Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

1823

House Bill No.

Introduced by: Hon. Victor J. Yu

EXPLANATORY NOTE

Presidential Decree No. 1536, also known as the Metallurgical
Engineering Law was signed by then President Ferdinand Marcos in 1978,
while the first Board Examination for Metallurgical Engineers was administered
by the Professional Regulation Commission in 1981. Since then the mineral
processing industry opened new doors in related fields for metallurgical
engineering graduates.

When the advancement in technological development, P.D. 1536 has
been found to be ineffective considering that its provision has become obsolete
in promoting and regulating the practice of the metallurgical engineering
profession. Hence, there is an urgent need to repeal the decree and enact a new
law which will be more realistic, relevant and suitable to the needs the
profession.

The proposed measure underscores the need to develop competent,
productive, well-rounded and morally upright Metallurgical Engineers whose
standards of professional practice and service are expected to be world-class
and globally competitive and whose practice will be safeguarded through
regulatory measures, programs and activities. New provisions have been added
to conform to Republic Act No. 898 or the PRC Modernization Act of 2000, in
consonance with the standard form of all professional regulation organic laws.

The increasing scope of application of the practices in the mineral
processing industry over the past decades has led to the creation of various
fields of expertise and specialization resulting to a greater economic
appreciation of the profession. This necessitates the need for a clear delineation
of responsibilities for both Mining and Metallurgical Engineers and is ably
addressed in some provisions of the amended law.


In addition, the new law ascribes more stringent penal provisions
regulating the profession, thus ensuring the reduction and management, if not
outright elimination of any illegal activities leading to the uncontrollable social
and environmental disasters.

These proposed amendments need not include provisions for fund
appropriations since existing laws of the Professional Regulation Commission
have already covered this. Similarly, there are no known conflicts, overlapping
or redundancies with existing laws in other engineering and allied professions.

Effectively, the proposed amended law is designed to implement more
effective professional regulation and at the same time promote and recognize
the importance of the profession in nation building and development.

Approval of this bill is earnestly sought.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
SIXTEENTH CONGRESS

First Regular Session

HOUSE BILL NO.

Introduced by: HON. VICTOR J. YU

AN ACT
REGULATING THE PRACTICE OF METALLURGICAL ENGINEERING IN.
THE PHILIPPINES REPEALING FOR THIS PURPOSE PRESIDENTIAL
DECREE 1536, OTHERWISE KNOWN AS THE METALLURGICAL
ENGINEERING LAW OF 1978, AND FOR OTHER PURPOSES

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

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

Section 1 . Title. ~ This Act shall be known as the “Metallurgical Engineering
Act of 2013.”

See, 2. Statement of Policy. - The State recognizes the importance of
‘metallurgical engineers in nation building and development. Their talents through
sustainable human development shall be promoted. ‘Thus, the State shall develop and
nurture competent, virtuous, productive and well-rounded metallurgical engineers
whose standards of professional practice and service shall be excellent, world-class
and globally competitive through regulatory measures, programs and activities.

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

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

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

engineering;


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(©) the development and upgrading of the curriculum of metallurgical
engineering profession;

(d) the development of the professional competence of metallurgical engineers
through continuing professional education;

(©) and the integration of the metallurgical engineering profession.

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

‘mean as follows:

a)

b)

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

“Metallurgical Engineering” means a profession which embraces the
scientific, engineering, environmental and economic aspects of

i) Mineral Processing and Extractive Metallurgy — The preparation,
separation, extraction and purification of ores, metals and mineral
products by physical and chemical method such as ore dressing,
pyrometallurgical processes such as roasting, and smelting,
hydrometallurgical processes such as leaching, electrometallurgical
processes such as electric smelting and electrolysis and other
similar processes.

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

iii) Fuel Technology ~ Fuel preparation processes such as washing,
flotation, and heavy media separation including carbonization,
gasification and cooking operations.


1 ©) “Metallurgical Plant” means any facility involved in processes which include
2 but not limited to the :
3 i) Preparation, separation, concentration of minerals, coal and
4 metallurgical fuels;
5 ii) Extraction of metals such as hydrometallurgical, pyrometallurgical
6 and electrometallurgical processes;
7 ifi) Adaptation and application of metals such as melting, casting,
8 forging, rolling, extrusion, powder metallurgy, heat treatment,
9 welding and other metal working and finishing operations,
10 d) “Metallurgical Engineer” refers to a person who is a holder of a valid
ul Certificate of Registration and Professional Identification Card issued by the
12 Board of Metallurgical Engineering and the Professional Regulation
13 Commission
4 SEC 5. Scope of Practice- Metallurgical Engineering service shall embrace the
15 following similar services in relation to metallurgical plants:
16 a) Consultation, valuation and management services requiring metallurgical
17 engineering skills and know-how;
18 b) Engineering design, preparation of plans, specifications and project studies or
19 estimates for metallurgical equipment and processes;
20 ©) Management or supervision of the testing and commissioning of metallurgical
21 plants;
2 4) Management, supervision, operation and auditing of metallurgical plants;
23 ©) Teaching of metallurgical engineering subjects in government recognized
24 universities, colleges and schools;
25 f) Employment in government as a metallurgical engineer if the nature and
26 character of his/her work requires professional knowledge of metallurgical
27 engineering;
28 2) Metallurgical investigation and testing of mineral and metal products;
29 h) Training of metallurgical plant operating personnel;
30 i) Research and development;
31 j) Participation in the preparation of environmental studies for metallurgical
32 projects and monitoring under the Environmental Impact Assessment (EIA)
33 system;


k) Teaching of metallurgical engineering subjects in any academic program

leading to a profes:

mnal degree, including refresher and review courses; and
1) Other metallurgical work or service, which, in the assessment and opinion of
the Board, the same constitutes the practice of metallurgical engineering.
Article IL
CREATION OF THE PROFESSIONAL REGULATORY BOARD
OF METALLURGICAL ENGINEERING

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

Sec. 7. Powers and Duties of the Board.- The Board shall have the

following powers and duties:

(a) To supervise and regulate the practice of metallurgical 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;

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

(e) To issue special/ temporary permits to foreign metallurgical engineers to

practice the profession;


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(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 metallurgical engineers practice their profession
such as factories, plants, offices and the like in order to determine and
enforce compliance with the provisions of this Act and issue Certificates
of Compliance for the purpose.

(g) In coordination with the Commission on Higher Education (CHED),
inspect the facilities, faculty, equipment and other aspects directly related
to the metallurgical 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 and a Code of Professional and Technical
Standards for the practice of the metallurgical 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 metallurgical 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;

()) To hear and decide administrative cases filed against metallurgical
engineers and firms employing metallurgical engineers. The hearing shall
be presided by the chairman or a member of the Board with the assistance
of an attorney of the Commission. The decision of the Board may be
appealed to the Commission and to the Court within fifteen (15) days from
notice, otherwise the decision shall become final and executory;

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

(n) To adopt an official seal and prescribe the seal of the metallurgical

engineering profession;


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(0) 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 the rules and regulations of the Board;

(q) To prescribe guidelines and criteria on the continuing professional
Beucation (CPE) program for metallurgical engineers in consultation with
the integrated and accredited professional organization of metallurgical
engineers; and

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

Sec. 8. Qualifications of the Chai

‘The chairman and members of the Board, at the time of their appointment, must be:

an and Members of the Board -

(a) A citizen and resident of the Philippines;

(b) At least a holder of a bachelor’s degree in metallurgical engineering as
conferred by an engineering school of good standing, recognized and
accredited by Government;

(©) A registered Metallurgical 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;

(@) 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 metallurgical engineering, or in
any institution where review classes in preparation for the licensure
examinations for metallurgical engineers are being officially offered or
conducted; and not be a member of the faculty or of the administration
thereof prior to appointment to the Board, and.

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

See. 9. Term of Office- The chairman and every member of the Board shall
hold office for a term of three (3) years after their appointment or until their


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successors shall have been appointed and duly qualified. They maybe 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
un-expired portion of the term only.

The chairman and members shall qualify by taking the proper oath 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, or

(©) manipulation or rigging of the licensure examination result for metallurgical

engineering, disclosure of secret and confidential information on the

examination questions prior to the conduct thereof, or tampering of grades.

Sec. 13. Annual Report. - The Board shall submit an annual report to the
Commission after the close of each calendar 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, Inhibition from Practicing Metallurgical Engineering, — No person
shall practice or offer to practice metallurgical engineering in the Philippines without
having been previously registered under the provisions of this Act or granted a
certificate of exemption under this Act.

See. 15. Passing of Licensure Examination Requirement. - Except as
otherwise specifically allowed under this Act, applicants for registration for the
practice of metallurgical engineering shall be required to pass a licensure examination
as provided for in this Act.

Sec. 16. Holding of Examination. - Examination of candidates applying for
registration as Metallurgical Engineer shall be given at least once a year in such
places and dates as the Commission may designate in accordance with the provisions
of R.A. No. 8981.

Sec. 17. Scope of Examination. — Unless modified by the Board and
approved by the Commission, the licensure examination shall cover, but shall not be
limited to, the following subjects:

(@) Mineral Processing, Extractive Metallurgy, Assaying and Chemistry;

(b) Physical and Applied Metallurgy;

(©) Fuel Technology and Refractory Science;

(@) Engineering Management, Law and Ethics;

(©) Applied Mathematics and Mechanics and,

(f) Any other pertinent subjects as the Board may deem necessary to test
the applicant's ability and knowledge to ensure safety, economy,
proficiency and environmental compliance in the design, construction,
installation, maintenance, operation, organization and management of
metallurgical plants: Provided, That the relative weight of (a) and (b)
subjects shall not be less than thirty percent each.

‘Subject to the approval of the Commission, the Board may amend or revise the
subjects, their syllabi, passing average, and the system and procedure in the licensure
examinations for the practice of metallurgical engineering and the corresponding
weight pursuant to the implementing rules and regulations issued for this purpose.


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‘The said subjects and their syllabi may be amended by the Board so as to conform to
technological changes brought about by continuing trends in the profession.

Sec. 18. Qualification of Applicants - Any person applying for licensure
examination as metallurgical 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 is of good moral character

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

(@) He/she must not have been convicted by a court of law of a crime involving

‘moral turpitude.

Sec. 19. - Examination Fees- Any applicant admitted to the metallurgical
engineering examination shall pay such fees as may be prescribed by the
Commission before he/she shall be allowed to take the examination.

Sec. 20. - Rating in the Licensure Examination.- To pass the licensure
examination for metallurgical engineering, a candidate must obtain a general
weighted average of no less than seventy per centum (70%) and a rating of no less
than fifty per centum (50%) in any examination subject.

Sec. 21. - Report of Ratings.- The Board shall, within fifteen (15) days from
the last day of examinations, report the rating of examinees to the Commission.

Sec. 22. - Issuance of Certificate of Registration and Professional
Identification Card- A certificate of registration shall be issued to those who are
registered with or without licensure examination subject to payment of fees prescribed
by the Commission. It shall bear the signatures of the Chairperson of the Commission
and of the 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.


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

Sec. 24,- Seal ofa Metallurgical Engineer- A metallurgical engineer, upon
registration and payment of fees and dues to the accredited professional organization,
shall obtain a seal of such design prescribed by the Board, bearing the registrant’s
name, certificate number and the legend “Registered Metallurgical Engineer”.
Designs, plans, specifications, project feasibility studies, appraisals, valuations,
recommendations, technical reports, proposals, and other professional documents
involving metallurgy, 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 expired.

Sec. 25, - Fees for Registration- Every person issued a Certificate of
such fees as the Commission may

Registration shall pay to the Commi
prescribe.

See. 26. - Issuance of Temporary /Special Permits- Temporary Special

Permits shall be issued to the following upon proper application with the Board:

(a) foreign metallurgical engineers, recognized as experts in their specific
fields of metallurgical engineering, called in by the Republic of the
Philippines for consultation or for specific design, installation or project:
Provided, That their practice shall be confined to such work only;

(b) foreign metallurgical engineers who have distinguished themselves in their
respective fields of specialization, contracted as professors or lecturers on
metallurgical engineering subjects by Philippine schools, or colleges,



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institutes or universities on a direct hire or exchange basis, subject to
verification of credentials by the Board; or

(©) foreign metallurgical engineers who are duly registered under the
bilateral or multilateral agreements where the Philippines is a signatory,

Provided, That all the above shall secure a temporary/special permit from the

Board prior to arrival in the country.

Sec, 27. - 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,

(©) summarily adjudged guilty for violation of the General Instruction to
Examines by the Board; and

(@) 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. 28, - 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 registered
metallurgical engineer or to cancel a temporary/special permit granted to a foreign
metallurgical engineer, for any of the grounds or causes enumerated in Sec. 27 of this
Act, except letter (c) thereof, and for any of the following grounds :

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

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

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

(@) any act of mistepresentation in connection with an alleged performance of
metallurgical engineering activities;

(©) acts inimical to the metallurgical engineering profession;

(8), gross immorality;

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

(h) aiding or abetting the illegal practice of a non-registered and non-licensed
metallurgical engineer by allowing him/her to use his/her certificate of
registration and/or professional identification card, or _ his/her
special/temporary permit;

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

practice thereof; and

(i) 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 afore-mentioned 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.

Sec, 29, - 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.

Article IV
PRACTICE OF METALLURGICAL ENGINEERING
Sec. 30, - Prohibition from Practicing Metallurgical Engineering, - No

person shall practice or offer to practice metallurgical engineering or render

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metallurgical engineering service without a valid certificate of registration and a valid
professional identification card. Any person who shall commit the following acts
shall be guilty of misdemeanor:

a) Practice metallurgical engineering or render metallurgical engineering
services, or pass himself/herself off or advertise himself/herself as a
metallurgical engineer without a valid certificate of registration or when such
has been suspended or revoked;

b) Attempt to use as his/her own the certificate or seal of another person or
impersonate another registered metallurgical engineer; or

©) Furnish the Board or Commission any false information or document in order
to secure a Certificate of Registration.

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

See. 31. - Who May Practice Metallurgical Engineering - Except as may be
provided in this Act, only persons properly licensed and registered may practice
metallurgical engineering. For purposes of this Act, no firm, partnership, corporation
of association may be licensed and registered as such for the practice of metallurgical
engineering, but duly licensed and registered metallurgical engineers may form
partnerships among themselves or with other licensed and registered engineers and
architects and use the title “Metallurgical Engineers,” “Engineers,” or “Engineers
and Architects” in their partnership name.

Sec. 32. - Vested Rights- All practicing metallurgical engineers who are
registered as metallurgical engineers at the time this Act takes effect, shall
automatically be registered under this Act as registered metallurgical engineers.

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

See. 34. Foreign Reciprocity.- No foreign metallurgical 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

metallurgical engineers.

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Sec. 35. Indication of Certificate of Registration and Professional Tax
Receipt.- The metallurgical engineer shall be required to indicate his/her certificate of
registration 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. 36. Posting of Certificates. - Registered metallurgical engineers shall
post or cause to be posted in a conspicuous place within his/her office or place of
business his/her certificate of registration as metallurgical engineer; he/she shall
present the same upon demand of members of the Board or law enforcement officers
of the national , provincial, city, or municipal governments.

Sec. 37. Integration of the Metallurgical Engineering Profession. The
metallurgical engineering profession shall be integrated into one (1) national
professional organization of metallurgical engineers that is duly registered with the

Securities and Exchange Commission (SEC). The Board, subject to approval by the

Commission, shall accredit the said organization as the one and only integrated and
accredited professional organization (APO) of metallurgical engineers. All
metallurgical engineers whose names appear in the Registry Book of Metallurgical
engineers shall ipso facto ot 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
bar to membership in other metallurgical engineering organizations.
ARTICLE V
PENAL AND GENERAL PROVISIONS
Sec. 38. Penal Clause. - Any person who shall practice metallurgical
engineering in the Philippines, as defined in this Act, without a certificate of
registration in accordance with the provisions of this Act, unless declared exempt
from registration, 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 metallurgical engineer without having graduated as such,

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or is engaged in the metallurgical engineering practice without holding a valid
certificate of registration from the Board shall, upon conviction, be sentenced to 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 or both at the discretion of the Court.

Sec. 39. - Act Not Affecting Other Professions, -This Act shall not affect or
prevent the practice of any other legally recognized profession.

Sec. 40, 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. 41. Implementing Rules and Regulations, - Subject to 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 Metallurgical 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.

See. 42. Funding Provision.- The Chairperson of the Professional Regulation
Commission shall immediately include in its programs the implementation of this Act,
the funding of which shall be included in the Annual General Appropriations Act.

Sec. 43. Transitory Provisions.- (a) After the approval of this Act,
metallurgical engineers possessing valid certificates of registration issued under R.A.
1536, otherwise known as the Metallurgical Engineering Law of 1978, shall register
with the Board and be issued certificates as. registered metallurgical engineers under
this Act to replace their original certificates of registration, upon payment of the
required fees.

(b) Faculty Members currently teaching major metallurgical 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 registered metallurgical engineers with a Master's degree in

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Metallurgical Engineering or equivalent from duly recognized and accredited
universities, colleges, institutes or schools and have at least five years of practical
experience.

(©) The present chairman and members of the Board shall automatically be
issued Certificates of Registration as registered metallurgical engineers. They shall
continue to function in the Board until such time as a new Board shall be constituted
under this Act,

Sec. 44. 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.

See. 45. Repealing Clause.- Republic Act No. 1536 is hereby repealed. All
other laws, parts of law, orders, ordinances, or regulations relative to the practice of
metallurgical engineering which are inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

Sec. 46. Effectivity.- This Act shall take effect fifteen days following its
Publication in the Official Gazette ot in a major daily newspaper of general circulation
in the Philippines.

Approved,

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