FOURTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILLPPINES 1 
Second b g u b r  Session 
> 
SENATE 
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Introduced by Senator Antonio “Sonny” F. Trillanes N 
Ern&YATORY 
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. This 
&exg$h of ?he mi~ing !&ustry has &trateed &e atte~tioo ef both fareign and domestic 
adopted and formulated professional titles, technical standards and mineral reporting 
codes without any authorization from law. 
In the absence ofcleor-c;t pro-dons in the Mining Engineering Law of 1965, these pro- 
fessional titles, technical standards and mineral reporting codes have been adopted and 
used by some business and professional groups, and implemented by non-Mining Engi- 
neers ?o the detrimen4 of the maj4xit-y efRegi&ered Mining Engineers. 
Furthermore, the Philippine Government, through the Department of Trade and Industry, 
has already signed with other Southeast Asian countries an ASEAN Mutual Recognition 
Act which would eventually albw €we& M n k g  Engineers to prac?i,tice in the Philip- 
pines in viohtion ofthe Philippine Constitution. Severo! prihte groups st;ch os the ME2 
Engineer, of which the Professional Regulations Commission is a member, has also been 
issuing professional titles such as APEC Engineers while private groups have been is- 
suing professhna4 titles such as ASEAV Ewineers, Competent Perms, and Qual.ified 
Industry particularly among Registered Mining Engineers because such activities tend to 
discriminate against majority of Registered Mining Engineers and tend to eliminate many 
of the rights md privikges a l r d y  gmted te them SS. aA 42%ar the Mining Engineer- 
ing Act of 1955, 
s h . n t .  
h 
inves:ors and has seen the emergence of basiness and professional grwps n 
111b11 Alas 
p“” 
broons. These utiattthorized actk~ities have caused confusion in the PMppine !dining 
Likewise, there is a need to protect the vested rights and privileges of Registered Mining 
Engineers in good standing with the Professional Regulations Commission (PRC) and to 
update the Mining E~gineeriag ‘kt of 1%5 te kamrdze it with other engineering pro- 
fessions snd moke the miring industry more pfessimai!y compet:tive. 
In view thereof, passage of this bill is urgently sought. 
ANTOT~IO~ONNY~~ 
F. TRILLANES IV 
Senator 


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FOURTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Sece~d 
Regular Sesskm 
1 
SENATE 
I 
I 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
All AeT 
IPPINES, REPEALING FOR THE PURPOSE REPUBLIC ACT NUMBERED 
FOUR THOUSAND TWO HUNDRED SEVENTY FOUR (RA. NO. 4274), AS 
c 
XEGULAT~NG TEE FKACTICE: OF rvi"llu'ii==G 
E~~'GD~'EENXG 
~ i u '  TEE PEL 
AMENDED ENTITLED "MILVING' ENGrNEEJUNG LAW OF THE PHILIP- 
P!'\EP, AND FOB VtktER YUP20SXS. 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
ARTICLE I 
GENERAL PROVISIONS 
SBC. 2. 9eckzrnti~n of'P~&y. - it is hereby deckxed the po!icjj of the State to 
supervise and regulate the practice of mining engineering which is vital to national de- 
velopment; upgrade the quality of mining engineers whose standards of professional 
practice shall be tit pa; with the best in the worfd and t~ reserve the practice of mining 
engineering to Filipino citizens. 
sgc. 3. gh&&X?S. - ThS Act Sbd gO*v'CIii bUf list hiited to: 
(a) the examination, registration, and licensure of professional mining engineers, regis- 
tered mining engineers and certified mine foremen; 
[b) the snpervision, control a d  regtihti~n ofthe p:ac:ice 
of mining engineering; 
(c) the development and upgrading of the curriculum of mining engineering profession; 
(d) the development of the professional competence of mining engineers through con- 
f ^I'..n 
rf..nn+;.-. 
- YO esivIluI euu,,L,n; 
md 
(e) the integration of the mining engineering profession. 
SSC. 4. D@xithi GJ T e r r ~ .  - As used in this Act, the foI!aving term shtill 
mean as follows: 
(a) Practice of mining engineering shall mean the rendering or offering of mining en- 
giiieerring sei%ces for n Fee, s&ry, revax! or compensation, ptiiu" to hilather or 
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through another person or persons, or even without such reward or compensation. 
The term “practice of mining engineering” shall be synonymous to “rendering of 
p..; 
,,,,,,ng engineering ser<ice’*. 
(b) Mine shall mean all kinds of excavations andor extractions aimed at extracting 
minerals, materiais, ores andor energy resources for beneficial usage. 
(c) Minera!!o:e 
rescace shall ne% a concent:atian o: 
occurrence of niner- 
als/inaterials 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 ofa mine:al iescace that is economi- 
cally mineable which, after the application of all mining factors, result in an esti- 
mated tonnage and grade, that based on the certification of the mining engineer 
making the estimates, can be &e bask of a viable project aEer taking into accvtt 
all relevant mining, metallurgical, processing, economic, marketing, legal, envi- 
ronmental, social and regulatory factors. 
(e) Energy resvxces shall mean coal, gas, petro!eiii, geothemLal fluids o: radio- 
active minerals that can be mined or harnessed for the production of power and 
other beneficial usage. 
(g Mine installations shall mean siifjce, unde:gound or uiiderwate: excavations 
that require knowledge of mining engineering. 
(h) Mining engineer shall mean a person who is a holder of a valid Certificate of Reg- 
istration ond Professhid !dentithtion Card issued by the Soard of Mining En- 
gineering and the Professional Regulation Commission. 
SEC. 5. Scope of Practica - A person shall 5e deerned to be prtxticing the pxf’es- 
sion of mining engineering or rendering mining engineering services within the meaning 
and intent of this Act when hekhe performs, but not limited to, any or all of the follow- 
ing: 
(a) Management, engineering or supervisory positions in mines, mine installation or 
construction projects where knowledge in mining engineering is necessary in car- 
ryifig  it such knction. 
(h) Calculation, estimation and certification of mineral andor ore reserves, prepara- 
tion of mine pre-feasibility and feasibility studies; mine valuation, mine auditing, 
rnine consulting, third party fairness opir,ion, third party nine =;dits and appraiso! 
of mining machinery and equipment. 
(c) Participation in the preparation of environmental studies for mining projects and 
monitoring mder t3e Enviroraental hpoc: Assessment (EA) sq’ste: that calls 
for knowledge of mining engineering. 


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(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 
I LLL6 eiigiixer‘s report. 
(e) Design of mines, mining methods and applicable machinery, works or installation 
and commissioning or decommissioning of mines. 
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if) Eniplopent in goverr,?;ent serwe, :f the nzture &id character of’hisi’her w x k  is 
in line with the profession requiring professional knowledge of mining engineer- 
ing. 
ig) Maiqeneiit or sqxrvision of mall scde mixs 
sinilar projects as prescribed 
by law. 
(h) Formulation of Mineral Reporting Codes and/or EngineeringtTechnical standards 
f i x  nse by P:ofessiona! md Registered Mining Engineers. 
(i) Teachmg, lecturing and reviewing of professional mining engineering subjects in 
government recognized and accredited universities, colleges, schools and insti- 
rures. 
I .  .+ 
(j) Use of “E.M.” after hisher name. 
(k) Use of a temporary permit. 
(1) A!1 other Fnnctioiis, services ziid activities ;;hich, in the assessment aiid opinion 
of the Board, the same constitute the practice of Mining Engineering. 
ARTICLE II 
CREATION OF THE PROFESSIONAL REGULATORY BOARD 
mi? 
Bmmc SxCmEEPa 
SEC. 6. Composition of the Board of Mining Engineering. - There is hereby 
created a Yrofess:onzi ‘Regdatoiy .Bozrd ofVEng Engineer@, herehfter ieferred to as 
the Board, under the administrative control and supervision of the Professional Regula- 
tion Commission, hereinafter called as the Commission, composed of a Chairman and 
~ V ( G  (2) Members to 5e appointed 54’ the Pieaiden: of the P!Ii!ippines f:on &Tong those 
recommended by the Commission from the nominees of the duly Accredited Professional 
Organization (APO) o f  mining engineers. The new Board shall be constituted three (3) 
::,onths fion the etTecti;;lJr ofthis Act 
SEC. I. Powers and Duties of the Board. - The Board shall have the following 
powers azd d.dties: 
(a) To supervise and regulate the practice of mining engineering profession; 
(b) To determine and evaluate the qualifications ofthe applicants for registration; 
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(c) To prescribe the subjects in the licensure examinations, determine the syllabi 
of the subjects and their relative weights, conskact the test questions in the 
examinations, score and rate the examination papers, and submit the exaniina- 
tion results to the Commission; 
(d) To issue together with the Commission, Certificates of Registration and Pro- 
fessiona! Identification Cards to app!icants xho ha-ve passed the licensure ex- 
aminations for registered mining engineers; 
(e) To issue temporary permits to foreign mining engineers; 
(f; ?'a iiicpiie into conditions afYecting 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 establish- 
ments wbeie mining enginecis practke their profession rtch as mines, p!ants, 
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; 
(gj in coordination with the Coir-*--.- 
uLLIDinvn 
on E@er Education (CFEDj, inspect 
the facilities, faculty, equipment and other aspects directly related to the min- 
ing engineering program of educational institutions; 
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(h) To dopt the ~knpiementing Ru!es an5 Regalations {LW) 
necessary for c a q -  
ing out the provisions of this Act. 
(i) To adopt a Code of Ethics, Reporting Codes and a Code of Professional and 
Technica! StanLards for the practice oftbe M%ng Engineering protkion; 
0) To investigate, in accordance with the rules on administrative investigation 
promulgated by the Commission, violations of this Act and its Implementing 
Rules and Xephtions, the Code of'Ethics an6 the Co6e of Professional and 
Technical Standards for mining engineers, administrative policies, orders and 
issuances promulgated by the Board; 
(k) Tb issne SubpiijOma &ices tectm to s e c ~ e  
tbe attendance of witnesses or the 
production of documents in connection With administrative cases before the 
Board; 
(1) To hear and decide admicistrative cases 5!ed against akin3 ecgnieers and 
firms employing mining engineers. The hearing shall be presided by the 
chairman or a member of the Board with the assistance of an Attorney of the 
Commiss:on. Tl;e Decision oft& Board rkay be appealed to the Coimiission 
and to the Court within fifteen (15) days from notice, otherwise the decision 
shall become final and executory. 
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(m)To ackrinister oaths in connection -&h t!ie perfomciice of its Ftnctions; 
(n) To adopt an official seal and prescribe the seal of the mining engineering pro- 
fession; 
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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 aEer the c!ose of each co!endar ye=. 
(p) To prosecute or institute criminal action against any violator of this Act and/or 
rules and regulations of the Board. 
(q) To prescrllse guidelines and criteria on t5e Continuing Professional Edacation 
(CPE) program for mining engineers in consultation with the integrated and 
accredited mining engineer organizations, and 
(r) To perfom regulctory, ackiinistrative, and cpsi-!eg2latke Fmctions as man- 
dated 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 Chaimzaa and Members of the Board - The 
Cha::mm azd members ofthe .Soarc, at the time &-&!her 
appo:ntzxnt must be: 
(a) a natural born citizen and resident of the Philippines for at least ten(l0) consecu- 
tive years 
(b) at least tliirtyy five(35) years ofage, ofproven integrity, wits high m o d  valaes in 
his personal as well as his professional conduct ; 
(c) a person with no final conviction by a court of an offense involving moral turpi- 
tiide 
(d) at least a holder of a bachelor's degree in mining engineering(BSEM) from a uni- 
versity, school ,college, academy or institution duly constituted, recognized and 
accredited by the Philippine Government; 
(e) a Professional Mining Engineer with a valid certificate of registration and profes- 
sional identification card and an active practitioner for not less than ten (10) con- 
tinuous years pri'or to his,&: appointnent v&h a worn statement as such; 
(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 engLnee;ing, or institntions wlie:e re- 
view 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 fa- 
culty or ofthe acfzinistration thereof prior to appohtnerit to the 3oar&, ad 
(e) 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 Seen appointe6 and $t!y qtalified. They maybe reappointed for another term 
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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 o f  
the term only. 
The Chairman and Members shall qualify by taking the proper oaths prior to assump- 
tion 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 chaiiinaii and members of other profesGona1 regG!atoy boaids a d e r  %e Coiiimission 
as provided for in the General Appropriations Act, 
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SEO. 11. CUStGdh ofgecords, tk%?tari;?t 
6 1 d  &ppGrt - All records O f  the 
Board, including applications for examinations, examination papers and results, 
mi- 
nutes of meetings, deliberations of administrative and other investigative cases involving 
t5e Boazd sha!! be kept by :he Commission. The Commission sha11 designate the Secre- 
tary 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 ad- 
ministrative investigation condxted by tbe Comnission, may reaove or suspend it 
chairman or member of the Board on any of the following grounds: 
(a) gross neglect, incompetence or dishonesty in the discharge of hidher duty; 
(b) violation of any of the causeslgoancis an3 the piohibited 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 i'ing 
orthe licens.xe examimtkx redt fbr mining engineer- 
ing, disclosure of secret and confidential information on the examination ques- 
tions prior to the conduct thereof, or tampering of grades. 
SEC. 13. Annual Report - The Board shall submit an amual report to the Com- 
mission after the close of each fiscal year giving detailed account of Board proceedings 
during the year and embodjiEg such reconmendations as the Eoaid may desire :o take. 
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ARTICLE IU 
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) Professioml .Mining Engifieer 
(b) Registered Mining Engineer 
(c) 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 exanination prescribed herein. 
SEC. 16. Holding of Examination. -Examination of candidates applying for reg- 
ismtbn as Re@staed -Migag &&wx shall be &mat lest m e .  
B yeax on the date and. 
venue prescribed by the Commission and such examination shall be conducted by the 
Board. 
SEC. 17. Scope of Examination for Regiktered Mining Engineer. - In the licen- 
sure examinations for Registered Mining Engineer, the scope of examinations, methods 
and procedmes shtil! be piescribed 5y the Soord. The Ecensure exmintition sha!! co-ver, 
but shall not be limited to, the following subjects: 
(a) Mathematics (algebra, trigonometry, integral and differential calculus, 
prGba5ilit.f and statistics, a&anced Eathematical efigineering); 
(b) Engineering science and applied subjects(statics, dynamics, strength of 
materials, fluid mechanics, materials science, chemistry and physics); 
(c) Geology and Fy%tallui~J~; 
(d) Mining Engineering, Economics, Environment, Laws and Ethics. 
The Board, in consultation with the Accredited Professional Organization (APO) 
onti sGbject to approva1 by %e Commission, may revise or excF&e aiiy of thc xbjects 
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 
sy!labi of the obove examintitTons cwering the whok ospects of- the nifie efigineering 
profession and practice shall be prepared by the Board. 
SEC. 18. Q ~ d ~ f l c a t f o ~ s  
cf AppEcmts for &@%red 
i ? f i ~ k g  
Eizgfneer. - Any 
person applying for licensure examination as Registered Mining Engineer shall establish 
to the satisfaction of the Board that: 


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(a) heishe is a citizen of the Philippines or a foreign citizen whose country has reci- 
procity agreement with the Philippines ; 
(,b) L-t-h 
llrli) 
e L , L ~  
n ,q b e at 1ea-t *...a ,,vunty one (21) years old; 
(c) he/she holds the degree of Bachelor of Science in Mining Engineering(BSEM) 
from a university, school, college, academy, or institute duly constituted and rec- 
ognized as such by the gcvermient; and 
(c) heishe must not have been convicted by a court of law of a crime involving moral 
turpitude. 
SEC. 19. Registration of Professional Mining Engineer and Certiped Mine 
Foreman. -Registration of the following categories of practice of mining engineering 
$hall require no written .!kensure exmnimtions. 
a) Professional Mining Engineer - The granting of Certificate of Registration to Pro- 
tkiona! Mxing Engineers s h l r  be teshen:aI in nature. Can&&tes Fer cectifka- 
tion shall be nominated by the accredited professional association who shall eva- 
luate, attest and certify to the credentials of applicants to include, but not be limited 
to, an enuiixration of experience an6 presentation of a mining engineering report or 
technical paper pertinent to hidher line of experience. 
1;) %e granting of Certificate of- Registratior, as CertifTed !line Foiemafi sha!! 5e 
upon the nomination of the accredited professional association who shall evaluate, testify 
and certify to the qualification of applicants through oral examinations on specific subject 
such, as but m t  limited to, misng operations, dri?!ing and blasfing, mine safety, envi- 
ronmental protection and pertinent mine rules and regulations. 
SgC. ZU. Qud$'%aths cfApp!katsfs: ,%,%sskat 
XWxg Engfaeei-. - An ap- 
plicant for registration as Professional Mining Engineer must, at the time of filing of 
hisiher application, establish to the satisfaction of the Board that: 
(a) he/she Ys a citizen ofthe??Glippines cr a hreigr, citizen whose country has reci- 
procity agreement with the Philippines; 
(b) heishe has a valid certificate of registration as Registered Mining Engineer and a 
holder ofa vdid Prcressioza! !dentiEca&n Car& 
(c) he/she has graduated from an engineering school or college of recognized stand- 
ing, after completing an approved course in mining engineering; 
[d) he/she has a specific record ofa total ten (TU) years or more &active and conti- 
nuous mining engineering practice prior to hisker registration; 
(e) he/she holds at least one certificate of specialization in mine engineering as spe- 
8 
c[flfied 
Section 26 *L-+-,.C 
Ilhl.d"I) 
(111- 


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(Q he/she must not have been convicted by a court of law of a crime involving mor- 
al 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 
.Soard 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) heishe is a grackmte of a Mine Foremac course f h m  a m%ng 
SChd 
or institute 
duly accredited by the government and has at least ten (10) 
years actual experience in mining; 
(a) helshe is a gra&iate of &$icing Bigfneerkg fkom a gaverr~ent-;eco~n:zed 
school, university, institute or college with at least five ( 5 )  years of actual ex- 
perience in mining; 
(e) heishe G a conege grackdate with at Ieast f&en (15) yeors ofact;al experience 
in mining; and 
to L.. 
vJ +pa ,uLuifited 
nnnrn 
proTessiona1 association ofmining engineers. 
(f) he/she is competent to be a mine or quarry foreman as certified and 
attested 
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SEC. 22. Examination Fees - Any applicant admitted to take mining engineering 
examhtions s h d  p y  stick fees BS nay be presc::bed 
by the Comm%s:on beibre h e k k  
is allowed to take the examination. 
SEC. 23. Ra:kg in :fie Ltcmmarz Examinatton. - To pass the ticens;;re exam:- 
nation 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 oiiy exaiiinath subject. 
SEC. 24. Report of Ratings, - The Board shall complete the correction of exami- 
natior, papers witKin three (3') 8ays 5om the Tas: 
&Jr 
cfexamkations. T5e Comixkion 
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 Identipca- 
tion Card - A certificate of registration shall be issued to those who are registered sub- 
ject to pqmect ofrees pxsc:%e65y %e Ca~~mkior,. 
It shall bear the s:gnatures &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 
naimd therein is entitIe8 to the praotice ofthe profession vdh an the pri-deges apxrte- 
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nant thereto. Until withdrawn, revoked, or suspended in accordance with this Act, it shall 
remain in full force and effect. 
A proksional identification car6 bearing the reg%tratioii rt%be; aii6 date, fts 
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. 
SEC. 26. Issuance of CeraFcates of Specialization. - Upon the nomination of 
the accredited professional association of mining engineers, the Board shall issue a Cer- 
t+:,,tn 
,illvuru 
specialized knowledge, training and experience in a specific field of mining and has 
documented hidher expertise and competence on the same. 
vyrcidLaLIun 
~ ’ “  
...A+ ;- tu - n n  -ppIicant 
” 
who is a registered E:niiig engfneer aid who has 
SEC. 27. Seal of Professional and Registered Mining Engineer. - A Profes- 
sional or Registered Mining Engineer, upon registration and payment of fees and dues to 
the Coinizisskn, shll o Y t n  a seal of such desig, prescribed 5j the Soard, bearing the 
registrant’s name, certificate number and the legend “Professional Mining Engineer” or 
“Registered Mining Engineer”. Designs, plants, specifications, project pre-feasibility and 
feasi%iIity stttfies, appraisaTs, vaFtations, recommeiiZatfons, technical reports, proposak, 
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 
%ed with goverruient authorities or whec s.&niite6 or used professior,a!!j: 
P~ovi?icd, 
That it shall be unlawful for any one to stamp or seal any document with the said seal af- 
ter the certificate and/ or professional identification card shall have been revoked or can- 
celled or expired. 
SEC. 28. Fees for Registration. - Every person issued a Certificate of Registra- 
. . .,. 
tion shal! pay to the Comnissijr, x6h fees as the Conn;:sslon i x y  piescrite. 
SEC. 29. Issuance of Temporary Perm‘&. - Temporary Permits shall be issued 
to the foEowiag upm proper zppkatior, wi% *e Boar& 
(a) foreign Mining Engineers, recognized as experts in their specific fields of 
mining engineering, called in by the Republic of the Philippines for consulta- 
+;-. Llu,l 
shall be confined to such work only; 
.~ 
YO; specific dcsig,, iEstaXatic;ii or proJect: ;J;o.;i&c& ?’hat their practice 
(b) foreign Mining Engineers who have distinguished themselves in their respec- 
tive EeXs of speciafization, coiitracted as professors or lemurcrs oii mining 
engineering subjects by Philippine schools, or colleges, institutes or universi- 
ties on a direct hire or exchange basis, subject to verification of credentials by 
10 
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Provided, That all the above shall secure the temporary Permit from the Board 
prior to amval in the country. 
SEC. 30. Refusal to Regiiter. - The Board shall not register any successful appli- 
cant for registration who has been: 
{a) convicted of an offense involving moral t~piiitde 5y a court of competent ju- 
risdiction, 
(b) found guilty of immoral or dishonorable conduct by the Board, 
(c) summarily adjudged g d t y  for vioiltion of :$e General Instruction to Exami- 
nees by the Board; and 
(d) declared of unsound mind by the court of competent jurisdiction. 
In refking stch registrction, the Board shol! give the appEcant a -mitten state- 
ment setting forth the reasons therefor and shall file a copy thereof in its records. 
SIX. 31. Raocati~n 
OP Siiqxmnsioit ~ f t k e  
Ce@5eata ofReginstratEon an8 Can- 
cellation of Temporary Permit. - The Board shall have the power, upon notice of hear- 
ing, to revoke or suspend the certificate of registration of a Registered Mining Engineer 
or to cance! a temporary permit granted to a %reign mining engineer, fix violation ofcny 
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 oFYrofessiond and Teckdcal Standards for the 
practice of mining engineering; 
(b) perpetration or use of fraud in obtaining in obtaining hisher certificate of reg- 
istration, professiona1 identiEcatTon card, or temporcry perid; 
(c) gross incompetence, negligence or ignorance resulting to death, injury or 
damage; 
(ci) any act of misrepresentatYon in conrection with cn alleged performance of 
mining engineering activities; 
(e) acts inimical to the mining engineering profession; 
( g  gross imnorailty; 
(g) conviction by final judgment of any act involving moral turpitude; 
(h) allowing the use hisher certificate of regiseation and/or professional card or 
F' ,is, fh e, 
"tc. bumporcry permit Tor illegd miiGng operations; 
(i) illegally practicing the profession during hidher suspension from the practice 
thereof; 
Q) knowiig~j engiiging in a mining operiitioa whether Iaige, medium or smr;!!- 
scale, for which no mining permit has been issued by the Government 
(k) howingly participating in a mining operation that is destructive to the envi- 
11 
ronment or managing or sapervising a mine without as environmeEta! perxi: 


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(1) use of a professional title, not authorized by this Act, in the practice of mining 
engineering 
(m)nse of mineral reporting codesistan&r6s, engineering or techica! stan- 
dardskodes for mining engineering not authorized under the provisions of this 
Act 
in) addicted to a &tg or aIcoLo1 &use impairing his,%er ability to practice hishcr 
profession or declared with an unsound mind by a court of competent juris- 
diction; 
The E?oard shal! periodicaj wahote :be &re-?-mentioned graimds on6 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 Bearc! may investigate -&kition of any of the 
above-mentioned causes. Affidavit-complaint shall be filed together with the affidavits 
of witnesses and other documentary evidence with the Board through the Legal and In- 
.,,"ti"" 
vrDn5,cltlon 
I G\fEce. The Seard m y  iiiott p-op-fo coiidact on Gxestigath -;+hfch sha!! 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 go- 
vern tke hearing or investigatfon s&jec: to appIica51e provkions ofthis Actt, R.A. No. 
898 1 and the Rules of Court. 
SEC. 32. Reissuance of Revoked Certificate of Registration and Replacement of 
Lost Certiifiate of Registration and Professional Identification Card - The Board may, 
&%e: tva [Y) years f b m  the &e &ievoca&x o f t k  Ce&?cate &Xegist:atim, reissue a 
certificate upon proper application. 
A new Certificate of Registration and Professional Identification Card or tempo- 
rary pemxt, *which has been lost, destroyec! or :xtiToted, nay be reisaaed afler payment 
of the required fee prescribed by the Commission. 
uwr> 
UYb. 13. 
0 xn:..:.., 
""'E, 
T+--:..--..- 
1U"~jl"rnu 4,,"L.," 
nn..:r,.a 
- 
10 nm:..,. 
i.*,".cS 
-??le felhvkig Eincticns and 
responsibilities shall be discharged by respective mining engineer categories: 
(a) Professional Mining Engineers- Senior mine management functions in mines; 
. .~ 
c=nsu!tar,ts; profess=rs oPinajor m:rxg mbjects, senior governmer,t officials. 
(b) Registered Mining Engineers- Junior mine management functions in mines, 
senior management functions in small scale mines, lecturers, assistant profes- 
sois of prof&ssionaI major mining rcbjects, j ~ n i ~ ~  
gwenineEt P X S G i i i d ,  
Provided, That the definition and scope of senior and junior inanagement posi- 
tions shall be stipulated in the Implementing Rules and Regulations (IRR) of this Act and 
.~ . 
12 


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consistent with the minimum personnel compliment as provided under RA 7942, other- 
wise 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 Prof'essiond or Regkteied Ffinkig Engineer oi grated a teiiiporaq pennit a & e r  the 
provisions of this Act. 
SBC. 35. XG Q%er P ~ Q , % s x ~ G ; ~ ~  
E&s &ll~ive&. - No other professiond 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, shc!! graiit GT al!cw the use ~F~iiiy 
other piofCssiod titk k r  
Professional or Registered Mining Engineers except those provided by this Act. 
No Professional or Registered Mining Engineer shall use titles such as Compe- 
tent ;Dersoii, QdaEkd Person, M E C  Engineer, ASEN4 Engineer, or similar titles .dess 
the same are authorized by law. All existing professional titles currently being used as of 
the effective date of ths Act which are not authorized by law are hereby revoked. 
SEC. 36. Engineering and Teclrnical Standards, Mineral Reporting Codes. - 
No Private or Government InstitutiodAgency, including Government-Owned and Con- 
tro!Ye% Corporations, s h d  f6rnxIate a d  a&pt EngiheerTng a d  Technica? Stazdards, 
Mineral Reporting Codes or similar standards or codes of Practice for Professional or 
Registered Mining Engineers without the prior written approval of the Professional Rep- 
lations Commission upon the recommendatGx ofthe Board ofMining Efigineering and a 
two-thirds(2i3) vote of all Professional and Registered Mining Engineers in good stand- 
ing with the PRC in a general membership meeting of the Accredited Professional Organ- 
ization, supe;;.ised 
by the Cominissi~n a i l  speciEiSy called For the purpose. 
All engineering and technical standards and mineral reporting codes currently be- 
ir,g ::xplemer,te%bnt :s not My approve% p ~ v ~ a n t  
to this section are hereEy revo!:ed. 
SEC. 37. Who May Practice Mining Engineering. -Except as may be otherwise 
. .  
pro.;'x"" 
*Iuvu 
,1, 
;* f$Ls 
act, oA 9 
4 I ,.a*" 
yvloolL~ 
n,. ,
.
.
-
,
.
O
r
 y.,y,II, I, licensed an% regktered inay practice m:n:fig 
engineering in the country. No firm, partnership, corporation or association may be li- 
censed and registered as such for the practice of mining engineering. Duly licensed pro- 
f'essiond ni:riiig eiigiiieers a d  or registered mining engLneers niay forx pa;',r,erships 
13 


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among themselves and use the title “Mining Engineers” or “Professional Mining Engi- 
neers”, 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 T’rokss%rlal Miiiing Erigineers by the CO:~:X:S.SIGE 
aii&’or 
the Board of Examiners for Mining Engineering upon submission to the Commission of 
the following: 
. .  
(a) Sworn Statement that: 
i. 
hehhe is a citizen of the Philippines and has been a resident of the 
.DK’T’, 
I llilirpines 
. 
for :eii (19) conthmis years prior to :he effectivity ofthis 
Act; 
heishe has a record of ten (IO) years or more of active and continuous 
minicg engkeedg practfce p:or 
to F:S!her 
registration as P:of$ssiona! 
Mining Engineer as indicated in a list to be attached to the Sworn 
Statement; 
.. 
11. 
(b) C?ea:w,ce f?om %e Fhilippyne NationaI FoEce (EX’), Bmxgaj,, ?Wiond ~ G X Z G  
of Investigation (NBI), Ombudsman, Sundiganbayan and ProvincialiCity Prose- 
cutor. 
(c) Letter ofhiten: to :he Comnissioc iiiCi&$ii~g &’her 
iiItention to a-va;! ofthis pri- 
vilege under this Act; 
Upon submission of all of the above requirements, the Commission shall the mi- 
nkerial Fun,,, ,.ti,,- 
-*-fo*;:*%. 
I 
yvllll :.” LoD~ing 
?-. 
a CertiEccite FfRegistratioii as P r ~ & s s i ~ ~ t ~ l  
Mining 
Engineer to the applicant Registered Mining Engineer together with the Professional 
Mining Engineer Identification card without any further conditions. 
Except as provXed for un&r th~is Section, the Coniiiiss:on andor t k  L?oard of 
Mining Engineering shall not impose any other additional requirements for automatic 
registration as Professional Mining Engineers. 
All Registered &king EiigTneers ska?: rail OT :kc privikge ganted uiidei this 
Section within three (3) years from the effectivity of this Act. 
SBC. 39. &ster @Eicgfitem andlv~rewiic. - A roster shwkig the names, reg- 
istration nunbe5rs 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 2112 kept “.jr the Caininkk~ 
*$IT& 
shalT be made availabk to in:e:es:ed 
p d e s  
upon formal written request. 
14 


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SEC. 40. Foreign Reciprocity. - No foreign mining engineer shall be granted any 
of the right and privilege under this Act unless the countv of which he/she is a subject or 
citizen gmits the smiie or sim:!e; 
$&ts or prPdeges to EK$ino mini& engineers. 
. .  
SEC. 41. Indication of License and Professional Tax Receipt.'- The Profession- 
a! or Keg:s?ered Min:ng Xnginee: shG be req.GkecI to izdiczte !%! he: Prof5ssiond Li- 
cense 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 hidher pro- 
fession. 
SEC. 42. Posting of CertiJicats. - The owner, manager or other person in charge 
' .  
ofany -*ne 
,,A,, 
or quaiq operation ofa firm, co-partnership, company, corporation, or je:~t 
stock association, shall post or cause to be posted in conspicuous place within the pre- 
mises of such mines, the certificate of registration of Professional and Registered Mining 
Engineers end Certified Xine Foremen empioyed therein. 
SEC. 43. Integration of the Mining Engineering Profession. - The mining engi- 
nee... 
,,,,,;ng 
ProfessiGr, WI? be :ntegra:ed kto one [I: nationa1 organizatbn of minhg e=& 
neers 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 
o x  anc! ~ii!j.' fnntegrcteb snd accreQted professionel organizatfon (MG] of miiGng engi- 
neers. All mining engineers whose names appear in the Registry Book of Mining engi- 
neers shall ipsofacto or automatically become members thereof and shall receive there- 
fiox all the benefits an6 privikges ~ p o n  
payiiefit ofAZ00 :iie&xrship fees anc! dnes. 
Membership in the integrated accredited professional organization shall not be a 
bar 
~ n e ~ ~ ~ ~ ~ ~ s h i p  
in &ha xnkrk e,agLwexi~g awxiatkwa. 
SEC. 44. Penal Clause. - Any person who shall practice mining engineering in 
the ?%!ipFines as & k e d  in t?Ss k: w:tkt~,=.;t a cert:Ecate ofregistration in accordmce 
with the provisions of this Act, or any person presenting or using as hisher own the cer- 
tificate of registration of another, or any person who shall give any false or forged evi- 
dence, o: any person ~ h o  
shcE i;rpxsonantc aiiy registrant of!Ze e: diEe:ent naixe, 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 impres- 
sion %et hdshe is a m:n:ng engineer vvf;tholit bei& iegistered as snch, or is engaged in 
15 
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the mining engineering practice, without holding a valid certificate of registration froin 
the Board or any Professional or Registered Mining Engineer who shall use any other 
piofessioiA title such as Coiiqxtent Person, ~uafi!';ed Person, APEC Ei~gineer, ASEAN 
Engineer or similar titles not authorized by law, or adopthe engineering and technical 
standards, mineral reporting codes or similar standards not authorized by this ACT, shall, 
..*A* 
urvll convictio:,, be sentenced to a fine of not Iess than One MilZon 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 Com- 
mission and/or of the Board of Mining Engineering, including the Chairman, Commis- 
sioners si16 Meabers ofthe EoarZ ofFxamiEers GT any other oMicerls an&'or employeeis 
of the Philippine Government violate this Act, they shall upon conviction, suffer a penal- 
ty double the above penalties. 
SEC. 45. Act Not Affecting Other Professsians. - This Act shall not affect or pre- 
vent 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 ths Act and its imple- 
- -  
iiiediig XX!G t~16 regi!at:ons 
a ~ !  
~ t k i  
pokies. The !~;;ye;~ oft% Comiiiission ~ha!! 
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 oft% Act arid its d e s .  
SEC. 47. Implementing Rules and Regulations. - Subject to the approval of the 
C~'=mm:ss:on, ?he Boa:d ihdf adopt an8 prom6gate snch :q%ementkg x1es srd reg&- 
tions 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 tkir pbEcation in the CJ7kia.t Gmette or in s insjor newspaper of gene;- 
a1 circulation. 
. .  
SEC. 48. Sepiir*.E[:'tj: Clause. - Ifany section or portion oft% Act shai! be 6e- 
clared 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 
o+h 
,,e, 
1 .aws, parts oflaw, orders, or&nances, or regdat<ons reIatF$e to the practice ofiiik- 
ing engineering which are inconsistent with the provisions of this Act are hereby repealed 
or modified accordingly. 
16 


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:he Philippks. 
SEC. 50. Effectivity Clause. - This Act shall take effect fifteen days following its 
publication in the Official Gazette or in a major daily newspaper of general circulation in 
Approved, 
17