Republic of the Philippines

Eulogio “Amang” Rodrguez Institute of Science and Technology

MECHANICAL ENGINEERING
LAWS AND ETHICS

Submitted By:
Astudillo, Xerxes A. IV
Abrasaldo, Respert R.
Cunanan, Rohelio B.
Dapula, Nean Mark G.
Macahia, Ralph Shelwyn B.
Marin, Mark-g R.
 RA 8495 (ME LAWS)
REPUBLIC OF THE PHILIPPINES
CONGRESS OF THE PHILIPPINES
METRO MANILA
TENTH CONGRESS
THIRD REGULAR SESSION
Begun and held in Metro Manila, on Monday, the twenty-eight date of July,
nineteen hundred and ninety seven.
[REPUBLIC ACT NO.8495]
AN ACT REGULATING THE PRACTICE OF MECHANICAL.
ENGINEERING IN THE PHILIPPINES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
 ARTICLE 1
TITLE, STATEMENT OF POLICY
DEFINITON OF TERMS
SEC. 1. Title - This act shall be known as the "Philippine Mechanical Engineering
Act of 1998."
SEC 2. Statement of Policy-The State recognizes the importance of mechanical
engineers in nation building and development. Their talents through Sustainable
human development shall be promoted. Thus, the State shall develop and nurture
competent, virtuous, productive and well-rounded mechanical engineers Whose
standards of professional practice and service shall be excellent, qualitative, World
class and globally competitive through regulatory measures, programs and
SEC 3. Definition of Terms- As used in this Act, the following terms shall mean as
follows:
a) Practice of Mechanical Engineering -A person shall be deemed to be. Practicing
mechanical engineering or rendering mechanical engineering service within the
meaning and intent of this Act when he performs the following:
(1) Consultation, valuation, investigation and. management services requiring
mechanical engineering knowledge:
(2) Engineering design, preparation of plans, specifications and projects studies or
estimates for mechanical equipment, machinery or processes of any mechanical
works, projects or plants;
(3) Management or supervision of the erection, installation, alteration, testing and
commissioning of mechanical equipment, machinery, or processes in mechanical
works, projects or plant;
(4) Management, supervision, operation, tending or maintenance of any
mechanical equipment, machinery or processes in mechanical work, projects or
plants;
(5) Management or supervision of the manufacture, sale, supply or distribution of
mechanical equipment, parts or components;
(6) Teaching of mechanical engineering professional subjects in government
recognized accredited engineering schools; and
(7) Employment in government as a professional mechanical engineer, registered
mechanical engineer, or certified plant mechanic if the nature and character of his
work is in line with his profession requiring professional knowledge of the science
of mechanical engineering;
b) Mechanical equipment or machinery - includes all prime movers such as steam
engines and turbines, internal combustion engines and gas engines and turbines;
steam generators such as boiler; furnaces; heat exchanger such as cooling towers,
kilns and dryers, coolers and heaters;
materials handling equipment, such as pumps, cranes, conveyors, hoist elevators,
escalators, mechanized dumb-waiters, moving ramps and walkways; heating, air-
conditioning, ventilating and refrigeration equipment and machinery including
compressors and centrifugal fans, mechanical pollution abatement and
environmental control system; piping system with a working pressure of not less
than 70 kPa., fired and unfired pressure vessels, printing machine; mechanical
working machines for metallic and non-metallic materials and other mechanical
equipment and machinery whether installed on land, underground, or on board
water craft.
c) Mechanical processes, works, projects or plants shall include steam plants,
geothermal plants, dendro-thermal plants, nuclear plants, ocean thermal energy
conservation (OTEC) plants, internal combustion plants, hydraulic plants, pumping
plants, compressed gas plants, all kinds of mills, shops, factories, shipyard dry
docks, heating, air-conditioning, ventilating and refrigeration plants containing any
mechanical equipment, machinery or process deriving power from steam, fossil
fuels, wind, air, gas, water, solar heat, nuclear energy, ocean waves and tides, or
other energy sources.
d) Capacity of process works, projects or plant-rated capacity in kilowatt of
mechanical works, projects or plants for the purpose of this Act shall be the total
kilowatt ratings of all engines, motors, boilers, turbines, or other primers installed
for such in such works, projects or plants, whether in operation or not, and without
regard to the number of capacities of the mechanical equipment, machinery or
processes receiving power from or intended to be driven by such prime movers.
 ARTICLE II
BOARD OF MECHANICAL ENGINEERING
SEC.4.Creation and Composition of the Board of Mechanical Engineering -There
is hereby created a Board of Mechanical Engineering, hereinafter called the Board,
to be composed of a Chairman and two (2) members to be appointed by the
President of the Philippines from a list of three (3) recommended for each position,
chosen, ranked in the order of preference and submitted by the Professional
Regulation Commission, hereinafter referred to as the commission, form a list of
five (5) nominees submitted by the duly accredited association of mechanical
engineers in the Philippines The Board shall be organized not later than six (6)
months from the effectivity of this Act.
SEC 5. Qualification of Members of the Board. - A member of the Board shall, at
the time of his appointment, possess the following qualifications:
(a) Natural born citizen and resident of the Philippines;
(b) Must be at least thirty-five (35) years of age;
(c) Holder of the degree of Bachelor of Science in Mechanical Engineering or its
equivalent, conferred by a school, academy, college or university in the Philippines
or abroad that is accredited by the Commission on Higher Education (CHED);
(d) A Professional Mechanical Engineer with a valid professional license and an
active practitioner such, for not less than ten (10) years prior to his appointment;
(e) Must not, for a period of three (3) consecutive years prior to appointment, be a
member of the faculty of any, school, academy, institute, college or university
where a regular course in mechanical engineering is being taught, nor have
pecuniary interest in or administrative supervision over any such institutions of
learning;
(f) Must not, for a period of three (3) consecutive years prior to appointment, be
connected with a review center or with any group or association where review
classes or lectures in preparation for the licensure examination are offered or
conducted at the time of appointment; and
(g) Has never been convicted of any offense involving moral turpitude.
SEC 6. Term of Office. - A member of the Board shall hold office for a term of
three (3) years from the date of his appointment or until his successor shall have
been qualified and duly appointed, unless, however, that such incumbent member
has been reappointed for another three (3) year term. No member of the Board
shall serve for more than two (2) regular terms. Any vacancy occurring within the
term of a member due to resignation, conviction of any kind, disability or death,
shall be filled by appointment by the President of the Philippines; and such
member appointed shall serve for an unexpired portion of the term vacated without
prejudice to serve for a maximum of two (2) full terms. If the appointee comes
from the incumbent Board, he shall serve the remaining vacated term in addition to
the previous years he had already served and shall-be qualified for reappointment
in his new position:
Provided, his aggregate number of years’ service shall not exceed two (2) regular
full terms.
Each member of the Board shall take his oath of office prior to the official
performance of his duties.
SEC 7. Compensation and Allowances of the Board Members. -The Chairman and
members of the Board shall receive compensation and allowances comparable to
the compensation and allowances being received by the Chairmen and members of
existing regulatory boards with the Commission and as may be provided for in the
General Appropriations Act.
Supervision of the Board, Custodian of its Records.
Secretariat and Support Services. - The Board shall be under general
SEC 8.
Supervision of the Commission. All records of the Board, including applications
for
Examination, examination papers and results, minutes of deliberation,
Administrative cases, and other investigative cases involving the profession shall
Kept by the Commission. The Commission shall designate the secretary of the
Board
And shall provide the Secretariat and other support services to implement the
Provisions of this Act.
SEC 9. Power and Duties of the Board. - The Board shall exercise the
Following specific powers, functions, duties and responsibilities:
(a) To promulgate and adopt the rules and regulations necessary for carrying out
the provisions of this Act;
(b) To supervise the registration, licensure and practice of mechanical engineers in
the Philippines;
(c) To administer oaths in connection with the successful examinees entering the
practice of Mechanical Engineering;
(d) To issue the certificate of registration to successful examinees;
(e) To issue, suspend and/or revoke, after due process, certificates of registration
and issue, cancel and suspend professional license or cancel special permits for the
practice of mechanical engineering, for causes provided by law;
(f) To adopt an official seal of the Board;
(g) To look into the conditions affecting the practice of the mechanical engineering
profession and whenever necessary, adopt such measures as may be deemed proper
for the enhancement and maintenance of high professional and ethical standards of
the profession;
(h) To prescribe and/or adopt a Code of Ethical and Professional Standards for the
practice of the mechanical engineering profession;
(i) To hear and try administrative cases involving violations of this Act, its
Implementing Rules and Regulations, the Code of Ethics for Mechanical
Engineers, and for this purpose, to issue subpoena and subpoena duces to tecum to
secure the appearance of witnesses and the production of documents in connection
therewith;
(j)Prescribe guidelines in the Continuing Professional Education (CPE) program in
coordination with accredited association of mechanical engineers;
(k) Prepare, adopt, issue or amend the syllabi of the subjects for
(I) Approve, issue, limit or revoke temporary license to practice mechanical
engineering; and
(m) Discharge such other duties and functions -as may be deemed necessary for the
enhancement of the mechanical engineering profession and the upgrading,
development and growth of mechanical engineering education in the Philippines.
SEC.10.Annual Report. - The Board shall, at the close of each calendar year,
submit an annual report to the President of the Philippines through the Professional
Regulation Commission, giving a detailed account of its proceedings and
accomplishments during the year and making recommendations for the adoption of
measures that will upgrade and improve the conditions affecting the practice of
mechanical engineering in the Philippines.
SEC.11.Removal of Board Member. - The President upon recommendation of the
Commission may remove any member of the Board on the following grounds:
neglect of duty or incompetence, violation or tolerance of the violation of this Act
or the Code of Ethics for Mechanical Engineering, final judgment of crimes
involving moral turpitude, after having given the members an opportunity to be
heard and/or defend himself in a proper administrative investigation.
 ARTICLE III
EXAMINATION, REGISTRATION AND LICENSE
SEC.12. Examination Required. -All applicants for registration for the practice of
mechanical engineering shall be required to undergo and pass a written technical
examination as provided for in this Act.
SEC.13. Categories. -Certificates of registration for the practice of mechanical
engineering shall be of three (3) categories and in order of rank as follows:
(a) Professional Mechanical Engineer;
(b) Mechanical Engineer; and
(c)'Certified Plant Mechanic.
SEC.14. Qualifications of Applicants for Professional Mechanical Engineer. -Any
applicant to the Professional mechanical engineering examination must, at the time
of filing of his application, establish to the satisfaction of the Board that:
(a) He is a citizen of the Philippines;
(b) He must not have been convicted by a court of law of a crime involving moral
turpitude;
(c) He has valid certificate of registration and he is a registered mechanical
engineer and a holder of a valid professional license;
(d) He has graduated from an engineering school or college of recognized standing,
after completing an approved course in mechanical engineering;
(e) He has specific record of a total of-four (4) years or more of active. Mechanical
engineering practice, reckoned for time he is registered a mechanical engineering
practice; and
(f) He is competent to practice, as attested to by at least two (2) professional
mechanical engineers.
SEC.15.Qualifications of Applicants for Mechanical Engineer. - Any person
applying for examination and for a Certificate of Registration as Mechanical
Engineer shall, prior to admission to the examinations, establish to the satisfaction
of the Board that:
(a) He is a citizen of the Philippines;
(b) He must not have been convicted by a court of law of a crime involving moral
turpitude;
(c) He holds the degree of Bachelor of Science in Mechanical Engineering from a
university, school, college, academy, or institute duly constituted and recognized
as such by the government.
SEC. 16. Qualifications of Applicants for Certified Plant Mechanics Any person
applying for examination for certificate of registration as Certified Plant Mechanic
shall establish to the satisfaction of the Board that;
(a) He must not have been convicted by a court of law of crime involving moral
turpitude;

(b) He has graduated from a vocational or trade school duly recognized by the
government after completing an approved course of not less than two (2) years in
stationary or power plant engineering or any mechanical plant operation; and
(c) He has specific record of an additional one (1) year or more of active practice
in mechanical plant operation of such character as indicated in an affidavit of a
registered professional mechanical engineer, and likewise establish to the
satisfaction of the Board, that the applicant is competent to undertake the
operation, tending and maintenance of mechanical works, projects or plant of not
less than one hundred (100) kilowatts.
SEC 17. Scope of Examination. - The scope of examination and the methods of
procedure shall be prescribed by the Board with special reference to the applicant's
ability to perform the type of engineering work pertaining to the particular
category he is to be registered in.
(a) Professional Mechanical Engineer-The granting of professional mechanical
engineer Certificate of Registration shall be testimonial in nature which shall
include the submission of an enumeration of the applicant’s experience including
the presentation of an engineering report/technical paper pertinent to his line of
experience attested to by two (2) or more professional mechanical engineers in an
affidavit for this purpose;
(b)Mechanical Engineer - The applicant shall pass a written examination on
different subjects or group of subjects prescribed by the Board, and within the
syllabi prepared by the Board with emphasis on power plant and industrial plant
engineering, mathematics, engineering economics, economic analysis, laws and
ethics and machine design.
The subjects in which the applicant for Mechanical Engineers shall be examined
are:
1. Machine Design, Materials &Shop Practice
2. Industrial & Power Plant Engineering
3. Mathematics, Engineering Economics and basic engineering Sciences
(c) Certified Plant Mechanic-The examination for Certified Plant Mechanic may be
written or oral on subject matters based on the following submitted statement of
experience:
1. Elements of Power Plant Machinery
2. Elements of Industrial Plant Machinery; and
3. Shop Machinery Practice
Subject to the approval of the Commission, the Board may amend or revise the
subjects, their syllabi, passing average, and the system and procedure in the
licensure examinations for the practice of mechanical engineering and the
corresponding weight pursuant to implementing rules and regulations issued for
this purpose.
The said subjects and their syllabi may be amended by the Board so as to conform
to technological changes brought about by continuing trends in the profession.
SEC. 18. Ratings - To pass the examination, a candidate for a professional
mechanical engineer, a mechanical engineer, and certified plant mechanic must
obtain an average of seventy percent (70%) on all subjects, with no rating below
fifty percent (50%) in any subjects.
SEC.19.Reports of Ratings. -The board should submit to the Commission, the
ratings obtained by each candidate within fifteen (15) days after the examinations,
unless extended for just cause.
SEC. 20. Re-examination, -. An applicant who fails to pass the examination for the
third time shall be allowed to take another examination only after the lapse of one
year.
SEC. 21. Oath. -All successful candidates in the examination shall be required to
take an oath of profession before the Board or any government official authorized
to administer oaths, prior to entering upon the practice of the mechanical
engineering.
SEC. 22. Issuance of Certificates of Registration and Professional License. -Upon
payment of the registration fee as established by the Commission, the Board shall
issue a certificate of
Registration to any applicant who has met all the requirements specified in this Act
for the particular category he is registering in.
All certificates of registration shall indicate to full name of the registrants, signed
by all the members of the Board, and the Commission and affixed with the official
seal of the Commission. The issuance of a certificate of registration by the Board
of registrant is evidence that the person named therein is entitled to all the
privileges of a registered and licensed professional mechanical engineer,
mechanical engineer or certified plant mechanic, as the case may be, for as long as
said certificate remains valid.
A professional license bearing the registration number, date of issuance, expiry
date and duly signed by the chairman of the Board, shall likewise be issued to
every registrant, provided that professional fees have been paid. No person shall
practice mechanical engineering in this country unless such person shall have
secured a license to practice Mechanical Engineering in the manner herein
provided, A licensee is entitled to practice the profession with all the privileges
appurtenant thereto until the expiration of the validity of his license.
Subject to the approval of the Commission, certificates of specialty shall be issued
by the Board, to Professional Mechanical Engineers who have been screened and
recommended by accredited mechanical engineer’s association. These are for
specific fields, in which the applicants have specialized knowledge, training and
experience and have documented their competence and expertise. The Board shall
subject to the approval of the Commission, and after consultation with said
association concerned, prescribe and issue the necessary guidelines for the issuance
of these certificates.
SEC. 23. Integration and Accreditation of Mechanical Engineers. - An integrated
organization of mechanical engineers shall be created and accredited by the Board
of Mechanical Engineering and the Professional Regulation Commission. All
persons whose names now appear in the roll of professional mechanical engineers,
mechanical engineers, and certified plant mechanics under the custody of the
Board and the Commission, or those who may hereafter be included therein upon
registration and payment of the required fees shall automatically become members
of the integrated and accredited organization of mechanical engineers. The
integration of the mechanical engineering profession shall not be a bar to the
formation of voluntary organization of mechanical engineers which may coexist
with the integrated and accredited organization of mechanical engineers. The
board, subject to the approval by the commission and after consultation with the
existing accredited organization of mechanical engines and other affiliated
organization of mechanical engineers and, if possible with the
Substantial number of the mechanical engineers who are non-organization
members, shall provide the guidelines and mechanisms for the establishment and
creation, continued supervision of the integrated and accredited organization of
mechanical engineers. The registered and licensed engineers and certified plant
mechanics shall receive the benefits and
Privileges appurtenant to the membership in duly integrated and accredited
mechanical engineering association only upon payment of the required fees and
dues.
SEC 24. Seal of a Professional Mechanical Engineers. - A professional mechanical
engineer shall, upon registration, obtain a seal of such design prescribed by the
Board, bearing the registrant's name, the certificate number and the legend
"Professional Mechanical Engineer." Designs, plans, specifications, project
feasibility studies, appraisals, recommendations, technical reports, proposals and
other professional documents involving mechanical equipment, works, projects or
plants shall be stamped on every sheet with said seal of the registrant when filed
with government authorities or when submitted or used professionally: Provided,
that it shall be unlawful for anyone to stamp or seal any documents with the said
seal after the certificate shall have been revoked or cancelled.
SEC.25.Non-issuance of Certificate for Certain Grounds. -The Board shall not
issue' a certificate of registration to any person convicted by court or competent
jurisdiction of any crime involving moral turpitude, or immoral or dishonorable
conduct or any person of unsound mind declared by a court of competent
jurisdiction, furnishing the partly concerned a written statement containing the
reasons for such action, which statement shall be incorporated in the records of the
Board.
SEC. 26. Revocation and Suspension of Certificate,-The Board shall have the
power, upon proper notice and hearing, to suspend or revoke any certificate of
registration of any registrant for any cause specified in the preceding section, or for
the use in whatever way of any fraud or deceit in obtaining a certificate of
registration, or for gross negligence or incompetence or for unprofessional or
dishonorable conduct and for violation of the code of ethics for mechanical
engineers, and certified plant mechanics: Provided, That the action of the Board
shall be subject to appeal the commission within fifteen days from notice, whose
decision on the matter shall be final.
SEC. 27. Ground for Suspension and Revocation of Licenses, Cancellation of
Temporary/Special Permit-The Board shall have power, upon due notice and
hearing, to revoke or suspend the license
SEC. 27. Ground for Suspension and Revocation of Licenses, Cancellation of
Temporary/Special Permit-The Board shall have power, upon due notice and
hearing, to revoke or suspend the license of mechanical
engineers, or to cancel temporary/special permit for any cause specified in the
preceding sections, including but not limited to: the use of perpetuation of any
fraud or deceit in obtaining a certificate registration, or for incompetence,
negligence, or for abatement of the illegal practice of mechanical engineering,
violation of the provisions of this Act, its implementing Rules and Regulations and
or/ violations of Policies. Board including the Code of Ethics for Mechanical
Engineering: Provided however, that such action of the Board
Shall be subject to appeal without prejudice to the right of the aggrieved party to
apply with the proper Regional Trial Court for appropriate relief.
SEC. 28. Reinstatement and Replacement of the Certificates.-
The Board, upon application and for reasons of equity and justice, may reinstate
the validity of a revoked certificate of registration and professional license, upon
payment of the required fees, at least two (2) years after revocation. A new
certificate of registration to replace any certificate lost, destroyed or mutilated may
be issued, subject to the rules of the Board, and upon payment of the required fee.
SEC 29. Renewal of License. -The professional license shall serve as evidence that
the licensee can lawfully practice his profession until the expiration of its validity.
However, renewal of license can only be done upon the payment of renewal fee
corresponding to three (3) consecutive years.
SEC 30. Vested Rights. -Automatic Registration of Practicing Mechanical
Engineers.-All practicing Mechanical Engineers who are registered at the time this
Act takes effect, shall automatically be registered.
SEC 31. Coverage of Temporary/Special Permits. -The following shall be required
to secure Temporary/Special Permit from the Board subject to the approval by the
Commissioned. 27. Ground for Suspension and Revocation of Licenses,
Cancellation of Temporary/Special Permit-The Board shall have power, upon due
notice and hearing, to revoke or suspend the license of mechanical
engineers, or to cancel temporary/special permit for any cause specified in the
preceding sections, including but not limited to: the use of perpetuation of any
fraud or deceit in obtaining a certificate registration, or for incompetence,
negligence, or for abatement of the illegal practice of mechanical engineering,
violation of the provisions of this Act, its implementing Rules and Regulations and
or/ violations of Policies. Board including the Code of Ethics for Mechanical
Engineering: Provided however, that such action of the Board shall be subject to
appeal without prejudice to the right of the aggrieved party to apply with the
proper Regional Trial Court for appropriate relief.
SEC. 28. Reinstatement and Replacement of the Certificates. -
The Board, upon application and for reasons of equity and justice, may reinstate
the validity of a revoked certificate of registration and professional license, upon
payment of the required fees, at least two (2) years after revocation. A new
certificate of registration to replace any certificate lost, destroyed or mutilated may
be issued, subject to the rules of the Board, and upon payment of the required fee.
SEC 29. Renewal of License. -The professional license shall serve as evidence that
the licensee can lawfully practice his profession until the expiration of its validity.
However, renewal of
License can only be done upon the payment of renewal fee corresponding to three
(3) consecutive years.
SEC 30. Vested Rights.-Automatic Registration of Practicing Mechanical
Engineers.-All practicing Mechanical Engineers who are registered at the time this
Act takes effect, shall automatically be registered.
SEC 31. Coverage of Temporary/Special Permits.-The following shall be required
to secure Temporary/Special Permit from the Board subject to the approval by the
Commission: of mechanical
engineers, or to cancel temporary/special permit for any cause specified in the
preceding sections, including but not limited to: the use of perpetuation of any
fraud or deceit in obtaining a certificate registration, or for incompetence,
negligence, or for abatement of the illegal practice of mechanical engineering,
violation of the provisions of this Act, its implementing Rules and Regulations and
or/ violations of Policies. Board including the Code of Ethics for Mechanical
Engineering: Provided however, that such action of the Board shall be subject to
appeal without prejudice to the right of the aggrieved party to apply with the
proper Regional Trial Court for appropriate relief.
SEC. 28. Reinstatement and Replacement of the Certificates.-
The Board, upon application and for reasons of equity and justice, may reinstate
the validity of a revoked certificate of registration and professional license, upon
payment of the required fees, at least two (2) years after revocation. A new
certificate of registration to replace any certificate lost, destroyed or mutilated may
be issued, subject to the rules of the Board, and upon payment of the required fee.
SEC 29. Renewal of License. -The professional license shall serve as evidence that
the licensee can lawfully practice his profession until the expiration of its validity.
However, renewal of license can only be done upon the payment of renewal fee
corresponding to three (3) consecutive years.
SEC 30. Vested Rights.-Automatic Registration of Practicing Mechanical
Engineers.-All practicing Mechanical Engineers who are registered at the time this
Act takes effect, shall automatically be registered.
SEC 31. Coverage of Temporary/Special Permits.-The following shall be required
to secure Temporary/Special Permit from the Board subject to the approval by the
Commission:
a) Mechanical engineers, installation, commission or guarantee engineers from
other countries called in for consultation or for a specific design installation,
project not requiring more than three (3) months residence in the Philippines in a
twelve (12) month period: Provided, That such engineers such engineers are
legally qualified to practice mechanical engineering in their own country or state in
which the requirements and qualifications for obtaining a certificate of
Registration are at least equal to or more that those specified in this Act as certified
by the Board;
b) Foreigners employed as technical officers, training officers or consultants in
such special branches. Of mechanical engineering who, in the judgment of the
Board, are necessary and advantageous for the country particularly in the aspects
of technology transfer, may be issued temporary permits: Provided, that such
engagements have satisfied conditions, as may be deemed necessary, as follows:
1) Non-availability of a mechanical engineer and/or mechanic in the country ‘who
is competent, able and willing at the time of engagement to perform the service for
which the foreigner is desired for;
2)The foreigner must have been in the prior employ of the engaging firm, or its
foreign business partner, outside of the Philippines for a period of not less than one
(1) year immediately preceding the date of his engagement;
3) Any particular or specific engagement shall not be in excess of six (6) months
but may be renewed once, if necessary, except when such engagement is for a
newly established firm in which case the period of engagement may be for a longer
term but not to exceed a total term of two (2) years.
SEC. 32. Indication of License and Professional Tax Receipt. -The Mechanical
Engineer shall be required to indicate his Professional License number, the
duration of validity, including the professional tax receipt on the documents he
signs uses or issues in connection with practice of his profession.
 ARTICLE IV
PRACTICE OF THE PROFESSION
SEC. 33. Field of Action Authorized For Each Category Prohibition. - It shall be
unlawful for any person, unless authorized under this act:
a) to be in responsible charge of preparation of plans, designs, investigations,
valuation, technical reports, specifications, project studies or estimates or to be in
performance of other professional mechanical engineering activities unless he is a
duly licensed Professional Mechanical Engineer.
b) To teach professional subjects in mechanical engineering course unless he is
duly licensed Professional Mechanical Engineer, or a Master's degree, or Doctorate
degree holder in mechanical engineering.
c) To be in responsible charge of the construction, erection, installation, alteration,
or of the performance of a mechanical engineering service in connection with the
manufacture, sale,
Supply or distribution of any. Mechanical works, project or plant either for himself
or for other, unless he is duly registered Professional Mechanical Engineer or
Mechanical Engineer.
d) to operate, tend or maintain, or to be in-charge of the operation, tending, or
maintenance of any mechanical works, projects, plant of 100 kW or more but not
more than 300 kW unless he is duly licensed Professional Mechanical Engineer,
Mechanical Engineer or Certified Plant Mechanic.
e) To operate, tend or maintain, or be in-charge of the operation,. Tending, or
maintenance of any mechanical equipment, machinery or process of any
mechanical works, projects or plants or 300 kilowatts or above but not more than
2000 kW unless he is duly licensed Professional Mechanical or Mechanical
Engineer.
f) to operate, tend or maintain, or be in-charge of the operation, tending, or
maintenance or any mechanical equipment, machinery process for any mechanical
works, projects or plants of over 2000 kw unless he is a duly licensed
Professional Mechanical Engineer.
SEC.34. Personnel Required in Mechanical Plant.-Every mechanical work project
or plant in operation shall have not less than the following complement of resident
licensed professional mechanical engineer, mechanical engineer or certified plant
mechanic:
a) 100 kW or over but not more than 300 kW :(1) certified plant mechanic, or one
(1) mechanical engineer or one (1) professional mechanical engineer Provided
That every mechanical work, project or plant in this category operating in more
than one shift every twenty-four hours, shall have addition to the minimum
personnel herein required, or one (1)·certified plant mechanic, or one (1)
mechanical engineer, or one (1) professional mechanical engineer in-charge of
each and every additional shift.
b) 300 kW or over, but not more than 2000 kW: one (1) mechanical engineer or
one (1) professional mechanical engineer: Provided, That every mechanical work,
project, or 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
one (1) mechanical engineer, or one (1) professional mechanical engineer in-
charge of each and every additional shift.
c) Over 2000 kW : one (1) professional mechanical engineer: Provided, That every
mechanical work, project or 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 (1) professional mechanical engineer in-charge of each and
every additional shift.
SEC 35. Preparation of Plans and Supervision of Construction by Licensed
Engineers Required- It shall be unlawful for any person to order or otherwise cause
the fabrication, construction, erection, installation or alteration of any mechanical
equipment, machinery or process for any mechanical works, projects, or plants,
unless the designs, plans, layouts or specifications have
Been prepared by or under the responsible charge of, and duly signed and sealed
by a Professional Mechanical Engineer.
Likewise, proposals and operations for the supply and fabrication of mechanical
equipment, works, projects, plants, mechanical pollution abatement systems,
mechanical fire protection systems, pressurized pipes with a working pressure of
not less than 70 kPa, shall be duly signed and sealed by a Professional Mechanical
Engineer.
SEC.36.Practice Not Allowed for Firms and Corporations. -The practice of
mechanical engineering is a professional service, admission to which shall be
determined upon the basis of an individual’s personal qualifications.
No firm, company partnership association or corporation may be registered or
licensed as such for the practice of mechanical engineering:
Provided, however, That persons properly registered and licensed as mechanical
engineers may form and obtain registration with Security and Exchange
Commission of a firm, partnership or association using the term " Mechanical
Engineers", and or " Architect and Mechanical Engineers" but nobody shall be a
member, partner or associate unless he is a duly registered and licensed mechanical
engineer, and the members who are mechanical engineers shall only render work
and services proper for mechanical engineers as defined in this Act.
SEC. 37. Posting of Certificates. - The owner, manager, or other person in-charge
of any mechanical works, projects, or plants or one hundred (100) kw or more, of a
firm, co-partnership, corporation or joint-stock association, shall post or cause to
be posted in a conspicuous place within such plant of business, the original
certificate of registration of the engineer or engineers and of the certified plant
mechanic/s employed in such plant, in a frame protected by transparent glass or its
equivalent.
SEC. 38. Roster of Engineers and Mechanics. - A roster showing the names and
place of business of all registered professional mechanical engineers, mechanical
engineers and certified plant mechanics, shall be prepared by the Commission
which shall be made available to any interested parties upon formal written
request.
SEC.39.Foreign Reciprocity. No foreign mechanical engineer or mechanic shall be
allowed to practice mechanical engineering or to be given a certificate of
registration or be entitled to any of the privileges under this Act unless he can
prove in the manner provided by the rules of Court or by specific provisions of law
or regulations, that the country of which he is a subject or citizen, in the spirit of
reciprocity, permits Filipino mechanical engineers and/or mechanics to practice
within its territorial limits on the same basis as the subject or citizen of such
country or state.
SEC. 40. Enforcement of the Act by the Officers of the Law. -The professional
Regulation Commission shall be the enforcement agency of the Board. As such,
the commission shall implement the concerned provision of this Act, enforce its
implementing rules and regulations
As adopted by the Board, conduct investigations on complaints including
violations of the Code of Conduct of the professional and prosecute when so
warranted.
It shall be the duty of all duly constituted authorities through the officers of the law
of the national government, or any provincial, city or municipal government or any
political subdivision thereof, to enforce the provisions of this act and to prosecute
any person violating the same.
SEC.41. Qualification Requirements. - In a government or private institution where
a position requires a master's degree holder, a holder of professional mechanical
engineer licensee shall be eligible for the position. Likewise, where a position
requires a professional mechanical engineer's license, a holder of a master's or
doctorate degree in mechanical engineering, with registered mechanical engineer's
license shall be considered for the position.

ARTICLE V
PENAL AND CONCLUDING PROVISION
SEC.42.Penalties. - In addition to the administrative sanctions imposed under this
Act any person who violates any of the provisions of this Act and its rules and
regulations shall, upon conviction be penalized by a fine of not less than Fifty
thousand pesos (P 50,000.00) nor more than Two hundred thousand pesos (P
200,000.00), or imprisonment of not less than six (6) months nor more than three
(3) years, or both fine and imprisonment at the discretion of the court.
·SEC. 43. Implementing Rules and Regulations.-The oard shall formulate and issue
the implementing rules and regulations to carry out the provision of this Act.
SEC. 44. Funding Provisions. - Such sums may be necessary to cary out provisions
of this Act shall be included in the General Appropriations Act of the year
following its enactment into law and thereafter.
SEC. 45. Separability Clause. - If any section or portion of this Act shall be
declared unconstitutional or invalid, the same shall not invalidate all other sections
or portions not affected thereby.
SEC. 46. Repealing Clause.- Commonwealth Act. No. 294, as amended by
Republic Act No. 5336, is thereby repealed'and all other laws, parts
of law, orders, ordinances, or regulations relative to the practice.of mechanical
engineering which are inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.
SEC. 47. Transitory Provisions. --a) Mechanical Plant Engineers possessing valid
certificates of registration issued under Commonwealth Act. No.294 with BSME
degree shall, after the
approval of this Act. Register and be issued certificates as Professional Mechanical
Engineers to replace their original certificate of registration upon payment of the
required fees.
b) Faculty Members currently teaching mechanical engineering professional
subjects in universities, colleges, institutes or schools shall not be allowed to be
continue teaching after five (5) years from the approval of this Act, unless they are
or have become Professional Mechanical Engineers or at least Registered
Mechanical Engineers with Master's degree in Mechanical Engineering from duly
recognized and accredited universities, colleges, institutes or schools.
c) The present Boardshall continue to function in the interim until such time as the
new Board shall be constituted.
SEC.48.Effectivity Clause.- This Act shall take effect fifteen (15) days following
its publication in the Official Gazette or a major daily newspaper of general
circulation in the Philippines,whichever is earlier.
Approved.
JOSE DE VENECIA,JR. NEPTALI A.GONZALES
Speaker of the House of Representatives President of the Senate
This Act, which is a consolidation of Senate Bill No.1793 and House Bill No.9806
was finally passed by the Senate and the House of Representative on February 3,
1998 and January 28, 1998, respectivety.
ROBERTO P.NAZARENO HAZEL P.GACUTAN
Secretary General Secretary of the Senate
House of Representatives
Approved:February 12,1998
FIDEL V.RAMOS
President of the Philippines
Code of Mechanical Engineering Ethics in the Philippines
Pursuant to Section 9 of Commonwealth Act No. 294, as amended, otherwise
known as the Mechanical Engineering Law, this Code of Mechanical Engineering
Ethics is hereby adopted by the Board of Mechanical Engineering as part of the
Rules and Regulations governing the practice of Mechanical Engineering.
GENERAL PRINCIPLES
Rule 1. The mechanical engineer shall, in the practice of his profession, be
governed by the Golden Rule, the ideals of service to man and his environment,
and the indispensability of unwavering public confidence in his professional
competence, integrity and humanity.
Rule 2. The mechanical engineer shall maintain the proper pride for his profession,
observe the standards of professional practice, safeguard the dignity, welfare, and
reputation of his colleagues in the professions, and fulfill his duties and obligations
as a citizen of the Republic of the Philippines.
Rule 3. The mechanical engineer shall update and enhance constantly his
professional knowledge and skills through assiduous research and study, and
meaningful participation in continuing education programs and seminars
conducted or authorized by the Philippine Society of Mechanical Engineers or
educational institutions supervised by the State.
Rule 4. The ethical principle governing the mechanical engineer applies equally to
partnerships, firms and entities organized and existing for the practice of
mechanical engineering.
RELATIONS WITH THE STATE
Rule 5. The mechanical engineer shall honor and respect the supreme authority of
the State, the Rule of Law, the primacy of the general welfare, the fundamental
rights of persons, and the obligations and privileges of citizens recognized and
guaranteed by the Constitution of the Philippines.
Rule 6. He shall cooperate fully with the State in the pursuit of national
development plans and programs, the inviolability of national security, the
promotion of peace, and the prevention and/or prosecution of unjust, criminal or
unlawful acts and omissions.
Rule 7. He shall be ready to render the services needed for the adequate and
orderly development of the resources of the country, and to offer his mechanical
devices and inventions essential or necessary for national defense.
Rule 8. In a national emergency, he shall offer his professional knowledge, skill
and experience in the service of the State.
RELATIONS WITH THE COMMUNITY
Rule 9. The mechanical engineer shall be well-informed of the latest technological
progress in his own line of work. He shall encourage and require the use, or
application of standard mechanical equipment, machinery, or processes for safety,
economy and efficiency.
Rule 10. Whenever he designs a mechanical equipment, machinery or process, or
prepares the layout of a project, he must apply an adequate factor of safety, and
provide for the necessary leeway for proper operating and maintenance conditions.
Rule 11. When he discovers faulty or unsafe devices, equipment, or machinery in
any place, work or plant, he shall without delay, give notice thereof to the proper
authority, public or private, for the immediate and effective correction, regardless
of whether or not he is responsible for said place, work or plant.
RELATIONS WITH LABOR
Rule 12. The mechanical engineer shall recognize labor as one of the major
resources of our country. He must acknowledge that a working man is not a
mechanical robot but a human being.
Rule 13. He shall be familiar with the State policies on Labor and Social Justice, as
well as labor and social legislation and shall observe faithfully these policies and
laws in his dealings with labor in general, and with his workmen in particular.
Rule 14. He shall strive to improve the skills of his workmen, pay them a fair
living wage, and instruct them on how to prevent accidents in their place of work.
RELATIONS WITH CLIENTS AND EMPLOYERS
Rule 15. The mechanical engineer shall observe punctuality in his appointments,
perform honestly and in good faith his contractual obligation and his duties and
obligations to his client or employer, and observe fair dealing in his relations with
his clients and employers.
Rule 16. He shall treat with confidentiality any information obtained by him as to
the business affairs and technical methods or processes of a client or employer.
Rule 17. He shall inform his client or employer of his business connections,
interests, or affiliations which may influence his judgment, or impair the quality or
character of his services.
Rule 18. The mechanical engineer is entitled to a just and fair compensation for his
services. In the computation of such compensation, the period of time consumed,
his knowledge, skill, experience, and reputation, and the depreciation of
instruments and materials used, shall be considered and accorded such weight as is
just and reasonable.
Rule 19. He shall accept compensation, financial or otherwise, for his services
from his client or employer only. He may agree to, or receive compensation from
any other source only with the full knowledge and consent of all parties concerned.
Rule 20. The mechanical engineer shall be completely above suspicion or reproach
in his relation with his clients or employers, avoiding the remotest reference or
relation to any secret or questionable agreement on commissions or other financial
considerations promised by or received from any person or entity other than his
client or employer.
RELATIONS WITH COLLEAGUES AND ASSOCIATES
Rule 21. To thane own self be true and thou cannot be false to any man - expresses
the duty which a mechanical engineer owes to himself and to others.
Rule 22. The mechanical engineer shall use only fair means to gain professional
advancement. In the pursuit thereof he shall not injure the work or employment
opportunities of others or use any improper or questionable method of soliciting
employment or clientele.
Rule 23. He shall refrain from association with, or allowing the use of his name by,
any person or entity of questionable reputation.
Rule 24. He shall provide the opportunity and the means to improve and advance
the knowledge, skills, and experience of his colleagues and associates.
Rule 25. He shall define clearly the line of authority and scope of responsibility of
his associates and assistants. Orders, or the recall thereof, shall be issued through
proper channels.
Rule 26. He shall be receptive to new ideas and suggestions from others, and ready
to recognize, encourage, and accredit the authors thereof. Suggestions from
colleagues and associates shall be given more careful attention.
Rule 27. He shall use tact and discretion in dealing with his colleagues and
associates, but not at the sacrifice of firmness. He shall work out difficult problems
with courage and serenity.
Rule 28. Careful selection of understudies shall be a guiding principle, and
preference shall be given to those with adequate engineering education.
Rule 29. He shall not expect others to face danger that he himself will not face. He
shall observe at all times safety requirements for the protection of all concerned.
Rule 30. The mechanical engineer shall actively support the duly accredited
association with the end in view of enhancing the practice of the profession and
discharging his public responsibilities as professional.
PENAL PROVISIONS
Rule 31. Violation of any provision of this ,code which causes damage or injury to
another, shall be punishable by a fine of not more than Two hundred Pesos
(P200.00), or an imprisonment for not more than (2)months, or both, at the
discretion of the Court.
Rule 32. Violation of any provision of this Code shall likewise constitute unethical,
unprofessional and dishonorable conduct, and shall be dealt with under the
provisions of Sec. 42 of the Mechanical Engineering Act, R.A. No. 8495.
EFFECTIVITY
Rule 33. This Code shall take effect after approval by the Professional Regulation
Commission and after fifteen (15) days following its publication in the Official
Gazette.
Board of Mechanical Engineering
(SIGNED)
ANTONIO RO. HERRERA Chairman
FRANCISCO G. LUSOC Member
DONATO K. KARAMIHAN Member
Attested to:
CARLOS G. ALMELOR Secretary, Regulatory Boards
Approved:
Professional Regulatory Commission
HERMOGENES P. POBRE Commissioner
MARIANO A. MENDIETA Associate Commissioner
ALFONSO G. ABAD Associate Commissioner
Contracts and Specification
TECHNICAL SPECIFICATION A detailed description of technical requirements,
usually with specific acceptance criteria,stated in terms suitable to form the basis
for the actual design development and production processes of an item having the
qualities specified in the operational characteristics. GENERAL
CONSIDERATIONS:
1. The quantity,quality and characteristics of various materials to be used including
the possible lifetime of the material.
2. The usual and practicable methods of executing the work to be done at the
cheapest without sacrificing the ends to be achieved.
3. The methods ordinarily employed in the manufacture of the product or the
machine and in the construction,operation and maintenance of the plant or
structure.
NEED OF PREPARING AN OUTLINE
1. There is a need to prepare an outline by dividingthe work to be done in various
elements and by getting down in detail all materials and processes which must be
included.
2. The divisions may be further subdivided if necessary for clarity.
3. For some fundamental materials or processes, the qualities or operations for
each should be differentiated or classified.
4. It is advisable that the engineer should always have a notebook at hand when
thinking of an improvement.
TYPES OF SPECIFICATIONS
A. SIMPLE SPECIFICATION It is advisable only to simpler forms of labor and
simpler kinds of materials or supplies and machines which have become numerous
or complicated.
B. DETAILED SPECIFICATIONS It become mandatory as the design becomes
more elaborate and parts of the structure become numerous or complicated. The
specifications shall be complete and details should be placed clearly as to the
character of the materials, workmanship and design.
OTHER CONSIDERATIONS IN THE PREPARATION OF SPECIFICATION
1. Resorting to Published specifications
2. Modifying the requirements in the specifications
3. Use of standard materials and methods
4. Standard specifications prescribed by technical societies
5.Avoidance of exclusive specifications
6. Accessory and equipment
7.Test and guarantee
ASPECTS OF DESIGNS&SPECIFICATIONS FOR ENGINEERING WORK
1. General considerations
2. Undesirable practice
3. Design and false economy
4. Estimating the structure
OBLIGATION AND CONTRACT
MEANING OF OBLIGATION:
It is a juridical necessity to give, to do or not to do. The obligation to give is in
essence a real obligation because a physical thing is involved and delivery of the
same extinguishes the obligation.On the other hand, to do or not to do are personal
obligations . ex: to draw a plan of a house, or not to do a plan.
It comes from the Latin word obligare which means to bind through giving, doing
or not doing something.
It is a juridical necessity because the rights and duties emanating from obligation
may be enforced in courts of justice which may order their performance if refused
or neglected.
REQUISITES OF AN OBLIGATION:
1. Juridical tie or vinculum which is the link that binds the parties;
2. The prestation which is the giving, doing or not doing of something,
3. The active subject which is the person who holds the right to demand the
prestation, called obligee or creditor,
4. The passive subject which is the person against whom the prestation may be
demanded.
SOURCES OF OBLIGATIONS:
1.Law-Law is a rule of conduct, just, obligatory and laid down by the legitimate
authority for common observance and benefit. Without it,there will be no order in
the society which will which will be ruled by the maxim of what is might is right.
Thus, everyone is presumed to know the law,"as ignorance of the law excuses no
one"
2.Contracts-A contract is the meeting of minds between two persons whereby one
binds himself with respect to the other to give something or render some services.
The obligation arising from contracthas the full force of law between parties,hence
should be complied with in good faith.
3. Quasi-contracts - is a juridical relation arising from lawful, voluntary and
unilateral acts by virtue of which the parties become bound to each other even if
they have not consented to be obliged, to the end that no one shall be unjustly
enriched or benefited at the expense of another.
4. Acts or omissions punishable by law (Crimes)-are better known as crimes or
delicts, like homicide or damage to property through reckless imprudence. Under
the law a person who is convicted for a criminal offence may be imprisoned ,and in
addition, will be required to indemnify the heirs of the victim.
5.Quasi-delicts- is a legal wrong committed through fault or negligence causing
damage to a person or property thereby obliging the wrong doer to pay for the
damage done, provided that there exists no contractual relation between them.
FACTORS AFFECTING OBLIGATIONS:
1.Diligence required in the performance of an obligation
2.Rights to the fruits of the thing to be delivered
3.Rule when obligor incurs delay
4Liability of obligor for fraud, negligence, delay, etc.
5.Liability arising from fortuitous events
KINDS OF OBLIGATIONS:
1.Pure obligation- one which is not subject to any condition or burden and whose
fulfillment is neither dependent upon a future or uncertain or even a past event
unknown to the parties, hence, immediately demandable.
2. Conditional obligation-is one whose performance is subject to a condition which
may either be suspensive or resolutory in effect.A suspensive condition is one
which upon fulfillment gives rise to the obligation dependent upon it.
3. Obligation with a period - is one in which a day certain has been fixed for its
fulfillment.
4. Alternative and facultative-alternative obligation is one where various
prestations are due but the performance of on usually chosen by the obligor, is
sufficient while
in facultative obligation,only one prestation is due but the obligor or debtor may
substitute another inlieu of the prestation due.
5. Joint and solidary-Joint Obligation is one where the entire obligation is to be
fulfilled proportionately by the various obligors or debtors, and each one of the
obliges or creditors is entitled and can demand a proportionate part of the credit
due from each of them while Solidary obligation is exactly the opposite of a joint
obligation in the sense that each of the solidary debtors is liable for the entire
obligation as long as the same has not been performed,and each of the creditors can
demand compliance.
6. Divisible and indivisible - a divisible obligation is one capable of being
performed partially while indivisible obligation is the exact opposite of divisible
obligation as no partial performance is permitted.
7. Obligation with a penal clause-an obligation which contains an accessory
undertaking to assume a greater liability in case of breach. The penal clause is
attached to the principal obligation to insure its fulfillment.
MODES OF EXTINGUISHING OBLIGATION:
1. By payment or performance - this mode consists not only of delivery of money
but also the performance of an obligation in any other manner.
2.By loss of the thing due-the thing due is considered lost when it perishes, or goes
out of commerce, or disappears in such a way that its existence is unknown or
cannot be recovered.
3.By condonation or remission of the debt- It is an act or liberality by which the
oblige,who receives no price or equivalent thereof, renounces the enforcement of
an obligation, which is extinguished in whole or in part.
4.By confusion or merger of the rights of creditor & debtor-This mode takes place
when the qualities of the obligor and that of the oblige meet in one person,the
effect of which generally extinguishes the obligation.
5. By compensation - it takes place when two or more persons,in their own rights
are creditors and debtors to each other.
6.By novation-Novation is the change,substitution, or renewal of an obligatory
relation,with the intention of extinguishing or modifying essentially the former,
debitum pro debito. (new debt for an old debt)
DEFINITION OF A CONTRACT:
It is the meeting of the minds between two persons whereby one binds
himself,with respect to the other,to give something or to render some service.
CONTRACT DIFFERENTIATED FROM AGREEMENT:
Contract is often times used interchangeably with the term agreement.
A contract forms a subdivision of the genus agreement from which follows
that,while every contract is based on agreement, not every agreement is a contract.
In order for an agreement to qualify as a contract, the parties much have clearly
intended to be bound by legal tie.Moreover, a contract when breached can be
enforced in court, not in the case of an agreement
STAGES OF A CONTRACT:
1. Preparation or conception - it starts from the inception and negotiation that may
lead to the parties coming to the terms of the contract.
2.Perfection or birth-marks the time the parties agree upon the object or subject
matter and the cause or consideration of the contract.
3. Consumation or termination- it is simply the implementation of the terms of the
contract,and simultaneous documentation in formal ones
CLASSIFICATION OF CONTRACTS:
1.Express and implied contracts-a contract is express when the intent of the parties
is shown by words which may be verbal or written, whereas, a contract is implied
when theintent is manifested by the conduct or behavior of the parties
2.Unilateral and bilateral contracts-In a unilateral contract,only one of the parties
has an obligation,as in commodatum or gratuitous deposit,while, in bilateral
contract, both parties are bound as in a contract of sale.
3.Consensual and real contracts- A consensual contract is one perfected by mere
consent as in a contract of sale,whereas,a real contract is one perfected or
completed by the delivery of the thing which is the object of the contract, as in
pledge,deposit, and commodatum.
4.Executed and executory contracts- An executory contract is one which is not yet
implemented as where none of the parties has performed the prestation or only a
part thereof has been performed by each party.
5.Nominate and innominate contracts-Nominate contracts are those which the law
gives a special name as in contract of agency,sale,partnership etc. while those
without designation are called innonimate contracts.
REQUISITES OF CONTRACT:
1. Consent of the contracting parties
2. Object certain which is the subject matter of the contract
3.Cause of the obligation which is established
DEFINITION:
CONSENT- is the conformity of wills of the contracting parties upon the object
and cause as well as to the other terms and conditions of the contract
OBJECT CERTAIN-all things which are within the commerce of man including
future things having potential existence, rights which are not intransmissible and
services which are
not contrary to law,morals,good customs, public order and policy, and not
impossible of
compliance maybe the object of a contract.
CAUSE OR CONSIDERATION- is the immediate, direct and proximate reason
why a party
enters into the contract and without which the contract becomes a nullity.The cause
may
be either be onerous,remuneratory or gratuitous.
PREPARING THE CONTRACT
POINTS TO RECKON IN CONTRACT WRITING:
Before drafting the contract,the engineer,should among others,be aware of the
following:
1. The need of the client
2. The terms and conditions desired including the subject matter and considerations
of the contract
3.Legality of the contemplated contract
PARTS OF A CONTRACT
1. TITLE OF CONTRACT-The title of the contract is usually at the top of the
document and generally derived from the agreement or dictated by the parties to
the contract or their representatives.
2. SALUTATION-This part is merely placed for the purpose of style; and usually
to impress the parties and the public who may glance or read the contract. Offen,
this is worded in bold letters at the left top,reading:KNOW ALL MEN BY THESE
PRESENTS:
3.
THE BODY-The body is that part which identifies the contracting parties,whether
natural or juridical persons as well as their intention to be bound on the objects and
cause as well as to the other terms and conditions and usually presented in the
following order:
a. INTRODUCTION OF THE PARTIES AND THE AGREEMENT.This
part,which is usually worded,describes the parties and states what the agreement is
all about. In difficult and complicated multi-party transactions or
agreement,however,and to provide a better and easier understanding of the identity
and intention parties and what the contract is “WHEREASES" are provided to
serve as a preamble to the contract.
b. TERMS AND CONDITIONS. This specifies in detail the terms and conditions
as intended by the parties,usually covering the following:
i.The subject matter which may be determinate things, rights or services and the
course or considerationof the contract.
ii. The mechanics of what,where,when and how,and why in some cases,and other
details regarding the object to be delivered or to services to be rendered.
c. DISPOSITIVE CLAUSE.This part usually reading “IN WITNESS
WHEREOF",we have hereunto set our signature etc." is the affirmation of the
parties to be bound by the contract.
d. DATE AND PLACE OF EXECUTION.The date and place of execution is the
reference to when and where the contract has been perfected.
SIGNATURES OF THE PARTIES.The signatures of the parties or their legal
representatives are proofs of their consent and give binding effect thereto as
without the same instrument would just be an ordinary writing.
5.NOTARIAL ACKNOWLEDGEMENT
MATTERS USUALLY EMBODIED IN ENGINEERING CONTRACTS
The following are generally contained in many engineering contracts:
1. Workmanship according to agreed plans and specifications
2. Materials which must be the agreed quantity and quality
3. Responsibility on compliance with legal requirements
4. Control and Supervision of the work by the engineer to fairly insure the
accomplishment of the project.
5. Bonds that must be put up to secure the performance of the contract and other
liabilities to which the client-owner may be exposed
6. Contract modification of rescission for willful breach of the terms and
conditions of the contract
7. Risk or additional cost or penalty by reason of defective workmanship
8. Mode and conditions for payment.

OTHER ENGINEERING DOCUMENTS: