House Bill 8625 Che Law Nogralesj PDF
House Bill 8625 Che Law Nogralesj PDF
House Bill 8625 Che Law Nogralesj PDF
"-ttov z 1 2010
HOUSE OF REPRESENTATIVES
Quezon City
DATE:#
SEVENTEENTH CONGRESS
Third Regular Session
86?5
HOUSE BILL NO.
EXPLANATORY NOTE
the full implementation of the law in the interest of national development, public safety
and environmental sustainability.
It is therefore respectfully requested that the "Comprehensive Chemical
Engineering Law" be passed to repeal the Chemical Engineering Law of 2004
(RA e2e7).
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,=*,"rf JoNAS B. Nor
-,1
Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
SEVENTEENTI.I CONGRESS
Thjrd Regular Session
AN ACT
AMENDING AND REPEALING REPUtsLIC ACT NUMBERED NINE THOUSAND
TWO HUNDRED NINETY.SEVEN (R.A. NO. 9297}, OTHERWISE KNOWN AS
O'THE
CHEMICAL ENGINEERING ACT OF 2OO4'
ARTICLE I
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A. Professional Ghemical Engineers must have the following credentials in
order to engage in professional practice:
1. Bachelor of Science in Ghemical Engineering Diploma from a
CHED-Registered Higher Educational lnstitution.
2. Passed the Chemical Engineering Licensure Examination
administered by the Board of Chemical Engineering of the Professional
Regulation Commission and issued the Professional License
ldentification Card and Certificate of Registration.
3. Valid Professional License ldentification Card
4. Professional Tax Receipt
5. Official Dry Seal duly lssued in coordination with the Accredited
lntegrated Professional Organization
6. Accredited lntegrated Professional Organization of Chemical
Engineers Membership ldentification Card which can only be issued
to members of good standing and compliant to the minimum Continuing
Professional Development Units.
7. Of Good Moral Gharacter and a Law-abiding Gitizen of the
Philippines
B. Chemical Process and Engineering Technologists must have the following
credentials in order to engage in professional practice:
1. Bachelor of Science Chemical Engineering Technologist or
Bachelor of Science in Chemical Engineering from a CI-{ED
Compliant Higher Educational lnstitution.
2. Chemical Process and Engineering Technologist Licensure
Examination administered by the Board of Chemical Engineering cf the
Professional Regulation Commission and issued the Professional
License ldentification Card and Certificate of Registration.
3. Valid Professional License ldentification Card
4. Professional Tax Receipt
5. Accredited lntegrated Professional Organization of Chemical
Engineers Membership ldentification Gand which can only be issued
to members of good standing and compliant to the minimum Continuing
Professional Development Units.
6. Of Good Moral Character and a Law-abiding Citizen of the
Philippines
C. Manufacturing Process Technicians must have the following credentials in
order to engage in professional practice:
1. Chemical Technician Gertificate from an accredited and government-
recognized trade and vocational institution
2. Passed the Ghemical Engineering Technician Licensure
Examination administered by the Board of Chemical Engineering of the
Professional Regulation Commission and issued the Professional
License ldentification Card and Certificate of Registration.
3. Valid Professional License ldentification Gard
4. Professional Tax ReceiPt
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5. Accredited lntegrated Professional Organization of Ghemical
Engineers Membership ldentification Gard which can only be issued
to members of good standing and compliant to the minimum Continuing
Professional Development Units.
6. Of Good Moral Gharacter and a Law-abiding Citizen of the
Philippines
ARTICLE II
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7. Award Certificate of Recognition for advance studies and researches and
accomplishments in the chemical engineering profession that contribute to its
enrichment;
8. Oversee the conduct of the Continuing Professional Development programs for
Professional Chemical Engineers (PChE), Chemical Process and Engineering
Technolog ist (Ch EPET), and Man ufacturing Process Techn ician (ProTech) ;
L Conduct on-site inspection, submit an inspection report to the Commission and
monitor compliance of industrial plants, facilities, institutions and other entities
engaged in the scope of practice of Chemical Engineering and shall seek the
assistance of the Accredited lntegrated Professional Organization in order to
carry out these functions;
l0.lnquire into the'conditions affecting the practice of the Professional Chemical
Engineer, chemical Process and Engineering Technologist (chEPET), and
Manufacturing Process Technician (ProTech) 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 profession in order to determine and enforce
compliance with the provisions of this Act;
11. lssue Certificates of Compliance to Industrial Plants, facilities and institutions
engaged in the scope of practice of Chemical Engineering pursuant to the
provisions of this Act;
12.1n 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 and submit a monitoring report
to the Commission;
13.Adopt a Code of Ethics and a Code of Technical Standards for the practice of
chemical engineering;
14.lnvestigate, 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 Technicalstandards
for chemical engineers, administrative polices, orders and issuances
promulgated by the Board;
15.lssue subpoena ad testificandum and subpoena duces tecum to secure the
attendance of witnesses orthe production of documents in connection with any
administrative case before the Board;
16.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, othenryise such decisions shall become final and
executory;
lT.Administer oaths in connection with the performance of its functions;
l8.Adopt an official seal and prescribe the seal of the chemical engineering
profession;
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19.Submit an annual report on the proceedings and accomplishments during the
year and/or recommendations of the Board to the Gommission thirty (30) days
after the close of each calendar year;
20. Prosecute or institute criminal action against any violator of this Act and/or rules
and regulations of the Board;
21. Prescribe guidelines and criteria on the Continuing Professional Development
(CPD) program for chemical engineers in consultation with the integrated and
accredited chemical engineering organizations;
22.Adopt the implementing rules and regulations of this Act; and
23. Perform such other functions as may be necessary in order to implement the
provisions of this Act.
SECTION 8. Qualifications of the Board Chairman and Members. The Chairman and
Members of the Board must, at the time of the appointment shall be:
Section 9. Term of Office. - The Chairman and the Members of the Board shall have
a term of three (3) years only, with a maximum of one reappointment. No member of
the Board shall serve for more than two (2) regular terms. Vacancies shall be filled for
the unexpired term only. The Chairman and Members shallqualify by taking the proper
oath prior to assumption of office. The incumbent Chairman and Members shall be
allowed to serve for the rernainder of their term until a new composition of the Board
shall have been constituted.
Section 10. 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 compensation
of the Secretary.
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Section 1 1. Removal/Suspension of the Chairman and Members. The President upon
recommendation of the Commission may remove any member of the Board on the
following grounds: conflict of interest, neglect of duty, incompetence, commission or
tolerance of irregularities in the licensure examination, malpractice or unprofessional
or unethical conduct, violation of this Act orthe Code of Ethics for Chemical Engineers,
finaljudgment of crimes involving moraf turpitude, after due notice and hearing where
his right to be heard, to defend himself and to be assisted by counsel shall be
respected.
Section 12. Compensation of the tsoard. - 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.
Section 13. 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. The accredited integrated
professional organization may request for a copy of the annual report.
ARTICLE III
LICENSURE EXAMINATION, REGISTRATION AND EXEMPTION
Section 14. Examination Requirement. - All applicants for registration for the practice
of chemical engineering shall be required to pass the licensure examination prescribed
herein.
Section 16. Scope of Examination. - The licensure examination shall cover, but shall
not be limited to, the following subjects:
(a) Professi6nal Chemical Engiheer. -
Physical and Chemical Principles;
General Engineering; and Chemical Engineering: Provided, That the
relative weight of Chemical Engineering is not less than forty per centum
@Ao/o).
(b) Chemical Process and Engineering Technologist. - Physical and Chennical
Principles; General Engineering; and Chemical Engineering (excluding heat
and mass transfer, momentum transfer, chemical reaction engineering,
plant and equipment design, biochemical engineering): Provided, That the
relative weight of Chemical Engineering is not less than forty per centum
$Ao/o).
(c) Manufacturing Process Technician. - Analytical and Organic Chemistry;
General Engineering; and' Chemical Engineering (excluding
thermodynamics, transport phenomena, chemical reaction engineering,
biochemical engineering): Provided, That the relative weight of Chemical
Engineering is not less than forty per centum (40olo).
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Section 17. Qualifications for Professional Chemical Engineer Examinations. - Any
person applying for admission must have the following qualifications:
Section 20. Examination Fees. - Every applicant admitted to take the chemical
engineering examination shall pay such fees as may be prescribed by it before he or
she is allowed to take the examination.
Section 21 . 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.
Section 22. Exemption from Licensure Examination. -All applicants who have
graduated from lnternationally Accredited B.S. Ch.E. and Technology programs are
entitled to apply for exemption from licensure examination, provided that all
requirements are met according to the provisions of this Act.
Section 25. Seal oi Professional Chemical Engineer. - Each chemical engineer shall,
upon registration, obtain a seal as prescribed by the Board bearing the professional's
name, registration number and the legend "Professional Chemical Engineer." Plans,
specifications, designs, reports and other professional documents prepared by or
executed under the supervision of and issued by the professional shall be stamped on
every sheet with said seal, indicating therein his/her current Professional Tax Receipt
(PTR) number, date/place of payment and current membership number in the
Accredited lntegrated Professional Organization, when filed with the Government
authorities or when submitted or used professionally.
Section 26. Fees for Registration. - Every person issued a Certificate of Registration
as a professional chemical engineer shall pay to the Commission such fees as the
Commission may prescribe.
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Section 27. Exemptions from Registration and lssuance of Special Permit to Practice.
- Registration shall not be required of the following persons upon proper application
for exemption with the Board:
(a) 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) Chemical engineers; who have distinguished themselves in their respective fields
of specification, 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.
(c) Chemical engineers; who have distinguished themselves in their respective fields
of specification, contracted as consultants, technology providers or specialists on
chemical engineering processes by Philippine industrial firms on a direct hire bisis,
subject to'verification of credentials by the Board.
Section 28. Suspension or Revocation of Certificate of Registration and Cancellation
of Special Permit to Practice. - Any of the following shall be sufficient ground for the
suspension or revocation of a Certificate of Registration and cancellation of Special
Permit to Pnactice:
(a) Any act of incompetence, negligence, or illegal practice of chemical
engineering resulting to damages to property and environment, injury or loss of
lives;
(c) Gross immorality or commission of any act involving moral turpitude; and
(d) Violation of this Act, the rules and regulations, other policies of the Board
and the Code of Ethics.
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ARTICLE IV
PRACTICE OF CHEMICAL ENGINEERING
Section 30. Vested Rights, Automatic Registration of Chemical Engineers. - All
chemical engineers who are registered at the time this Act takes effect shall
automatically be recognized as Professional chemical Engineers.
Section 31. Who May Practice Chemical Engineering. - Except as may be provided in
this Act, only professional chemical engineers 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
engineers may form partnerships among themselves or with other licensed and
registered engineers and architects and use the title "Chemical Engineers," "Engineers
and Architects" in their partnership name.
Section 32. Prohibitions in the Practice of Chemical Engineering. - No person shall
practice chemical engineering or render chemical engineering service, without a valid
certificate of registration, a valid professional identification card or a special permit to
practice. 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 and/or valid professional identification card 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 professional chemical engineer;
(c) Attempt to use a revoked or suspended certificate of registration or an expired
professional license;
(d) Sign a document involving design, plan, technical specification and the like on
behalf of a professional chemical engineer; or
(e) Furnish the Board or Commission any false information or docurnent in order to
secure a Certificate of Registration or renewal of Professional ldentification Card.
Section 33. Roster of Chemical Engineers. - The Commission shall keep a roster of
all professional chemical engineers, chemical process and engineering technologists
and manufacturing process technicians, stating their names; registration numbers and
places of business. The Commission shall regularly update such roster and make it
available to all interested parties upon formalwritten request free of charge.
Section 37, 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 privileges to Filipino chemical engineers.
Section 38. Act Not Affecting Other Professions. - This ,{ct shall not be construed to
affect or prevent the practice of any other lawfully recognized profession.
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ARTICLE V
Section 41. Certificate of Process Compliance. - The Board, after inspection, shall
issue a Certificate of Process Compliance valid for three (3) years to industrial plants,
private and government facilities and institutions engaged in the scope of practice of
Chemical Engineering in the Philippines, provide4 that such practice is carried out
only by professional chemical engineers holding valid Certificate of Registration and
Professional identification card issued by the Board. In addition. the industrial plants,
private and government facilities and institutions shall be in compliance with all related
regulatory requirements and Code of Technical Standards for the Practice of Chemical
Engineering. The management or administration of such industrial plants, private and
government facilities and institutions, shall be held liable for violations of this Act.
Section 42. Personnel Required in lndustrial Plant, Facility and lnstitution. -ln the
interest of public safety and environmental protection, professional chemical
engineers shall be designated to supervise and address workplace and process safety
requirernents in industrial plant operations. Regardless of the size of the industrial
plant, all process equipment and plant design shall be approved by a professional
chemical engineer.
All micro, srnall, medium and large scale industrial plants, facilities and institutions
engaged in manufacturing operations, which include laboratory facilities such as pilot,
in-process, process simulation, research and development, quality assurance, and
chemical engineering laboratories, shall have at least the following complement of
resident professional chemical engineers:
(a) Micro and Small-scale industrial plants: one (1) professionalchemicalengineer,
provided, that every plant in this category operating in more than one shift every
twenty four hours, shall have in addition to the minimum personnel herein
required, one (1) professional chemical engineer in-charge of each and every
additional shift.
(b) Medium-scple industrial plants; two (2') professional chemical engineer -
process and industrial waste, provided, that every plant in this category
operating in more than one shift every twenty four hours, shall have in addition
to the minimum personnel herein required, one (1) professional chemical
engineer in-charge of each and every additional shift.
(c) Large-scale industrial plants: five (5) professional chemical engineer to handle
unit operations, provided, that every plant in this category operating in more
than one shift every twenty-four (24\ hours shall have, in addition to the
minimum personnel herein required at least hryo (2) professional chemical
engineer in-charge of each and every additional shift.
(d) Academic and research institutions: Only professional chemical engineers shall
handle professional chemical engineering courses. Research related chemical
engineering processes shall be under the supervision of professional chemical
Support staff for chemical engineering laboratories shall be at least
"ngin""rr.
a Chemicat Process and Engineering Technologist.
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(e) Design and consultancy firms: Only professional chemical engineers shall
prepare process equipment and plant design specifications for industrial plants,
facilities and institutions.
Section 43. Process Compliance -lndustrial process shall be reviewed, certified,
signed and sealed by a Professional Chemical Engineer.
Section 47. Securing Certificate of Process Compliance. There shall be a five (5) year
grace period for industrial plants, facilities and institutions to apply and secure
Certificate of Process Compliance.
ARTICLE VII
GENERAL PROVISIONS
Section 48. Code of Ethics and Code of Technical Standards for the Practice of
Chemical Engineering. - The Board shall adopt a Code of Ethics and the Code of
Technical Standards of Practice for Chemical Engineers, which shall be promulgated
by the Accredited lntegrated Professional Organization'
Section 49. Penal Clause for the Practice of Chemical Engineering. - 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 One hundred thousand pesos
(p100,000.00) nor more than One million pesos (P1,000,000.00) or imprisonment for
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a period of not less than six (6) months nor more than five (5) years or both at the
discretion of the court. This includes any person who:
(a) Practices chemical engineering or render chemical engineering services, or passes
himself/herself off or advertises himself/herself as a chemical engineer without a valid
certificate of registration and/or valid professional identification card or when such has
been suspended or revoked;
(b) Attempts to use as his/her own, the certificate or seal of another person, or
impersonates any professional chemical engineer;
(c) Attempts to use a revoked or suspended certificate of registration or an expired
professional license;
(d) Signs a document involving design, plan, technical specification and the like on
behalf of a professional chemical engineer; or
(e) Furnishes the Board or Commission any false information or document in order to
secure a Certificate of Registration or renewal of Professional ldentification Card.
Section 50. Penal Clause for lndustrial Plants, Facilities and lnstitutions. - Any
industrial plant, facility and institution 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 Three hundred thousand pesos (P300,000.00) nor more than Three
million pesos (P3,000,000.00) or imprisonment for a period of not less than six (6)
months nor more than one (1) year or both at the discretion of the court. The
management or administration of such industrial plants, private and government
facilities and institutions, shall be held liable for violations of this Act,
Section 51. 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 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 iq enforcing the provisjons of this Act and its rules.
Section 52. lmplementing Rules and Regulations. - Subject to the approval of the
Commission, the Board shall adopt and promulgate such rules and regulations
including Code of Ethics for Chemical Engineers and Code of Technical Standards for
the Practice of Chemical Engineering to carry out the provisions of this Act, which shall
be effective after sixty (60) days following their publication in the Official Gazette or in
a major newspaper of general circulation.
Section 53. Separability Clause. - lf any section of this Act shall be declared
unconstitutional or invalid, such shall not invalidate any other section of this Act.
Section 54. Repealing Clause. Republic Act No. 9297 is hereby repealed and all
-
other laws, decrees, orders, rules and regulations, ordinances, and other issuances or
parts thereof which are inconsistent with this Act are hereby superseded, repealed or
amended accordinglY.
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Section 55. 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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