

Metallurgical Engineering the following

) Diploma or transcript of records; both must be authenticated.

b) A metallurgical engineering reporv/doctoral thesis. which shall serve as a
basis whether the applicant, in the opinion of the Board, deserves
exemption ftom examination,

Sec. 22. Qualifications of Applicants for Metallorgical Plant Foreman, ~

ion without examination as Metallurgical Plant

Applicants for a certificate of re

tisfaction of the

Foreman, shall. prior to admission for certification, establish to the s

Board that they possess the following qualifications.

a) A citizen of the Philippines;


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b) Of good reputation and moral character:
©) At least a high school graduate with at least ten (10) years experience in

Sec. 4 of this Act and as certified by

applicant's present employer. or a graduate of any engineering degree with

at least five (5) years experience in any metallurgical plant as defined in

See. 4 of this Act and as certified by applicant's present employer.
‘The Board shall. subject to the approval of the Professional Regulation
Commission, adopt such rules and regulations as may be necessary to classify

metallurgical foremen to such metallurgical plants as concentrators. foundries,

smelters, refineries and any other specific classifications as may be found necessary.

Sec. 23. Issuance of Certificate of Registration and Professional

identification Card. - A certificate of registration shall be issued to those who are

registered with or without licensure examination subject to payment of fees prescribed
by the Commission. It shall bear the signatures of the Chairperson of the Commission
and of the chairperson and members of the Board, stamped with the official seal of the
Commission and of the Board. certifying that the person named therein is entitled to
ed Mets

all rights and privileges of a Re lurgical Engineer or Metallurgical Plant

Foreman with ali the privileges appurtenant thereto. Until withdrawn. revoked, or

suspended in accordance with this Act. it shal! remain in full force and effect.

A professional identification card bearing the registration number and date, its

validity and expiry duly signed by the Chairperson of the Commission shall likewise

be issued to every registrant who has paid

1¢ prescribed fees.

Sec. 24. issuance of Certificate of Specialization. - Upon the nomination of

the accredited prof

ional organization of metallurgical engineers, the Board shall

issue a certificate of specialization to an applicant who is a registered metallurgical

engineer and who has specialized knowledge. training and experience in a specific

ficld of metallurgy and has documented expertise and competence on the same.
See. 25. Seal of a Metallurgical Engineer. - A metallurgical engineer, upon
registration and payment of fees and dues to the accredited professional organization,

shall obt:

ina seal

of such design prescribed by the Board, bearing the registrant's
end “Ri

name, certificate ber and the le;

Desi

istered Metallurgical Engineer”.

jlity studies. appraisals, valuations,

recommendations, technical reports, proposals, and other professional documents

involvi ies. coal works,

metallurgy. 4)

Tojects or installations shall be



stamped on every sheet with the said scal of the registrant when filed with
{government authorities or when 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 and/or professional identification card shall have been revoked ot
cancelled or expired.

Sec. 26. Fees for Registration. - Every person issued a certificate of

registration shall pay to the Commission such fees as the Commission may prescribe,

Sec. 27. Issuance of Temporary/Special Permits. - Temporary/Special
permits shall be issued to the following upon proper application with the Board:
(a) Foreign metallurgical engineers, recognized as experts in their specific

fields of metallurgical engineering, called in by the Republic of the

Philippines for consultation or for specific design, installation or project:

Provided, That their practice shall be confined to such work only;
(b) Foreign metallurgical engineers who have distinguished themselves in
their respective fields of specialization, contracted as professors or
lecturers on metallurgical engineering subjects by Philippine schools, or
colleges, institutes or universities on a direct hire or exchange basis,
subject to verification of credentials by the Board; or
(c) Foreign metallurgical engineers who are duly registered under the bilateral
or multilateral agreements where the Philippines is a signatory.
Provided, That all the above shall secure a temporary/special permit from the
Board prior to arrival in the country:
Sec. 28. Refusal to Register. - The Board shall not register any successful
applicant for registration with or without licensure examination who has been:
(a) convicted of an offense involving moral turpitude by a court of competent
jurisdiction;
(b) found guilty of immoral or dishonorable conduct by the Board:
(c) summarily adjudged guilty for violation of the General Instruction to
Examinees by the Board; and
(d) declared of unsound mind by @ court of competent jurisdiction
In refusing such registration, the Board shall give the applicant a written
statement setting forth the reasons therefor and shall file a copy thereof in its records.
Sec. 29. Revocation or Suspension of the Certificate of Registration and

Professional Identification Card and Cancellation of Temporary/Special Permit.

ll


= The Board shall have the power, upon notice and hearing, to revoke or suspend the
certificate of regiswation and professional identification card of a registered
metallurgical engineer or to cancel a temporary/special permit granted to a foreign
metallurgical engineer for violation of any of the grounds or causes in Sec. 28 of this
Act, except paragraph (c) thereof, and for any of the following:

(a) Violation of a provision of this Act, its IRR, Code of Ethies, and Code of
Professional and Technical Standards for the practice of metallurgical
engineering:

(b) Perpetration or use of fraud in obtaining one’s certificate of registration,
professional identification card, or temporary/special permit;

(c) Gross incompetence, negligence or ignorance resulting io death, injury or

damage:

(d) Any act of misrepresentation in connection with an alleged performance of
metallurgical engineering activities:

(©) Acts inimical to the metallurgical engineering profession:

(® Gross immorality;

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

(h) Aiding or abetting the illegal practice of a non-registered and non-licensed
metallurgical engineer by allowing the use of one’s certificate of
registration and/or professional identification card, or temporary/special
permit;

(i) Ilegal practice of the profession during the suspension from the practice
thereof; and

(@ Addiction to drugs. or alcohol impairing the ability to practice the
profession, or a declaration by a court of competent jurisdiction that the
registrant is of unsound mind.

‘The Board shall periodically evaluate the aforementioned grounds and revise,
exclude or add new ones as the need arises subject to the approval by the
‘Commission.

Any person, firm or association may file charges in accordance with the
provision of this Section against any registrant, or the Board may investigate violation
of any of the abovementioned causes. An affidavit-complaint shail be filed together
with the affidavits of witnesses and other documentary evidence with the Board

through the Legal and Investigation Office. The Board may mony proprio conduct'an

2


investigation which shall be embodied in a formal charge to be signed by at least a
majority of the members of the Board. The rules on administrative investigation
issued by the Commission shall govern the hearing or investigation subject to
applicable provisions of this Act, R.A. No. 8981 and the Rules of Court.

Sec. 30, Re-issuance of Revoked Certificate of Registration, Replacement
of Lost or Damaged Certificate of Registration, Professional Identification Card
or Temporary/Special Permit. — The Board may. upon petition, reinstate or reissue a
revoked certificate of registration after two (2) years from the effectivity of the period
for revocation, which is the date of surrender of the said certificate and/or’ the
professional identification card if still valid to the Board and/or the Commission. ‘The
Board may not require the holder thereof to take another licensure examination. The
petitioner shall prove to the Board that one has valid reasons to practice’ the
profession. For the grant of the petition, the Board shall issue a Board Resolution
stibject to approval by the Commission.

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

Article IV
PRACTICE OF METALLURGICAL ENGINEERING
Sec. 31. Who May Practice Metallurgical Engineering,

xcept as may be

provided in this Act, only persons properly licensed and registered may practice
metallurgical engineering. For purposes of this Act, no firm, partnership, corporation
or association may be licensed and registered as such for the practice of metallurgical
engineering. but duly licensed and registered metallurgical engineers may form

partnerships-among themselves or with other licensed and registered engineers and

architects and use the title “Metallurgical Engineers.” “Engineers.” or “Engineers and
Architects” in their partnership name.

No firm, partnership, corporation or association shall operate a metallurgical
plant without a minimum complement of licensed metallurgical engineers pursuant to
the implementing rules and regulations issued for this purpose.

Sec. 32. Vested Rights

registered as metallurgical engineers at the time this Act takes effect shall

- All practicing metallurgical engineers who are

automatically be registered under this Act as registered metallurgical engineers.


20

Sec. 33. Roster of Metallurgical Engineers. - A roster showing the names,
registration numbers and dates of issue and expiry, current addresses, place of
business of al! metallurgical engineers shall be prepared and kept by the Commission
which shall be made available to interested parties upon formal written request.

Sec. 34. Foreign Reciprocity. - No foreign metallurgical engineer shall be
issued a certificate of registration to practice the metallurgical engineering profession
or be

which one is a subject or citizen specifically permits Filipino metallurgical engineers

jtled to any of the rights and privileges under this Act unless the country of

to practice within its territorial limits on the same basis as the subjects or citizens of
such foreign state or country.

See. 35. Indication of Certificate of Registration, Professional Tax
Reet
indicate the certificate of registration number and the duration of validity, including

t and APO Membership. - The metallurgical engineer shall be required to

the professional tax receipt number and APO membership fee receipt umber on the
documents one signs, uses or issues in connection with the practice of the profession.

Sec. 36. Posting of Certificates. ~ Registered metallurgical engineers shall
post or cause to be posted in a conspicuous place within the office or place of business
the certificate of registration as metallurgical engineer, and one shall present the same
upon demand of members of the Board or law enforcement officers of the national ,
provincial, city, or municipal governments.

See. 37. Cont
programs. - All registered Metallurgical Engineers and Metallurgical Plant Foremen

ig Professional Education (CPE) and/or development

shall comply with pertinent rules and regulations already prescribed by and/or as may
be prescribed and promulgated by the Commission and/or the Board, the accredited
professional organization and other government agencies, pursuant to this Act and
other relevant laws, international treaties, agreements and/or covenants to which the
Philippines is a signatory and has ratified, with respect to continuing, professional
education and/or development and/or other similar/related programs.

Sec. 38. Integration of the Metallurgical Engineering Profession. - The
metallurgical engineering profession shail be integrated into one (1) national
professional organization of metallurgical engineers that is duly registered with the
Securities and Exchange Commission (SEC). The Board, subject to approval by the
Commission, shall accredit the said organization as the one and only integrated and

accredited professional organization (APO) of metallurgical engineers. All

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25

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metallurgical engineers whose names appear in the Registry Book of Metallurgical
Engineers shall ipso facto or automatically become members thereof and shalll receive
all the benefits and privileges appurtenant thereto upon payment of APO membership
fees and dues.

Membership in the integrated accredited professional organization shall not be

a bar to membership in other metallurgical engineering organizations.
ARTICLE V
PENAL AND GENERAL PROVISIONS
Sec, 39. Penal Clause. ~ The following shall, upon conviction, be punished by
4 fine of not less than Ten, Thousand Pesos (P10,000.00) but not more than One
Million Pesos (P1.000,000.00) or imprisonment of not less than one (1) month but not
more than five (5) years or both at the discretion of the court:

(a) Any person who shall practice metallurgical engineering in the
Philippines, as defined in this Act, without a valid certificate of
registration and a valid professional identification card or
temporary/special permit in accordance with the provisions of this Act,
unless declared exempt from registration:

(b) Any person presenting or using as one’s own the certificate of registration
and/or professional identification card or temporary/special permit of
another:

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

(d) Any person who shall impersonate any registrant of like or different name:

(e) Any person who shall use a revoked or suspended certificate of
registration, and/or a valid professional identification card, or a valid

temporary/special permit or an expired/noncurrent professional

identification card. or an expired cancelled temporary/special permit: or
(A) Any person who shall assume, use or advertise any title or description
tending to convey the impression that one is a metallurgical engineer

without having completed the academic requirements and conferred the

appropriate baccalaureate degree for such. or is engaged in the
metallurgical engineering practice without holding a valid certificate of

ion card. or a valid

registration and a professional identifica

‘special permit from the Board.

temporary


Sec. 40. Legal Effect on Other Professions. -This Act shall not affect or
prevent the practice of any other legally recognized profession.

Sec. 41. Enforcement of the Act by the Officers of the Law. - The Board
shall be assisted by the Commission in carrying out the provisions of this Act and its
implementing rules and regulations and other policies. The lawyers of the
Commission shall act as the prosecutors against illegal practitioners and other
violations of this Act and its rules. The duly constituted authorities of government
shall likewise assist the Board and the Commission in enforcing the provisions of this
Act and its rules.

Sec. 42. Implementing Rules and Regulations. - Subject to the approval of
the Commission, the Board, in consultation with the APO, shall adopt and promulgate
the Implementing Rules and Regulations (IRRs), the Code of Ethics, and the Code of
Professional and Technical Standards of Metallurgical Engineers to carry out the
provisions of this Act.

VSec. 43. Funding Pro
Regulation Commission shall immediately include in the Commission's programs the

m. - The Chairperson of the Professional

implementation of this Act, the funding of which shall be included in the Annual
General Appropriations Act.

Sec. 44. Transitory Provisions. -

(a) After the approval of this Act, metallurgical engineers possessing valid
certificates of registration issued under R.A. 1536, otherwise known as the
Metallurgical Engineering Law of 1978, shall register with the Board and be issued
certificates as registered metallurgical engineers under this Act to replace their
original certificates of registration, upon payment of the required fees.

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

Sec. 45. Separability Clause. - If any Sec. or portion of this Act shall be
declared unconstitutional or invalid, such shal] not invalidate any other Sec. of this
Act.

Sec. 46. Repealing Clause. - Republic Act No. 1536 is hereby repealed. All

other laws, parts of law, orders, ordinances, or regulations relative to the practice of


v

as

metallurgical engineering which are inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

Sec. 47. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation,

Approved,