che 555 code of ethics
TRANSCRIPT
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THETHE ChEChE LAW OF 2004LAW OF 2004
andand
ChEChE CODE OF ETHICSCODE OF ETHICS
By:By:
QUISUMBING, NICO N.QUISUMBING, NICO N.
NOV. 15, 2011NOV. 15, 2011
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THE CHEMICAL ENGINEERING
LAW OF 2004
CHE LAW OF 2004.DOCX
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Republic Act No. 9297
AN ACT REGULATING THE PRACTICE OF
CHEMICAL ENGINEERING AND REPEALING
FOR THIS PURPOSE REPUBLIC ACT
NUMBERED THREE HUNDRED AND EIGHTEEN
(R. A. NO. 318), OTHERWISE KNOWN AS "THE
CHEMICAL ENGINEERING LAW"
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ARTICLE 1: TITLE, STATEMENT OF POLICY,
DEFINITION OF TERMS AND SCOPE OF
PRACTICE
Section 1. Title. - This Act shall be known as
"Chemical Engineering Law of 2004.
Section 2. Statement of Policy. It ishereby
declared the policy of the State to supervise and
regulate the practice of chemical engineering vital to
national development, upgrade chemical engineeringeducation in order to ensure that our chemical
engineersare at par with the best in the world, and
to reserve the practice ofsuch profession to Filipino
citizens.
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Section 3. Definition of Terms. Practice of chemical
engineering shall mean the rendering or offering ofprofessional chemical engineering service for a fee,
salary, reward or compensation, paid to him or
throughanother person, or even without such
reward or compensation.The term shall besynonymous with the term ""rendering chemical
engineering service."
(a)Industrial plantshall mean any plant in whichaunit
processand/or operationsare involved, including therelated pollution controland abatement processes or
operations.
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(b) Unit process shall mean the chemical change whichis
involved in the manufacture ofindustrial or consumerproducts or the treatment ofindustrial or chemical wastes.
(c) Unit operation shall mean the physical operation by
whicha desired step in an industrial processis 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,
humidification, extraction, leaching, mixing and dispersion,
separation, i.e. filtration, screening, molecular sieving andcoalescing.
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Section 4. Scope of Practice. Professional chemical
engineering service shall embrace the followingsimilar servicesin relation to industrial plants:
(1) Consultation requiring chemical engineering
knowledge, skilland proficiency;
(2)Investigation; (3) Estimation and/or valuation;
(4)Planning;
(5)Preparation of feasibility studies;
(6) Designing;
(7)Preparation ofspecifications;
(8) Supervision ofinstallation;
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(9) Operation, including quality management; but
excluding chemicalanalysisand operation of the chemical
laboratory; and
(10)The teaching, lecturing and reviewing of professional
chemical engineering subjectsin the curriculum of the
Bachelor of Science in Chemical Engineering degree or a
subject in the Chemical Engineering licensure examinationgiven in any school, college, university or any other
educationalinstitution shall be considered a professional
chemical engineering service.
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ARTICLE II: CREATION OF THE
PROFESSIONAL REGULATORY BOARD FORCHEMICAL ENGINEERS
Section 5. Composition of the Board. There shall be created
a Board of Chemical Engineering, hereinafter referred to as
the Board, under the administrative controland supervision
of the Professional Regulation Commission, hereinafter called
Commission, composed of a Chairman and two (2) members
to be appointed by the President of the Philippines from
among those recommended by the Commission from thenominees of the duly integrated and accredited national
organization of chemical engineers.
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Section . Powers andDuties of the Board. The
Board shallhave the following powersand duties.
(a) Supervise and regulate the practice of the chemical
engineering profession;
(b) Determine and evaluate the qualifications of the
applicants for registration;
(c)Prescribe the subjectsin the licensure examination;determine the syllabi of the subjectsand their relative
weights; construct the test questionsin the examination;
score and rate the examination papers; and submit the
examination results to the Commission;
(d)Issue together with the Commission, Certificates of
Registration and ProfessionalIdentification Card to
applicants who have passed the licensure examinations for
registered chemical engineers;
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(h) Adopt rulesand regulations for the practice of chemical
engineering;
(i) Adopt a Code of Ethicsand a Code ofTechnical
Standards for the practice of chemical engineering;
(j)Investigate, in accordance with the rules on
administrative investigation promulgated by the
Commission, (k)Issue subpoenaand subpoena duces tecum to secure
the attendance of witnesses or the production of
documentsin connection withany administrative case
before the Board; (m) Administer oathsin connection with the performance
ofits functions;
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(l) Hear and decide administrative cases filed against
chemical engineersand firms employing chemical
engineers.The hearing shall be presided by the Chairmanor a Member of the Board with the assistance ofan
Attorney of the Commission. Any decision shall be
concurred in by at least a majority of the Board. Decisions
of the Board may be appealed to the Commission withinfifteen (15) days from notice, otherwise such decisions
shall become finaland executory;
(n) Adopt an officialsealand prescribe the seal of the
chemical engineering profession;
(o) Submit an annual report on the proceedingsand
accomplishments during the year and/or
recommendations of the Board to the Commission thirty
(30) daysafter the close of each calendar year;
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(p)Prosecute or institute criminalaction against any
violator of this Act and/or rulesand regulations of theBoard;
(q)Prescribe guidelinesand criteria on the Continuing
Professional Education (CPE) program for chemical
engineersin consultation with the integrated and
accredited chemical engineering organizations; and
(r)Perform such other functionsas may be necessary in
order to implement the provisions of this Act.
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Section 7. Qualifications of the BoardChairman and
Members. The Chairman and Members of theBoard must, at the time of the appointment shall be;
(a) A natural-born Filipino citizen and resident of the
Philippines;
(b) At least aholder ofa bachelors degree in chemicalengineering or its equivalent, as conferred by an
engineering school of good standing, recognized and
accredited by the Government;
(c) A registered chemical engineer who has been in active
practice for at least ten (10) years;
(d) A member of good standing of the integrated and duly
accredited national chemical engineering profession; and
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(e) A person who does not have any pecuniary interest,
directly or indirectly in any university, college, school or
institution conferring an academic degree necessary foradmission to the practice of chemical engineering or
where review classesin preparation for the licensure
examination are being offered or conducted; nor shallhe
be a member of the faculty or of the administration
thereofat the time ofhisappointment to the Board.
Section 8. Term of Office. The Chairman and the
Members of the Board shallhave a term of three (3)
years only, with reappointment.The Chairman and
Membersshallqualify by taking the proper oath
prior to assumption of office.
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Section 9. Secretary of the Board. The Board shall
have a Secretary, appointed by the Commission, who
shall record the minutes ofits meetingsand performsuch other functionsas the Board may require.The
Commission shall provide for compensation of the
Secretary.
Section 10. Removal/Suspension of the Chairman
and Members. - The Chairman or any Member of the
Board may be suspended or removed by theCommission for neglect of duty, incompetence,
commission or tolerance ofirregularitiesin the
licensure examination, malpractice or unprofessional
or unethical conduct.
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Section 11. Compensation of the Board. The
Chairman and Members of the Board shall receive
such compensation or honorarium as may be
prescribed by the rulesand regulations of the
Commission.
Section 12.
Annual
Report.
The Secretary shallprepare an annual report for the consideration and
approval of the Board.The Board shallsubmit an
annual report to the Commission after the close of
each fiscal year giving a detailed account of theproceedings of the Board during the year and
embodying such recommendations to the
Commission as the Board may desire to make.
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ARTICLE III: LICENSURE EXAMINATION
AND REGISTRATION Section 13. Examination Requirement. All
applicants for registration for the practice of
chemical engineering shall be required to pass the
licensure examination prescribed herein.
Section 14. Holding ofExamination. Examination
of candidates desiring to practice chemical
engineering shall be given twice each calendar year
on the datesand venues prescribed by the
Commission. Such examination shall be conducted by
the Board.
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HowTo Apply ForThe Examination?
STEP1 Secure Application Form from the PRC Customer Service
Center (CSC)and accomplish the same
STEP2
Submit the Application Form for processing and evaluation
at any of the Processing Windows together with the
following:
Originaland photocopies ofTranscript of Records with
Special Order and Date of Graduation with SCANNEDPICTURES AND WITH REMARKS FOR BOARD
EXAMINATION PURPOSES ONLY.
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Originaland photocopy of NSO-issued Birth Certificate (if
NSO copy is not clear, bring copy from the Local Civil
Registrar). Originaland photocopies of NSO-issued Marriage Contract
(for married female only; if NSO copy is not clear, bring
copy from Local Civil Registrar).
Four (4) passport size colored picturesin white backgroundwith complete name tag.
Current Community Tax Certificate (Cedula)
Other specific requirementsas required by the
Commission or the Professional Regulatory Board.
NOTE: Secure the following from the processorupon approval
of yourapplication:
Permanent Examination and Registration Record card (PERRC)
Notice of Admission (NOA)
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STEP3
Pay examination fee at any Cashier Window. Get Official
Receipt. Baccalaureate Degree - P900.00
Non-Baccalaureate Degree - P600.00
Removal- P450.00
STEP4
Pay for metered documentary stampsand mailing
envelope with metered documentary stampsat the CSC.
STEP5
Accomplish the PERRC and NOA.Indicate the Application
Number, Official Receipt number, date, and amount on the
Notice of Admission.
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STEP6
Proceed to any of the
Issuance Windows(Window 9, 10,
11, 12) for final review ofqualificationsand documents
and issuance of NOA, Program of Examination, Examinee's
Kit and Self-Instruction Sheet.
STEP7
Keep the Notice of Admission and Official Receipt. Bring
these with you on the first day of the examination. For
further information, read the GeneralInstructionsat the
back page of the NOA, Program of Examination,Examinee's Kit and Self-Instruction Sheet.
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STEP8
Bring your NOA when you verify with the PRC your
school/building assignment which will be posted at the
PRC premises two (2) or three (3) working days before the
examination date.
Section 15. Scope ofExamination. The licensure
examination shall cover, but shall not be limited to,
the following subjects: Physicaland Chemical
Principles; General Engineering; and ChemicalEngineering: Provided, That the relative weight of
Chemical Engineering is not less than forty per
centum (40%).
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Section 16. Qualifications forExaminations. Any
person applying for admission to the chemical
engineering examination must have the following
qualifications:
(a)That he/she isa citizen of the Philippines;
(b)That he/she is of good moral character;
(c)That he/she isa graduate ofaschool, institute, college
or university recognized by the Government and has been
conferred the degree of Bachelor of Science in Chemical
Engineering or its equivalent; and
(d)That he/she has not been convicted ofan offense
involving moral turpitude by a court of competent
jurisdiction.
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Section 17. Examination Fees. Every applicant
admitted to take the chemical engineering
examination shall pay such feesas may be prescribed
by it before he or she isallowed to take the
examination.
Section 18. Report ofRating. The Board shall
complete the correction of examination papers
within twenty (20) days from the last day of the
examination.The Commission shall report the ratingof examinees not more than thirty (30) daysafter the
Board has completed the correction of examination
papers.
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Section 19. Issuance ofCertificate ofRegistration
and ProfessionalIdentification Card. The
Commission enter in the Roster of Chemical
Engineers, and issue a Certificate of Registration and
ProfessionalIdentification Card to each person who
obtained a generalaverage of no less than seventy
per centum (70%)and a rating of no less than fifty
per centum (50%)in any examination subject.
A professionalidentification card bearing the signature,
number, date ofissuance, expiry date, duly signed by the
Chairman of the Commission shalllikewise be issued to
every registrant who has paid the prescribed fee.
..\Downloads\PIChE_ID_application_form.pdf
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Section 20. Seal ofRegisteredChemicalEngineer.
Each chemical engineer shall, upon registration,obtain asealas prescribed by the Board bearing the
registrants name, registration number and the
legend "Registered Chemical Engineer.
Section 21. Fees forRegistration. Every person
issued a Certificate of Registration asa registered
chemical engineer shall pay to the Commission such
feesas the Commission may prescribe.
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Section 22. Exemptions from Registration.
Registration shall not be required of the following
personsupon proper application for exemption with
the Board:
(a) Foreign chemical engineers recognized as expertsin
their specific fields of chemical engineering, called in by
the Republic of the Philippines for consultation or for aspecific design, installation or project: Provided, That their
practice shall be confined to such work; and
(b) Foreign chemical engineers, who have distinguished
themselvesin their respective fields ofspecialization,contracted as professors or lecturers on chemical
engineering subjects by Philippine schools, or colleges,
institutes or universities on a direct hire or exchange basis,
subject to verification of credentials by the Board.
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Section 23. Suspension orRevocation ofCertificate
ofR
egistration andC
ertificate ofC
ompliance.
Anyof the following shall be sufficient ground for the
suspension or revocation ofa Certificate of
Registration:
(a) Any act of misrepresentation in connection withanalleged performance of chemical engineering devices;
(b) Actsinimical to the chemical engineering profession;
and
(c) Grossimmorality or commission ofany act involving
moral turpitude.
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Section 24. Reissuance ofRevokedCertificate of
Registration orCertificate ofCompliance andReplacement of LostCertificates. The Board may,
for reasonsit may deem sufficient and upon proper
petition, reissue revoked Certificates of Registration
or Certificates of Compliance.
A new Certificate of Registration or Certificate of
Compliance may be issued to replace alost,
destroyed or mutilated Certificate, subject to the
rulesand regulations of the Board, and upon
payment of the appropriate fees to the Commission.
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ARTICLE lV: PRACTICE OF CHEMICAL
ENGINEERING
Section 25. VestedRights. Automatic Registration
of Chemical Engineers.- All chemical engineers who
are registered at the time this Act takes effect shall
automatically be registered. Section 26. Who May Practice Chemical
Engineering. Except as may be provided in this Act,
only persons properly licensed and registered may
practice chemical engineering.
No firm, partnership, corporation or association may be
licensed and registered assuch for the practice of chemical
engineering
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Section 27. Prohibition in the Practice ofChemical
Engineering.
No person shall practice chemicalengineering or render chemical engineering service
without a valid certificate of registration and a valid
professionalidentification card. Any person who shall
commit the following actsshall be guilty ofmisdemeanor:
(a)Practice chemical engineering or render chemical
engineering services, or passhimself off or advertise
himselfasa chemical engineer without a valid certificate
of registration or when suchhas been suspended or
revoked;
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(b) Attempt to use ashis own the certificate or seal of
another person or impersonate any registered chemical
engineer; or
(c) Furnish the Board or Commission any false information
or document in order to secure a Certificate of
Registration.
Section 28. Roster ofChemicalEngineers. - The
Commission shall keep a roster ofall duly licensed
and registered chemical engineers, stating their
names, registration numbersand places of business.
The Commission shall regularly update such roster
and make it available to allinterested parties.
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Section 29. Submission ofDesigns and
Specifications for Government
Approval.
Anyproposal, design, specification, working drawings or
plan for an industrial plant or any part thereof
submitted to any government agency, national or
local, including government-owned or controlledcorporations, shall not be processed or approved,
nor shallsuch plan be issued any permit, license,
franchise, authorization or certification unlesssuch
proposal, design, specification, working drawing orplan issigned by a registered chemical engineer,
with his seal and registration number affixed
thereto.
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Section 30. Foreign Reciprocity. No foreign
chemical engineer shall be granted any of the right orprivilege under this Act unless the country of which
he isasubject or citizen grants the same or similar
rights or privileges to Filipino chemical engineers.
Section 31. Act NotAffecting Other Professions.
This Act shall not be construed to affect or prevent
the practice ofany other lawfully recognized
profession.
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Section 32. Indication of License Number and
Privilege TaxReceipt Payment. The chemicalengineer shall be required to indicate his Certificate
of Registration, ProfessionalIdentification Card
Number, Date ofIssuance and the duration of
validity, including the Privilege Tax Receipt (PTR) onthe documentshe signs, uses or issuesin connection
with the practice ofhis profession.
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Section 33. Membership in the Integrated and
Accredited Professional Organization. There shallbe an integrated national organization of chemical
engineers duly accredited by the Board and the
Commission. A chemical engineer duly registered
with the board shall automatically become a memberof the accreditedorganization, and shallreceive the
benefits appurtenant thereto upon paymentof the
required fees and dues.
Membership in the integrated and accredited nationalorganization shall not be a bar to membership in other
associations of chemical engineers.
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ARTICLE V: GENERAL PROVISIONS
Section 34. PenalClause. Any person who shall
violate any of the provisions of this Act shall be guilty
of misdemeanor and shall, upon conviction, be
sentenced to a fine ofnot less than Ten thousandpesos (P10,000.00) nor more than One million
pesos (P1,000,000.00) or imprisonment for a period
of not less than six (6) months nor more than five
(5) years or both at the discretion of the court.
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Section 35. EnforcementAssistance to the Board.
The Board shall be assisted by the Commission in
carrying out the provisions of this Act and its
implementing rulesand regulationsand other
policies.The lawyers of the Commission shallact as
prosecutorsagainst illegal practitionersand otherviolators of this Act and its rules.The duly
constituted authorities of the government shall
likewise assist the Board and the Commission in
enforcing the provisions of this Act and its rules.
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Section 36. Implementing Rules andRegulations.
Subject to the approval of the Commission, theBoard shalladopt and promulgate such rulesand
regulationsincluding the Code of Ethics andCode of
Technical Standards forChemical Engineers to carry
out the provisions of this Act, whichshall be effectiveafter thirty (30) days following their publication in
the Official Gazette or in a major newspaper of
general circulation.
Section 37. SeparabilityClause. Ifany section of
this Act shall be declared unconstitutional or invalid,
suchshall not invalidate any other section of this Act.
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Section 38. Repealing Clause. Republic Act No.318
ishereby repealed and all other laws, decrees,orders, rulesand regulations, ordinances, and other
issuances or parts thereof whichare inconsistent
with this Act are hereby superseded, repealed or
amended accordingly.
Section 39. Effectivity. This Act shall take effect
fifteen (15) days following its publication in the
Official Gazette or in any major newspaper of generalcirculation.
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THE CHEMICAL ENGINEERING
CODE OF ETHICS
CODE OF ETHICS[1].PDF