Ra 8495 Clarifications
Ra 8495 Clarifications
Ra 8495 Clarifications
(PABA)
Condominium Management Association of the Philippines, Inc.
(CMAP)
Brief Position Paper on Republic Act No. 8495 (Philippine
Mechanical Engineering Act of 1998, the need for
implementing Rules and Regulations and possibility of
exempting buildings and/or condominium buildings and similar
entities from its coverage and other prayers:
BACKGROUND INFORMATION:
SECTION 36
OBSERVATIONS
From its effectivity to 2009, eleven years passed. They said
serious implementation of the law will be enforced. It was observed
that during the interim period partial compliance was made thru
certifications issued by the Local Government Officers. Except perhaps
for malls, shopping areas, manufacturing plants and big enterprises
compliance with the provisions of the act by owners of other entities
were not made. The law and its provisions were not complied of by
most apartment buildings, stand-alone buildings, for residences or for
offices or commercial or combinations; subdivisions, housing
complexes and more importantly condominiums.
THE ENFORCEMENT
1. We are seeking deferment of the act for at least one year until
furnished with the implementing rules and regulations and in the
interim (for those clearly embraced by the Acts provisions) be allowed
to avail of the services of a professional mechanical engineer or a
mechanical engineer or a certified plant mechanic thru retainership
agreement.
5. Reduce the requirement of the law since individual unit are titled
and building organization tend only the common area equipment of the
building.
RA 8495: Clarification on our hierarchy based on different
perspectives
What are some concerns on the law (RA8495) that should be clarified
by the PRC to harmonize its full implementation?
The above concern should be reflected and manifested at all times and of
course, this should be according to the law. This means that whoever parties
involved in the mechanical engineering examination particularly the PRC
should and must strictly focus as well as emphasize on the Professional
Engineering Examination. In addition, I determinedly believe that whatever
focus and emphasis relevant to the examination would certainly make sense
in making the PSME and the rest of the professional engineering industry
more aware of the examination law and the valuable success of its
implementation.
Now, in order for me to clarify some of the concerns as based on RA 8495
or simply the Mechanical Engineering Law through an ‘Act of Regulating The
Practice of Mechanical Engineering in the Philippines’, please allow me to
elaborate precisely and evidently some of the provisions according to the law
that are associated with the Professional Engineering Examination.
Competency is the keyword here and the focus of PSME should center to
competency in the profession with dignity and respect on the license at hand.
Please allow me to again elaborate some provisions that relate to the
importance of competence in the practice of ME profession from PMEs diverse
areas of specialization and expertise. Now, in order for PMEs to continue
practice their profession with competence they should not violate the law and
any of its provisions thereof including the Code of Ethical Standards for the
ME profession. For PMEs not to experience any revocation and suspension of
their certificate (refer to below provisions for clarification), they must compre-
hensively perform services only in areas of their competence as stated clearly
in the fundamental canon of the Code of Ethics.
Section 26. Revocation and Suspension of Certificate.
“The Board shall have the power, upon proper notice and hearing, to suspend
or revoke any certificate of registration of any registrant for any cause
specified in the preceding section, or for the use in whatever way of any
fraud or deceit in obtaining a certificate of registration, or for gross
negligence or incompetence or for unprofessional or dishonorable conduct
and for violation of the code of ethics for mechanical engineers and certified
plant mechanics: Provided, That the action of the Board shall be subject to
appeal to the Commission within fifteen (15) days from notice, whose
decision on the matter shall be final.”
“The Board shall have the power, upon due notice and hearing, to revoke or
suspend the license of mechanical engineers, or to cancel a
temporary/special permit for any cause specified in the preceding sections,
including but not limited to: the use or perpetuation of any fraud or deceit in
obtaining a certificate of registration, or for incompetence, negligence, or for
abatement of the illegal practice of mechanical engineering, violation of the
provisions of this Act, its implementing Rules and Regulations and/or
violations of Policies of the Board including the Code of Ethics for Mechanical
Engineering: Provide, however, That such action of the Board shall be subject
to appeal without prejudice to the right of the aggrieved party to apply with
the proper Regional Trial Court for appropriate relief.”
Section 33. Field of Action Authorized for Each Category: Prohibition. -It
shall be unlawful for any person, unless authorized under this Act: “(a) To be
in responsible charge of the preparation of plans, designs, investigations,
valuation, technical reports, specifications, project studies or estimates or to
be in performance of other professional mechanical engineering activities
unless he is a duly licensed Professional Mechanical Engineer.
(b) To teach professional subjects in mechanical engineering course unless
he is a duly licensed Professional Mechanical Engineer, or a Masters-degree
or Doctorate degree holder in mechanical engineering.
(c) To be in responsible charge of the construction, erection, installation,
alteration, or of the performance of a mechanical engineering service in
connection with the manufacture, sale, supply or distribution of any me-
chanical works, project or plant either for himself or for others, unless he is a
duly registered Professional Mechanical Engineer or Mechanical Engineer.
(f ) To operate, tend or maintain, or to be in charge of the operation, tend-
ing or maintenance of any mechanical equipment, machinery, process for any
mechanical works, projects or plants of over 2000 kw unless he is a duly
licensed Professional Mechanical Engineer.”
2. Lacking of competent PMEs to comply the law
Compliance to the law is very vital for PMEs to achieve long term compe-
tence. Compliance denotes following the law and live by that law with respect
and dignity to the profession at large and in return, we can decrease the
numbers of incompetent PMEs and also by not tolerating any act of
negligence be it in written or in verbal sanction
The first interview shall be made before the submission of the engineering
report and may deal on any field or practice in mechanical engineering,
including the mechanical engineering law and Code of Ethics.
The second interview will only deal on the engineering report submitted by
the applicant.
In both cases, the applicant shall be sent notices for interview.
Except in meritorious cases, non-appearance of applicant in the scheduled
interview shall mean failure.”
Nowadays, it is precisely clear that the rationale and objective of RA 8495 is
the promotion of the mechanical engineering profession and its elevation to
the level of competency and standard of professional practice. The PRC must
serve as a reinforcement agency of the Board of Mechanical Engineering; and
has the power to implement the provisions of the law and its adopted IRR.
Thus, upon becoming a PME as an outcome to the compliance of the above
guidelines and duly passed the testimonial in nature examination, the PME
will now have the authority to practice his/her profession accordingly and
only to areas of practice he/she is specialized to do so.
Lastly, the point here is to professionally and practically comply to each and
every provisions stated by the law, by its IRR and by its code of ethics like, the
justifiable process of giving and approving of board exam requirements
submitted by the applicant in addition to careful signing of professional seal like,
comprehensive review of technical papers and other required documents to
obtain one valid exam admission, and as a long term outcome, the receiving of
PME license in order to practice the coveted profession, be it in private or be it in
public establishments thereto.