HOUSE \F REPRESENTATIVES
RECEIVED

DATE: i

Republic of the Philippines ate

HOUSE OF REPRESENTATI

Quezon City By:
|
SEVENTEENTH CONGRESS REGISTRATION UNIT
First Regular Session BILLS AND INDEX SERVICE

1212

House Bill No.

Introduced by: Hon, Divina Grace C. Yu

EXPLANATORY NOTE

The existing Republic Act No. 4274 or the Mining Engineering Law,
which was enacted in 1965, has become largely obsolete in the effective
regulation of the practice of the Mining Engineering profession under present
times. Hence, the urgent need to amend and update the same to be more
realistic and relevant to current professional practice of Mining Engineers in
the Philippines.

The proposed measure underscores the need to develop competent,
virtuous, productive and well-rounded Mining Engineers whose standards of
professional practice and service shall be excellent, qualitative, world-class and
globally competitive through regulatory measures, programs and activities.

‘The increasing scope of application of the Mining Engineering profession
now necessitates the need to re-define the practice of the said profession and
establish the scope of the same. The advent of technology advancement in the
mineral industry over the past three decades has led to the creation of various
fields of expertise and specialization such as but not limited to computer
applications, etc. Said technology has resulted to greater economic
appreciation of laws and the need to effectively address the social concerns of
local mining communities has become essential aspects of all mining and
mineral processing professions and operations in the c try. Effectively, the
proposed bill is designed to create more job opportuniti t to Filipino Mining
Engineers.

HON. DI ts ire c. YU


4
15
16

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

1212

House Bill No."

Introduced by: Hon. Divina Grace C. Yu

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 OTHERWISE KNOWN AS THE
“MINING ENGINEERING LAW OF THE PHILIPPINES", AND FOR
OTHER PURPOSES

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

Article 1
TITLE, STATEMENT OF POLICY, DEFINITION OF TERMS AND
SCOPE OF PRACTICE

Section 1. Title ~ This Act shall be known as the “Mining
Engineering Act of 2016”.

Sec. 2. Statement of Policy ~ It is hereby declared the policy of
the State to supervise and standardize the practice of Mining
Engineering as it is vital to national development and to upgrade the
quality of mining engineers in the Philippines whose standards of
professional practice 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 professional

mining engineers, mining engineers, and certified mine

foremen;


a

6

9
10

12
13
4
15
16

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

(c) the development and upgrading of the curriculum of the
mining engineering profession;

(d) the promotion of the professional competence of mining
engineers through continuing professional
development/education; and

(c) 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.

(b) “Mine” shall mean all kinds of excavations and/or
extractions aimed at extracting minerals/materials, energy
resources or groundwater resources for beneficial usages in
the context of responsible mining and sustainable
development.

(c) “Mineral/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,

(d) “Mineral/ore reserve” shall mean that portion of a mineral
resource that is economically mineable and which, after the
application of all mining factors, result in an estimated
tonnage and grade, and, based on the certification of the
mining engineer making the estimates, could be the basis of
a viable project after taking into account all relevant mining,


29
30
31
32

metallurgical, economic, marketing, legal, environmental,
social and governmental factors.

(e) “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
usages.

() “Water reserves” shall mean groundwater deposits proven
through hydro-geological exploration where water can be
beneficially extracted or harnessed for power generation and
industrial development.

(g) “Mine installations’ shall mean surface, underground or
underwater excavations that require knowledge of mining
engineering.

(h) “Professional Mining Engineer, Mining Engineer, Certified
Mine Foreman” shall mean persons who are holders of valid
Certificates of Registration and Professional Identification
Cards issued by the Professional Regulatory 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 be 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, energy
and water reserves, preparation of mine feasibility studies;
mine valuation or auditing; and mine consulting;

(c) Participation in the preparation of environmental studies for
mining projects and monitoring under the Environmental

Impact Assessment (EIA) system;


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

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

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

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

(h) Mine engineering practice or services covered by bilateral or
multilateral trade agreements where the Philippines is a
signatory;

(i) Teaching, lecturing and reviewing of professional mining
engineering subjects in government recognized and
accredited universities, colleges, schools and institutes; 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 1
CREATION OF THE PROFESSIONAL REGULATORY BOARD
OF MINING ENGINEERING
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 referred to as the Commission, composed of
a Chairperson 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 Professional Mining Engineers, Mining Engineers and


1
2
3
4
5
6
7
8
9

10
u
12
13
4
15
16
7
18
19
20
21
22
23
24
25

Certified Mine Foremen. 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) Supervise and regulate the practice of mining engineering
profession;

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

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

(e) Issue special/temporary permits to foreign mining engineers
to practice the profession;

(f) 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;

Inspect the facilities, faculty, equipment and other aspects

=

directly related to the mining engineering program of
educational institutions in coordination with the Commission
on Higher Education (CHED);


ee ue

10

12
13
14
15
16
17
18
19
20
2
22
23

28
26
a7
28
29
30
31
32

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

(i) Adopt a Code of Ethics and a Code of Professional and
Technical Standards for the practice of the Mining
Engineering profession;

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

() Hear and decide administrative cases filed against mining
engineers and firms employing mining engineers. The
hearing shall be presided by the chairperson or a member of
the Board with the assistance of a lawyer from 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 mining
engineering profession;

(o) 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 mining engineers
in consultation with the integrated and accredited
professional organization of mining engineers; and

(0) Perform regulatory, administrative, and quasi-legislative
functions as mandated under R.A. 8981 otherwise known as
the Professional Regulation Commission Modernization Act,
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 his/her appointment must be:

(a) a natural born citizen and resident of the Philippines;

(b) at least a holder of a bachelor’s degree in mining engineering
as conferred by an engineering school of good standing,
recognized and accredited by the government;

(c) a Professional Mining 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;

(d) 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

(e) a member of the accredited professional organization of

Mining Engineers but not a trustee or officer thereof..


30
31

Sec. 9. Term of Office - The Chairperson and the members of
the Board shall hold office for a term of three (3) years after their
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 shall qualify by taking the proper
oaths prior to 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 chairpersons 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 /Chairperson ~ The President, 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 negligence, 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, or

(c) 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 II
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

(b) Mining Engineer

(c) Certified Mine Foreman

Sec. 15. Passing of Licensure Examination Requirement -
Except as otherwise specifically allowed under this Act, applicants for
registration for the practice of mining engineering shall be required to
pass a licensure examination as provided for in this Act in such places
and dates as the Commission may designate in accordance with the
provisions of R.A. No, 8981 or the PRC Modernization Act of 2000.

Sec. 16. Holding of Examination ~ Examination of candidates
applying for registration as 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 Mining Engineers ~ In the
licensure examinations for Mining Engineers, the scope of

examination, methods and procedures shall be prescribed by the


uv

Sewrxravew

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32

Board. The licensure examination shall cover, but shall not be limited
to, the following subjects:

(a) Geology, and Mineral/Ore Resources Exploration;

(b) Mining Engineering, Laws and Ethics;

(c) Ore Processing/Beneficiation; and

(4) Environmental Protection, Mine Safety and Social
Acceptability.

The Board, 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 mining
engineering profession and practice shall be prepared by the Board.

Sec. 18. Qualifications of Applicants for Mining Engineer -
Any person applying for licensure examination as 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 holds a degree of Bachelor of Science in Mining
Engineering from a university, school, college, academy, or
institute duly constituted and recognized as such by the
government; and

(c) 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

10


nominated by the accredited professional organization which
shall evaluate, attest and certify to the credentials of
applicants to include, but not 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 organization which
shall evaluate, testify and certify to the qualification of
applicants through oral examinations on specific subjects
such as, but not limited to, mining operations, drilling and
blasting, mine safety, environmental protection and pertinent
mine rules and regulations. Provided, That applicants for
Blaster Foreman’s Licenses issued by the Philippine National
Police (PNP) must be either a graduate mining engineer or
registered mining engineer or certified mine foreman.

Sec. 20. - Qualifications of Applicants for Professional
Mining Engineer ~ An applicant for registration as a 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 Mining
Engineer and a holder of a valid Professional Identification
Card;

(c) he/she has graduated from an engineering school or college
of recognized standing, after completing an approved course

in mining engineerin,

{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;

MW


4

6

26
37,
28

30
31

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

() 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 years of
age;

(b) he/she is of good reputation and moral character;

(c) 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; or

(@) 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; or

(c) 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
the mining engineering examination shall pay such fees as may be
prescribed by the Commission before he/she is allowed to take the
same.

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

12


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 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 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.

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

Sec. 27. Seal of a Professional and Registered Mining
Engineer ~ A Professional Mining Engineer or a Mining Engineer,
upon registration and payment of fees and dues to the accredited

professional organization, shall obtain a seal of such design


we

prescribed by the Board, bearing the registrant's name, certificate
number and the legend “Professional Mining Engineer” or “Mining
Engineer”. Designs, plans, specifications, project feasibility studies,
appraisals, valuations, recommendations, technical _ reports,
proposals, and other professional documents involving mines,
quarries, coalliery 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 any one to stamp or seal any
document with the said seal after the certificate and/or professional
identification card shall have been revoked or cancelled or has
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/Special Permits -
Temporary/Special 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; or

(c) foreign Mining Engineers who are duly registered under
the bilateral or multilateral agreements where the Philippines
is a signatory.

14


30
31

Provided, That all the above shall secure a temporary/special
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 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 a 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/Special Permit — The
Board shall have the power, upon notice of hearing, to revoke or
suspend the certificate of registration of a Professional Mining
Engineer, Mining Engineer or Certified Mine Foremen to cancel a
temporary/special permit granted to a foreign mining engineer, for
violation of any of the grounds or causes in Sec. 30 of this Act, except
(0) thereof and on 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 his/her certificate

of registration, professional identification card, or

temporary/special permit;

15


ea ae sen

26
27

29
30
3

(c) 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;

(e) acts inimical to the mining engineering profession;

(f) 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 mining engineer by allowing him/her to use
his/her certificate of registration and/or professional
identification card, or his/her temporary/special permit;

(i) illegally practicing the profession during his/her suspension

from the practice thereof; or

(j) 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, 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. An
affidavit-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 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.

16


ewan eun

20

Sec. 32. Re-issuance 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, re-issue a
certificate upon proper application.

A new Certificate of Registration and Professional Identification
Card, or temporary/special 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) 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 consistent with the minimum
personnel complement as provided under RA 7942, otherwise known
as the Philippine Mining Act and its IRR.

Article IV
PRACTICE OF MINING ENGINEERING

Sec. 34. Prohibition from Practicing Mining Engineering ~
No person shall practice or offer to practice mining engineering in the
Philippines without having been previously registered as a
Professional Mining Engineer, Mining Engineer or Certified Mine
Foreman under the provisions of this Act or granted a temporary

/special permit.

17


Sec. 35, 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 mining engineers may
form partnerships among themselves and use the title “Mining
Engineers” or “Professional Mining Engineers", or “Engineers” in
their partnership name.

Sec. 36. Vested Rights — All practicing mining engineers who
are registered as mining engineers at the time this Act takes effect,
shall automatically be registered under this Act as Mining Engineers.

Sec. 37. 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 Mining
Engineers, 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. 38. Foreign Reciprocity — No foreign mining engineer
shall be granted any of the rights and privileges 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. 39. Indication of Certificate of Registration and
Professional Tax Receipt — A Professional Mining Engineer, a Mining
Engineer or a Certified Mine Foreman shall be required to indicate
his/her Certificate of Registration number, the duration of validity,
including the professional tax receipt number and APO Membership
Fee Receipt number on the documents he/she signs, uses or issues in
connection with the practice of his/her profession.

Sec. 40. 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


A kU

wee

30
3

post or cause to be posted in a conspicuous place within the premises
of such mines, the certificate of registration of professional mining
engineers, mining engineers and mine foremen employed therein.

Sec. 41. Integration of the Mining Engineering Profession ~
‘The mining engineering profession shall be integrated into one (1)
national professional organization composed of professional mining
engineers, mining engineers and certified mine foremen and shall be
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 professional mining engineers,
mining engineers and certified mine foremen. All professional mining
engineers, mining engineers and certified mine foremen whose names
appear in the Registry Book of these professionals shall ipso facto or
automatically become members thereof and shall 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 mining
engineering organizations.

ARTICLE V
PENAL AND GENERAL PROVISIONS

Sec. 42. Penal Clause — The following shall, upon conviction, be
punished by a 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 at the
discretion of the court:

(a) Any person who shall practice mining engineering in the
Philippines, as defined in this Act, without a valid
certificate of registration and valid _ professional
identification card, or temporary/special permit in

19


9
10
W
2
13
4
15
16
7
18
19
20
21

23
24
25
26
a7
28
29
30
31

accordance with the provisions of this Act, unless declared
exempt from registration.

(b) Any person presenting or using as his/her own 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.

(4) Any person who shall impersonate any registrant of like or
different name,

(ec) 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/non-current Professional identification card, or
an expired cancelled temporary /special permit.

() 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 having graduated as such, or is
engaged in the mining engineering practice, without
holding a valid certificate of registration and a valid
professional identification card, or a valid temporary/
special permit from the Board.

Sec. 43. Act Not Affecting Other Professions ~ This Act shall
not affect or prevent the practice of any other legally recognized
profession.

Sec. 44. 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.

20


Sec. 45. Implementing Rules and Regulations ~ Subject to
the approval of the Commission, the Board in consultation with the
APO 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.

Sec. 46, Funding Provision - The Chairperson of the
Professional Regulation Commission shall immediately include in the
Commission's programs the implementation of this Act, the funding of
which shall be included in the Annual General Appropriations Act.

Sec. 47. Transitory Provisions - (a) Faculty Members currently
teaching major mining engineering subjects in universities, colleges,
institutes, or schools shall not be allowed to continue teaching after
five (5) years from the approval of this Act, unless they are or they
have become Mining Engineers with a Master's degree in Mining
Engineering or its equivalent from duly recognized and accredited
universities, colleges, institutes or schools and have at least five years
of practical experience in an open pit and/or underground mine.

(b) The incumbent Chairperson and Members of the Board shall
automatically be issued Certificates of Registration and Professional
Identification Card as Professional Mining Engineers. They shall
continue to function in the Board until such time as a new Board
shall have been constituted under this Act.

Sec. 48, Separability Clause ~ If 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. 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.

21



awn

Sec. 50. Effectivity - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in a newspaper of general
circulation.

Approved.

22