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Republic of the Philippines one IVED A
HOUSE OF REPRESENTATIVES “OT AB 207
Quezon City © oy ie 8

SEVENTEENTH (17") CONGRESS
Second Regular Session

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HOUSE BILL NO. 6094

Introduced by Representative Manuel Monsour T. Del Rosario III

EXPLANATORY NOTE

This bill seeks to amend certain portions of Republic Act No. 8495, An Act Regulating the
Practice of Mechanical Engineering in the Philippines otherwise known as the “Philippine
Mechanical Engineering Act of 1998”.

Over the years, due to the terminology used in R.A. 8495, specifically Section 3(c) thereof,
residential, office, commercial, and mixed-used buildings, in particular non-stock, non-profit
condominium corporations whieh are in the nature of Homeowners’ Associations, have
experienced difficulty in obtaining certain local government permits and/or clearances since they. L-

are unable to comply with the requirements under Sections 33 and 34 of R.A. 8495. The Taw,

intended to regulate the practice of mechanical engineering, is affecting citizens residing and
working in buildings for the sole reason that under R.A. 8495 elevators, escalators, air-
conditioning, heating, and ventilation equipment are considered “mechanical processes, works,
projects, or plant-in-progress”. Thus, these residential, office, commercial, and mixed-used
buildings are being required to comply with rules which were never intended to cover them. While
‘gompliance has been attempted, the prohibitive cost of hiring mechanical engineers to stay in a
Single building to maintain the elevators, escalators, air-conditioning and the like, as well as the
apparent insufficiency of available mechanical engineers to support every building in the country
thwart any real compliance with the law.

Indeed, the amendment is necessary to clarify that the aforementioned buildings are not

within the contemplation of the law since these are not mechanical works, projects, or plants in

tion. The usual equipment or machinery in a building which are appurtenant to its use (such

as elevators and escalators) do not require a professional mechanical engineer on stand-by since

there are already agreements/contracts for the maintenance of the same with the elevator/escalator

supplier/service provider. Professional mechanical engineers command a substantial salary, and

condominium corporations and buildings simply cannot afford to hire several shifts of them to
comply with the requirements of the law.

Hence, there is a need to amend the law to alleviate this unnecessary burden on the people
and to curb this potential source of corruption in local governments.

In view of the foregoing, approval of this measure is fervently sought.

zy
M, EL MONSOUR T. DEL ROSARIO III


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH (17") CONGRESS
Second Regular Session

6094

HOUSE BILL NO.

Introduced by Representative Manuel Monsour T. Del Rosario III

AN ACT
AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8495, OTHERWISE
KNOWN AS THE PHILIPPINE MECHANICAL ENGINEERING ACT OF 1998

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

SECTION 1. Section 3(c) of Republic Act No. 8495 is amended to read as follows:

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

(©) Mechanical processes, works, projects, or plants shall include stem
plants, geothermal plants, dendro-thermal plants, nuclear plants, ocean thermal
energy conservation (OTEC) plants, internal combustion plants hydraulic plants,
pumping plants, compressed gas plants, all kinds of mills, shops, factories,
shipyards drydocks, heating, air-conditioning, ventilating and refrigeration plants
containing any mechanical equipment machinery or process deriving power from
steam, fossil fuels, wind, air, gas, water, solar heat, nuclear energy, ocean waves
and tides, or other energy sources, PROVIDED, THAT BUILDINGS USED
FOR RESIDENTIAL, OFFICE, COMMERCIAL, OR MIXED-USE WHICH
UTILIZE THE FOLLOWING MECHANICAL EQUIPMENT SHALL NOT
BE DEEMED TO BE OPERATING MECHANICAL PROCESSES, WORKS,
PROJECTS, OR PLANTS: (1) ELEVATORS; (2) ESCALATORS; (3)
HEATING; (4) AIR-CONDITIONING; (5) VENTILATING EQUIPMENT;
OR (6) OTHER MECHANICAL EQUIPMENT NECESSARY AND
DESIRABLE FOR RESIDENTIAL, OFFICE, OR COMMERCIAL
PURPOSES.”

SEC. 2. Separability Clause. — If any provisions of this Act are subsequently declared
invalid or unconstitutional, other provisions hereof which are not affected thereby shall remain in
full force and effect.

SEC. 3. Repealing Clause. — All laws, acts, presidential decrees, executive orders,
issuances, presidential proclamations, rules and regulations or parts thereof which are contrary to
and inconsistent with an provision of this Act are hereby repealed, amended, or modified
accordingly.


SEC. 4, Effectivity. — This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in two (2) newspapers of general circulation.

Approved,