SIXTEENTH CONGRESS OF THE REPUBLIC)

OF THE PHILIPPINES )
First Regular Session )
32790

HOUSE BILL NO.

Introduced by Representative JESULITO A. MANALO.
of ANGKLA PartyList

AN ACT MODERNIZING THE PRACTICE OF NAVAL
ARCHITECTURE AND MARINE ENGINEERING IN THE
PHILIPPINES AND REPEALING FOR THIS PURPOSE REPUBLIC
ACT 4565, OTHERWISE KNOWN AS “THE NAVAL
ARCHITECTURE AND MARINE ENGINEERING LAW.

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

EXPLANATORY NOTE

In 1965, Republic Act 4565, entitled “An Act to Regulate the
Practice of Naval Architecture and Marine Engineering in the
Philippines” was ratified into law. It was geared towards the
government's orderly administration of all our naval architects and
marine engineers, most particularly their competency and qualification.

Today, with almost 5 decades from the time of its enactment
having lapsed, RA 4565 has clearly become outdated, with most of its
provisions no longer applicable or even relevant. In the meantime, our
naval architects and marine engineers continue to require the much
needed assistance and support of the government. This includes the
enactment of a new and firmer law that should define, with more

Page 1 of 21


precision, among others, the essential minimum requirements for one to
obtain the pertinent license to become naval architects and marine
engineers, as well as the training and education that they must undergo,
in order to continue maintaining such licenses.

This Bill aims to address these much needed and significant
amendments, all with the view to promote better maritime safety and
competency standards to allow our naval architects and marine
engineers to improve and take more pride in their professions, and to
render them globally competitive.

This upgrade will allow our professionals to utilize their skills in
ship design and building, not only here in our country but also
internationally. Then, their contributions are expected to bring in a very
significant growth to our country’s economy as well. Once this is
achieved, the modernization of the practice of naval architecture and
marine engineering will surely lead the Philippines to become a global
maritime nation.

ANGKLA

Page 2 of 21


SIXTEENTH CONGRESS OF THE REPUBLIC )

OF THE PHILIPPINES )
Regular Session )
HOUSE OF REPRESENTATIVE
House Bill No. 3046

Introduced by ANGKLA Partylist Representative JESULITO A
MANALO

AN ACT MODERNIZING THE PRACTICE OF NAVAL
ARCHITECTURE AND MARINE ENGINEERING IN THE
PHILIPPINES AND REPEALING FOR THIS PURPOSE REPUBLIC
ACT 4565, OTHERWISE KNOWN AS “THE NAVAL
ARCHITECTURE AND MARINE ENGINEERING LAW.

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

Section 1. Short Title. This Act shall be known as the “Naval
Architecture and Marine Engineering Law of 2013”

Section 2. Declaration of Policy. The State recognizes the
importance of naval architects and marine engineers in nation building
and development. The State shall therefore develop and nurture
competent, virtuous and well-rounded naval architects and marine
engineers whose standard of professional practice and service shall be of
the highest quality and globally competitive through effective
regulatory measures, programs and activities.

Section 3. Definition of Terms. As used in this Act, the following
terms shall mean as follows:

a) Naval architecture and marine engineering is an engineering

Page 3 of 21


discipline dealing with the design, construction, maintenance
and operation of marine vessels and structures as well as its
machinery and engineering systems.

Naval architecture primarily is concerned with the
hydrodynamic and hull form characteristics of the ship, the
structural design of the hull, its maneuverability
characteristics and its ability to operate in the marine
environment.

Marine engineering primarily is concerned with the
engineering systems including the main propulsion plant, the
power and mechanical aspects of ship functions such as
steering, anchoring, cargo handling, heating, ventilation, air
conditioning, electrical power _— generation and
distribution and communications.

b) The practice of Naval Architecture and Marine Engineering -
a person shall be deemed to be practicing naval architecture
and marine engineering or rendering naval architecture or
marine engineering service when he performs the following:

1) Design, preparation of plans, specifications, estimates,
project/feasibility studies and supervision of _ the
construction, conversion, modification, repair or survey of
any floating vessel or structures, self propelled or otherwise;

2) Design, preparation of plans, specifications, estimates,
project/ feasibility studies and supervision of the installation
of the main propulsion plant, the power and mechanical
aspects of ship functions such as steering, anchoring, cargo
handling, heating, ventilation, air conditioning, electrical
power generation and distribution and communications;

3) Consultation, valuation, investigation and management
services requiring naval architecture and marine engineering,
knowledge;

4) Management, operation and maintenance of any shipyard
facility with graving dock, ship lift and marine slipways,
capable to drydock, repair or do maintenance works on any
floating vessels or structures;

Page 4 of 21


5) _ Teaching of naval architecture and marine engineering
professional subjects in government-recognized and
accredited engineering schools; and

6) Employment in government as a professional naval
architect and marine engineer if his work is in line with his
profession requiring professional knowledge in naval
architecture and marine engineering.

The enumeration of any work in this section shall not be
construed as excluding any other work requiring naval
architecture and marine engineering knowledge and
application, including specialized work like ship salvaging
and ship recycling.

Section 4. Composition of the Board. There is hereby created a
Professional Regulatory Board of Naval Architecture and Marine
Engineering, hereinafter referred to as the Board, under the
administrative control and supervision of the Professional Regulation
Commission (PRC), hereinafter referred to as the Commission,
composed of a Chairman and two (2) members to be appointed by the
President of the Philippines from among those recommended by the
Commission from the nominees of the duly accredited professional
organization of naval architects and marine engineers.

Section 5. Term of Office. The Chairman and the members of the
Board shall hold office for a term of three (3) years from the date of his
appointment or until his successor shall have been qualified and duly
appointed, unless however, that such incumbent member has been re-
appointed for another three (3) year-term.

No Member of the Board shall serve for more than two (2) regular
terms. Any vacancy occurring within the term of a member due to
resignation, conviction of any kind, disability or death, shall be filled by
appointment of the President of the Philippines; and such member
appointed shall serve for the unexpired portion of the term vacated
without prejudice to serve for a maximum of two (2) regular terms. If
the appointee comes from the incumbent Board, he shall serve the

Page 5 of 21


remaining vacated term in addition to the previous years he had
already served and shall be qualified for reappointment in his new
position provided his aggregate number of years of service shall not
exceed two (2) regular terms. Each member of the Board shall take his
oath of office prior to the official performance of his duties.

Section 6. Removal of the Board Members. The President of the
Philippines, upon recommendation of the Professional Regulations
Commission, may suspend or remove any member of the Board for
neglect of duty, incompetence, manipulation or rigging of the licensure
examination results, disclosure of confidential information like the
examination questions prior to the conduct of the said examination, or
tampering of the grades therein; for unprofessional or unethical
conduct, or for any final judgment or conviction of any criminal
offense by the Courts and after having given the member concerned an
opportunity to be heard and defend himself/herself in a proper
administrative investigation.

Section 7. Powers and Duties of the Board. The Board shall exercise
the following specific powers, functions, duties and responsibilities:

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

b) To supervise the registration, licensure and practice of naval
architects and marine engineers in the Philippines:

c) To administer oaths in connection with the successful
examinees entering the practice of naval architecture and
marine engineering;

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

e) To issue, suspend or revoke, after due process, certificates of
registration and issue, cancel or suspend professional license or
cancel special permits for the practice of naval architecture and
marine engineering for cause as provided by law;

f) To adopt an official seal of the Board;

g) To look into the conditions affecting the practice of the
profession and whenever necessary, adopt such measures as

Page 6 of 21


may be deemed appropriate for the continuous enhancement
and maintenance of high professional and ethical standards in
the profession for the protection of public welfare, life, health
and property;

h) To prescribe and/or adopt a Code of Ethics and Professional

Standards for the practice of the profession;

To hear and try administrative cases involving violations of
this Act, its Implementing Rules and Regulations, the Code of
Ethics and Professional Standards, 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;

To prescribe guidelines for the Continuing Professional
Education (CPE) program in coordination with the
accredited professional organization for naval architects and
marine engineers;

k) To prepare, adopt, issue or amend the syllabi of the subjects for

})

Board examinations;

Study, examine and recommend, in coordination with the
Commission on Higher Education (CHED) and the Technical
Education and Skills Development Authority (TESDA), and in
consultation with other concerned government entities and the
accredited professional organization for naval architecture and
marine engineering, the essential requirements as to the
curricula and facilities of schools, colleges or universities
seeking permission to open courses or programs or already
offering courses or programs in naval architecture and marine
engineering and related courses or programs and to see to it
that these requirements, including employment of qualified
faculty members, are properly complied with;

m) shall perform such other functions as may be necessary in

order to implement the provisions of this Act.

Page 7 of 21


Section 8. Qualifications of Members of the Board. The Chairman and
Members of the Board, at the time of their appointment, shall be:

a)

b)

5)

A natural born citizen and resident of the Philippines for at
least five (5) consecutive years prior to his/her appointment;

At least thirty-five (35) years of age;

Holder of the degree of Bachelor of Science in Naval
Architecture and Marine Engineering conferred by a school,
college or university in the Philippines recognized by the
Commission on Higher Education (CHED);

d) A naval architect and marine engineer duly registered by the

e)

Professional Regulations Commission and who has been in
active practice for at least 10 years prior to his appointment,
either in self-practice, employment in the private sector or
government service;

A member in good standing of the accredited professional
organization for naval architecture and marine engineering;

A person who, for a period of three (3) consecutive years
prior to his appointment, is not a member of the faculty of
any school, college or university conferring an academic
degree and/or certification/accreditation necessary for
admission to the practice of Naval Architecture and Marine
Engineering nor have any pecuniary interest in or
administrative supervision over any such institutions of
learning;

g) A person who, for a period of three (3) consecutive years prior

to his appointment, is not connected with a review center nor
with any group where review classes in preparation for the
licensure examination are being conducted;

h) A person who has not been convicted of an offense involving

moral turpitude.

Section 9. Supervision of the Board, Custodian of its Records,
Secretariat and Support Services. The Board shall be under the general

Page 8 of 21


supervision of the Professional Regulations Commission.

All records of the Board, including applications for
examination, examinations papers and results, minutes of
deliberation, administrative cases and other investigative cases
involving the profession shall be kept by the Commission.

The Commission shall designate the Secretary of the Board and
shall provide Secretariat and other support services to implement the
provisions of this Act.

Section 10. Compensation and Allowances of the Board Members.
The Chairman and members of the Board shall receive compensation
and allowances comparable with the compensation and allowances
being received by the Chairmen and members of existing regulatory
boards in the Professional Regulations Commission and as maybe
provided for in the General Appropriations Act.

Section 11. Annual Report. The Board shall, within thirty (30)
days after the close of each calendar year, submit an annual report to
the President of the Philippines through the Professional Regulations
Commission, giving a detailed account of its proceedings and
accomplishments during the year and making recommendations for the
adoption of measures that will upgrade and improve the conditions
affecting the practice of the profession in the Philippines.

Section 12. Licensure Examination, Fees and Schedule. All
applicants for registration for the practice of naval architecture and
marine engineering shall be required to pass a written technical
examination as provided for in this Act.

Every applicant admitted to take the examination shall pay
fees as may be prescribed before he/she is allowed to take the
examination.

Examination of applicants shall be given once a year on the date
and venue prescribed by the Professional Regulations Commission and
shall be conducted by the Professional Regulatory Board of Naval
Architecture and Marine Engineering.

Page 9 of 21


Section 13. Qualification for Examination. Any person applying for
admission to the naval architecture and marine engineering
examination shall establish to the satisfaction of the Board that:

a) He is a citizen of the Philippines;

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

©) He holds a degree of Bachelor of Science in Naval Architecture
and Marine Engineering from a school, college or university
duly recognized the Commission on Higher Education.

Section 14. Scope of Examination. The examination for
naval architect and marine engineer shall consist of written tests which
shall cover subjects prescribed by the Board and include at least the
following: general engineering, naval architecture, marine engineering,
ship design and construction, compliance to maritime rules and
regulations and such other pertinent subjects as the Board may deem
necessary.

Section 15. Ratings. To pass the examination, a candidate
for a registered naval architect and marine engineer must obtain an
average of seventy (70%) per cent on all subjects, with no rating below
sixty (60%) percent in any of the subjects.

Section 16. Report of Ratings. The Board shall submit to the
Professional Regulations Commission the ratings obtained by each
candidate within fifteen (15) days after the examinations unless
extended for just cause.

Section 17. Re-examination. An applicant who fails to pass
the examination for the third time shall be allowed to take another
examination only after the lapse of one (1) year.

Section18. Issuance of the Certificate of Registration and
Professional License. Upon payment of the registration fees as established
by the Professional Regulations Commission, the Board shall issue a
certificate of registration to any applicant who has met all the
requirements specified in this Act. All certificates of registration shall

Page 10 of 21


indicate the full name of the registrant and his registration number and
shall be signed by all the members of the Board and the Commission
and affixed with the official seal of the Commission.

A professional license bearing the registration number, date of
issuance, expiry date and duly signed by the Chairman of the
Commission, shall likewise be issued to every registrant provided the
applicable professional identification card fees have been paid and a
valid/current membership identification card from the accredited
professional organization has been submitted.

No person shall practice naval architecture and marine
engineering in the Philippines unless such person shall have secured a
license to practice naval architecture and marine engineering in the
manner herein provided. A licensee is entitled to practice the
profession with all the privileges appurtenant thereto, subject to
compliance with all applicable requirements. The said certificate shall
remain in full force and effect until withdrawn, suspended or revoked
in accordance with this Act.

Section 19. Oath. All successful candidates in the
examination shall be required to take an oath of profession before the
Board or any government official authorized to administer oaths prior
to entering the practice of naval architecture and marine engineering.

Section 20. Integrated and Accredited Professional Organization.
There shall be one (1) integrated and Accredited Professional
Organization (APO) for naval architects and marine engineers in the
country, which shall be registered with the Securities and Exchange
Commission as a non-stock, non-profit corporation and recognized by
the Commission and all government agencies as the one and only
integrated and accredited national organization for the said
professionals.

Every naval architect and marine engineer, upon registration with
the Commission, shall ipso facto become a member of this Accredited
Professional Organization. Those who have been previously
registered by the Board and Commission but are not members of
this Accredited Professional Organization at the time of effectivity of
this Act shall be allowed to register as members of this organization

Page 11 of 21


within one (1) year after the effectivity of this Act. Membership in this
Accredited Professional Organization shall not be a bar to membership
in other professional associations, maritime related or not.

The Accredited Professional Organization shall implement the
continuing professional education, accredit other related organizations
or entities to provide continuing professional education and/or
development programs promulgated by the Board and/or the
Commission, compliance to these continuing educational and
development programs shall be one of the requirements for the
maintenance of membership in good standing of the professional in the
Accredited Professional Organization. All members of good standing
of this Accredited Professional Organization shall be issued a
membership card indicating the membership number and validity
period which shall be affixed to all plans, specifications and any
document signed by the member in the course of his practice of the
profession.

Failure to maintain membership in good standing in the
Accredited Professional Organization shall be a cause for delisting in
the roster of professionals.

Section 21. Continuing Professional Education (CPE) and/or
Development Programs. All registered naval architects and marine
engineers, shall comply with the applicable rules and regulations
already prescribed by or as may be prescribed by the Commission,
Board or Accredited Professional Organization pursuant to this Act and
other relevant laws, international agreements or covenants to which the
Philippines is a signatory and has ratified with respect to Continuing
Professional Education and Continuing Development Programs.

Section 22. Exemption from Examination and Registration. No
examination nor registration shall be required for the following
persons but subject to their proper application from the Board to issue
the appropriate Temporary /Special Permits:

1) Foreign professional naval architects and marine engineers
who are temporarily employed by the Philippine government
or private firms to work in the Philippines with the applicable

Page 12 of 21


cases:

a) Where no qualified equivalent Filipino professional naval
architect and marine engineer is available for the specific
work to be rendered as attested to by the accredited
professional organization;

b) Where the conditions of the scope and funding for the work
or project are such that it stipulates the temporary
employment of a foreign professional naval architect and
marine engineers;

0

As defined in the General Agreement on Trade and
Services, the ASEAN and APEC Engineer Registry
programs and other similar international _ treaties,
agreements and/or covenants to which the Philippine
Government is a signatory and has ratified: Provided,
however, that:

i) The said foreign professional is legally qualified to
practice his/her profession in his/her own country in
which the required standards for examination and
registration are not lower than those specified in this
Act;

ii) The work to be performed by said foreign professional
shall be limited only to the particular work or project for
which he/she was specifically contracted;

iii) Prior to commencing the work, the foreign professional
shall secure a Temporary/Special Permit from the
Board, which shall be subject to the approval of the
Commission: Provided, that no working visa and/or
permit shall be issued by the Department of Labor and
Employment unless such Temporary /Special Permit has
been granted first;

iv) The same foreign professional shall not engage in private
practice on his/her own account;

Page 13 of 21


v) For every foreign professional contracted for the work or
project, at least one (1) corresponding Filipino professionals
who are registered under this Act shall be employed as
counterparts by the Philippine Government or the private firm
utilizing the services of such foreign professional for at least
the same duration of time as the foreigner's tenure of work;
and

vi) The Temporary/Special Permit herein granted shall be
valid only for a period of not more than six (6)
months and renewable every six (6) months thereafter
subject to the discretion of the Board and the approval of
the Commission: Provided, That said Permit shall cease to
be valid if the foreign professional terminates his/her
employment in the work or project for which said
permit was originally granted and thereafter engages in
an occupation that requires another Special Permit
under this Act.

2) Any Filipino may make plans or specifications for any boat,
dugout or other floating vessels made of wood, fiber-reinforced
plastic, steel and other materials, (5) gross tons or less, for
pleasure or business purposes; and may construct for himself,
either personally or otherwise, any such floating vessel without
utilizing the services of a registered naval architect and marine
engineer as long as these do not exceed (5) gross tons;

3) Nothing in this Act shall be construed to prevent draftsmen,
apprentices and subordinates of or other persons undergoing
training under the supervision of those lawfully engaged in the
practice of naval architecture and marine engineering from
performing any of the acts constituting such practice under the
instruction, control and supervision of their engagement.

Section 23. Non-issuance of Certificate of Registration and/or
Professional Identification Card for Certain Grounds. The Board and/or the
Professional Regulations Commission shall not register and thus shall
not issue a Certificate of Registration and Professional Identification
Card to any person convicted by a court of competent jurisdiction of
any criminal offense involving moral turpitude, or immoral or

Page 14 of 21


dishonorable conduct or to any person of unsound mind, furnishing the
party concerned a written statement containing the reasons for such
action, which statement shall be incorporated in the records of the
Board.

Section 24. Suspension and Revocation of Certificate of
Registration, Professional Identification Card and Temporary/Special Permits.
The Board shall have the power, after due consultation and/or
recommendation by the accredited professional organization and upon
due notice and hearing, to suspend or revoke the certificate of
registration, professional identification card and temporary/special
permits for any cause including but not limited to the use of fraud or
deceit in obtaining said documents, incompetence, negligence or
abetment of the illegal practice of the profession, violations of the
provisions of this Act, its implementing rules and regulations and the
Code of Ethics for Naval Architects and Marine Engineers.

Section 25. Reinstatement, Re-issuance or Replacement of
Certificate of Registration, Professional Identification Card and
Temporary/Special Permits. The Board, upon application and for reasons
deemed proper and sufficient, may reinstate the validity of a revoked
Certificate of Registration, Professional Identification Card and
Temporary /Special Permit, two (2) years after its revocation, subject to
compliance with the requirements and penalties to be imposed by the
Board and/or Commission, if any: Provided, That he/she did not
commit any illegal practice of the profession or any violation of this
‘Act, its implementing rules and regulations and the Code of Ethics for
Naval Architects and Marine Engineers during the time that his
Certificate of Registration, Professional Identification Card and
Temporary /Special Permit was revoked.

A new Certificate of Registration, Professional Identification Card or
Temporary /Special Permit to replace any lost, destroyed or mutilated
Certificate of Registration or Professional Identification Card may be
issued, subject to the rules promulgated by the Board and the
Commission, and upon payment of the required fees.

Page 15 of 21


Section 26. Renewal of License. The professional license shall serve
as evidence that the licensee can lawfully practice his profession until
the expiration of its validity. However, renewal of license can only be
done upon payment of renewal fee corresponding to three (3)
consecutive years and paid after a valid/current membership
identification card from the accredited professional organization has
been submitted.

Section 27. Seal of Registered Naval Architects and Marine
Engineers. All registered naval architects and marine engineers shall
obtain and use a seal of a design prescribed by the Board, bearing the
registrant's name, the registration number and the legend, “Registered
Naval Architect and Marine Engineer”.

Designs, plans, specifications, project studies, reports, proposals
and other professional documents prepared by and/or executed under
the supervision of and issued by a registered naval architect and marine
engineer shall be stamped on every sheet/page with said seal with
indicating his signature, current Professional Tax Receipt (PTR)
number, date/place of payment and valid/current membership
identification number from the accredited professional organization
when filed with government authorities or when submitted or used.
professionally; Provided, that it shall be unlawful for any one to
stamp with said seal any document if his professional license have
been revoked or due to expire within one (1) month.

Section 28. Vested Rights. All naval architects and marine
engineers holding a valid Certificate of Registration and Professional
Identification Card at the time of effectivity of this Act shall be
automatically registered and recognized as Registered Naval Architects
and Marine Engineers and shall be issued a new Certificate of
Registration and Professional Identification Card with the same license
number as their original Certificate of Registration and Professional
Identification Card, subject to the payment of prescribed fees and other
requirements of the Board and/or Commission.

Section 29. Prohibitions. Unless authorized under this Act, it shall
be unlawful for:

a) any person to order or otherwise cause the construction,

Page 16 of 21


conversion or alteration of any floating vessel or equipment
for any work or project to be done in the Philippines whether
for domestic or overseas trade unless the design, plans or
specifications have been prepared under the responsible
charge of, and duly signed and sealed by a registered naval
architect and marine engineer.

Likewise, said design, plans or specifications must be
approved by a registered naval architect and marine
engineer in accordance with the standards prescribed by
national and/or international maritime rules, regulations and
conventions.

b) any person to admeasure and calculate gross and net tonnages
of vessels of more than five (5) gross tons for the assessment of
anchorage, wharfage berthing, pilotage, dry docking, Panama
or Suez Canal dues and other passages; and to inspect vessel's
hull, its outfitting and its main and auxiliary machineries
unless carried out by or be under the responsible charge of a
registered naval architects and marine engineers;

©) any person to teach professional subjects in naval architecture
and marine engineering course unless he is, at least, a duly
registered and licensed naval architect and marine engineer by
the Board and Commission;

d) any shipyard for new building, conversion, alteration or
repair of any floating vessel or equipment to operate
without contracting the services of a registered and licensed
naval architect and marine engineer;

e) any ship recycling or ship salvaging works or projects to be
performed without contracting the services of a registered and
licensed naval architect and marine engineer;

f) any classification society or third party certification body
operating in the country, whether wholly-owned by Filipino or
part of a multinational organization, to conduct surveys and
inspection of floating vessels and equipment without
contracting the services of a registered and licensed naval

Page 17 of 21


architect and marine engineer, and;

g) any firm, partnership, corporation or association to be
registered and licensed to practice of naval architecture and
marine engineering as only persons who are properly
registered and licensed may practice naval architecture and
marine engineering. However, duly registered and licensed
naval architects and marine engineers may form partnerships,
corporations or associations among themselves or with other
registered and licensed architects or engineers and use the title
"Naval Architects", “Marine Engineers”, “Architects” or
"Engineers" in their company’s corporate name.

Section 30. Foreign Reciprocity. No foreigner shall be admitted for
registration as licensed naval architect and marine engineer with or
without examination under this Act unless he/she proves in the manner
as provided by the Board that, by specific provisions of law, the country
or state of which he/she is a citizen, subject or national, or in
accordance with international treaties, agreements and/or covenants to
which their country or state is a signatory, admits Filipino citizens
to practice as licensed naval architect and marine engineer after an
examination or registration process on terms of strict and absolute
equality with the citizens of said country or state, including the
unconditional recognition of professional licenses issued by the Board
and/or the Commission and prerequisite degrees/diplomas issued by
institutions of learning duly recognized by the government of the
Republic of the Philippines.

Section 31. Roster of Naval Architects and Marine Engineers. The
Board shall prepare and maintain a roster of the names, residence
and/or office address of all registered naval architects and marine
engineers, which shall be updated annually in cooperation with the
accredited professional organization, indicating therein their status of
the Certificate of Registration, Professional Identification Card and
membership in the Accredited Professional Organization, whether
valid, inactive due to death or other reasons, delinquent, suspended or
revoked. The said roster information shall be made available to the
public upon inquiry or request.

Page 18 of 21


Section 32. Positions in Government Requiring the Services of
Registered and Licensed Naval Architects and Marine Engineers. Within one
(1) year from the effectivity of this Act, all existing and proposed
positions in the local and national government, whether career,
permanent, temporary or contractual and primarily requiring the
services of naval architects and marine engineers shall accordingly be
filled only by registered and licensed naval architects and marine
engineers.

The Maritime Industry Authority, the Philippine Coast Guard and
the Board of Marine Inquiry as convened shall provide permanent seats
in their respective Boards for the accredited professional organization of
naval architects and marine engineers in order to continuously promote
and sustain maritime safety in the country with sound technical advice
and guidance on ship design, construction, operations and
maintenance.

Section 33. Enforcement Assistance to the Board. 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 prosecutors against illegal
practitioners and other violators of this Act and its rules. The duly
constituted authorities of the government shall likewise assist the Board.
and the Commission in enforcing the provisions of this Act and its
tules.

Section 34. Penal Clause. In addition to the administrative
sanctions imposed under this Act, any person who violates any of the
provisions of this Act and its rules and regulations shall, upon
conviction be penalized to a fine of not less than fifty thousand (PHP50,
000.00) pesos nor more than one million (PHP1, 000,000.00) pesos or
imprisonment for a period of not less than six (6ymonths nor more than
three (3) years or both fine and imprisonment at the discretion of the
court.

Section 35. Implementing Rules and Regulations. Subject to the
approval of the Commission, the Board in coordination with the
accredited professional organization, shall adopt and promulgate such
rules and regulations including the Code of Ethics and Code of
Technical Standards of Practice for Registered Naval Architects and

Page 19 of 21


Marine Engineers to comply with the provisions of this Act within
ninety (90) days after approval of this Act and which shall then be
published in the Official Gazette or a newspaper of general circulation
and shall be effective fifteen (15) days after publication therein.

Section 36. Funding Provisions. Such sums as may be necessary
follow to carry out provisions of this Act shall be included in the
General Appropriations Act of the year following its enactment into
law and thereafter.

Section 37. Repealing Clause. Republic Act No. 4565 is hereby
repealed and all other laws, decrees, orders, rules and regulations,
ordinances, and other issuances or parts thereof, which are inconsistent
with this Act, are hereby superseded, repealed or amended accordingly.

Section 38. Separability Clause. If any provisions of this Act or any
portion hereof is declared unconstitutional by any competent court, the
other provisions hereof shall not be affected thereby.

Section 39. Transitory Provisions.

a) Upon approval of this Act, valid Certificates of Registration
and Professional Identification Cards as possessed by
registered and licensed naval architects and marine engineers
shall continue to be valid until its expiry. After which, they
shall be renewed in full compliance with all provisions of this
Act.

b) Faculty members currently teaching naval architecture and
marine engineering courses in higher education institutions
shall not be allowed to continue teaching after one (1) year
from the approval of this Act, unless they are or have become,
at least, a Registered Naval Architect and Marine Engineer.

°

Upon effectivity of this Act, the present Board of Naval
Architecture and Marine Engineering shall continue to
function in the interim until such time as the new Board shall
have appointed and constituted. This new Board shall
formulate and thereafter promulgate the implementing rules
and regulations of this Act in consultation with the Accredited

Page 20 of 21


Professional Organization.
Section 40. This Act shall take effect fifteen (15) days following its

full publication in the Official Gazette or any newspaper of general
circulation.

Page 21 of 21