SIXTEENTH CONGRESS OF THE 
) 
REI'UBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
SENATE 
S. NO. __ 
9_9_4_. _ 
EXPLANATORY NOTE 
The Philippine Mining Industry is a major contributor to the Gross Domestic Product (GOP) of 
the country and has been experiencing robust growth in recent years. This stren!,>th of the mining 
industry has attracted the attention of both foreign and domestic investors and has seen the 
emergence of business and professional groups which has adopted and formulated professional 
titles, technical standards and mineral reportingcodes without any authorization from law. 
In the absence of clear-cut provisions in the Mining Engineering Law of 1965, these professional 
titles, technical standards and mineral reporting codes have been adopted and used by some 
business and professional groups, and implemented by non-Mining Engineers to the detriment of 
the majority of Registered Mining Engineers. 
Furthermore, the Philippine Government, through the Department of Trade and Industry, has 
already si!,'1led with other Southeast Asian countries an ASEAN Mutual Recognition Act which 
would eventually allow foreign Mining Engineers to practice in the Philippines in violation of 
the Philippine Constitution. Several private groups such as the APEC 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 issuing professional titles such as ASEAN 
Engineers, Competent Persons, and Qualified Persons. These unauthorized activities have caused 
confusion in the Philippine Mining Industry particularly anlong Registered Mining Engineers 
because such activities tend to discriminate against majority of Registered Mining Engineers and 
tend to eliminate manyof the rights and privileges already granted to them by RA 4274 or the 
Mining EngineeringAct ofl965. 
Likewise, there is a need to protect the vested rights and privileges of Registered 
MiningEngineers in good standing with the Professional Regulations Commission (PRC) and 
toupdatc the Mining Engineering Act of 1965, to harmonize it with other engineering professions 
and make the mining industry more professionally competitive. 
In view thereof, passage ofthis bill is urgently sought 
ANT NIO" ONNY" . TRILLANES IV 
1 
1 
,. , . 


SIXTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
'1:1 
jilL T) Wi 'nll 
-
\,. 
I .. I 
j" -
" 
SENATE 
994 
S.NO. ___ 
_ 
Introduced by Senator Antonio "Sonny" F. Trillanes IV . 
AN ACT 
REGULATING THE PRACTICE OF MINING ENGINEERING IN THE PHILIPPINES, 
REPEALING FOR THE PURPOSE REPUBLIC ACT NUMBERED FOUR THOUSAND 
T.WO HUNDRED SEVENTY FOUR (R.A. NO. 4274), AS AMENDED ENTITLED 
"MINING ENGINEERING LAW OF THE PHILIPPINES," AND FOR OTHER 
PURPOSES. 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
ARTICLE I 
GENERAL PROVISIONS 
1 
SECTION 1. Title. - This Act shall be known as the "New Mining Engineering Act of 
2 
2013." 
3 
4 
SEC. 2. Declaration of Policy. - It is hereby declared the policy ofthe State to supervise 
5 
and regulate the practice of mining engineering which is vital to national development; and 
6 
upgrade the quality of mining engineers whose standards of professional practice shall be at par 
7 
with the best in the world and to reserve the practice of mining engineering to Filipino citizens. 
8 
9 
SEC. 3. Objectives. - This Act shall govern: 
10 
(a) the examination, registration, and licensure of professional mining engineers, registered 
11 
mining engineers and certified mine foremen; 
12 
(b) the supervision, control and regulation of the practice of mining engineering; 
13 
(c) the development and upgrading of the curriculum of mining engineering profession; 
14 
(d) the development of the professional competence of mining engineers through continuing 
15 
professional education; and 
16 
(e) the integration of the mining engineering profession. 
17 
SEC. 4. Definition of Terms. - As used in this Act, the following terms shall mean as 
18 
follows: 
19 
( it) Practice of mining engineering shall mean the rendering or offering of mmmg 
20 
engineering services for a fee, salary, reward or compensation, paid to him/her or 
1 


through another person or persons, or even without such reward or compensation. 
2 
The term "practice of mining engineering" shall be synonymous to "rendering of 
3 
mining engineering service". 
4 
(b) Mine shall mean all kinds of excavations andlor extractions aimed at extracting 
5 
minerals, materials, ores andlor energy resources for beneficial usage. 
6 
(c) MineraVore resource shall mean a concentration or occurrence of miner-
7 
. als/matedals of intrinsic economic interest in or on·the earth's crust in such form 
8 
and quantity that there are reasonable prospects for eventual economic extraction. 
9 
(d) MineraVore reserve shall mean that portion of a mineral resource that is economi-
lOcally mineable which, after the application of all mining factors, result in an esti-
II 
mated tonnage and grade, that based on the certification of the mining engineer 
12 
making the estimates, can be the basis of a viable project after taking into account 
13 
all relevant mining, metallurgica~ processing, economic, marketing, 1ega~ envi-
14 
ronmental, social and regulatory factors. 
15 
(e) Energy resources shall mean coal, gas, petroleum, geothermal fluids or radio-
16 
active minerals that can be mined or harnessed for the production of power and 
17 
other beneficial usage. 
18 
(f) Mine installations shall mean surface, underground or underwater excavations 
19 
that require knowledge of mining engineering. 
20 
(h) Mining engineer shall mean a person who is a holder of a valid Certificate of Reg-
21 
istration and Professional Identification Card issued by the Board of Mining En-
22 
gineering and the Professional Regulation Commission. 
23 
24 
SEC. 5. Scope of Practice. - A person shall be deemed to be practicing the profes-
25 
sion of mining engineering or rendering mining engineering services within the meaning 
26 
and intent of this Act when he/she performs, but not limited to, any or all of the follow-
27 
,ing: 
28 
(a) Management, engineering or supervisory positions in mines, mine installation or 
29 
construction projects where knowledge in mining engineering is necessary in car-
30 
rying out such function, 
31 
(b) Calculation, estimation and certification of mineral and/or ore reserves, prepara-
32 
tion of mine pre-feasibility and feasibility studies; mine valuation, mine auditing, 
33 
mine consulting, third' party fairness opinion, third party mine audits and appraisal 
34 
of mining machinery and equipment. 
35 
(c) Participation in the preparation of environmental studies for mining projects and 
36 
monitoring under the Environmental Impact Assessment (EIA) system that calls 
37 
for knowledge of mining engineering. 
2 


• 
(d) Preparation, approval or signing of mining documents such as but not limited to 
2 
mine reports, mine plans and designs, specifications or project estimates, and 
3 
mining engineer's report. 
4 
(e) Design of mines, mining methods and applicable machinery, works or installation 
5 
and cOlmnissioning or decommissioning of mines. 
6 
(f) Employment in government service, if the nature and character ofhislher work is 
7 
in line with the profession requiring professional knowledge of mining engineer-
8 
ing. 
9 
(g) Management or supervision of small scale mines or similar projects as prescribed 
10 
by law. 
I I 
(h) Formulation of Mineral Reporting Codes and/or Engineering/Technical standards 
12 
for use by Professional and Registered Mining ·Engineers. 
13 
(i) Teaching, lecturing and reviewing of professional mining engineering subjects in 
14 
government recognized and accredited universities, colleges, schools and insti-
lS 
tutes. 
16 
U) Use of"E.M." after his/her name. 
17 
(k) Use of a temporary permit. 
18 
(I) All other functions, services and activities which, in the assessment and opinion 
19 
of the Board, the same constitute the practice of Mining Engineering. 
20 
21 
22 
ARTICLE II 
23 
CREATION OF THE PROFESSIONAL REGULATORY BOARD 
24 
FOR MINING ENGINEERS 
25 
26 
SEC. 6. Compositioll of the Board of Millillg Ellgilleerillg. - There is hereby 
27 
created a Professional Regulatory Board of Mining Engineering, hereinafter referred to as 
28 
the Board, under the administrative control and supervision of the Professional Regula-
29 
lion Commission, hereinafter called as the Commission, composed of a Chairman and 
30 
two (2) Members to be appointed by the President ofthe Philippines from among those 
31 
recommended by the Commission from the nominees ofthe duly Accredited Professional 
32 
Organization (APO) of mining engineers. The new Board shall be constituted three (3) 
33 
months from the effectivity of this Act. 
34 
35 
SEC. 7. Powers alld Duties of the Board. - The Board shall have the following 
36 
powers and duties: 
37 
(a) To supervise and regulate the practice of mining engineering profession; 
38 
(b) To detennine and evaluate the qualifications of the applicants for registration; 
3 


2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
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24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
(c) 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 examina-
tion results to the Commission; 
(d) To issue together with the Commission, Certificates of Registration and Pro-
fessional Identification Cards to applicants who have passed the licensure ex-
aminations for registered mining engineers; 
(e) To issue temporary permits to foreign mining engineers; 
(f) To inquire into conditions affecting the practice of the profession and adopt 
measures for the enhancement and maintenance of high professional, ethical 
and technical standards. Pursuant thereto, the Board may inspect establish-
ments where mining engineers practice their profession such as mines, plants, 
offices and the like in order to determine and enforce compliance with the 
provisions of this Act and issue Certificates of Compliance for the purpose; 
(g) In coordination with the Commission on Higher Education (CHED), inspect 
the facilities, faculty, equipment and other aspects directly related to the min-
ing engineering program of educational institutions; 
(h) To adopt the Implementing Rules and Regulations (IRR) necessary for carry-
ing out the provisions of this Act. 
(i) To adopt a Code of Ethics, Reporting Codes and a Code of Professional and 
Technical Standards for the practice ofthe Mining Engineering profession; 
(j) To investigate, in accordance with the rules on administrative investigation 
promulgated by the Commission, violations of this Act and its Implementing 
Rules and Regulations, the Code of Ethics and the Code of Professional and 
Technical Standards for mining engineers, administrative policies, orders and 
issuances promUlgated by the Board; 
(k) To issue subpoena duces tecum to secure the attendance of witnesses or the 
production of documents in connection with administrative cases before the 
Board; 
(I) To hear and decide administrative cases filed against mining engineers and 
firms emp loying mining 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 ofthe 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 ofthe mining engineering pro-
fession; 
4 


I 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
(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 
rules and regulations ofthe Board. 
(q) To prescribe guidelines and criteria on the Continuing Professional Education 
(CPE) program for mining engineers in consultation with the integrated and 
accredited mining engineer organizations, and 
(r) To perform regulatory, administrative, and quasi-legislative functions as man-
dated under R.A. 8981 otherwise known as the PRe Modernization Act, and 
such other functions as may be necessary in order to implement the provisions 
of this Act. 
14 
SEC. 8. Qualifications of the Chairman and Members of the Board - The 
15 
Chairman and members of the Board, at the time ofhis/her appointment must be: 
16 
(a) a natural born citizen and resident of the Philippines for at least ten(10) consecu-
I 7 
tive years 
18 
(b) at least thirty five(35) years of age, ofproven integrity, with high moral values in 
19 
his personal as well as his professional conduct ; 
20 
(c) a person with no fmal conviction by a court of an offense involving moral turpi-
21 
tude 
22 
(d) at least a holder of a bachelor's degree in mining engineering(BSEM) from a uni-
23 
versity, school ,college, academy or institution duly constituted, recognized and 
24 
accredited by the Philippine Government; 
25 
. (e) a Professional Minin~ Engineer with a valid certificate of registration and profes-
26 
sional identification card and an active practitioner for not less than ten (10) con-
27 
tinuous years prior to his/her appointment with a sworn statement as such; 
28 
(d) a person who does not have any pecuniary interest, directly or indirectly in any 
29 
university, college, school or institution conferring an academic degree necessary 
30 
for the admission to the practice of mining engineering, or institutions where re-
31 
view classes in preparation for the licensure examinations for mining engineers 
32 
are being officially offered or conducted; nor shall he/she be a member ofthe fa-
33 
culty or of the administration thereof prior to appointment to the Board, and 
34 
(e) a member of the Accredited Professional Association of Mining Engineers but 
35 
not a director, trustee or officer thereof. 
36 
37 
SEC. 9. Term of Office. - The Chairman and every member of the Board shall 
38 
hold office for a ternl of three (3) years after the appointment or until their successors 
39 
shall have been appointed and duly qualified. They maybe reappointed for another term 
5 


I 
oftlrree (3) years immediately after the expiry of their term but in no case shall the whole 
2 
tenn exceed six (6) years. Interim vacancies shall be filled for the un-expired portion of 
3 
the term only. 
4 
The Chairman and Members shall qualify by taking the proper oaths prior to assump-
5 
tion of office. 
6 
7 
SEC. 10. Compensation of the Board. - The Chairman and members of the 
8 
Board shall receive compensation and allowances comparable to that being received by 
9 
the chairman and members 0 f other professional regulatory boards under the Commission 
10 
as provided for in the General Appropriations Act. 
11 
12 
SEC. 11. Custodian of Records, Secretariat and Support. - All records of the 
13 
Board, including applications for examinations, examination papers and results, 
mi-
14 
nutes of meetings, deliberatiops of administrative and other investigative cases involving 
IS 
the Board shall be kept by the Commission. The Commission shall designate the Secre-
16 
tary of the Board and shall provide secretariat and other support services to implement 
17 
the provisions of this Act. 
18 
19 
SEC. 12. Grounds for Suspension or Removal of Board Members! Chairman -
20 
The President, upon the recommendation of the Commission after due process and ad-
21 
ministrative investigation conducted by the Commission, may remove or suspend a 
22 
chairman or member ofthe Board on any of the following grounds: 
23 
(a) gross neglect, incompetence or dishonesty in the discharge ofhis/her duty; 
24 
(b) violation of any of the causes/grounds and the prohibited acts provided in this 
25 
Act and the offenses in the Revised Penal Code, the Anti-Graft and Corruption 
26 
Practices, and other laws, or 
27 
(c) manipUlation or rigging of the licensure examination result for mining engineer-
28 
ing, disclosure of secret and confidential information on the examination ques-
29 
tions prior to the conduct thereof, or tampering of grades. 
30 
31 
SEC. 13. Annual Report - The Board shall submit an annual report to the Com-
32 
mission after the close of each fiscal year giving detailed account of Board proceedings 
33 
during the year and embodying such recommendations as the Board may desire to take. 
34 
35 
36 
37 
6 


2 
3 
ARTICLE III 
LICENSURE EXAMINATION AND REGISTRATION 
4 
SEC. 14. Categories of Registration. - Registration for the practice of mining 
5 
engineering shall be of three (3) categories, as follows: 
6 
(a) Professional Mining Engineer 
7 
(b) Registered Mining Engineer 
8 
(c) Certified Mine Foreman 
9 
10 
SEC. 15. Examination Requirement. - Except as otherwise specifically allowed 
II 
under this Act, all applicants for registration for the practice of mining engineering shaH 
12 
be required to pass the licensure examination prescribed herein. 
13 
14 
SEC. 16. Holding of Examination. - Examination of candidates applying for reg-
IS 
istration as Registered Mining Engineer shaH be given at least once a year on the date and 
16 
venue prescribed by the Commission and such examination shall be conducted by the 
17 
Board. 
18 
19 
SEC. 17. Scope of Examination for Registered Mining Engineer. - In the licen-
20 
sure examinations for Registered Mining Engineer, the scope of examinations, methods 
21 
and procedures shall be prescribed by the Board. The licensure examination shall cover, 
22 
but shall not be limited to, the following subjects: 
23 
(a) Mathematics (algebra, trigonometry, integral and differential calculus, 
24 
probability and statistics, advanced mathematical engineering); 
25 
(b) Engineering science and applied subjects(statics, dynamics, strength of 
26 
materials, fluid mechanics, materials science, chemistry and physics); 
27 
(c) Geology and Metallurgy; 
28 
(d) Mining Engineering, Economics, Environment, Laws and Ethics. 
29 
The Board, in consultation with the Accredited Professional Organization (APO) 
30 
and subject to approval by the Commission, may revise or exclude any of the subjects 
31 
and their syllabi, and add new ones as the need arises to conform to technological 
32 
. changes brought about by continuing trends in the profession. Provided, That a detailed 
33 
syllabi of the above examinations covering the whole aspects of the mine engineering 
34 
profession and practice shall be prepared by the Board. 
35 
36 
SEC. 18. Qualifications of Applicants for Registered Mining Engineer. - Any 
37 
person applying for licensure examination as Registered Mining Engineer shall establish 
38 
to the satisfaction of the Board that: 
7 


(a) he/she is a citizen of the Philippines or a foreign citizen whose country has reei-
2 
pro city agreement with the Philippines; 
3 
(b) he/she must be at least twenty one (21) years old; 
4 
(c) he/she holds the degree of Bachelor of Science in Mining Engineering(BSEM) 
5 
from a university, school, college, academy, or institute duly constituted and rec-
6 
ognized as such by the government; and 
7 
(c) he/she must not have been convicted by a court oflaw ofa crime involving moral 
8 
turpitude. 
9 
10 
SEC. 19. Registration of Professional Mining Engineer and Certified Mine 
11 
Foreman. - Registration of the following categories of practice of mining engineering 
12 
shall require no written licensure examinations. 
13 
14 
a) Professional Mining Engineer - The granting of Certificate of Registration to Pro-
IS 
fessional Mining Engineers shaH be testimonial in nature. Candidates for certifica-
16 
tion shall be nominated by the accredited professional association who shaH eva-
17 
luate, attest and certify to the credentials of applicants to include, but not be limited 
18 . 
to, an enumeration of experience and presentation of a mining engineering report or 
19 
technical paper pertinent to his/her line of experience. 
20 
21 
b) The granting of Certificate of Registration as Certified Mine Foreman shall be 
22 
upon the nomination of the accredited professional association who shall evaluate, testify 
23 
and certify to the qualification of applicants through oral examinations on specific subject 
24 
such, as but not limited to, mining operations, drilling and blasting, mine safety, envi-
25 
ronmental protection and pertinent mine rules and regulations. 
26 
27 
SEC. 20. Qualifications of Applicants for Professional Mining Engineer. - An ap-
28 
plicant for registration as Professional Mining Engineer must, at the time of filing of 
29 
his/her application, establish to the satisfaction of the Board that: 
30 
(a) he/she is a citizen of the Philippines or a foreign citizen whose country has reci-
31 
procity agreement with the Philippines; 
32 
(b) he/she has a valid certificate of registration as Registered Mining Engineer and a 
33 
holder of a valid Professional Identification Card; 
34 
(c) he/she has graduated from an engineering school or college of recognized stand-
35 
ing, after completing an approved course in mining engineering; 
36 
(d) he/she has a specific record ofa total ten (10) years or more of active and conti-
37 
nuous mining engineering practice prior to his/her registration; 
38 
(e) he/she holds at least one certificate of specialization in mine engineering as spe-
39 
cified under Section 26 thereof; and 
8 


- - -
~-----
(f) helshe must not have been convicted by a court oflaw of a crime involving mor-
2 
al turpitude; 
3 
4 
SEC. 21. Qualifications of Applicantsfor Mine Foreman - Any person applying 
5 
for a certificate of registration as Mine Foreman shall establish to the satisfaction of the 
6 
Board that: 
7 
(a) -he/she is a Filipino citizen and at least twenty-one years of age; 
8 
(b) helshe is of good reputation and moral character; 
9 
(c) helshe is a graduate of a Mine Foreman course from a mining 
school 
10 
or institute 
duly accredited by the government and has at least ten (10) 
1 I 
years actual experience in mining; 
12 
(d) helshe is a graduate of Mining Engineering from a government-recognized 
13 
school, university, institute or college with at least five (5) years of actual ex-
14 
perience in mining; 
15 
(e) helshe is a college graduate with at least fifteen (15) years of actual experience 
16 
in mining; and 
17 
(f) helshe is competent to be a mine or quarry foreman as certified and 
attested 
18 
to by the accredited professional association of mining engineers. 
19 
20 
SEC. 22. Examination Fees - Any applicant admitted to take mining engineering 
21 
examinations shall pay such fees as may be prescribed by the Commission before helshe 
22 
is allowed to take the examination. 
23 
24 
SEC. 23. Rating in the Licensure Examination. - To pass the licensure exami-
25 
nation for mining engineering, a candidate must obtain a general or weighted average of 
26 
no less than seventy per centum (70%) and a rating of no less than fifty per centum (50%) 
27 
in any examination subject. 
28 
29 
SEC. 24. Report of Ratings. - The Board shall complete the correction of exami-
30 
nation papers within three (3) days from the last day of examinations. The Commission 
31 
shall report the rating of examinees not more than thirty (30) days after the Board has 
32 
completed the correction of examination papers. 
33 
34 
SEC. 25. Issuance of Certificates of Registration and Professional Identifica-
35 
tion Card. - A certificate of registration shall be issued to those who are registered sub-
36 
ject to payment of fees prescribed by the Commission. It shall bear the signatures ofthe 
37 
Chairperson of the Commission and of the Chairman and members of the Board, stamped 
38 
with the official seal of the Commission and of the Board, certifying that the person 
39 
named therein is entitled to the practice of the profession with all the privileges appurte-
9 


nant thereto. Until withdrawn, revoked, or suspended in accordance with this Act, it shall 
2 
remain in full force and effect. 
3 
A professional identification card bearing the registration number and date, its 
4 
validity and expiry duly signed by the Chairperson of the Commission shall likewise be 
5 
issued to every registrant who has paid the prescribed fees therefor. 
6 
7 
SEC. 26. Issuance of Ceri(ficates of Specialization. - Upon the nomination of 
8 
the accredited professional association of mining engineers, the Board shall issue a Cer-
9 
tificate of Specialization to an applicant who is a registered mining engineer and who has 
10 
specialized knowledge, training and experience in a specific field of mining and has 
II 
documented his/her expertise and competence on the same. 
12 
13 
SEC. 27. Seal of Professional and Registered Mining Engineer. - A Profes-
14 . sional or Registered Mining Engineer, upon registration and payment of fees and dues to 
15 
the Commission, shall obtain a seal of such design prescribed by the Board, bearing the 
16 
registrant's name, certificate number and the legend "Professional Mining Engineer" or 
17 
"Registered Mining Engineer". Designs, plants, specifications, project pre-feasibility and 
18 
feasibility studies, appraisals, valuations, recommendations, technical reports, proposals, 
19 
and other professional documents involving mines, quarries, colliery works, projects or 
20 
installations shall be stamped on every sheet with the said seal of the registrant when 
21 
filed with government authorities or when submitted or used professionally: Provided, 
22' That it shall be unlawful for anyone to stamp or seal any document with the said seal af-
23 
ter the certificate and/ or professional identification card shall have been revoked or can-
24 
celled or expired. 
25 
26 
SEC. 28. Fees for Registration. - Every person issued a Certificate of Registra-
27 
tion shall pay to the Commission such fees as the Commission may prescribe. 
28 
29 
SEC. 29. Issuance of Temporary Permits. - Temporary Permits shall be issued 
30 
to the following upon proper application with the Board: 
31 
(a) foreign Mining Engineers, recognized as experts in their specific fields of 
32 
mining engineering, called in by the Republic ofthe Philippines for consult a-
33 
tion or for specific design, installation or project: Provided, That their practice 
34 
shall be confined to such work only; 
35 
(b) foreign Mining Engineers who have distinguished themselves in their respec-
36 
tive fields of specialization, contracted as professors or lecturers on mining 
37 
engineering subjects by Philippine schools, or colleges, institutes or universi-
38 
ties on a direct hire or exchange basis, subject to verification of credentials by 
39 
the Board; and 
10 


Provided, That all the above shall secure the temporary Permit from the Board 
2 
prior to arrival in the country. 
3 
4 
SEC. 30. Refusal to Register. - The Board shall not register any successful appli-
5 
cant for registration who has been: 
6 
(a) convicted of an offense involving moral turpitude by a court of competent ju-
7 
risdiction, 
8 
(b) found guilty of immoral or dishonorable conduct by the Board, 
9 
(c) summarily adjudged guilty for violation of the General Instruction to Exarni-
10 
nees by the Board; and 
II 
(d) declared of unsound mind by the court of competent jurisdiction. 
12 
In refusing such registration, the Board shall give the applicant a written state-
13 
ment setting forth the reasons therefor and shall file a copy thereof in its records. 
14 
15 
SEC. 31. Revocation or Suspension of the Certificates of Registration and Can-
16 
cellatioll of Temporary Permit. - The Board shall have the power, upon notice of hear-
17 
ing, to revoke or suspend the certificate of registration of a Registered Mining Engineer 
18 
or to cancel a temporary permit granted to a foreign mining engineer, for violation of any 
19 
of the grounds or causes in Sec: 28 of this Act and any of the fullowing grounds: 
20 
(a) violation of a provision of this Act, its Implementing Rules and Regulations, 
21 
Code of Ethics, and Code of Professional and Technical Standards for the 
22 
practice of mining engineering; 
23 
(b) perpetration or use of fraud in obtaining in obtaining his/her certificate of reg-
24 
istration, professional identification card, or temporary permit; 
25 
(c) gross incompetence, negligence or ignorance resulting to death, injury or 
26 
damage; 
27 
(d) any act of misrepresentation in connection with an alleged perfurmance of 
28 
mining engineering activities; 
29 
(e) acts inimical to the mining engineering profession; 
30 
(f) gross immorality; 
31 
(g) conviction by final judgment of any act involving moral turpitude; 
32 
'(h) allowing the use his/her certificate of registration and/or professional card or 
33 
his/her temporary permit for illegal mining operations; 
34 
(i) illegally practicing the profession during his/her suspension from the practice 
35 
thereot; 
36 
(j) knowingly engaging in a mining operation Whether large, medium or small-
37 
scale, for which no mining permit has been issued by the Government 
38 
(k) knowingly participating in a mining operation that is destructive to the envi-
39 
ronment or managing or supervising a mine without an environmental permit 
11 


1 
(1) use of a professional title, not authorized by this Act, in the practice of mining 
2 
engineering 
3 
(m)use of mineral reporting codes/standards, engineering or technical stan-
4 
dards/codes for mining engineering not authorized under the provisions of this 
5 
Act 
6 
(n) addicted to a drug or alcohol abuse impairing his/her ability to practice his/her 
7 
profession or declared with an unsound mind by a court of competent juris-
8 
diction; 
9 
The Board shall periodically evaluate the afore-mentioned grounds and revise or 
10 
exclude or add new ones as the need arises subject to the approval by the Commission. 
11 
Any person, firm or association may file charges in accordance with the provision 
12 
of this Section against any registrant, or the Board may investigate violation of any of the 
13 
above-mentioned causes. Affidavit-complaint shall be filed together with the affidavits 
14 
of witnesses and other documentary evidence with the Board through the Legal and In-
15 
vestigation Office. The Board may motu proprio conduct an investigation which shall be 
16 
embodied in a formal charge to be signed by at least a majority of the members of the 
17 
Board. The rules on the administrative investigation issued by the Commission shall go-
18 
vern the hearing or investigation subject to applicable provisions of this Act, R.A. No. 
19 
8981 and the Rules of Court. 
20 
21 
22 
SEC. 32. Reissuance of Revoked Certificate of Registration and Replacement of 
23 
Lost Certificate of Registration and Professional Identification Card. - The Board may, 
24 
after two (2) years from the date of revocation ofthe Certificate of Registration, reissue a 
25 
certificate upon proper application. 
26 
A new Certificate of Registration and Professional Identification Card or tempo-
27 
rary permit, which has been lost, destroyed or mutilated, may be reissued after payment 
28 
ofthe required fee prescribed by the Commission. 
29 
30 
SEC. 33. Mining Engineers Required in Mines - The following functions and 
31 
responsibilities shall be discharged by respective mining engineer categories: 
32 
(a) Professional Mining Engineers- Senior mine management functions in mines; 
33 
consu~tants; professors of major mining subjects, senior government officials. 
34 
(b) Registered Mining Engineers- Junior mine management functions in mines, 
35 
senior management functions in small scale mines, lecturers, assistant profes-
36 
sors of professional major mining subjects, junior government personnel. 
37 
Provided. That the definition and scope of senior and junior management posi-
38 
tions shall be stipUlated in the Implementing Rules and Regulations (IRR) ofthis Act and 
12 


consistent with the minimum personnel compliment as provided under RA 7942, other-
2 
wise known as the New Mining Act, and its IRR. 
3 
4 
ARTICLE IV 
5 
PRACTICE OF MINING ENGINEERING 
6 
7 
SEC. 34. Prohibition from Practicing Mining Engineering. - No person shall 
8 
practice mining engineering in the Philippines without having been previously registered 
9 
as a Professional or Registered Mining Engineer or granted a temporary permit under the 
10 
provisions of this Act. 
11 
12 
SEC. 35. No Other Professional Titles Allowed. -
No other professional title 
13 
shall be used by any Professional or Registered Mining Engineer except those allowed by 
14 
this Act and no private institution or Government Agency, including Government-Owned 
IS 
or Controlled Corporations, shall grant or allow the use of any other professional title for 
16 
Professional or Registered Mining Engineers except those provided by this Act. 
17 
No Professional or Registered Mining Engineer shall use titles such as Compe-
18 
tent Person, Qualified Person, APEC Engineer, ASEAN Engineer, or similar titles unless 
19 
the same are authorized by law. All existing professional titles currently being used as of 
20 
the effective date of this Act which are not authorized by law are hereby revoked. 
21 
22 
SEC. 36. Engineering and Technical Standards, Mineral Reporting Codes. -
23 
No Private or Government Institution/Agency, including Government-Owned and Con-
24 
trolled Corporations, shall formulate and adopt Engineering and Technical Standards, 
25 
Mineral Reporting Codes or similar standards or codes of Practice for Professional or 
26 
Registered Mining Engineers without the prior written approval ofthe Professional Regu-
27 
lations Commission upon the recommendation ofthe Board of Mining Engineering and a 
28 
two-thirds(2/3) vote of all Professional and Registered Mining Engineers in good stand-
29 
ing with the PRC in a general membership meeting of the Accredited Professional Organ-
30 
ization, supervised by the Commission and specifically called for the purpose. 
31 
32 
All engineering and technical standards and mineral reporting codes currently be-
33 
ing implemented but is not duly approved pursuant to this section are hereby revoked. 
34 
35 
SEC. 37. Who May Practice Mining Engineering. - Except as may be otherwise 
36 
provided in this Act, only persons properly licensed and registered may practice mining 
37 
engineering in the country. No firm, partnership, corporation or association may be li-
38 
censed and registered as such for the practice of mining engineering. Duly licensed pro-
39 
fessional mining engineers and or registered mining engineers may form partnerships 
13 


I 
among themselves and use the title "Mining Engineers" or ''Professional Mining Engi-
2 
neers", or "Engineers" in their partnership name. 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
SEC. 38. Automatic Admission. - All Registered Mining Engineers who are in 
good standing with the Commission at the time this Act takes effect, shall automatically 
be registered under this Act as Professional Mining Engineers by the Commission and/or 
the Board of Examiners for Mining Engineering upon submission to the Commission of 
the following: 
(a) Sworn Statement that: 
i. 
he/she is a citizen of the Philippines and has been a resident of the 
Philippines for ten (10) continuous years prior to the effectivity of this 
Act; 
ii. 
he/she has a record often (l0) years or more of active and continuous 
15 
mining engineering practice prior to his/her registration as Professional 
16 
Mining Engineer as indicated in a list to be attached to the Sworn 
17 
Statement; 
18 
(b) Clearance from the Philippine National Police (PNP), Barangay, National Bureau 
19 
of Investigation (NBI), Ombudsman, Sandiganbayan and Provincial/City Prose-
20 
cutor. 
21 
(c) Letter ofIntent to the Commission indicating his/her intention to avail of this pri-
22 
vilege under this Act; 
23 
Upon submission of all of the above requirements, the Commission shall the mi-
24 
nisterial function of forthwith issuing a Certificate of Registration as Professional Mining 
25 
Engineer to the applicant Registered Mining Engineer together with the Professional 
26 
Mining Engineer Identification card without any further conditions. 
27 
Except as provided for under this Section, the Commission and/or the Board of 
28 
Mining Engineering shall not impose any other additional requirements for automatic 
29 
registration as Professional Mining Engineers. 
30 
All Registered Mining Engineers shall avail of the privilege granted under this 
31 
Section within three (3) years from the effectivity of this Act. 
32 
33 
SEC. 39. Roster of Engineers and Foremen. - A roster showing the names, reg-
34 
istration numbe5rs and dates of issue and expiry, current addresses, place of business of 
35 
all Professional and Registered Mining Engineers and Certified Mine Foremen, shall be 
36 
prepared and kept by the Commission which shall be made available to interested parties 
37 
upon formal written request. 
38 
14 


I 
SEC. 40. Foreign Reciprocity. - No foreign mining engineer shall be granted any 
2 
of the right and privilege under this Act unless the country of which helshe is a subject or 
3 
citizen grants the same or similar rights or privileges to Filipino mining engineers. 
4 
5 
SEC. 41. Indication of License and Professional Tax Receipt. - The Profession-
6 
al or Registered Mining Engineer shall be required to indicate hisl her Professional Li-
7 
cense number, the duration of validity, including the professional tax receipt number on 
8 
the documents hel she signs, uses or issues in connection with the practice ofhislher pro-
9 
fession. 
10 
II 
SEC. 42. Posting of Certificates. - The owner, manager or other person in charge 
12 
of any mine or quarry operation of a firm, co-partnership, company, corporation, or joint 
13 
stock association, shall post or cause to be posted in conspicuous place within the pre-
14 
mises of such mines, the certificate of registration of Professional and Registered Mining 
IS 
Engineers and Certified Mine Foremen employed therein. 
16 
17 
SEC. 43. Integration of the Mining Engineering Profession. - The mining engi-
18 
neering profession shall be jntegrated into one (1) national organization of mining engi-
19 
neers that is duly registered with the Securities and Exchange Commission (SEC). The 
20 
Board, subject to approval by the Commission shall accredit the said organization as the 
21 
one and only integrated and accredited professional organization (APO) of mining engi-
22 
neers. All mining engineers whose names appear in the Registry Book of Mining engi-
23 
neers shall ipso facto or automatically become members thereof and shall receive there-
24 
from all the benefits and privileges upon payment of APO membership fees and dues. 
25 
26 
Membership in the integrated accredited professional organization shall not be a 
27 
bar to membership in other mining engineering associations. 
28 
29 
ARTICLE V 
30 
PENAL AND GENERAL PROVISIONS 
31 
32 
SEC. 44. Penal Clause. - Any person who shall practice mining engineering in 
33 
the Philippines as defmed in this Act without a certificate of registration in accordance 
34 
with the provisions of this Act, or any person presenting or using as his/her own the cer-
35 
tificate of registration of another, or any person who shall give any false or forged evi-
36 
dence, or any person who shall impersonate any registrant of like or different name, or 
37 
any person who shall use a revoked or suspended certificate of registration, or any person 
38 
who shall assume, use, or advertise any title or description tending to convey the impres-
39 
sion that helshe is a mining engineer without being registered as such, or is engaged in 
15 


1 
the mining engineering practice, without holding a valid certificate of registration from 
2 
the Board or any Professional or Registered Mining Engineer who shall use any other 
3 
professional title such as Competent Person, Qualified Person, APEC Engineer, ASEAN 
4 
Engineer or similar titles not authorized by law, or adopt/use engineering and technical 
5 
standards, mineral reporting codes or similar standards not authorized by this ACT, shall, 
6 
upon conviction, be sentenced to a fine of not less than One Million Pesos (Php 
7.. 
I ,000,000.OO).nor more than Ten Million Pesos (Php 10,000,000.00) or imprisonment of 
8 
not less than one (1) month nor more than five (5) years or both at the discretion of the 
9 
Court. 
lOIn the event that Officials and Employees of the Professional Regulations Com-
11 
mission and/or of the Board of Mining Engineering, including the Chairman, Commis-
12 
sioners and Members oHhe Board of Examiners or any other officer/s and/or employee/s 
13 
of the Philippine Government violate this Act, they shall upon conviction, suffer a penal-
14 
ty double the above penalties. 
IS 
16 
SEC. 45. Act Not Affecting Other Professions. - This Act shall not affect or pre-
17 
vent the practice of any other legally recognized profession. 
18 
19 
SEC. 46. Enforcement of the Act by the Officers of the Law. - The Board shall 
20 
be assisted by the Commission in carrying out the provisions of this Act and its irnple-
21 
menting rules and regulations and other policies. The lawyers of the Commission shall 
22 
act as the prosecutors against illegal practitioners and other violations ofthis Act and its 
23 
rules. The duly constituted authorities of government shall likewise assist the Board and 
24 
the Commission in enforcing the provisions of this Act and its rules. 
25 
26 
SEC. 47. Implementing Rules and Regulations. - Subject to the approval of the 
27 
Commission, the Board shall adopt and promulgate such implementing rules and regula-
28 
tions and the Code of Ethics and Code of Professional and Technical Standards of Mining 
29 
Engineers to carry out the provisions of this Act, which shall be effective after thirty (30) 
30 
days following their publication in the Official Gazette or in a major newspaper of gener-
31 
al circulation. 
32 
33-
SEC. 48. Separability Clause. - If any section or portion ofthis Act shall be de-
34 
c1ared unconstitutional or invalid, such shall not invalidate any other section ofthis Act. 
35 
SEC. 49. Repealing Clause. - R.A. 4274, as amended, is hereby repealed and all 
36 
other laws, parts oflaw, orders, ordinances, or regulations relative to the practice of miu-
37 
ing engineering which are inconsistent with the provisions of this Act are hereby repealed 
38 
or modified accordingly. 
39 
16 


I 
SEC. 50. Effectivity Clause. - This Act shall take effect fifteen days following its 
2 
publication in the Official Gazette or in a major daily newspaper of general circulation in 
3 
the Philippines. 
Approved, 
17