FOURTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
S E N A T E  
S.B. No. 2573 
Introduced by Senator Loren Legarda 
EXPLANATORY NOTE 
When Republic Act No. 7942, otherwise known as the Philippine Mining Act was 
passed in 1995, it brought into focus the potentials of the country in developing the 
mining industry within the context of sustainable principles that will in turn facilitate 
economic growth through streams of revenues, employment, infrastructure, and human 
capital development. 
Like any other industry, such benefits are warranted through the fulfillment of 
its basic requirements, particularly a globally competitive pool of human resources. In 
order to ensure this prerequisite, the practice of mining engineering needs to be 
effectively regulated, setting standards that are at pace with global advancement. 
This bill therefore seeks to supervise and standardize the practice of mining 
engineering through regulatory measures, programs and activities. It likewise proposes 
to expand the scope of mining engineering to include not just those involved in the 
actual act of mining but also those who: 
1. calculate, estimate, and certify mineral, energy and water reserves; 
2. prepare mine feasibility studies, mine valuation or auditing; 
3. engage in mine consulting; 
4. participate in the preparation of environmental studies for mining projects and 
monitoring of the same; 
5. employed in government services that require professional knowledge of mining 
engineering; and 
6. teach or conduct reviews on professional mining engineering subjects in 
government-recognized and accredited universities, colleges, schools and 
institutes. 
To act as the overseeing body of the mining engineering profession, the bill 
proposes to create the Professional Regulatory Board of Mining Engineering. Among 
the salient powers and duties of the Board are to: 
1. adopt a Code of Ethics and a Code of Professional and Technical Standards for 
the practice of the mining engineering profession; 
2. determine and evaluate the qualifications of the applicants for registration; 
3. issue together with the Professional Regulatory Commission, Certificates of 
Registration and Professional Identification Cards to applicants who have passed 
the licensure examinations for registered mining engineers; 
4. inspect the facilities, faculty, equipment and other aspects directly related to the 
mining engineering program of educational institutions; 


5. 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 
6. 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. 
The proposed measure limits those who can practice the profession to those 
persons that have obtained licensure and registration, effectively inhibiting firms, 
partnerships, corporation or association from obtaining the same. It shall also enforce 
penalties in order to safeguard the credibility of the profession. 
While the end-goal in promoting the mining industry is to boost the economy, 
we should also endeavour to raise the standards of the profession of mining 
engineering not only to ensure its competitiveness in the global arena but also to 
guarantee best practices that are cognizant of the principles of sustainable and 
responsible mining. 
In view of the foregoing, the passage of this bill is earnestly sought. 
Senator 


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FOURTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
8 
RIiG 28 
I! 
fiii 
Second Regular Session 
1 
Introduced by Senator Loren Legarda 
AN ACT 
REGULATING THE PRACTICE OF MINING ENGINEERING IN THE 
PHILIPPINES, 
REPEALING 
FOR 
THE PURPOSE REPUBLIC ACT 
NUMBERED FOUR THOUSAND TWO HUNDRED SEVENTY FOUR (R.A. 
NO. 4274) , AS AMENDED OTHERWISE KNOWN AS THE "MINING 
ENGINEERING LAW OF THE PHILIPPINES", AND FOR OTHER 
PURPOSES 
Be if enacted by the Senafe and House of Representafiues 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 "Mining Engineering Act 
of 2008". 
Sec. 2. Statement ofPoZicy- It is hereby declared the policy of the State to 
supervise and standardize the practice of Mining Engineering as it is vital to 
national development and to upgrade the quality of mining engineers in the 
Philippines whose standards of professional practice shall be excellent, world- 
class and globally competitive through regulatory measures, programs and 
activities. 
Sec. 3. Objectives.- This Act shall govern but shall not be limited to: 
(a) the examination, registration, and licensure of professjonal mining 
engineers, mining engineers, and certified mine foremen; 
(b) the supervision, control and regulation of the practice of mining 
engineering; 
(c) the development and upgrading of the curriculum of the mining 
engineering profession; 
(d) the promotion of the professional competence of mining engineers 
through continuing professional development/education; and 


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(e) the integration of the mining engineering profession. 
Sec. 4. Definition of Terms - As used in this Act, the following terms 
all mean as follows: 
(a) “Practice of mining engineering” shall mean the rendering or offering of 
mining engineering services for a fee, salary, reward or compensation, 
paid to him/her or through another person or persons, or even without 
such reward or compensation. 
(b) ”Mine” shall mean all kinds of excavations and/or extractions aimed at 
extracting minerals/materials, energy resources or groundwater resources 
for beneficial usages in the context of responsible mining and sustainable 
development. 
(c) ”Mineral/ore resource” shall mean a concentration or occurrence of 
minerals/materials of intrinsic economic interest in or on the earth’s crust 
in such form and quantity that there are reasonable prospects for eventual 
economic extraction. 
(d) “Mineral /ore reserve” shall mean that portion of a mineral resource that 
is economically mineable and which, after the application of all mining 
factors, result in an estimated tonnage and grade, and, based on the 
certification of the mining engineer making the estimates, could be the 
basis of a viable project after taking into account all relevant mining, 
metallurgical, economic, marketing, legal, environmental, social and 
governmental factors. 
(e) “Energy resources” shall mean coal, gas, petroleum, geothermal fluids or 
radioactive minerals that can be mined or harnessed for the production of 
power and other beneficial usages. 
(f) ”Water reserves” shall mean groundwater deposits proven through 
hydro-geological exploration where water can be beneficially, extracted or 
harnessed for power generation and industrial development. 
(g) ”Mine installations” shall mean surface, underground or underwater 
excavations that require knowledge of mining engineering. 
(h) ”Professional Mining Engineer, Mining Engineer, Certified Mine 
Foreman’’ shall mean persons who are holders of valid Certificates of 
Registration and Professional Identification Cards issued by the 
Professional Regulatory Board of 
Mining Engineering and the 
Professional Regulation Commission. 
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Sec. 5. Scope of Practice- A person shall be deemed to be practicing the 
profession of mining engineering or rendering mining engineering 
services within the meaning and intent of this Act when he/she performs, 
but not be limited to, any or all of the following: 
(a) Management, engineering or supervisory positions in mines, mine 
installation or construction projects where knowledge in mining 
engineering is necessary in carrying out such function; 
(b) Calculation, estimation and certification of mineral, energy and water 
reserves, preparation of mine feasibility studies; mine valuation or 
auditing; and mine consulting; 
(c) Participation in the preparation of environmental studies for mining 
projects and monitoring under the Environmental Impact Assessment 
(EIA) system; 
(d) Preparation, approval or signing of mining documents such as but not 
limited to mine reports, mine plans and designs, specifications or project 
estimates; 
(e) Design, commissioning or decommissioning of mines, mining methods 
and applicable machinery, works or installation; 
(f) Employment in government service, if the nature and character of his/her 
work is in line with the profession requiring professional knowledge of 
the science of mining engineering; 
(g) Management or supervision of small scale mines or similqr projects as 
prescribed by law; 
(h) Mine engineering practice or services covered by bilateral or multilateral 
trade agreements where the Philippines is a signatory; 
(i) Teaching, lecturing and reviewing of professional mining engineering 
subjects in government recognized and accredited universities, colleges, 
schools and institutes; and 
(j) All other functions, services and activities which, in the assessment and 
opinion of the Board, the same constitute the practice of Mining 
Engineering. 
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Article I1 
CREATION OF THE PROFESSIONAL REGULATORY BOARD 
OF MINING ENGINEERING 
Sec. 6. Composition of the Board of Mining Engineering- There is hereby 
created a Professional Regulatory Board of Mining Engineering, hereinafter 
referred to as the Board, under the administrative control and supervision of the 
Professional Regulation Commission, hereinafter referred to as the Commission, 
composed of a Chairperson and two (2) members to be appointed by the 
President of the Philippines from among those recommended by the 
Commission from the nominees of 
the duly Accredited Professional 
Organization (APO) of Professional Mining Engineers, Mining Evgineers and 
Certified Mine Foremen. The new Board shall be constituted three (3) months 
from the effectivity of this Act. 
Sec. 7. Powers and Duties of the Board.- The Board shall have the 
following powers and duties: 
(a) Supervise and regulate the practice of mining engineering profession; 
(b) Determine and evaluate the qualifications of the applicants for 
registration; 
(c) Prescribe the subjects in the licensure examinations, determine the 
syllabi of the subjects and their relative weights, construct the test 
questions in the examinations, score and rate the examination papers, 
and submit the examination results to the Commission; 
(d) Issue together with the Commission, Certificates of Registration and 
Professional Identification Cards to applicants who have passed the 
licensure examinations for registered mining engineers; 
(e) Issue special/temporary permits to foreign mining engineers to 
practice the profession; 
(f) Inquire into conditions affecting the practice of the profession and 
adopt measures for the enhancement and maintenance of high 
professional, ethical and technical standards. Pursuant thereto, the 
Board may inspect establishments where mining engiyers 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; 
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(g) Inspect the facilities, faculty, equipment and other aspects directly 
related to the mining engineering program of educational institutions 
in coordination with the Commission on Higher Education (CHED); 
(h) Adopt the Implementing Rules and Regulations (IRR) necessary for 
carrying out the provisions of this Act; 
(i) Adopt a Code of Ethics and a Code of Professional and Technical 
Standards for the practice of the Mining Engineering profession; 
(j) Investigate, in accordance with 
the 
rules 
on administrative 
investigation promulgated by the Commission, violations of this Act 
and its Implementing Rules and Regulations, the Code of Ethics and 
the Code of Professional and Technical Standards for mining 
engineers, administrative policies, orders and issuances promulgated 
by the Board; 
(k) Issue subpoena duces fecurn to secure the attendance of witnesses or the 
production of documents in connection with administrative cases 
before the Board; 
(1) Hear and decide administrative cases filed against mining engineers 
and firms employing mining engineers. The hearing shall be presided 
by the chairperson or a member of the Board with the assistance of a 
lawyer from the Commission. The decision of the Board may be 
appealed to the Commission and to the Court within fifteen (15) days 
from notice, otherwise the decision shall become final and executory; 
(m) 
Administer oaths in connection with the performance of its 
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functions; 
(n) Adopt an official seal and prescribe the seal of the mining engineering 
profession; 
(0) Submit an annual report on the proceedings and accomplishments 
during the year and/or recommendations of the Board to the 
Commission thirty (30) days after the close of each calendar year; 
(p) Prosecute or institute criminal action against any violator of this Act 
and/or rules and regulations of the Board; 
(q) Prescribe guidelines and criteria on the Continuing Professional 
Education (CPE) program for mining engineers in consultation with 
the integrated and accredited professional organization of mining 
engineers; and 
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(r) Perform regulatory, administrative, and quasi-legislative functions as 
mandated under R.A. 8981 otherwise known as the Professional 
Regulation Commission Modernization Act, and such other functions 
as may be necessary in order to implement the provisions of this Act. 
Sec. 8. Qualifications of the Chairperson and Members of the Board - The 
Chairperson and members of the Board, at the time of his/her appointment 
must be: 
(a) a natural born citizen and resident of the Philippines; 
(b) at least a holder of a bachelor’s degree in mining engineering as conferred 
by an engineering school of good standing, recognized and accredited by 
the government; 
(c) a Professional Mining Engineer with a valid certificate of regiskation and 
professional identification card and an active practitioner for not less than 
ten (10) continuous years prior to his/her appointment; 
(d) a person who does not have any pecuniary interest, directly or indirectly 
in any university, college, school or institution conferring an academic 
degree necessary for the admission to the practice of mining engineering, 
or institutions where review classes in preparation for the licensure 
examinations for mining engineers are being officially offered or 
conducted; nor shall he/she be a member of the faculty or of 
the 
administration thereof prior to appointment to the Board; and 
(e) a member of the accredited professional organization of Mining Engineers 
but not a trustee or officer thereof.. 
Sec. 9. Term of Office- The Chairperson and the members of the Board 
shall hold office for a term of three (3) years after their appointment or until their 
successors shall have been appointed and duly qualified. They may be 
reappointed for another term of three (3) years immediately after the expiration 
of their term but in no case shall the whole term exceed six (6) years. Interim 
vacancies shall be filled for the unexpired portion of the term only. , 
The Chairperson and members shall qualify by taking the proper oaths prior 
to assumption of office. 
Sec. 10. Compensation of the Board - The Chairperson and members of 
the Board shall receive compensation and allowances comparable to that being 
received by the chairpersons and members of other professional regulatory 
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boards under the Commission as provided for in the General Appropriations 
Act. 
Sec. 11. Custodian of Records, Secretariat and Support - All records of 
the Board, including applications for examinations, examination papers and 
results, 
minutes of meetings, deliberations of 
administrative and other 
investigative cases involving the Board shall be kept by the Commission. The 
Commission shall designate the Secretary of the Board and shall provide 
secretariat and other support services to implement the provisions of this Act. 
Sec. 
12. 
Grounds 
for 
Suspension 
or 
Removal 
of 
Board 
Members/Chairperson - The President, upon the recommendation of the 
Commission after due process and administrative investigation conducted by the 
Commission, may remove or suspend the Chairperson or a member of the Board 
on any of the following grounds: 
(a) gross negligence, incompetence or dishonesty in the discharge of his/her 
duty; 
(b) violation of any of the causes/grounds and the prohibited acts provided 
in this Act and the offenses in the Revised Penal Code, the Anti-Graft and 
Corruption Practices, and other laws, or 
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(c) manipulation or rigging of the licensure examination result for mining 
engineering, disclosure of secret and confidential information on the 
examination questions prior to the conduct thereof, or tampering of 
grades. 
Sec. 13. Annual Report- The Board shall submit an annual report to the 
Commission after the close of each fiscal year giving detailed account of Board 
proceedings during the year and embodying such recommendations as the 
Board may desire to take. 
Article I11 
LICENSURE EXAMINATION AND REGISTRATION 
Sec. 14. Categories of Registration- Registration for the practice of 
mining engineering shall be of three (3) categories, as follows: 
(a) Professional Mining 
(b) Mining Engineer 
(c) Certified Mine Foreman 
Sec. 15. Passing of Licensure Examination Requirement. - Except as 
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otherwise specifically allowed under this Act, applicants for registration for the 
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practice of mining engineering shall be required to pass a licensure examination 
as provided for in this Act in such places and dates as the Commission may 
designate in accordance with the provisions of R.A. No. 8981 or the PRC 
Modernization Act of 2000. 
Sec. 16. Holding of Examination. - Examination of candidates applying for 
registration as Mining Engineer shall be given at least once a year on the date 
and venue prescribed by the Commission and such examination shall be 
conducted by the Board. 
Sec. 17. Scope of Examination for Mining Engineers- In the licensure 
examinations for Mining Engineers, the scope of examination, methods and 
procedures shall be prescribed by the Board. The licensure examination shall 
cover, but shall not be limited to, the following subjects: 
(a) Geology, and Mineral/Ore Resources Exploration; 
(b) Mining Engineering, Laws and Ethics; 
(c) Ore Processing/Beneficiation; and 
(d) Environmental Protection, Mine Safety and Social Acceptability. 
The Board, subject to approval by the Commission, may revise or exclude 
any of the subjects and their syllabi, and add new ones as the need arises to 
conform to technological changes brought about by continuing trends in the 
profession. Provided, That a detailed syllabi of the above examinations covering 
the whole aspects of the mining engineering profession and practice shall be 
prepared by the Board. 
Sec. 18. Qualifications of Applicants for Mining Engineer- Any person 
Mining Engineer shall establish to the 
applying for licensure examination as 
satisfaction of the Board that: 
(a) he/she is a citizen of the Philippines or a foreign citizen whose country 
has reciprocity agreement with the Philippines ; 
(b) he/she holds a degree of Bachelor of Science in Mining Engineering from 
a university, school, college, academy, or institute duly constituted and 
recognized as such by the government; and 
(c)he/she must not have been convicted by a court of law of a crime 
involving moral turpitude. 
Sec. 19. Registvation of Professional Mining Engineer and Certified Mine 
Foreman.- Registration of the following categories of practice of mining 
engineering shall require no written licensure examinations. 
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a) Professional Mining Engineer- The granting of Certificate of, Registration 
to Professional Mining Engineers shall be testimonial in nature. Candidates 
for certification shall be nominated by the accredited professional 
organization which shall evaluate, attest and certify to the credentials of 
applicants to include, but not limited to, an enumeration of experience and 
presentation of a mining engineering report or technical paper pertinent to 
his/ her line of experience. 
b) Certified Mine Foreman- The granting of Certificate of Registration as 
Certified Mine Foreman shaII be upon the nomination of the accredited 
professional organization which shall evaluate, testify and certify to the 
qualification of applicants through oral examinations on specific subjects 
such as, but not limited to, mining operations, drilling and blasting, mine 
safety, environmental protection and pertinent mine rules and regulations. 
Prouided, That applicants for Blaster Foreman’s Licenses issued by the 
Philippine National Police (PNP) must be either a graduate mining engineer 
or registered mining engineer or certified mine foreman. 
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Sec. 20. - Qualifications of Applicants for Professional Mining Engineer.- 
An applicant for registration as a Professional Mining Engineer must, at the 
time of filing of his/her application, establish to the satisfaction of the Board that: 
(a) he/she is a citizen of the Philippines or a foreign citizen whose country 
has reciprocity agreement with the Philippines; 
(b) he/she has a valid certificate of registration as Mining Engineer and a 
holder of a valid Professional Identification Card; 
(c) he/she has graduated from an engineering school 05 college of 
recognized standing, after completing an approved course in mining 
engineering; 
(d) he/she has a specific record of a total of ten (10) years or more of active 
and continuous mining engineering practice prior to his/ her registration; 
(e) he/she holds at least one certificate of specialization in mining 
engineering as specified under Section 26 thereof; and 
(f) he/she must not have been convicted by a 
involving moral turpitude. 
Sec. 21. - Qualifications of Applicants for Mine Foreman- 
court of law of a crime 
Any person applying for a certificate of registration as Mine Foreman shall 
establish to the satisfaction of the Board that: 
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(a) he/she is a Filipino citizen and at least twenty-one years of age; 
(b) he/she is of good reputation and moral character; 
(c) he/she is a graduate of a Mine Foreman course from a mining 
school or institute 
duly accredited by the government and has at 
least ten (10) years actual experience in mining; or 
(d) he/she is a graduate of Mining Engineering from a government- 
recognized school, university, institute or college with at least five (5) 
years of actual experience in mining; or 
(e) he/she is a college graduate with at least fifteen (15) years of actual 
experience in mining; and 
(f) he/she is competent to be a mine or quarry foreman as Fertified and 
attested to by the accredited professional association of mining 
engineers. 
Sec. 22. - Examination Fees- Any applicant admitted to take the mining 
engineering examination shall pay such fees as may be prescribed by the 
Commission before he/ she is allowed to take the same. 
Sec. 23. - Rating in the Licensure Examination.- To pass the licensure 
examination for mining engineering, a candidate must obtain a general or 
weighted average of no less than seventy per centum (70%) and a rating of no 
less than fifty per centum (50%) in any examination subject. 
Sec. 24. - Report of Ratings.- The Board shall complete the correction of 
examination papers within three (3) days from the last day of examinations. The 
Commission shall report the rating of examinees not more than thirty (30) days 
after the Board has completed the correction of examination papers. 
Sec. 25. - Issuance of Certificates of Registration and Professional 
Identification Card- A certificate of registration shall be issued to those who are 
registered with or without licensure examination subject to payment of fees 
prescribed by the Commission. It shall bear the signatures of the Chairperson of 
the Commission and of the Chairperson and members of the Board, stamped 
with the official seal of the Commission and of the Board, certifying that the 
person named therein is entitled to the practice of the profession with all the 
privileges appurtenant thereto. Until withdrawn, revoked, or suspended in 
accordance with this Act, it shall remain in full force and effect. 
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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. 26. - lssuance of Certificates of Specialization- Upon the nomination 
of the accredited professional organization of mining engineers, the Board shall 
issue a Certificate of Specialization to an applicant who is a registered mining 
engineer and who has specialized knowledge, training and experience in a 
specific field of mining and has documented his/ her expertise and competence 
on the same. 
See. 27. - Seal of a Professional and Registered Mining Engineer- A 
Professional Mining Engineer or a Mining Engineer, upon registration and 
payment of fees and dues to the accredited professional organization, shall 
obtain a seal of such design prescribed by the Board, bearing the registrant’s 
name, certificate number and the legend ”Professional Mining Engineer” or 
”Mining Engineer”. Designs, plans, specifications, project feasibility studies, 
appraisals, valuations, recommendations, technical reports, proposals, and other 
professional documents involving mines, quarries, coalliery works, projects or 
installations shall be stamped on every sheet with the said seal of the registrant 
when filed with government authorities or when submitted or used 
professionally: Provided, That it shall be unlawful for any one to stamp or seal 
any document with the said seal after the certificate and/ or professional 
identification card shall have been revoked or cancelled or has expired. 
Sec. 28. - Fees for Registration- Every person issued a Certificate of 
Registration shall pay to the Commission such fees as the Commission may 
prescribe. 
Sec. 29. - Issuance of Temporary /Special Permits- Temporary Special 
Permits shall be issued to the following upon proper application with the Board: 
(a) foreign Mining Engineers, recognized as experts in their specific fields 
of mining engineering, called in by the Republic of the Philippines for 
consultation or for specific design, installation or project: Provided, That 
their practice shall be confined to such work only; 
(b) foreign Mining Engineers who have distinguished themselves in their 
respective fields of specialization, contracted as professors or lecturers 
on mining engineering subjects by Philippine schools, or colleges, 
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institutes or universities on a direct hire or exchange basis, subject to 
verification of credentials by the Board; or 
(c) foreign Mining Engineers who are duly registered under the 
bilateral or multilateral agreements where the Philippines is a 
signatory. 
Provided, That all the above shall secure a temporary/special Permit from the 
Board prior to arrival in the country. 
Sec. 30. -Refusal to Register. - The Board shall not register any successful 
applicant for registration with or without licensure examination who has been: 
(a) convicted of an offense involving moral turpitude by a court of 
competent jurisdiction; 
(b) found guilty of immoral or dishonorable conduct by the Board; 
(c) summarily adjudged guilty for violation of the General Instruction to 
Examinees by the Board; and 
(d) declared of unsound mind by a court of competent jurisdiction. 
In refusing such registration, the Board shall give the applicant a written 
statement setting forth the reasons therefor and shall file a copy thereof in its 
records. 
Sec. 31. - Revocation or Suspension of the Certificates of Registration and 
Cancellation of Temporary/Special Permit.- The Board shall have the power, 
upon notice of hearing, to revoke or suspend the certificate of registration of a 
Professional Mining Engineer, Mining Engineer or Certified Mine Foremen to 
cancel a temporary/special permit granted to a foreign mining engineer, for 
violation of any of the grounds or causes in Sec. 30 of this Act, except ( c) thereof 
and on any of the following grounds : 
(a) violation of a provision of this Act, its Implementing Rules and 
Regulations, Code of Ethics, and Code of Professional and Technical 
Standards for the practice of mining engineering; 
(b) perpetration or use of fraud in obtaining 
his/her certificate of 
registration, professional identification card, or temporary/special 
permit; 
(c) gross incompetence, negligence or ignorance resulting to death, injury 
or damage; 
(d) any act of misrepresentation in connection with an alleged 
performance of mining engineering activities; 
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(e) acts inimical to the mining engineering profession; 
(f) gross immorality; 
(g) conviction by final judgment of any act involving moral turpitude; 
(h) aiding or abetting the illegal practice of a non-registered and non- 
licensed mining engineer by allowing him/ her to use his/ her 
certificate of registration and/or professional identification card, or 
his/her special/ temporary permit; 
(i) jllegally practicing the profession during hisjher suspension from the 
practice thereof; or 
(j) addicted to a drug or alcohol abuse impairing his/her ability to 
practice his/her profession, or declared with an unsound mind by a 
court of competent jurisdiction. 
The Board shall periodically evaluate the aforementioned grounds and 
revise, exclude or add new ones as the need arises subject to the approval by the 
Commission. 
Any person, firm or association may file charges in accordance with the 
provision of this Section against any registrant, or the Board may investigate 
violation of any of the above-mentioned causes. An affidavit-complaint shall be 
filed together with the affidavits of witnesses and other documentary evidence 
with the Board through the Legal and Investigation Office. The Board may motu 
proprio conduct an investigation which shall be embodied in a formal charge to 
be signed by at least a majority of the members of the Board. The rules on 
administrative investigation issued by the Commission shall govern the hearing 
or investigation subject to applicable provisions of this Act, R.A. No. 8981 and 
the Rules of Court. 
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Sec. 32. - Re-issuance of Revoked Certificate of Registration and 
Replacement of Lost Certificate of Registration and Professional Identification 
Card - The Board may, after two (2) years from the date of revocation of the 
Certificate of Registration, re-issue a certificate upon proper application. 
A new Certificate of Registration and Professional Identification Card, or 
temporary/special permit, which has been lost, destroyed or mutilated, may be 
reissued after payment of the required fee prescribed by the Commission. 
Sec. 33. - Mining Engineers Required in Mines - The following functions 
and responsibilities shall be discharged by respective mining engineer categories: 
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(a) Professional Mining Engineers- Senior mine management functions in 
mining subjects, senior 
mines; consultants; professors of major 
government officials. 
(b) Mining Engineers- Junior mine management functions in mines, 
senior management functions in small scale mines, lecturers, assistant 
professors of professional major mining subjects, junior government 
personnel. 
Provided, That the definition and scope of senior and junior management 
positions shall be stipulated in the Implementing Rules and Regulations (IRR) of 
this Act consistent with the minimum personnel complement as provided under 
RA 7942, otherwise known as the New Mining Act, and its IRR. 
Article IV 
PRACTICE OF MINING ENGINEERING 
Sec. 34. - Prohibition from Practicing Mining Engineering. - No person 
shall practice or offer to practice mining engineering in the Philippines without 
having been previously registered as a, Professional Mining Engineer, Mining 
Engineer or Certified Mine Foreman under the provisions of this Act or granted a 
temporary /special permit. 
Sec. 35. - Who May Practice Mining Engineering - Except as may be 
otherwise provided in this Act, only persons properly licensed and registered 
may practice mining engineering in the country. No firm, partnership, 
corporation or association may be licensed and registered as such for the practice 
of mining engineering. Duly licensed professional mining engineers and/, or 
mining engineers may form partnerships among themselves and use the title 
”Mining Engineers” or “Professional Mining Engineers”, or ”Engineers” in their 
partnership name. 
Sec. 36. - Vested Rights- 
All practicing mining engineers who are 
registered as mining engineers at the time this Act takes effect, shall 
automatically be registered under this Act as Mining Engineers. 
Sec. 37. - Roster of Engineers and Foremen.- A roster showing the names, 
registration numbers and dates of issue and expiry, current addresses, place of 
business of all Professional Mining Engineers, Mining Engineers and Certified 
Mine Foremen, shall be prepared and kept by the Commission which shall be 
made available to interested parties upon formal written request. 
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Sec. 38. Foreign Reciprocity.- No foreign mining engineer shall be granted 
any of the rights and privileges under this Act unless the country of which 
he/she is a subject or citizen grants the same or similar rights or privileges to 
Filipino mining engineers. 
Sec. 39. Indication of Certificate of Registration and Professional Tax 
Receipt.- A Professional Mining Engineer, a Mining Engineer or a Certified Mine 
Foreman shall be required to indicate his/ her Certificate of Registration number, 
the duration of validity, including the professional tax receipt number and APO 
Membership Fee Receipt number on the documents he/she signs, uses or issues 
in connection with the practice of his/her profession. 
Sec. 40. Posting of Cevtqicates. - The owner, manager or other person in 
charge of any inine or quarry operation of a firm, co-partnership, company, 
corporation, or joint stock association, shall post or cause to be posted in a 
conspicuous place within the premises of such mines, the certificate of 
registration of professional mining engineers, mining engineers and mine 
foremen employed therein. 
Sec. 41. Integration of the Mining Engineering Profession.- The mining 
engineering profession shall be integrated into one (1) national professional 
organization composed of professional mining engineers, mining engineers and 
certified mine foremen and shall be duly registered with the Securities and 
Exchange Commission (SEC). The Board, subject to approval by the Commission 
shall accredit the said organization as the one and only integrated and accredited 
professional organization (APO) of professional mining engineers, mining 
engineers and certified mine foremen. A11 professional mining engineers, mining 
engineers and certified mine foremen whose names appear in the Registry Book 
of these professionals shall ipso facto or automatically become meqbers thereof 
and shall receive all the benefits and privileges appurtenant thereto upon 
payment of APO membership fees and dues. 
Membership in the integrated accredited professional organization shall 
not be a bar to membership in other mining engineering organizations. 
ARTICLE V 
PENAL AND GENERAL PROVISIONS 
Sec. 42. Penal Clause. - The following shall, upon conviction, be punished 
by a fine of not less than Ten Thousand Pesos (Pl0,OOO.OO) but not more than One 
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Million Pesos (Pl,OOO,OOO.OO) or imprisonment of not less than one (1) month but 
not more than five (5) years at the discretion of the court: 
Any person who shall practice mining engineering in the Philippines, 
as defined in this Act, without a valid certificate of registration and 
valid professional identification card, or temporary/ special permit 
in accordance with the provisions of this Act, unless declared exempt 
from registration. 
Any person presenting or using as his/her own the certificate of 
registration 
and/ or 
professional 
identification 
card 
or 
temporary/special permit of another. 
Any person who shall give any false or forged evidence. 
Any person who shall impersonate any registrant of like or different 
name. 
Any person who shall use a revoked or suspended certificate of 
registration, and/or a valid professional identification card, or a 
valid temporary/special 
permit, 
or an expired/non-current 
Professional 
identification 
card, 
or 
an 
expired 
cancelled 
temporary/special permit. 
Any person who shall assume, use, or advertise any title or 
description tending to convey the impression that he/she is a mining 
engineer without having graduated as such, or is engaged in the 
mining engineering practice, without holding a valid certificate of 
registration and a valid professional identification card, or a valid 
temporary/ special permit from the Board. 
Sec. 43. - Act Not Affecting Other Professions.-This Act shall not affect or 
prevent the practice of any other legally recognized profession. 
Sec. 44. Enforcement of the Act by the Officers of the Law.- The Board 
shall be assisted by the Commission in carrying out the provisions of this Act 
and its implementing rules and regulations and other policies. The lawyers of the 
Commission shall act as the prosecutors against illegal practitioners and other 
violations of this Act and its rules. The duly constituted authorities of 
government shall likewise assist the Board and the Commission in enforcing the 
provisions of this Act and its rules. 
Sec. 45. Implementing Rules and Regulations.- Subject to the approval of 
the Commission, the Board in consultation with the APO shall adopt and 
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promulgate such implementing rules and regulations and the Code of Ethics and 
Code of Professional and Technical Standards of Mining Engineers to carry out 
the provisions of this Act. 
Sec. 46. Funding Provision.- The Chairperson of the Professional 
Regulation Commission shall immediately include in the Commission’s 
programs the implementation of this Act, the funding of which shall be included 
in the Annual General Appropriations Act. 
Sec. 47. Transitory Provisions.- (a) Faculty Members currently teaching 
major mining engineering subjects in universities, colleges, institutes, or schools 
shall not be allowed to continue teaching after five (5) years from the approval of 
this Act, unless they are or they have become Mining Engineers with a Master’s 
degree in Mining Engineering or its equivalent from duly recognized and 
accredited universities, colleges, institutes or schools and have at least five years 
of practical experience in an open pit and/or underground mine. 
(b) The incumbent Chairperson and Members of the Board shall 
automatically be issued Certificates of 
Registration and Professional 
Identification Card as Professional Mining Engineers. They shall continue to 
function in the Board until such time as a new Board shall have been constituted 
under this Act. 
Sec. 48. Separability Clause.- If any section or portion of this Act shall be 
declared unconstitutional or invalid, such shall not invalidate any other section 
of this Act. 
Sec. 49. Repealing Clause.- R.A. NO. 4274, as amended, is hereby 
repealed. All other laws, parts of law, orders, ordinances, or regulations relative 
to the practice of mining engineering which are inconsistent with the provisions 
of this Act are hereby repealed or modified accordingly. 
Sec. 50. Effectivity.- This Act shall take effect fifteen (15) days after its 
publication in the Ofjicial Gazette or in a newspaper of general circulation. 
Approved. 
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