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,ou*o o. .* ffi f8illi*ur* ** *,, *oResolution No. 13

$eries of 2004

THE IMPLFMENTING RULrS AND REGULA?IONs (IRR) or REpUBLIC

ACT NO. g2g7, AN ACT REGULATING THE PNACTICE OF CHXMICAL

ENGII{E*R.ING AIYD R.EPEALING FOR THIS PURPOSE RTPUSTIC ACT

NUMBERED THREE HUNDRTD EIGHTEEN (R.A. No. 318)' OTHERWIST

KNOWN AS *T}IE C}IEMTCAL ENGIT{.EER.ING LAW"

Pursuant to section 6 (h) and {i), Article II and section 36, Article V of Republic

Act No. gZgZ, known' as "Thie Chemicat Engineering Law of 2OO4', thegoard of Cltemical Englneering with the approval af the Professlonal Regulation

Commission, hereby idopts and promulgates the following Rules and Regu/atlans

to cany out the provisions thereof'

Rule I

TrrLEf STATEMENT OF pOLICY, AND DEFINTTTOFI OF TERMS

Section t, Title - This Resolution shall be known a5 the

"IMpLEME}|TIH6RULESANDREGUIATI0HSofTFIECHTMICAL €FIGINTERING LAW OF 2904" hereinafter-cited as

th;r *IRR OF R" A. No. 9297".

$ection 2. $tatement of Folicy * The IRR of R. A' No" 9297 shall be

interpreted, construed, and carried out in the light of the Statement

of Policy of Republic Act No. 9297, which states as follows:

It is hereby declared the policy of the state to supervise and

regulate the practice of ehemical 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.

Section B. trefinitisn of Terms - Llnless otherwise provided, the following

terms shall be understood t0 mean:

a, Board - Board of Chemical Engineering as created by

R. A. No. 9297.

b. Saard Cltairman - Chairman, Board of Chenrical

f,ngineering.

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I Llpptru n$- .-*"'-*1*---"*-"t!fu ttj.,lp v,

9.

f.

h.

Certtfrcate of Recognition - a document issued by the Soardof Chemical Engineering in recognition for advance studiesand researches and accomplishments in chemicalengineering.

Commissian(PRC)"

Professional Regulation Comrnission

Comnnission ChairpersonRegulation Commission"

Chairperson, Professional

CHFD - Cornrnission on Higher Education,

Chemical engineer * a natural person who is a dulyregistered and who is a holder of a valid Certificate ofRegistration and Professional ldentification Card issued bythe Board of Chemical Engineering and the ProfessicnalR.egulation Commission

Chemical engineering practice - the rendering or offering ofprofessional chemical engineering service for a fee, salary,reward or compensation, paid to hirn or through anolherperson, or ev€n without such reward 0r compensation, Theterm shall be synonymous with the term "rendering chemicalengineering service."

' Continuing Professional Edr.:cation.

Industrlal plant - any plant in which a unit process andloroperaticn are involved, including the related pollution controland abatement processes or operations. This shall include all

Wpes of manufucture of industrial or consumer products andgoods, as well as industrial or chemical waste treatmentfacilities.

Integrated and ,4ccredited Prafessianal Organizatlan - theintegrated national organization of ehemicai engineers dulyaccredited by the Board and the Commission.

Professional chemical engineerlng subjects - any of thefollowinE and similar chemical engineering topics: chemicalengineering thermodynamics; chemical engineeringcalculations; physical and chemical princlples; industrialprocesse$; momentum trarrsfer; heat transfer; masstransfer; industrial waste management and control; process

equipment and plant design; and biochemical engineeringand bio-engineering.

R. A. No. B9B12000".

k"

m. "The PRC Modernization Act of

n. Special Permit - issued to practitioners who have secured aCertiflcate of Recognition and who have applied for permit topractice in their specialty field of endeavor in chemicalengineering. The special permit is not to be construed as agrant of a chemical engineering license but only as atemporary permit to do service in hislher specialty field ofendeavor.

Unit process - the chemical change which is involved inthe manufacture of industrial or consumer products or thetreatment of industrial or chemical wastes.

t/nit operation - the physical operation by which a desiredstep in an industrial process is conducted or controlled" Thisincludes, but is not limited to: storage of gases, liquids,solids, heat transfer, evaporation; mass transfer, i.e.distillation, absorption, adsorption, drying, hurnidification,extraction, leaching, rnixing and dispersion; separation, i.e.,filtration, screening, molecular sieving and coalescing.

Rule II

BOARN OF CHEMICAT EH€IIIIEERTNG

Creation of the Board of Chemical EngineeringR, A, No" 9297 rnandates the creation of the Board of Chemicalfingineering and empowers the Board to supervise and regulate thepractice of the chemical engineering prolession tn the Philippinesunder the administrative control and supervision of theCorrmission.

Composition of the Board - The Board of ChernicalFngineering shall be composed of a Chairman and two {Z)Members who shall be appointed by the President of the Philippinesfrorn among those recommended by the Conrmission from thenominees of the duly accredited and integrated national associationof Chemical Engineers in the Philippines.

Powers and Duties of the Board * The specific powers of theBoard are as defined in R.. A. No. 9297, In addition thereto, thepowers, functions and responsibilities of the various professionalregulatory boards as defined in R. A, No. 8981 shail apply.

(a) Supervise and regulate the practice of the chemical engineeringprofession;

{b) }etermine and evaluate the qualifications of the appticants forregistration;

{c) Prescribe the subjects in the licensure examination; determinethe syllabi of the subjects and their relative weights; "constructthe test qu*stions in the examination; score and rate theexamination papers; and submit the regults to the Commission;

o.

v"

Section 4,

Section 5.

Section 6.

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(d) issue together with the Commission, Certificates of R.egistrationand Professional ldentification Card to applicants who havepassed the licensure examinations for registered cherrricalengineers;

(e) Issue special permits to persons admitted ta the practice of theprofession and Certificate of Recognrition lor advance studiesand researches and accornplishments in the prafession thatcontribute to ils enrichment;

{f} lnquire into the conditions affecting the practice of theprofession and adopt measures for the enhaneement .andmaintenance of a high professional, ethical and teehnicalstandard. Pursuant thereto, the Board may inspectestablishrnents where chenrical engineers practice theirprofession, such as factories, plants, offices and the like inorder to deternrine and enforce conrpllance with the provisionsof R. A" No. 9297 and issue Certificates of Compliance;

{g) In coordination with the Commissicn on Higher fducation{Cl{*D), inspect the facilities, faculty, equipment and otheraspects directly related to chenrical engineering program of theeducational institutions;

(h) Adopt rules and regulations for the practice of the chemicalengineering;

{i) Adopt a Code of Ethics, and a Code of Technical Standards forthe practice of chemical engineering;

|j) Investigate, in accordance with the rules on administraliveinvestigation prcrnulgated by the Comrnlssion, violations ofR. A. No, 9?97 and this implernenting rules and regulations, theCode of Fthics and the Code of Technical Standards forchemical engineers, adrninistrative policies, orders andissuanees promulgated by the Board;

{k) Issue subpoena and subpoena duces tecum to secure theattendance of witnesses or the production of documents inconnection wtth any administrative case before the Board;

(l) l-lear and decide administrative cases fiied against chemicalengineers and firms employing ehemical engineers. Thehearing shall be prescribed by the Chajfman or a Member of theBoard with the assistance of an Altorney of the Commission.Any decision shall be concurred in"by at least a majority of theBoard. Decisions of the Board may be appealed to theCommission within fifteen (15) days from notice, otherwise suchdecisions shall become final and executory;

{m) Adrninister oaths in conneclion with the performance of itsfunctions;

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Section 7"

Seetion 8"

(n) Adopl an officlal seal and prescribe the seal of the chenricalengineering profession;

(o) Submit an annual repoft on the proceedings andaccomplishments during the year and/or recommendations ofthe Board to the Cornmission thifty {30) days after the close ofeach calendar year;

{p) Prosecute or institute criminal action against any violator ofR. A. No. 9797 andlor rules and regulations of the Board;

(q) Prescribe guidelines and criteria on the Continuing Professional[ducation (CPE) program for chemical engineers in consultationwith lhe integrated and accredited chemical engineeringorganizations; and

{t Perform such other functions as may be necessary in order toimplement the provisions of R. A. No. 9297,

Qualifications of Chairman and bler*ber* of the Soard -Nominees for appaintment as Chairman and Members of the Foardshall, at the time of their appointment, have the followingqualifications,

a" A natural born Filipino citizen and resident of the Philippines;

b. At least a holder of a bachelor's degree in chemicalengineering or its equivalent, as conferred by an engineeringschcol of good standing, reccgnized and accredited by theGovernrnent;

c. A registered chemical engineer who has been in actlvepractice for at least ten (10) years;

d, A member of good standing af the integrated and dulyaccredited national chemical engineering profession; and

e. A person who does not have any pecuniary interest, directlyor indirectly, in any university, college, school or institutionconferring an academic degree necessary for admission tothe practice of chemical engineering or where review classesin preparation for the licensure examination are beingoffered or conducted; nor shall he be a member of thefaculty or of the administration thereof at the time of hisappointment to the Board.

Term af Office - The Chairman and the Members of the Boardshall have a term of three (3) years only, with reappointment,Vacancies shall be fitled for the unexpired term only. The Chairmanand Members shall qualifu by taking the proper oath prior taassumplion of office. The incumbent Chairman and Members shallserve for the remainder of their term until a new cornposition of theBoard shall have been constituted.

$ection 9. Compensaticn of the Baard - The Chairman and Members ofthe Board shall receive such compensation or honorarium as maybe prescribed by the rules and regulaticns of the Commission andother pefiinent laws such as the General Appropriations Act.

Section 1S" Seal of the Board of Chemical Engineering * The OfficiaN Sealof the Board of Chemical Hngineering is presented as a circularemblem. The emblem symbolizes the sphere of practice in whichthe Prcfession is involved in and of the field it evolves around. Thisemblem embodies - within its blue colored border that fo,llows thecircular form - the officiat title of the "Board of ChemicalEngineering" in appropriately bcld text. At the base of the emblemare the words "Professional Regulation Commission" pres€nted in a

ribbon form. This elemenl is so positioned to represent thepaltnership role that the Comrnission has with the Board, while atthe same tirne signif,ying honor, integrity and profes$ionalism.

The central form of the emblem presents a montage of synrbolsrepresenting the different facets of the Profession:

- An image of an industrial plant to signlficantly highlfght the

professton's focus on a// unit processes and unit operatlan

tra n s fo rm a ti a n s i n a I / m a n u fa ct u rl n g e ndea vo rs

- A gear to assaciate the professlan with technalogy and the

'firT, ,, sisnifli the baslc unit of science;

- A labaratary decanter and flask to associate it with

chem lcal research, experinenbttan and industria I

':XX:, aoo be viewed as an "open bosk'to

identify the profession with knaw/edge and wlth the needt- , , ^ --Lt-, , ,t-- ^ -

j. z- .. -|- -

rr:x::::: education for chemical ensineertns

At the base of the blue colored circu{ar border is the word"Fhilippines" to clearly indicate that the chemical engineerinEprofession is practiced in the country and stands for the goad and

, welfare of this nation and its people.

Sestisn 11. Administrative Control and $apervision - The powers,functions and responsibilities of the Cornmission relative to itsadministrative controi and supervision of the Foard are as definedin the IRR of R. A. N0. 8981 in a way that shall not diminish theregulatory powers, functians and responsibilities granted to theBoard of Chemical Engineering to promulgate professional,occupational and ethical standards as

of,well as to administer,A, No,9297.implement and enforce the

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a) To administer, implement and enforce the regulatory policies ofthe national government, with respect to the regulation andlicensing of the chemieal engineering professlon including theenhancement and maintenance of professional and occupationalstandards and ethics through programs for continuingprofessional development, among others, and the enforcementof the rules and regulations relative thereto.

b) To review, revise and approve resolutions, embodying policiespromulgated by the Board in the exercise of its powers andfunctions or in inrplementing the provisions of R". A. No. 9297and other official actions on non-ministerial matlers within therespective jurisdiclion of the Board.

c) To establish and maintain a high standard of admission to thepractice of the chemical engineering profession; to adoptmeasures to preserue the integrity and inviolability af licensureexaminations; appoint supervisors and roorn watchers fromamong the employees of the government and/or privateindividuals with baccalaureate degrees who have been trainedby the Commission for the purpose; to impose the penalty afsuspension or prohibition from taking licensure examinalionsupon any examinee charged and found guilty of vialating therules and regulations governing the conduct of licensureexaminations.

d) To admit successful examinees to the practice of the profession;to cause the entry of narnes of the successful examinees to thepractice sf the profession in its registry book and cornputerizeddatabase; to issue certificates of registration/professionallicense; to ministerially issue professional identification card.

e) To have custody of all records of the Board, includingexaminalion papers/ minutes of deliberation, recerds ofadministrative cases and investigations and examination resultsfor control and disposition,

f) To perform such other administrative functions and duties asprovided for in R" l\. No. 8981 and R., A. No. 9297.

Sec*ian 12, fi.emoval/Suspension of the chairman and Merabers * The. ehairman or any Mernber of the Board may be suspended orremoved by the Commission for neglect of duty, inconrpetence,commission or tolerance of irregularities in the llcensure

, examination, malpractice or unprofessional or unethical conduct,after due notice and hearing where his right to be heard, to defendhimself and to be assisted by counsel shall be respected,

$ectian 13. Custody of Records, Secretariat and Suppart $ervicesThe Board shall have a Secretary, appointed by the Commission,who shall record tlre minutes of its meetings and perform suchother functicns as the Board rnay require. The esmmission shall

All records of the Board, including applications for examination, andadministrative and other investigative cases conducted by theBoard shall be under the custody of the Commission.

The Commission shall provide the secretariat and other supportserviees to irnplement the provisions of R. ,4, No. 9297,

section 14. Annual Report - The Board shall submit an annual repoft to theComnrission after the close of each fiscal year giving a detailedaccount of the proceedings of the Board during the year andembodying such recommendations to the Commission as the Soardn'lay desire to make. The Secretary of the Board shall prepare theannual repoft for the consideration and approval of the Board.

Rule III

LICEFISU RE TXAMI}IATION FOR CH g}4 ICAL E NGIil T H RS

$ection !.5, Examination Required - All persons desiring to register asChemical Engineers and to practice the profession must pass thelicensure examinations for the practice of Chemical Engineering inthe Phillppines.

Section 16. Qualiflcations for Examinaticn - Any person applying foradrnission to the chernical engineering examination shall establishto the satisfaction of the Board and the Commission that helshepossesses the fallowing qualifications:

(al That he/she is a citizen af the philippines;

{b) That helshe is of good moral character;

{c) That he/she is a graduate of a school, institute, college oruniversity recognized by the Government and has beenconferred the degree of Bachelor of Science in ChemiealFngineering or its equivalent;

(d) That helshe has nct been convicted of an offense involvingmoral turpitude by a court of competent jurisdiction.

A Ftlipino citizen who graduated fron'l a fcreign educationalinstitution shall be required, before his application is accepted, tosubmit an endorsement from the CHFD.

seetion 17., Appli{ation - The applicant for examination shall flle anapplication form duly accomplished together with the authentic orauthenticated copies of the documents required by th*Commission.

Section 18"

Section 19.

Sectlon 2O.

rhe following documents, in fcrms as maybe required by theComnrission, shall be submitted in support of the verifiedapplication for examination :

{1i(2)

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IA\

{5)

i6)

t7)

Ce*ificate of Live Bifth in NSO security p*per

Marriage Contract or Certificate of Marriage, if applicant is a

nrarried fernale, in NSO security paper

tsaccalaureate Transcr"ipt of Records with date of graduation

and speciai order, if appllcable

College Diploma with indication therein of date of graduation

and Speciai Order No. unless it is not required

Ceftiflcation of Good Moral Character issued by a Chemical

Inglneer in g*od standing

National Bureau of Investigation clearance

Other documents that may be required

Fxaminatisn Fe*s * Every applicant admitted to take thechemical engineering examination shall pay such fees as may beprescribed by the Cornrnission before he or she is allowed to takethe examination,

Venues and Dates of Examination - Examination ofcandidates deslring to practice chemical engineering shall be giventwice each year 0n the dates and venues prescribed by theCsmmission. The exarnination shall be conducted b'y the Board.The dates, tinre and venues of the licensure examinations for

t ,,Chemical Fngineers shall, as far as practicable, be published by theC*nrmission in a newspaper of general circulation and/or in

broadcast media,

Exannination Frogram - The Eoard shall issue a prograrn forevery scheduled examination not later than fo$ry-five {45) daysbefore the first day thereof, which shall contain the following:

{a) Name of licensure examinalion,

(b) Subjects lor examination indicating lheir respeciivepercentage weights, tinre, dates and places af examlnafinn;

{c} Instructions to examinees, and

{d} Names and signatures of the Chairman and the Secretary,Professional Regulatory Boards.

Sectisn 2x.. Examination Syllabi - The Board shall prepare, adopt, and issuethe syllabi and shall prescribe the subjects for examinations inconsultation with CHfD, the academe and the accreditedprofessiona I organization,

The Board shall construct the test questions in the examination;score and rate the examination papers; and submit the results tothe Commis$ion, The Board shall amend/change the subjects andthe syllabi, as maybe warranted from time to time, after properconsultations with all agencies concerned,

Sectisn 2?. $cope of Examination - The licensure exarninations for ChemicalEngineers shall cover, but shall not be timited to, the followingsubjects with their corresponding percentage weights:

1.) ChemicalFngineering 4Aa/a

2.) Plrysical and Chemical Principles - 300/o

3.) General Engineering - 3Ao/a

The Board is ernpowered to determine the syllabi of the subjectsand their relativc weights but in no case shall the relative weight ofChemical Engineering be less than forty per centum (40%)

Section 23, Rating - To pass the licensure examinations for ChemicalEngineers. an examinee must obtain a general average of no lessthan sevenry per €entum {70o/o} and a rating of no less than fiflyper centun (50%) in any examination subject. The Baard shallcoftrplete the correction of exarnination papers within twenty {20)days from the last day of examination, The Commission shall repo{the rating of examinees not more than thirty (30) days after Boardhas completed the correction of examination papers"

Rule IV

REGISTRATION AruP TSSUANCE OF CERTIFICATT OF REGISTRAT'OI{ANN PROFESSIONAL IDENTIFICATION CAR.N

Section 24. V*sted Kights. Automatic Registration of ChemicaNfngineers - All chemical engineers who are registered at thetime R. A, No. 9297 takes effect shall automaticaily be registered.

$ectian 25. Ce*lficate of Registration - Every Certificate of Registratianshall state the full name of the registrant and his registration

, nurnber, and shall be signed by the Chairman and Members of the&aard and thc Chairperson of the Comrnission and authenticated bythe afficial seal of the Commission and of the Board lndicating thatthe person named therein is entitled to the practice of theprofessicn with all the privileges appurlenant thereto, The saidcedification 0f registration $hall rernain in full force and effeC untilsuspended or revoked in accordans* with R. A. No, 9297. .

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Section ?6. Professional ldantification Card - A professional identificationcard bearing the signature, number, and date of issuance. expirydate, duly signed by the Chairperson of the Commission shalllikewise be issued to every reEistrant wha has paid the prescrtbedfees of annual registration for another and every afler three (3)years.

Registration of Successful Fxanri*ees * The Comnrission, onrecommendation of the Eoard shall issue a Certificate ofRegistration and Professional ldentification Card after payment ofthe prescribed fees to each person who has passed the chernicalengineering licensure examination given by the Board.The Commissien and the Board can exercise its right to suspend ordefer registration of a successful examinee pending compliancewith deficiency in requirements and/or the reason for suchdeferment.

$ection 27.

As soon as the cause/s fbr the deferment of registralion asChemical fngineer of the successful exan'linee has been removed,the examinee shalI be allowed to register,

Section 28, Replacement of Ce*ificate of Registration, ProfessionalIdentification Card and Certificate of Compliance - Afterthe submission of required affidavits and evidences and compliancewith the prescribed guidelines and procedures of the Commission,and upon payment of the prescribed fees, a new Certificate ofRegistralion, Professional trdentification Card or Certificats ofConrpliance may be issued to replace any lost, burned, destroyedor mutilated certificate or card.

$ection 29. Pranulgation of Rules and Regulations €overning theFraetice of Fareign Ch*rnical Engineers - With assislancefrom the Commission, the Board shall promulgate Rules andRegulations providing for the pr*cedures for the registration offoreign chemical engineers without examination and issuance ofcerlificate of registration and professional identiflcation cardthrough reciprocity as well as the issuance of special temporarypermits to foreign chemical engineer.

' Rule V

PRACTICE OF CHEMICAT EFIGI}IHHRXNG

$ectlcn 3o, Scope of Practice - Professional chemical engineeringservice shall embrace the folfcwing sirrrilar services in relation to

, industrial plants:

Ccnsultation requiring chemicaland proficiency;

Investigation;

Esti mation and/or val uatio*;

engineering knowledge, skill{1)

(2)

1?\

t4) Planning;

{5) Preparation of feasibility studies;

{6} Designing;

t7) Preparation of specifications;

{8} Superviston of installation;

{9) Operation, including quality management; but excludingchemical analysis and operation of the chemical laboratory;

{10) Research and development.

The teaching, lecturing and reviewing of professional chemicalengineering subjects shall also considered a professional chemicalengineering service as detailed in Rule VI of this IRR.

sf R. A" No. 9297.

The chemical engineer" conceptualizes, develops, designs, improvesand applies safe, healthy, ethical and economic ways af utilizingmatcrials and energy in unit processes and operations fnr thebenefit of society and environment through the application ofchemical engineering subjects and the knowledge of natural andphysical science, mathematics, inforrnation technology and othergeneral education subjects.

Section 31. Who may practice Chernical Engineering - Except as maybe provided in R, A. No. 9297, only persons properly licensed andregistered may practice chernical engineering. No firm,partnership, carporation or assoeiation may be iicensed andregistered as such for the practice of the chemical engineering, butduly licensed and registered chemical engineers may formpa*nership among thernselves or with other licensed andreglstered engineers and architects and use the title "ChemicalFngineersr" "Cngfneers," and "Hngineers and Architects" in theirpaft*ership narne.

S*ction 32. Foreign Chsmical Ingineering Practitieners in IndustryPractice - Upon proper application with the Board, withoutRegistration as provided for in Sec. 22, Art".II of R. A. No. 9297,special permits to practice shall be issued to foreign chemicalengineers, recognized as expe*s in their specific fields of chemicalengineeringn particularly those called in by the Republic of the

, Philippines for consultation or for a specific design, installation or

Froject, provided that their practice shall be confined to such work,and subject to guidellnes to be issued by the Board and theCornmission to implement the intent of such provision.

The provisions sf Sec. 7fi) and (l) and Sec. 16 of R, A, No. 8981 aswell as the PRC Cuidelines on the issuance of temporary/specialpermits to foreign chemical engineers shall be applicably suppleloryto this Rule.

12 :.

section 33, Raster sf chemical Engineers - The ccmmission shall keep aroster of all duly licensed and registered chemical engineers, stalingtheir names, registration numbers and places of business. iheConrnrission shall regularly update such rosler and make il available taall interested parties.

Section 34. rndication of License Number and privileg* Tax ReceiptPayn*ent - The cheniical engineer shall be requircd to !ndicate htsCertificate of Registration, Prolessional Identlflcation Carcl (f lC)nurnber, date of issuance and the duralion cf the va[dity, incluriirrgthe Professional Tax Receipt (PTR) number whtch the City,/Mun\rt*alTreasurer shall issue upon presentalion of hislher cilrrenl PIC *r, il:*docurnent he/she signs, uses or issues in connectton r.arilh the praliiccof hislher profession.

Rule VI

Section 35,

Section 35.

Section 37.

TEACHNN€ AiItr LECTURIT{G TNCAGTMfi NTSIN CI'IEMICAL FNGI*EFRII{€

The teaching, lecturing and reviewing of professional chen:icalengineering subjects in the curriculum of the Bachelor of Scienr.c inChemical Engineering or a subject in Chemical Engineering iiceris.lreexamination given in any schoct, college, university nr any *lhereducatianal institution shall also be considered a prolessional cherr:;calengineering senrice.

Professronal chemical engineering subjecls are lhose definecl rrr n.A. No. 9297 and as maybe prescribed by lhe Board from lrnre t* l,nrr,:.

Upon proper application and subject to verification of cr.edentral, offoreign chemical engineers who have distinguished themselves in lhelrrespeetive fields of specialization, contracted as professcrs or lecturersin chernical engineering subjecls by Philippine schools, or colleqes,institutes or universilies on a direct hire or exchange basis maybegiven special pernrits by the Eoard to teach professional chenricalengineering, subjeet to guidelines to be issued by the Board ancJ cilrerapplicable laws, provided that the teaching shall be confined tc theappiicant's field of specialization,

Seetian 3S" Filipino teachers, lecturers, or reviewers, with Maslers or docllraidegree ln chemical engineering or its equivalent, who are nol yelregistered and licensed Chemical Engineers but who were engag*{ irr

any such aclivilles al the time of the effectivity of R. A, No. 9297 ;'laybe allowed to teach, lecture, or revrew professional cheil"rrcalengineering subjects in the curriculurn of the Bachelor of Scienc* inChemical Engineering degree, or a subject in the Chemical

, Engrneering Licensure Examination, given in any schocl, college oruniversity, or any other educaticnal instituticn, by lha Board s1rbjecl toapproval by the Commission for a period of one (1) year lrom theeffeclivity of lhis "lRR of R. A. No^ 9297" unless otherwrse renewerj orexlended, in accordance with the requirements and prccedures on lheapproval thereof in the Resolution that the Eoard shall issL:e anclpromuiqate, subjeet to approval by the Commission.

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ll

Rule VII

NESIGHS AFID SPECITICATIONS FSR IHPUS?RIAL FLAXTS

Sectiox 39. Any propoxl, design, specifications, working drawings or plan foran industrial plant or any part thereof submitled to any governmentagenql, national, or local, including government-owned orcontrolled corporations, shall not be processed or approved, norshall such plant be issued any permit, license, franchise,authorizatian or certification, unless such proposal, design,specification, working drawing or plan is signed by a chemicaiengineer, with his seal and registration nunrber affixed thereto.

Section 40, Plans, specifications, reports and other professional documentsprepared by or executed under the supervision of and issued by theregistrant shali be stamped on every sheet witlr the chemicalengineer's professional seal when filed wlth Governrnent authoritiesor when submitLed or used professionally.

$eEtian 41. All government institutions, padicularly the Department of Interiorand Lccal Government, Department of Fublic Works and l-{ighways,ilepartment of Hnvironment and Natural Resources, Department ofTrade and Industry, Department of Science and Technology andagencies such as the provincial, clty and munieipal governments,lhe Board of Invesfi-nent and the Bureau of Foods and DrugAdminislration, among others, and other relevant and concernedagencies shall all be made cognizant of the mandatesof R. A. No. 9297 and be asked ta actively irnpfement theprovisions of Section 29, Article IV of R, A. Na" 9797.

Rule VIII

COMPLIANCE SF I'{OUSTRIAI PLAH?sAil N TDUCATIONAT INSTITUTIOHS

Seetion 42. All industrial planls, as defined in R.A. No. 9297, must hire theservices of a chemical engineer. The Board shall issue a Certificateof Compliance to industrial plants that have compiied with theprovlsions of R. A. No" 9297. ?he Board may deputize andauthorize agents to inspect and m*nitor ccmpliance of theindustrial plant.

$actic* 43. The Board shall inquire into the conditions affecting the praclice ofthe profession and adopt rneasures fsr the enhancements andmaintenance of a high professional, ethical, and technical standard.

, Pursuant thereto, the Board ar i* duly authorized representativernay inspect establishments such as factories, plants, offices, andthe like, in order to determine and enforce compliance witfr theprcvisiens of R,A, No. 9297,

In coordination with the Ccmrnission on Higher Education {CHED),the Board or its authorized representative may inspect the facillties,faculty, equipment and other aspects directly related to the

$eeticn 44.

Sectio* 45, The Board shall issue guidelines that shall govern the compfiance sfindustrial plants, inspection and monitoring, issuance of Certificateof Compliance, and other relevant acts. A Code of Technical$tandards shall also be fssued by the Board to Euideirnplementation of this Rule.

Rule IX

CODE O- ETHICS FOR CHEMICAL ENGINEERS AND COf{TIITUIHGPROFESSTONAL TDUCATToH (Cps)

$ection 46. Csde of Fthics for the Practice of Chen'lical Engineering -TheBoard, in consultation with the integrated and accredited nationalorganization ol Chemical Engineers, shall adopt and pronrulgate aCode of f;thics for Chemical Engineers.

Section 47. Continuing Professional Education -The Board shalf prescribeguidelines and criteria on the Continuing Professional Education

{CF[) program fcr chemical engineers in consultation with theintegrated and accredited national organization of chernicalengineers.

Rule X

AtrOPTTON AND USE OF SEAL 8Y CHEMICAL EHGIMEERS

Sectisn 48. Seal of Chemical Engineers - Subject tc guidelines 0nadministrative procedure and control, to be issued by the Board inconsultation with the integrated and accredited nationalorganization of chernical engineers, each chemical engineer shallcbtain a seal as prescribed by the Board bearing the registrant'sname, registration number and the legend "Registered ChemicalEngineer,"

The seal shall consist of two concentric circles and the symbol of a

nranufacturing plant inside the smaller circle, This seal is patternedafter that of the accredited professional organization,

The seal specimen together with specimen signature cards,authenticated copies of valid Ce*ificate of Registration andProfessional ldentification Card and valid PTR for the year shall besubrnitted to the Board through the integrated and accreditednational organization cf chemical engineers for authentication andregistration.

Section 49. Aftixing Seal by the Chemieal Engineer - Every registeredChemical Engineer shall clearly and legibly affix his seal on allplans, specifications, and other contract documents prepared by orunder his or her direction or supervision, The Chemical Engineershall likewise indicate his Cerlificate of Registration number, dateissued and professional tax receipt (PTR) number, place and dateissued by the Cify/Municipal Treasurer on docurnents whlch hesigns, affixes his seal, and issues in connection with the practice ofhis profession.

Rule XI

INTEGRATED AND ACCREDITED NATIONALCIRGAHIZATION OF CHEMICAL HNGINf FRS

$ectian 50. Membership in the Integrated and Accredited NationalOrganization of Chenrical Engineers - There shall be anintegrated national organization of chemical engineers dulyaccredited by the Board and the Commission, A chemical engineerduly registered with the Board shall automatically become a

member of the accredited organization, and shall receive thebenelits appu*enant thereto upon payment of the required feesand dues, Membership in the lntegrated and accredited nationalorganization shall not be a bar to membership in other associationsaf chemical engineers,

Section 51. Offieially Accredited Professional Organization - ThePhilippine Institute of Chemlcal Fngineers, Inc, is the existinginteigrated and accredited national organization of registeredchemical engineers, duly accredited by the Board subject toapproval by the Commission and registered with the Securities andfixchanEe Commission (SEC) as a non-profit, non-stock corporationgoverned by its Articles of Incorporation and By-laws.

Section 51,1 A chernical engineer duly registered with thePRC shall automatically become a mernber of the PICI-IF and shallreceive the benefits and privileges provided for and described in itsby-laws upon payment of required fees and dues. The PICI-IF shallkeep an updated official registry of its bonafide rnembers indicatingmembership and annual dues official receipt number.

Section 51,2 Bonafide members of the PICHI practicing thechemical engineering profession shall be required to provide theirofficial pIC|{f membership number and receipt (PTR) on official

, documents prepared by them for purposes of obtaininggovernment regulatory permits and licenses.

Y*-' ,,'r fi16

Secti*n 51.3 The functions, duties and responsibilities of thePICI{E as the integrated and accredited organization of registeredchemical engineers shall be the following:

a) Nominations ta the vacancy of positions to the Eoardof Chemical Engineering;

b) Pursuing a program 'for continuing prafessionaleducation;

c) fndorsement of the practice of foreign nationals to beissued temporary/speclal permil;

Monitoring compliance and endorsing to/or filing a

complaint with the Board andlor Commission forviolation of the R. A, Na" 9297, this IRR, Code ofFthies, Standards af Professional Practice and otherpclicies of the Board and of the Commissi*n and withother agencies for violation of other relevant laws,regulations and the like; and

Some other functicns, duties and responsibility asmay be prescribed by the Board of ChemicalEngineering fronr tirne to lime.

RutrC XII

PN.OHNBXTIONS IH T}IE PRACTTCT CIF CHEI'{ICAt ENSIHETRIHG

$ectisn 52. - No person shall practice chemical engineering or render chemica{engineering seruice without a valid certificate of registration and avalid professional identification card. Any person who shallcsnrmit the following acts shall be guilty of misdemeanor:

ta) Practice chemical engineering er render chemicalengineering services, 0r pass himself off ar adverlise as achemical engineer without valid certificate of registration orwhen such has been suspended or revoked;

(b) Attempt to use as his own certificate or seal of anotherperson or impersonate any registered chenrical engineer; or

(c) Furnish the Board or Comrnission any false information ordocument in order to secure the Certificate of Registratlon,

d)

a\

t7

RuIe XIII

M ISCELLAN EOUS PROVISIONS

Section 53. Foreign Reciprocity - No foreign chemieal engineer shall begranted any of the right or privilege under R. A. No. 9297 unlessthe country of which he is a subject ar citizen grants the sanre orsimilar rights or privileges to Filipino chemical engineers.

A foreign citizen, whether he studied in the Philippines or not, whodesires to take the licensure examination for Chemical Engineersthrough reciprocity shall iniliate the establishment of reciprocitybetween his countrylstate and the Philippines bypresenting/submitting a letter 0r any document signed and underofficial seal by the appropriate officiai of his country/staterequesting the Chairman of the Board of Chemical Engineering toallow the foreign applicant to take the licensure exarnination of theBoard that by express provision of the law of his country/state,Filipino citizens shall be allowed to take the licensure examinationfor Chemical Engineers and to register as Chemicat Engineer in hiscountrylstate on terms of strict and absolute equality with thecitizens or subjects of said country or state including theunconditional recognition 0f prerequisite degrees issued byinstitutions of higher learning duly recogrrized or established by theGovernment of the Republic of the Philippines attachinE/appendingthereto an authentic or authenticated official copy of said lawofficially translated in the English language,

If the letter/document and the eopy of the law subnritted by theapplicant is satisfactorily to the Board, the foreign applicant shall beallowed to take the licensure examination for Chernical Engineersby requiring him to flle an application to take the licensureexamination and by submitiing the following documents that shallaccompany the application :

(1) The original or certified copy of any official document issuedby the Bureau of Immigration and Deportation allowing theapplicant to enter and reside the Philippines;

t2) Present his passport for examination and for photocopyingof perlinent information about the applicant;

(3) Original or authenticated copy of transcript 0f records orequivalent document of the course for lieensure examination

, issued by the institution of higher learning where he studied,duly authorized or accredited by his countrylstate; and'

(4) Other documents which may be required to be submitted bythe Board.

Act filot Atrcting Other Professions - R. A. No. 9297 shall notbe construed to affect or prevent the practice of any lawfully

Section 54.

recognized profession.

w *&i

$ection 55.

Section 56,

Section 57,

$*ction S8.

Rule XIV

AD M If{ ISTRATIVE PROCEEDIHG g

Srounds for the Suspension and Revocatiorr sf Certificates-The Board may, after due nolice and hearing, suspend or revokethe cedificate of registration of a Chemical Englneer or cancel anyspecial permit issued for the practice Chemical Engineering in thePhilippines for any of the following grounds:

(a) Any act of misrepresentation in connection with an allegedperformance of chemical engineering services;

(b) Acts inimical to the chemical engineering profession; and

{c) Gross immorality or commission of any act involving moralturpitude.

Certificates of Compliance maybe suspended or revoked for non-compliance with the prcvisions of R. A. No. 9297.

Reissuance of Revoked Certificate of Kegistration orRevoked Ce*ificate of Compliance- The Board ffi6y, forreasons it may deem sufflcient and upon proper petition, reissue arevoked ceffficate of registration or revoked certificate ofcornpliance upon paymenl of the prescribed fees. The petition forreissuance or reinstatement may be filed after at least two {2}years from the date of the surrender of the revoked certificales.

Interpretation of the Provision of R, A. ltlo. g2g?, thisImplenrenting Rules and Regulations, Code of Hthics andCode ofTechnical Standards Issued by the Board - At firstinstance, lhe Board may resolve any issue arising from theimplementation of the provisions of R" A. lrJo. g2g7 in the form ofopinions issued by the Soard through its Chairman. It rnay alsoissue opinions on questions arising from the implemenlation of lheRules and Regulations of R. A. No. 9297, the Code of Ethics or theCode of Technical Standards for Chenrical Fngineers. The Boardmay request the Coinmission, through its Chairperson, to elevaledifficult questions of law to the Depa*ment of Justice for legalopinion.

Adrninistrative Investigation - The Board shall investigate, inaceordance with the rules on adrninistrative investigationpromulgated by the Commission, violations of R. A. No, 9?g7 anrJthis implementing rules and regulations, the Code of Ethics and theCode of Technical Standards for chemical engineers, administrativepolicies, orders and issuances promulgated by the Baard. TheBoard shall prosecute or institute criminal aetion against anyviolator of R" A. No. 9297 and/or rules and regulatlans of theBoard.

Section 59.

Scction 60.

Section 58.1The Eoard shall hear and decide administrative casesfiled against chernicaf engineers and firms employing chen'licalengineers. Any decision shall be concurred in by at least a majorityof the 8oard. Decisions of the Board may be appealed to theCommission within fifteen {15) days from notice; otherwise suchdecision shall become final and executory.

$ection 58"2 The hearing shall be presided by the Chairman cr aMernber of the Eoard assisted by the fegal or hearing officers of theCommission" The Board may delegate the hearing or investigationof such cases tc the legal and hearing officers of the Ccmmissionexcept when it is on technical matters or where the issue involvedstrictly concerns the practice of the profession in which case thehearing or investigation shall be presided by at least one (1)Member of the Board assisted by a hearing or legal officer of theCommission.

Exenrption frorn [xarnination and Registration - L,]ponproper application for exemption with the Board, examinationshall not be required of the foreign engineers who are allowed topractice chemical engineering in the Philippines as provided for inthis IRR of R. A, No. 9297. They shall be required to register forthe purpose of securing a Special Fermit to practice.

Rule XV

' FNFOfiICEMENT AND PENALTIES

Enforcernent Assistance to the Board - The Board shall beassisted by the Commission in carrying out the provisions ofR. A. No, 9297 and this implernenting rules and regulations andother policies. The lawyers of the Commission shall act asprosecutors against illegal practitioners and other violators of RA9297 and lhis rules. The duly constituted authorities of thegovernment shall likewise assist the Board and the Commission inenforcing the provisicns of R. A. No" 9297 and this rules,

Section 61. PenalClause - Any person who shall violate any of theprovisions of R. A. No. 9297 shall be guilty of misdemeanor andshall, upon conviction, be sentenced to a fine of not less than TenTl"rousand Pesos (P10, 000.00) nor more than One Million pescs

{p1, 000,000.00) or imprisonrnent for a period of not less than six

, (6) rnonths nor more than five (5) years or both at the discretion ofthe court.

Rule XVI

SEFARABILITY AND REPFALING CLAUSES AI{D EFFECTIVITY

sectian 6?. Separability clause - if any section or provision of this IRR ofR. A, No. 97.97 may be declared unconstitutional or invalid, suchshall not affect or invalidate any other section or provision thereof"

Section 63. *epealing Clause - Any provisions of the rules, regulations,codes, orders, resolutions, measures, and other policies or pa{sthereof issued and promulgated pursuant to Republic Act No 318,P. D. No, 273 {as amended), R. A. No. 898L, and other laws whichare inconsistent with R. A. No" 9797 are hereby repealed,superseded. or anrended accordingly"

$ectistt 64. Effectivity - This IRR of R, A. No. 9297 shall take effect after thirty(30) days following its full and complete publication in the OfficialGazette or in a major newspaper of general circulation.

Dnn* in the City of Manila, Philipp?nes, this 17*h ddy of H*vearbexr g*et&

ox/'l / [ n ",M^-;-l \ UJ*-y/tn 4 r'*FRANCISCO A. ARELLANO*

Member

SecretaryProlessional Regufatory Boards

APPROVFD:

Commissione r

21

LAURO D. GUEVARAChairman

Member

ILOS 6. ALMTLOR

f,Ufirr*.--ttALCESTIS M. GUIANG.

il cfra{rpdrson ' -" 4 o

tdilrl v' ''8**-/e"*"AVETINA A:-DE LA REA LEONOR TRIPON.ROSTRO

Cammissicner

o-5R3/pR8-CHFCWL06/eczcheiff*rd9297.doc.