Professional Documents
Culture Documents
R.A. 9297 New ChE Law
R.A. 9297 New ChE Law
2685
H. No. 46
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Metro Manila
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Twelfth Congress
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2004.
SECTION 1. Title. This act shall be known as the Chemical Engineering Law of
SEC. 2. Statement of Policy. It is hereby declared the policy of the State to supervise
and regulate the practice of chemical engineering vital to national development, upgrade
chemical engineering education in order to ensure that our chemical engineers are at par with the
best in the world, and to reserve the practice of such profession to Filipino citizens.
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8) Supervision of installation;
9) Operation, including quality management; but excluding chemical analysis and
operation of the chemical laboratory; and
10) Research and development
The teaching, lecturing and reviewing of a professional chemical engineering subject in
the curriculum of the Bachelor of Science in Chemical Engineering degree or a subject in the
Chemical Engineering licensure examination given in any school, college, university or any other
educational institution shall also be considered a professional chemical engineering service.
ARTICLE II.
CREATION OF THE PROFESSIONAL REGULATORY BOARD FOR CHEMICAL
ENGINEERS
SEC. 5. Composition of the Board. There shall be created a Board of Chemical
Engineering, hereinafter referred to as the Board, under the administrative control and
supervision of the Professional Regulation Commission hereinafter called Commission,
composed of a Chairman 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
integrated and accredited national organization of chemical engineers.
SEC. 6. Powers and Duties of the Board The Board shall have the following powers
and duties:
a) Supervise and regulate the practice of the chemical engineering profession;
b) Determine and evaluate the qualifications of the applicants for registration;
c) Prescribe the subjects in the licensure examination; determine the syllabi of the
subjects and their relative weighs; construct the test questions in the examination; 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 Card to applicants who have passed the licensure examinations for registered
chemical engineers;
e) Issue special permits to persons admitted to the practice of the profession and
Certificate of Recognition for advance studies and researches and accomplishments in the
profession that contribute to its enrichment;
f) Inquire into the conditions affecting the practice of the profession and adopt measures
for the enhancement and maintenance of a high professional, ethical and technical standard.
Pursuant thereto, the Board may inspect establishments where chemical engineers practice their
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profession, such as factories, plants, offices and the like in order to determine and enforce
compliance with the provisions of this Act and issue Certificates of Compliance;
g) In coordination with the Commission on Higher Education (CHED), inspect the
facilities, faculty, equipment and other aspects directly related to the chemical engineering
program of educational institutions;
h) Adopt rules and regulations for the practice of chemical engineering;
i) Adopt a Code of Ethics and a Code of Technical Standards for the practice of chemical
engineering;
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 Technical Standards for chemical engineers, administrative polices,
orders and issuances promulgated by the Board;
k) Issue subpoena and subpoena duces tecum to secure the attendance of witnesses or the
production of documents in connection with any administrative case before the Board;
l) Hear and decide administrative cases filed against chemical engineers and firms
employing chemical engineers. The hearing shall be presided by the Chairman or a Member of
the Board with the assistance of an Attorney of the Commission. Any decision shall be concurred
in by at least a majority of the Board. Decisions of the Board may be appealed to the
Commission within fifteen (15) days from notice, otherwise such decisions shall become final
and executory;
m) Administer oaths in connection with the performance of its functions;
n) Adopt an official seal and prescribe the seal of the chemical engineering profession;
o) Submit an annual report on the proceedings and accomplishments during the year
and/or recommendations of the Board to the Commission thirty (30) days after the close of each
calendar year;
p) Prosecute or institute criminal action against any violator of this Act and/or rules and
regulations of the Board;
q) Prescribe guidelines and criteria on the Continuing Professional Education (CPE)
program for chemical engineers in consultation with the integrated and accredited chemical
engineering organizations; and
r) Perform such other functions as may be necessary in order to implement the provisions
of this Act.
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SEC. 7. Qualifications of the Board Chairman and Members. The Chairman and
Members of the Board must, at the time of the appointment shall be:
a) A natural-born Filipino citizen and resident of the Philippines;
b) At least a holder of a bachelor`s degree in chemical engineering or its equivalent, as
conferred by an engineering school of good standing, recognized and accredited by the
Government;
years;
c) A registered chemical engineer who has been in active practice for at least ten (10)
d) A member of good standing of the integrated and duly accredited national chemical
engineering profession; and
e) 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 admission
to the practice of chemical engineering or where review classes in preparation for the licensure
examination are being offered or conducted; nor shall he be a member of the faculty or of the
administration thereof at the time of his appointment to the Board.
SEC. 8. Term of Office. The Chairman and the Members of the Board shall have a
term of three (3) years only, with reappointment. Vacancies shall be filled for the unexpired term
only. The Chairman and Members shall qualify by taking the proper oath prior to assumption of
office. The incumbent Chairman and Members shall be allowed to serve for the remainder of
their term until a new composition of the Board shall have been constituted.
SEC. 9. Secretary of the Board. The Board shall have a Secretary, appointed by the
Commission, who shall record the minutes of its meetings and perform such other functions as
the Board may require. The Commission shall provide for a compensation of the Secretary.
SEC. 10. Removal/Suspension of the Chairman and Members. The Chairman or any
Member of the Board may be suspended or removed by the Commission for neglect of duty,
incompetence, commission or tolerance of irregularities in the licensure examination, malpractice
or unprofessional or unethical conduct, after due notice and hearing where his right to be heard,
to defend himself and to be assisted by counsel shall be respected.
SEC. 11. Compensation of the Board. The Chairman and Members of the Board shall
receive such compensation or honorarium as may be prescribed by the rules and regulations of
the Commission.
SEC. 12. Annual Report. The Secretary shall prepare an annual report for the
consideration and approval of the Board. The Board shall submit an annual report to the
Commission after the close of each fiscal year giving a detailed account of the proceedings of the
Board during the year and embodying such recommendations to the Commission as the Board
may desire to make.
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ARTICLE III
LICENSURE EXAMINATION AND REGISTRATION
SEC. 13. Examination Requirement. All applicants for registration for the practice of
chemical engineering shall be required to pass the licensure examination prescribed herein.
SEC. 14. Holding of Examination. Examination of candidates desiring to practice the
chemical engineering shall be given twice each calendar year on the dates and venues prescribed
by the Commission. Such examination shall be conducted by the Board.
SEC. 15. Scope of Examination. The licensure examination shall cover, but shall not
be limited to, the following subjects: Physical and Chemical Principles; General Engineering;
and Chemical Engineering: Provided, that the relative weight of Chemical Engineering is not less
than forty per centum (40%).
SEC. 16. Qualifications for Examinations. Any person applying for admission to the
chemical engineering examination must have the following qualifications:
a) That he/she is a citizen of the Philippines;
b) That he/she is of good moral character;
c) That he/she is a graduate of a school, institute, college or university recognized by the
Government and has been conferred the degree of Bachelor of Science in Chemical Engineering
or its equivalent; and
d) That he/she has not been convicted of an offense involving moral turpitude by a court
of competent jurisdiction.
SEC. 17. Examination Fees. Every applicant admitted to take the chemical engineering
shall pay such fees as may be prescribed by it before he or she is allowed to take the
examination.
SEC. 18. Report of Rating. The Board shall complete the correction of examination
papers within twenty (20) days from the last day of the examination. 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. 19. Issuance of Certificate of Registration and Professional Identification Card.
The Commission, on recommendation of the Board, enter in the Roster of Chemical Engineers,
and issue a Certificate of Registration and Professional Identification Card to each person who
obtained a general average of no less than seventy per centum (70%) and a rating of no less than
fifty per centum (50%) in any examination subject. Every Certificate of Registration shall state
the full name of the registrant and his registration number, and shall be signed by the Chairman
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and Members of the Board and the Commissioner of the Commission and authenticated by the
official seal of the Commission indicating that the person named therein is entitled to the practice
of the profession with all the privileges appurtenant thereto. The said certificate of registration
shall remain in full force and effect until suspended or revoked in accordance with this Act.
A professional identification card bearing the signature number, date of issuance, expiry
date, duly signed by the Chairman of the Commission shall likewise be issued to every registrant
who has paid the prescribed fee.
SEC. 20. Seal of Registered Chemical Engineer. Each chemical engineer shall, upon
registration, obtain a seal as prescribed by the Board bearing the registrants name, registration
number and the legend Registered Chemical Engineer. Plans, specifications, reports and other
professional documents prepared by or executed under the supervision of and issued by the
registrant shall be stamped on every sheet with said seal when filed with Government authorities
or when submitted or used professionally.
SEC. 21. Fees for Registration. Every person issued a Certificate of Registration as a
registered chemical engineer shall pay to the Commission such fees as the Commission may
prescribe.
SEC. 22. Exemptions from Registration. Registration shall not be required of the
following persons upon proper application for exemption with the Board:
a) Foreign chemical engineers, recognized as experts in their specific fields of chemical
engineering, called in by the Republic of the Philippines for consultation or for a specific design,
installation or project: Provided, That their practice shall be confined to such work; and
b) Foreign chemical engineers, who have distinguished themselves in their respective
fields of specialization, contracted as professors or lecturers on chemical engineering subjects by
Philippine schools, or colleges, institutes or universities on a direct hire or exchange basis,
subject to verification of credentials by the Board.
SEC. 23. Suspension or Revocation of Certificate of Registration and Certificate of
Compliance. Any of the following shall be sufficient ground for the suspension or revocation
of a Certificate of Registration.
a) Any act of misrepresentation in connection with an alleged performance of chemical
engineering devices;
b) Acts inimical to the chemical engineering profession; and
c) Gross immorality or commission of any act involving moral turpitude.
Certificates of Compliance may be suspended or revoked for non-compliance with the
provisions of this Act.
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ARTICLE IV.
PRACTICE OF CHEMICAL ENGINEERING
SEC. 25. Vested Rights. Automatic Registration of Chemical Engineers All chemical
engineers who are registered at the time this Act takes effect shall automatically be registered.
SEC. 26. Who may Practice Chemical Engineering Except as may be provided in this
Act, only persons properly licensed and registered may practice chemical engineering. No firm,
partnership, corporation or association may be licensed and registered as such for the practice of
chemical engineering, but duly licensed and registered chemical engineer may form partnerships
among themselves or with other licensed and registered engineers and architects and use the title
Chemical Engineers, Engineers, or Engineers and Architects in their partnership name.
SEC. 27. Prohibitions in the Practice of Chemical Engineering No person shall
practice chemical engineering or render chemical engineering service without a valid certificate
of registration and a valid professional identification card. Any person who shall commit the
following acts shall be guilty of misdemeanor:
a) Practice chemical engineering or render chemical engineering services, or pass
himself off or advertise himself as a chemical engineer without a valid certificate of registration
or when such has been suspended or revoked;
b) Attempt to use as his own the certificate or seal of another person or impersonate any
registered chemical engineer; or
c) Furnish the Board or Commission may false information or document in order to
secure a Certificate of Registration.
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SEC. 28. Roster of Chemical Engineers The Commission shall keep a roster of all duly
licensed and registered chemical engineers, stating their names, registration numbers and places
of business. The Commission shall regularly update such roster and make it available to all
interested parties.
SEC. 29. Submission of Designs and Specifications for Government Approval Any
proposal, design, specification, working drawings or plan for an industrial plant or any part
thereof submitted to any government agency, national or local, including government-owned or
controlled corporations, shall not be processed or approved, nor shall such plant be issued any
permit, license, franchise, authorization or certification, unless such proposal, design,
specification, working drawing or plan is signed by a registered chemical engineer, with seal and
registration number affixed thereto.
SEC. 30. Foreign Reciprocity. No foreign chemical engineer shall be granted any of
the right or privilege under this Act unless the country of which he is a subject or citizen grants
the same or similar rights or privilege to Filipino chemical engineers.
SEC. 31. Act not Affecting Other Professions. This Act shall not be construed to affect
or prevent the practice of any other lawfully recognized profession.
SEC. 32. Indication of License Number and Privilege Tax Receipt Payment The
chemical engineer shall be required to indicate his Certificate of Registration, Professional
Identification Card Number, date of issuance and the duration of validity, including the Privilege
Tax Receipt (PTR) of the documents he signs, uses or issues in connection with the practice of
his profession.
SEC. 33. Membership in the Integrated and Accredited Professional Organization
there shall be an integrated national organization of chemical engineers duly accredited by the
Board and the Commission. A chemical engineers duly registered with the Board shall
automatically become a member of the accredited organization, and shall receive the benefits
appurtenant thereto upon payment of the required fees and dues. Membership in the integrated
and accredited national organization shall not be a bar to membership in other associations of
chemical engineers.
ARTICLE V.
GENERAL PROVISIONS
SEC. 34. Penal Clause Any person who shall violate any of the provisions of this Act
shall be guilty of misdemeanor and shall, upon conviction, be sentenced to a fine of not less than
Ten thousand pesos (P10,000) nor more than One million pesos (P1,000,00.00) or imprisonment
for a period of not less than six (6) months nor more than five (5) years or both at the discretion
of the court.
SEC. 35. Enforcement Assistance to the Board The Board shall be assisted by the
Commission in carrying out the provisions of this Act and its implementing rules and regulations
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and other policies. The lawyers of the Commission shall act as prosecutors against illegal
practitioners and other violators of this Act and its rules. The duly constituted authorities of the
government shall likewise assist the Board and the Commission in enforcing the provisions of
this Act and its rules.
SEC. 36. Implementing Rules and Regulations Subject to the approval of the
Commission, the Board shall adopt and promulgate such rules and regulations including the
Code of Ethics and Code of Technical Standards for Chemical Engineers to carry out the
provisions of this Act, which shall be effective after thirty (30) days following their publication
in the Official Gazette or in a major newspaper of general circulation.
SEC. 37. Separability Clause. If any section of this Act shall be declared
unconstitutional or invalid, such shall not invalidate any other section of this Act.
SEC. 38. Repealing Clause. Republic Act No. 318 is hereby repealed and all other laws,
decrees, orders, rules and regulations, ordinances, other issuances or parts thereof which are
inconsistent with this Act are hereby superseded, repealed or amended accordingly.
SEC. 39. Effectivity. This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or in any major newspaper of general circulation.
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