REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
‘Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

House Bill No. 7686

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

EXPLANATORY NOTE

The Philippine mining industry is a major contributor to the Gross Domestic Product (GDP) of
the country and has been experiencing robust growth in recent years. The strength of the mining
industry has attracted the attention of both foreign and domestic investors, and has seen the
‘emergence of business and professional groups who adopted and formulated professional titles,
technical standards and mineral reporting codes without any authorization from law.

In the absence of clear-cut provisions in the Mining Engineering Law of 1965, these professional
titles, technical standards and mineral reporting codes have been adopted and used by some

the majority of Registered Mining Engineers.

Furthermore, the Philippine Government, through the Department of Trade and Industry (DTI),
has already signed with other Southeast Asian countries, an ASEAN Mutual Recognition Act
which would eventually allow foreign Mining Engineers to practice in the Philippines. This is in
violation of the Philippine Constitution. Moreover, several private groups such as the APEC
Engineer, in which the Professional Regulations Commission is a member, has been issuing
professional titles such as APEC Engincers while there are also some who has been issuing
professional titles such as ASEAN Engineers, Competent Persons, and Qualified Persons. These
unauthorized activities have caused confusion in the Philippine Mining Industry particularly
among Registered Mining Engineers because such activities tend to discriminate against majority
of Registered Mining Engineers and eliminate many of the rights and privileges already granted
to them by RA 4274 or the Mining Engineering Act of 1965.

To this end, there is a need to protect the vested rights and privileges of Registered Mining
Engincers in good standing with the Professional Regulations Commission (PRC), and to update
the Mining Engineering Act of 1965, to harmonize it with other engineering professions and
make the mining industry more professionally competitive.

In view thereof, passage of this bill is urgently sought

ARYL. ALEJANO
Representative
Magdalo Para sa Pilipino Party-List


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

7686

House Bill No.

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

AN ACT
REGULATING THE PRACTICE OF MINING ENGINEERING IN THE PHILIPPINES,
REPEALING FOR THE PURPOSE REPUBLIC ACT NUMBERED FOUR THOUSAND
TWO HUNDRED SEVENTY FOUR (R.A. NO. 4274), AS AMENDED ENTITLED
"MINING ENGINEERING LAW OF THE PHILIPPINES," AND FOR OTHER
PURPOSES.

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

ARTICLE I
GENERAL PROVISIONS
SECTION 1. Title. - This Act shall be known as the "New Mining Engineering Act of
2018."

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to supervise
and regulate the practice of mining engineering which is vital to national development; and
upgrade the quality of mining engineers whose standards of professional practice shall be at par
with the best in the world and to reserve the practice of mining engineering to Filipino citizens.

SEC. 3. Objectives. - This Act shall govern:
a) the examination, registration, and licensure of professional mining engineers, registered
mining engineers and certified mine foremen;

b) the supervision, control, and regulations of the practice of mining engineering;

) the development and upgrading of the curriculum of mining engineering profession;
d) the development of the professional competence of mining engineers through continuing
professional education; and

©) the integration of the mining engineering profession.

SEC. 4. Definition of Terms. - As used in this Act, the following terms shall mean as
follows:

a) Practice of mining engineering shall mean the rendering or offering of mining
engineering services for a fee, salary, reward or compensation, paid to him/her or through
another person or persons, or even without such reward or compensation. The term
“practice of mining engineering" shall be synonymous to "rendering of mining
engineering service”.

b) Mine shall mean all kinds of excavations and/or extractions aimed at extracting minerals,
materials, ores and/or energy resources for beneficial usage.


©) MineraV/ore resource shall mean a concentration or occurrence of minerals/materials of
intrinsic economic interest in or on the earth's crust in such form and quantity that there
are reasonable prospects for eventual economic extraction.

4) Mineral/Ore reserve shall mean that portion of a mineral resource that is economically
mineable which, after the application of all mining factors, result in an estimated tonnage
and grade, that based on the certification of the mining engineer making the estimates,
can be the basis of a viable project after taking into account all relevant mining,
metallurgical processing, economic, marketing, legal, environmental, social and
regulatory factors.

¢) Energy resources shall mean coal, gas, petroleum, geothermal fluids or radioactive
minerals that can be mined or harnessed for the production of power and other beneficial

usage.

f) Mine installations shall mean surface, underground or underwater excavations that
require knowledge of mining engineering.

g) Mining engineer shall mean a person who is a holder of a valid Certificate of Registration
and Professional Identification Card issued by the Board of Mining Engineering and the
Professional Regulation Commission.

SEC. 5. Scope of Practice. - A person shall be deemed to be practicing the profession of

mining engineering or rendering mining engineering services within the meaning and intent of
this Act when he/she performs, but not limited to, any or all of the following:

a) Management, engineering or supervisory positions in mines, mine installation or
construction projects where knowledge in mining engineering is necessary in carrying out
such function;

b) Calculation, estimation and certification of mineral and/or ore reserves, preparation of
mine pre-feasibility and feasibility studies; mine valuation, mine auditing, mine
consulting, third party fairness opinion, third party mine audits and appraisal of mining
machinery and equipment;

©) Participation in the preparation of environmental studies for mining projects and
monitoring under the Environmental Impact Assessment (EIA) system that calls for
knowledge of mining engineering;

d) Preparation, approval or signing of mining documents such as but not limited to mine
reports, mine plans and designs, specifications or project estimates, and mining engineer's
report;

e) Design of mines, mining methods and applicable machinery, works or installation and
commissioning or decommissioning of mines;

f) Employment in government service, if the nature and character of his/her work is in line
with the profession requiring professional knowledge of mining engineering;

2) Management or supervision of small scale mines or similar projects as prescribed by law;

h) Formulation of Mineral Reporting Codes and/or Engineering/Technical standards for use
by Professional and Registered Mining Engineers;

i) Teaching, lecturing and reviewing of professional mining engineering subjects in
‘government recognized and accredited universities, colleges, schools and institutes;


j)_ Use of "E.M." after his/her name;
k) Use of a temporary permit; and

}) All other functions, services and activities which, in the assessment and opinion of the
Board, the same constitute the practice of Mining Engineering.

ARTICLE I
CREATION OF THE PROFESSIONAL REGULATORY BOARD
FOR MINING ENGINEERS

SEC. 6. Composition of the Board of Mining Engineering. - There is hereby created a
Professional Regulatory Board of Mining Engineering, hereinafter referred to as the Board,
under the administrative control and supervision of the Professional Regulation Commission,
hereinafter called 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 (APO) of
mining engineers. The new Board shall be constituted three (3) months from the effectivity of
this Act.

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

a) To supervise and regulate the practice of mining engineering profession;

b) To determine and evaluate the qualifications of the applicants for registration;

) To prescribe the subjects in the licensure examinations, determine the syllabi of the
subjects and their relative weights, construct the test questions in the examinations, score
and rate the examination papers, and submit the examination results to the Commission;

d) To issue together with the Commission, Certificates of Registration and Professional
Identification Cards to applicants who have passed the licensure examinations for
registered mining engineers;

©)

To issue temporary permits to foreign mining engineers;

f) To 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 mining engineers practice
their profession such as mines, 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) In coordination with the Commission on Higher Education (CHED), inspect the facilities,
faculty, equipment and other aspects directly related to the mining engineering program
of educational institutions;

h) To adopt the Implementing Rules and Regulations (IRR) necessary for carrying out the
provisions of this Act;

i) To adopt a Code of Ethics, Reporting Codes and a Code of Professional and Technical
Standards for the practice of the Mining Engineering profession;

j) To 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 mining
engineers, administrative policies, orders and issuances promulgated by the Board;


k) To issue subpoena duces tecum to secure the attendance of witnesses or the production of
documents in connection with administrative cases before the Board;

1) To hear and decide administrative filed against mining engineers and firms
employing mining engineers. The hearing shall be presided by the chairman or a member
of the Board with the assistance of an Attomey 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 executor;

m) To administer oaths in connection with the performance of its functions;

1n) To adopt an official seal and prescribe the seal of the mining engineering profession;

©) To 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) To prosecute or institute criminal action against any violator of this Act and/or rules and
regulations of the Board;

q) To prescribe guidelines and criteria on the Continuing Professional Education (CPE)
program for mining engineers in consultation with the integrated and accredited mining
engineer organizations; and

1) To perform regulatory, administrative, and quasi-legislative functions as mandated under
R.A. 8981 otherwise known as the Pre-Modernization Act, and such other functions as
may be necessary in order to implement the provisions of this Act.

SEC. 8. Qualifications of the Chairman and Members of the Board - The Chairman

and members of the Board, at the time of his/her appointment, must be:

a) a natural bom citizen and resident of the Philippines for at least ten (10) consecutive
years;

b) at least thirty-five (35) years of age, of proven integrity, with high moral values in his
personal as well as his professional conduct;

©) person with no final conviction by a court of an offense involving moral turpitude;

d) at least a holder of a Bachelor's Degree in Mining Engineering (BSEM) from a
university, school, college, academy or institution duly constituted, recognized and
accredited by the Philippine Government;

©) a Professional ing Engineer with a valid certificate of registration and professional
identification card and an active practitioner for not less than ten (10) continuous years
prior to his/her appointment with a sworn statement as such;

f) a person who does not have any pecuniary interest, directly or indirectly in any
university, college, school or institution conferring an academic degree necessary for the
admission to the practice of mining engineering, or institutions where review classes in
preparation for the licensure examinations for mining engineers are being officially
offered or conducted; nor shall he/she be a member of the faculty or of the administration
thereof prior to appointment to the Board; and

g) a member of the Accredited Professional Association of Mining Engineers but not a
director, trustee or officer thereof.


SEC. 9. Term of Office. - The Chairman and every member of the Board shall hold
office for a term of three (3) years after the 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 expiry 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 Chairman and Members shall qualify by taking the proper oaths prior to assumption
of office.

SEC. 10. Compensation 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 other professional regulatory boards under the Commission as provided for in the
General Appropriations Act.

SEC. 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 administrative 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.

SEC. 12. Grounds for Suspension or Removal of Board Members/ Chairman - The
President, upon the recommendation of the Commission after due process and administrative
investigation conducted by the Commission, may remove or suspend a chairman or member of
the Board on any of the following grounds:

a) gross neglect, incompetence or dishonesty in the discharge of his/her duty;

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 Corruption Practices, and other
laws; and

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

SEC. 13. Annual Report - The Board shall submit an annual report to the Commission
after the close of each fiscal year giving detailed account of Board proceedings during the year
and embodying such recommendations as the Board may desire to take.

ARTICLE I
LICENSURE EXAMINATION AND REGISTRATION

SEC. 14. Categories of Registration. - Registration for the practice of mining
engineering shall be of three (3) categories, as follows:
a) Professional Mining Engineer
b) Registered Mining Engineer
©) Certified Mine Foreman
SEC. 15. Examination Requirement. - Except as otherwise specifically allowed under
this Act, all applicants for registration for the practice of mining engineering shall be required to
pass the licensure examination prescribed herein.
SEC. 16. Holding of Examination. - Examination of candidates applying for registration

as Registered Mining Engineer shall be given at least once a year on the date and venue
prescribed by the Commission and such examination shall be conducted by the Board.


SEC. 17. Scope of Examination for Registered Mining Engineer. - In the licensure
examinations for Registered Mining Engineer, the scope of examinations, methods and
procedures shall be prescribed by the Board. The licensure examination shall cover, but shall not
be limited to, the following subjects:

a) Mathematics (algebra, trigonometry, integral and differential calculus, probability and
statistics, advanced mathematical engineering);

b) Engineering science and applied subjects (statics, dynamics, strength of materials, fluid
mechanics, materials science, chemistry and physics);

©) Geology and Metallurgy; and

4) Mining Engineering, Economics, Environment, Laws and Ethics.

The Board, in consultation with the Accredited Professional Organization (APO) and
subject to approval by the Commission, may revise or exclude any of the subjects and their
syllabi, and add new ones as the need arises to conform to technological changes brought about
by continuing trends in the profession. Provided, That a detailed syllabi of the above
examinations covering the whole aspects of the mine engineering profession and practice shall
be prepared by the Board.

SEC. 18. Qualifications of Applicants for Registered Mining Engineer. - Any person
applying for licensure examination as Registered Mining Engineer shall establish to the
satisfaction of the Board that:

a) he/she is a citizen of the Philippines or a foreign citizen whose country has reciprocity
agreement with the Philippines;

'b) he/she must be at least twenty one (21) years old;

©) he/she holds the degree of Bachelor of Science in Mining Engineering (BSME) from a
university, school, college, academy, or institute duly constituted and recognized as such
by the government; and

d) he/she must not have been convicted by a court of law of a crime involving moral
turpitude.

SEC. 19. Registration of Professional Mining Engineer and Certified Mine Foreman. -
Registration of the following categories of practice of mining engineering shall require no
written licensure examinations.

a) Professional Mining Engineer - The granting of Certificate of Registration to Professional
Mining Engineers shall be testimonial in nature. Candidates for certification shall be
nominated by the accredited professional association who shall evaluate, attest and certify
to the credentials of applicants to include, but not be limited to, an enumeration of
experience and presentation of a mining engineering report or technical paper pertinent to
his/her line of experience.

b) Certified Mine Foreman - The granting of Certificate of Registration as Certified Mine
Foreman shall be upon the nomination of the accredited professional association who
shall evaluate, testify and certify to the qualification of applicants through oral
examinations on specific subject such, as but not limited to, mining operations, drilling
and blasting, mine safety, environmental protection and pertinent mine rules and

regulations.

SEC. 20. Qualifications of Applicants for Professional Mining Engineer. - An
applicant for registration as Professional Mining Engineer must, at the time of filing of his/her
application, establish to the satisfaction of the Board that:

a) he/she is a citizen of the Philippines or a foreign citizen whose country has reciprocity
agreement with the Philippines;


b) he/she has a valid certificate of registration as Registered Mining Engineer and a holder
of a valid Professional Identification Card;

©) he/she has graduated from an engineering school or college of recognized standing, after
completing an approved course in mining engineering:

d) he/she has a specific record of a total of ten (10) years or more of active and continuous
mining engineering practice prior to his/her registration;

) he/she holds at least one certificate of specialization in mine engineering as specified
under Section 26 thereof; and

f) he/she must not have been convicted by a court of law of a crime involving moral
turpitude;

SEC. 21. Qualifications of Applicants for Mine Foreman - Any person applying for a
Certificate of Registration as Mine Foreman shall establish to the satisfaction of the Board that:
a) he/she is a Filipino citizen and at least twenty-one (21) years old;
b) he/she is of good reputation and moral character;

©) he/she is a graduate of a Mine Foreman course from a mining school or institute duly
accredited by the government and has at least ten (10) years actual experience in mining;

d)

he/she is a graduate of Mining Engineering from a government-recognized school,
university, institute or college with at least five (5) years of actual experience in mining;
and

©) he/she is a college graduate with at least fifteen (15) years of actual experience in mining;
and he/she is competent to be a mine or quarry foreman as certified and attested to by the
accredited professional association of mining engineers.

SEC. 22. Examination Fees - Any applicant admitted to take mining engineering
examinations shall pay such fees as may be prescribed by the Commission before he/she is
allowed to take the examination.

SEC. 23. Rating in the Licensure Examination. - To pass the licensure examination for
mining engineering, a candidate must obtain a general or 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.

SEC. 24. Report of Ratings. - The Board shall complete the correction of examination
papers within three (3) days from the last day of examinations. The Commission shall report the
rating of examinees not more than thirty (30) days after the Board has completed the correction
of examination papers.

SEC. 25. Issuance of Certificates of Registration and Professional Identification Card.
- A certificate of registration shall be issued to those who are registered subject to payment of
fees prescribed by the Commission. It shall bear the signatures of the Chairperson of the
‘Commission and of the Chairman 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 the
practice of the profession with all the privileges appurtenant thereto. Until withdrawn, revoked,
‘or suspended in accordance with this Act, it shall 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 the prescribed fees therefor.



54

SEC. 26. Issuance of Certificates of Specialization. - Upon the nomination of the
at ited professional association of mining engineers, the Board shall issue a Certificate of
ation to an applicant who is a registered mining engineer and who has specialized
ET, training and experience in a specific field of mining and has documented his/her
expertise and competence on the same.

SEC. 27. Seal of Professional and Registered Mining Engineer. - A Professional or
Registered Mining Engineer, upon registration and payment of fees and dues to the Commission,
shall obtain a seal of such design prescribed by the Board, bearing the registrant's name,
certificate number and the legend "Professional Mining Engineer" or "Registered Mining
Engineer". Designs, plants, specifications, project pre-feasibility and feasibility studies,
appraisals, valuations, recommendations, technical reports, proposals, and other professional
documents involving mines, quarries, colliery works, projects or installations shall be stamped
on every sheet with the said seal of the registrant when filed with government authorities or
when submitted or used professionally: Provided, That it shall be unlawful for anyone to stamp
or seal any document with the said seal after the certificate and/ or professional identification
card shall have been revoked, cancelled or expired.

SEC. 28. Fees for Registration. - Every person issued a Certificate of Registration shall
pay to the Commission such fees as the Commission may prescribe.

SEC. 29. Issuance of Temporary Permits. - Temporary Permits shall be issued to the
following upon proper application with the Board:

a) Foreign Mining Engineers, recognized as experts in their specific fields of mining
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 Mining Engineers who have distinguished themselves in their respective fields of
specialization, contracted as professors or lecturers on mining 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: Provided, That all the above
shall secure the temporary Permit from the Board prior to arrival in the country

SEC. 30. Refusal to Register. - The Board shall not register any successful applicant for
registration 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 the 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. 31. Revocation or Suspension of the Certificates of Registration and Cancellation
of Temporary Permit. - The Board shall have the power, upon notice of hearing, to revoke or
suspend the certificate of registration of a Registered Mining Engineer or to cancel a temporary
permit granted to a foreign mining engineer, for violation of any of the grounds or causes in Sec.
28 of this Act and any of the following grounds:
a) violation of a provision of this Act, its Implementing Rules and Regulations, Code of
Ethics, and Code of Professional and Technical Standards for the practice of mining
engineering;


b) perpetration or use of fraud in obtaining in obtaining his/her certificate of registration,
professional identification card, or temporary permit;

©) gross incompetence, negligence or ignorance resulting to death, injury or damage;

d) any act of misrepresentation in connection with an alleged performance of mining
engineering activities;

G

acts inimical to the mining engineering profession;
f) gross immorality;
2) conviction by final judgment of any act involving moral turpitude;

h) allowing the use of his/her certificate of registration and/or professional card or his/her
temporary permit for illegal mining operations;

ji) illegally practicing the profession during his/her suspension from the practice thereof;

j) knowingly engaging in a mining operation whether large, medium or small-scale, for
which no mining permit has been issued by the Government;

k) knowingly participating in a mining operation that is destructive to the environment or
managing or supervising a mine without an environmental permit;

1) use of a professional title, not authorized by this Act, in the practice of mining
engineering:

m) use of mineral reporting codes/standards, engineering or technical standards/codes for
mining engineering not authorized under the provisions of this Act; and

n) addicted to a drug or alcohol abuse impairing his/her ability to practice his/her profession
or declared with an unsound mind by a court of competent jurisdiction;

The Board shall periodically evaluate the aforementioned grounds and revise or 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 above
mentioned causes. Affidavit of complaint shall be filed together with the affidavits of witnesses
and other documentary evidence with the Board through the Legal and Investigation Office. The
Board may motu proprio conduct an 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 the 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. 32. Reissuance of Revoked Certificate of Registration and Replacement of Lost
Certificate of Registration and Professional Identification Card. - The Board may, after two (2)
years from the date of revocation of the Certificate of Registration, reissue a certificate upon
proper application.

‘A new Certificate of Registration and Professional Identification Card or temporary
permit, which has been lost, destroyed or mutilated, may be reissued after payment of the
required fee prescribed by the Commission.

SEC. 33. Mining Engineers Required in Mines - The following functions and
responsibilities shall be discharged by respective mining engineer categories:
a) Professional Mining Engineers - Senior mine management functions in mines,
consultants, professors of major mining subjects, senior government officials.


b) Registered Mining Engineers- Junior mine management functions in mines, senior
management functions in small scale mines, lecturers, assistant professors of professional
major mining subjects, junior government personnel: Provided, That the definition and
scope of senior and junior management positions shall be stipulated in the Implementing
Rules and Regulations (IRR) of this Act and consistent with the minimum personnel
compliment as provided under RA 7942, otherwise known as the New Mining Act, and
its IRR.

ARTICLE IV
PRACTICE OF MINING ENGINEERING

SEC. 34. Prohibition from Practicing Mining Engineering. - No person shall practice
mining engineering in the Philippines without having been previously registered as a
Professional or Registered Mining Engineer or granted a temporary permit under the provisions
of this Act.

SEC. 35. No Other Professional Titles Allowed. - No other professional title shall be
used by any Professional or Registered Mining Engineer except those allowed by this Act and no
private institution or Government Agency, including Government-Owned or Controlled
Corporations, shall grant or allow the use of any other professional title for Professional or
Registered Mining Engineers except those provided by this Act.

'No Professional or Registered Mining Engincer shall use titles such as Competent
Person, Qualified Person, APEC Engineer, ASEAN Engineer, or similar titles unless the same
are authorized by law. All existing professional titles currently being used as of the effective date
of this Act which are not authorized by law are hereby revoked.

SEC. 36. Engineering and Technical Standards, Mineral Reporting Codes. - No
Private or Government Institution/Agency, including Government-Owned and Controlled
Corporations shall formulate and adopt Engineering and Technical Standards, Mineral Reporting
Codes or similar standards or codes of Practice for Professional or Registered Mining Engineers
without the prior written approval of the Professional Regulations Commission upon the
recommendation of the Board of Mining Engineering and a two-thirds (2/3) vote of all
Professional and Registered Mining Engineers in good standing with the PRC in a general
membership meeting of the Accredited Professional Organization, supervised by the
Commission and specifically called for the purpose.

All engineering and technical standards and mineral reporting codes currently being
implemented but is not duly approved pursuant to this section are hereby revoked

SEC. 37. Who May Practice Mining Engineering. - Except as may be otherwise
provided in this Act, only persons properly licensed and registered may practice mining
engineering in the country. No firm, partnership, corporation or association may be licensed and
registered as such for the practice of mining engineering. Duly licensed professional mining
engineers and/or registered mining engineers may form partnerships among themselves and use
the title "Mining Engineers" or "Professional Mining Engineers", or "Engineers" in their
partnership name.

SEC. 38. Automatic Admission. - All Registered Mining Engineers who are in good
standing with the Commission at the time this Act takes effect, shall automatically be registered
under this Act as Professional Mining Engineers by the Commission and/or the Board of
Examiners for Mining Engineering upon submission to the Commission of the following:

a) Sworn Statement that:

i. he/she is a citizen of the Philippines and has been a resident of the Philippines for
ten (10) continuous years prior to the effectivity of this Act; and

ii. he/she has a record often (10) years or more of active and continuous mining
engineering practice prior to his/her registration as Professional Mining Engineer
indicated in a list to be attached to the Sworn Statement;

10


b) Clearance from the Philippine National Police (PNP), Barangay, National Bureau of
Investigation (NBI), Ombudsman, Sandiganbayan and Provincial/City Prosecutor; and

©) Letter of Intent to the Commi:
under this Act.

Upon submission of all of the above requirements, the Commission shall execute the
ministerial function of forthwith issuing a Certificate of Registration as Professional Mining
Engineer to the applicant Registered Mining Engineer together with the Professional Mining
Engineer Identification card without any further conditions.

Except as provided for under this Section, the Commission and/or the Board of Mining
Engineering shall not impose any other additional requirements for automatic registration as
Professional Mining Engineers.

All Registered Mining Engineers shall avail of the privilege granted under this Section
within three (3) years from the effectivity of this Act.

ion indicating his/her intention to avail of this privilege

SEC. 39. Roster of Engineers and Foremen. - A roster showing the names, registration
numbers and dates of issue and expiry, current addresses, place of business of all Professional
and Registered Mining Engineers and Certified Mine Foremen, shall be prepared and kept by the
Commission which shall be made available to interested parties upon formal written request.

SEC. 40. Foreign Reciprocity. - No foreign mining engineer shall be granted any of the
right and privilege under this Act unless the country of which he/she is a subject or citizen grants
the same or similar rights or privileges to Filipino mining engineers.

SEC. 41. Indication of License and Professional Tax Receipt. - The Professional or
Registered Mining Engineer shall be required to indicate his/her Professional License number,
the duration of validity, including the professional tax receipt number on the documents he/she
signs, uses or issues in connection with the practice of his/her profession.

SEC. 42. Posting of Certificates. - The owner, manager or other person in charge of any
mine or quarry operation of a firm, co-partnership, company, corporation, or joint stock
association, shall post or cause to be posted in conspicuous place within the premises of such
mines, the certificate of registration of Professional and Registered Mining Engineers and
Certified Mine Foremen employed therein.

SEC. 43. Integration of the Mining Engineering Profession. - The mining engineering
profession shall be integrated into one (1) national organization of mining 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 mining engineers. All mining engineers whose
names appear in the Registry Book of Mining engineers shall ipso facto or automatically become
members thereof and shall receive therefrom all the benefits and privileges upon payment of
APO membership fees and dues.

Membership in the integrated accredited professional organization shall not be a bar to
membership in other mining engineering associations.

ARTICLE V
PENAL AND GENERAL PROVISIONS

SEC. 44. Penal Clause. - Any person who shall practice mining engineering in the
Philippines as defined in this Act without a certificate of registration in accordance with the
provisions of this Act, or any person presenting or using as his/her own the certificate of
registration of another, or any person who shall give any false or forged evidence, or any person
who shall impersonate any registrant of like or different name, or any person who shall use a
revoked or suspended certificate of registration, or any person who shall assume, use, or
advertise any title or description tending to convey the impression that he/she is a mining
engineer without being registered as such, or is engaged in the mining engineering practice,

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without holding a valid certificate of registration from the Board or any Professional or
Registered Mining Engineer who shall use any other professional title such as Competent Person,
Qualified Person, APEC Engineer, ASEAN Engineer or similar titles not authorized by law, or
adopt/use engineering and technical standards, mineral reporting codes or similar standards not
authorized by this ACT, shall, upon conviction, be sentenced to a fine of not less than One
Million Pesos (Php 1,000,000.00) nor more than Ten Million Pesos (Php 10,000,000.00) or
imprisonment of not less than one (1) month nor more than five (5) years or both at the discretion
of the Court.

In the event that officials and employees of the Professional Regulations Commission
and/or of the Board of Mining Engineering, including the Chairman, Commissioners and
Members of the Board of Examiners or any other officer/s and/or employee/s of the Philippine
Government violate this Act, they shall upon, conviction, suffer a penalty double the above
penalties.

SEC. 45. Act Not Affecting Other Professions. - This Act shall not affect or prevent the
practice of any other legally recognized profession.

SEC. 46. 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. 47. Implementing Rules and Regulations. - Subject to the approval of the
Commission, the Board shall adopt and promulgate such implementing rules and regulations and
the Code of Ethics and Code of Professional and Technical Standards of Mining 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 newspaper of general circulation.

SEC. 48. Separability Clause. - \f any section or portion of this Act shall be declared
unconstitutional or invalid, such shall not invalidate any other section of this Act.

SEC. 49. Repealing Clause. - R.A. 4274, as amended, is hereby repealed and all other
laws, parts of law, orders, ordinances, or regulations relative to the practice of mining
engineering which are inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SEC. 50. Effectivity Clause. - This Act shall take effect fifteen days following its
publication in the Official Gazette or in at least two (2) major daily newspaper of general
circulation in the Philippines.

Approved,

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