republic act 9297 chemical enineering law (1)

8/12/2019 REPUBLIC ACT 9297 Chemical ENineering LAw (1)

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REPUBLIC ACT 9297CHEMICAL ENGINEERING LAW

ChE 502Engr. Lina D. dela Cruz

Chemical EngineeringDepartment

Technological Institute of thePhilippines


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ARTICLE 1TITLE: CHEMICAL ENGINEERING

LAW

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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b) Industrial plant shall mean any plant in which a unitprocess and/or operations are involved, including the

related pollution control and abatement processes oroperations

c) Unit process shall mean the chemical change whichis involved in the manufacture of industrial orconsumer products or the treatment of industrial orchemical wastes


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d) Unit operation shall mean the physical operation bywhich a desired step in an industrial process is

conducted or controlled. This includes, but is notlimited to; storage of gases, liquids, solids, heattransfer, evaporation; mass transfer, i.e. distillation,absorption, drying, humidification, extraction,leaching, mixing and dispersion, separation, i.e.,

filtration, screening, molecular sieving andcoalescing.


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e) Professional engineering subjects shall mean any of

the following and similar chemical engineering

topics: chemical engineering thermodynamics;

chemical engineering calculations; physical and

chemical principles; industrial processes; momentum

transfer; heat transfer; mass transfer; industrial

waste management and control; process equipmentand plant design; and biochemical engineering and

bio-engineering; and


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f) Chemical engineer shall mean a person duly

registered and holder of a valid Certificate ofRegistration and Professional Identification

Card issued by the Board of Chemical

Engineering and the Professional Regulation

Commission.


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Scope of Practice

Professional chemical engineering service shall

embrace the following similar services inrelation to industrial plants;

1) Consultation requiring chemical engineering

knowledge, skill and proficiency;

2) Investigation

3) Estimation and/or valuation


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4) Planning

5) Preparation of feasibility studies

6) Designing

7) Preparation of specifications

8) Supervision of installation

9) Operation including quality management; but

excluding chemical analysis and operation of thechemical laboratory; and

10) Research and Development


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The teaching, lecturing and reviewing of aprofessional chemical engineering subject inthe curriculum of the Bachelor of Science inChemical Engineering degree or a subject inthe Chemical Engineering licensureexamination given in any school,

professional chemical engineering service.


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ARTICLE ll

Creation Of The Professional Regulatory Board for ChemicalEngineers

* Composition of the BoardThere shall be created a Board ofChemical Engineering, hereinafter referred to as the Board,under the administrative control and supervision of theProfessional Regulation Commission hereinafter calledCommission, composed of a Chairman and two (2) members tobe appointed by the President of the Philippines from among

those recommended by the Commission from the nominees ofthe duly integrated and accredited national organization ofchemical engineers.


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C) Prescribe the subjects in the Licensure examinations;determine the syllabi of the subjects and their relativeweights; construct the test questions in the examination;score and relate the examination paper; and submit theexamination results to the commission;

d) Issue together with the Commission Certificates of Registrationand Professional Identification Card to applicants who havepassed the licensure examinations for registered chemical

engineers


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e) Issue special permits to persons admitted to

the practice of the profession and Certificateof Recognition for advance studies and

researches and accomplishments in the

Profession that contribute to its enrichment;


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f) Inquire into the conditions affecting the practice ofthe profession and adopt measures for the

enhancement and maintenance of a highprofessional, ethical and technical standard.Pursuant thereto, the Board may inspectestablishments where chemical engineers practicetheir profession, such as factories, plants, officesand the like in order to determine and enforce

compliance with the provisions of this Act and issueCertificate of Compliance


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j) Investigate, in accordance with the rules onadministrative investigation promulgated by the

Commission, violations of this Act and itsimplementing rules and regulations, the Code ofEthics and of the Code of Technical Standards forChemical Engineers, administrative policies, ordersand issuances promulgated by the Board.

k) Issue subpoena and subpoena decus tecum tosecure the attendance or the production ofdocuments in connection with any administrativecase before the Board;


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l) Hear and decide administrative cases filed againstchemical engineers and firms employing chemical

engineers. The hearing shall be presided by thechairman or member of the board with theassistance of an attorney of the Commission. Anydecision shall be concurred in by at least majority ofthe board. Decisions of the board may be appealed

to the Commission within fifteen (15) days fromnotice, otherwise such decision shall become finaland executory.


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m) Administer oaths in connection with theperformance of its functions.

n) Adopt an official seal and prescribe the seal of thechemical engineering profession

o) Submit an annual report on the proceedings andaccomplishments during the year and/or

recommendations of the Board to the Commissionthirty (30) days after the close of each calendaryear;


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p) Prosecute or institute criminal actionagainst any violator of this Act and/or rulesand regulations of the Board;

q) Prescribe guidelines and criteria on theContinuing Professional Education (CPE)program for chemical engineers inconsultation with the integrated andaccredited chemical engineeringorganizations; and


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r) Perform such other functions as may be

necessary in order to implement theprovision of this Act.


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Qualifications of the Board Chairman an Members-theChairman and Members of the Board, at the time

of the appointment shall be:a) Naturalborn Filipino citizen and resident of the

Philippines

b) At least a holder of a bachelors degree in chemicalengineering or its equivalent, as conferred by an

engineering school of good standing, recognizedand accredited by the government;


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c) A registered chemical engineer who has

been in active practice for at least ten (10)years;

d) A member of good standing of the

integrated and duly accredited national

chemical engineering professions; and


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e) A person who doe not have any pecuniary interest,

directly or indirectly in any university, college, school

or institution conferring an academic degreenecessary for the 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 ofthe faculty or of the administration thereof at the time

of his appointment to the Board


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Term of Office-the Chairman and the Members of the

Board shall have term of office (3) years only, with

reappointment. Vacancies shall be filled for theunexpired term only. The Chairman and Members

shall qualify by taking proper oath prior to

assumption of office. The incumbent Chairman and

Members shall be allowed to serve for the remainderof their term until a new composition of the Board

shall be constituted.


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Secretary of the BoardThe 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.


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Removal/Suspension of the Chairman and Membersthe Chairman or any member of the Board maybe

suspended or removed by the Commission forneglect of duty, incompetence, commission ortolerance of irregularities in the licensureexamination, practice or unprofessional or unethicalconduct, after due notice and hearing where his

rights to be heard, to defend himself and to beassisted by counsel shall be respected.


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Compensation of the Boardthe Chairman

and members of the Board shall receive such

compensation or honorarium as maybe

prescribed by the rules and regulations of

the Commission


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Annual Reportthe Secretary shall prepare anannual report for the consideration and

approval of the Board. The Board shallsubmit an annual report to the Commissionafter the close of each fiscal year giving adetailed account of the proceedings of the

Board during the year and embodying suchrecommendations to the Commission as theBoard may desire to make;


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ARTICLE IIILICENSURE EXAMINATION AND

REGISTRATION

Examination and Requirement

All applicants for registration for thepractice of chemical engineering shall be

required to pass the licensure examination

prescribed herein.


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Holding of Examination

Examination of candidates desiring topractice the chemical engineering shall be

given twice each calendar year on the dates

and venues prescribed by the commission.

Such examiantion shall be conducted by theBoard.


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Scope of Examination

The licensure shall cover, but shall not belimited to, the following subjects: Physical

and Chemical Principles; General

Engineering; and Chemical Engineering;

Provided that the relative weight of ChemicalEngineering is not less than forty per centum

(40%).


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Qualifications for Examination

Any persons applying for admission to thechemical engineering examination must have

the following qualifications;


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a) That he/she is a citizen of the Philippines

b) That he/she is of good moral character;and

c) That he/she is a graduate of a school,

institute, college or university recognized by

the Government and has been conferred thedegree of Bachelor of Science in Chemical

Engineering or its equivalent; and


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d) That he/she convicted of an offense

involving moral turpitude by a court of

competent jurisdiction.


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Examination Fees

Every applicant admitted to take thechemical engineering shall pay such fees as

may be prescribed by it before he or she is

allowed to take examination.


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Report of Rating

The Board shall complete the correction ofexamination papers within (20) twenty daysfrom the last day of the examination. TheCommission shall report than rating ofexaminees not more than thirty (30) days

after the Board has completed correction ofexamination papers.


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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(70%) per centum and a rating of no less than fifty

(50%) per centum in any examination subject.


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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.


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Seal of Registered Chemical Engineer

Each Chemical engineer shall, upon registration, obtain aseal as prescribed by the Board bearing the registrants name,registration number and the legend Registered ChemicalEngineer. Plans, specifications, reports and other professionaldocuments prepared by or executed under the supervision ofand issued by the registrant shall be stamped on every sheetwith said seal when filed with Government authorities or when

submitted or used professionally.


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Fees For Registration

Every person issued a Certificate ofRegistration as a registered chemical

engineer shall pay to the Commission such

fees as the Commission may prescribe.


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Exemptions For Registration

Registration shall not be rquired of thefollowing persons upon proper application for

exemption with the Board;


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a) Foreign Chemical engineers, recognized

by 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


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b) Foreign chemical engineers, who have

distinguished themselves in their respective fields of

specialization, contracted as professors, or lecturerson 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.


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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.


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a) Any act of misinterpretation in connection with analleged performance of chemical engineering device;

b) Acts inimical to the chemical engineeringprofession; and

c) Gross immorality or commission of any actinvolving moral turpitude. Certificates of Compliancemay be suspended or revoked for non compliancewith the provisions of this Act.


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Complaints against registered chemical

engineers and firms employing chemical

engineers maybe filed by any person or by

the board motu propio;

Complaints shall be in writing and sworn to

by the persons executing them. Complaintsshall be filed with the Secretary of the Board.


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Reissuance of Revoked Certificate of Registration or Certificateof Compliance and Replacement of Lost Certificates

The Board may, for reasons it may deem sufficient and uponproper petition, reissue revoked Certificates of Registration orCertificates of Compliance. A new Certificate of Registration orCertificate of Compliance maybe issued to replace a lost,destroyed or mutilated Certificate, subject to the Rules andRegulations of the Board, and upon payment of the appropriate

fees to the Commission.


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ARTICLE IVPRACTICE OF CHEMICAL

ENGINEERING

Vested RightsAutomatic Registrations of

Chemical Engineers

All chemical engineers who are registered

at the time of this Act takes effect shall

automatically registered.


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Who May Practice Chemical Engineering

Except as may be provided in this Act, only persons properlylicensed and registered may practice Chemical Engineering.No firm, partnership, corporation or association maybe licensedand registered as such for practice of chemical engineering, butduly licensed and registered chemical engineers may formpartnership among themselves or with other licensed andregistered engineers and architects and use the title Chemical

Engineers, Engineers or Engineers and Architects in theirpartnership name.


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Prohibitions in the Practice of ChemicalEngineering

No person shall practice chemicalengineering or render chemical engineeringservice without a valid certificate ofregistration and a valid professional

identification card. Any person who shallcommit the following acts shall be guilty ofmisdemeanor.


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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.


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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 any false

information or document in order to secure a

Certificate of Registration.


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Roster Of Chemical Engineers

The Commission shall keep a roster ofduly licensed and registered Chemical

engineers, stating their names, registration

number and places of business. The

Commission shall regularly update suchroster and make available to interested

parties.


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Submission of Designs and Specifications for GovernmentApprovalAny proposal or design, working drawings or planfor an industrial plant or any part submitted to any government-

owned or controlled corporation, shall not be processed orapproved, nor such plant be issued any permit, license,franchise, authorization or certification unless such proposal,design, specification, working drawings or plan is signed by aregistered chemical engineer, with seal and registration numberaffixed thereto.


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Foreign Reciprocity

No foreign chemical engineer shall begranted any of the rights and privileges under

this Act unless the country of which he is a

subject or citizen grants the same or similar

rights or privileges to Filipino chemicalengineers.


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Act Not Affecting Other Professions

This Act shall not be construed to affect orprevent the practice of any other lawfully

recognized profession.


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Indication of License Number and Privileged TaxPayment

The chemical engineer shall be required toindicate his Certificate of Registration , ProfessionalIdentification Card Number, date of issuance and theduration of Validity, including the Privilege TaxReceipt (PTR) of the documents he signs, uses or

issues in connection with the practice of profession.


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Membership in the Integrated and Accredited ProfessionalOrganization

There shall be an integrated national organization of chemicalengineers duly accredited by the Board and the Commission. Achemical engineer duly registered with the Board shallautomatically become a member of the accredited organization,and shall receive the benefits appurtenant thereto uponpayment of the required fees and dues. Membership in theintegrated and accredited national organization shall not be abar to membership in other associations of the chemicalengineers.


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ARTICLE V

GENERAL PROVISIONS

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 lessthat Ten Thousand pesos (P10,000) nor more thanOne Million pesos (P1,000,000) or imprisonment fora period of not less than six (^) months nor more

than five (5) years or both at the discretion of thecourt..


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Enforcement Assistance to the Board

The Board shall be assisted by the Commission in

carrying out the provisions of this Act and inimplementing rules and regulations and otherpolicies. The lawyers of the Commission shall act asprosecutors against illegal practitioners and otherviolators of this Act and its rules. The duly

constituted authorities of the government shalllikewise assist the Board and the Commission inenforcing the provisions of this Act and its rules.


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Implementing Rules and Regulations

Subject to the approval of the Commission, the

Board shall adopt and promulgate such rules andregulations 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 theOfficial Gazette or in a major newspaper of general

circulation.


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Separability Clause

If any section of this Act shall be declaredunconstitutional or invalid, such shall not

invalidate any othe sections of this Act.


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Repealing Clause

The Republic Act No. 318 is herebyrepealed, and all other laws, decrees, orders

and regulations, ordinances, other issuances

or parts thereof which are inconsistent with

this Act are hereby superseded. Repealed oramended accordingly.


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Effectivity

This Act shall take effect fifteen (15) daysfollowing its publication in the Official Gazette

or any major newspaper of general

circulation.


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republic act 9297 chemical enineering law (1)

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