Republic Act No. 10687 - “Unified Student Financial Assistance System for Tertiary Education (UniFAST) Act”.

See - Republic Act No. 10687 | Official Gazette of the Republic of the Philippines

[ Republic Act No. 10687 ]

AN ACT PROVIDING FOR A COMPREHENSIVE AND UNIFIED STUDENT FINANCIAL ASSISTANCE SYSTEM FOR TERTIARY EDUCATION (UniFAST), THEREBY RATIONALIZING ACCESS THERETO, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

ARTICLE I

TITLE, POLICY, OBJECTIVES, DEFINITIONS OF TERMS, SCOPE AND COVERAGE

SECTION 1. Short Title. – This Act shall be known as the “Unified Student Financial Assistance System for Tertiary Education (UniFAST) Act”.

SEC. 2. Declaration of Policy. – It is the declared policy of the State to promote social justice and pursuant thereto, provide all its citizens access to quality education. Towards this end, the State shall provide adequate funding and such other mechanisms to increase the participation rate among all socioeconomic classes in Tertiary Education, especially the poor but academically able and highly motivated students. This policy should enable them to successfully pursue and complete Tertiary Education programs in quality institutions, thereby promoting equitable and Rationalized Access by poor Filipinos to quality Tertiary Education.

The existing publicly-funded national government programs for Scholarships, Grants-in-Aid, and Student Loans for Tertiary Education are hereby unified and harmonized to improve their efficiency and to ensure that deserving Filipinos are given equitable access to educational opportunities.

SEC. 3. Objectives. – The objectives of this Act are as follows:

(a) To allocate and utilize properly all government resources intended for students through effective beneficiary-targeting;

(b) To ensure consistency, continuity, and efficient coordination of student financial assistance policies and programs;

(c) To ensure regional, equity in the distribution of student financial assistance slots;

(d) To produce a pool of highly qualified graduates and technical experts who will contribute to the country’s high-level labor force through merit and talent-based Scholarships;

(e) To facilitate access to quality education through Grants-in-Aid for students belonging to marginalized sectors; and

(f) To assist students with liquidity issues through Student Loans.

SEC. 4. Definition of Terms. – For purposes of this Act:

(a) Beneficiary refers to the recipient of any modality of Student Financial Assistance Program (StuFAP), such as Scholarship, Grant-in-Aid, or Student Loan;

(b) Cost of Tertiary Education refers to (1) tuition, miscellaneous and Other School Fees, (2) Educational Expenses, and (3) the cost of living allowance;

(c) Educational Expenses refer to expenses related to the education of a student, such as books, school supplies, and electronic devices necessary for education, but excluding tuition and miscellaneous and Other School Fees;

(d) Grantee refers to the student-beneficiary of a Grant-in-Aid program;

(e) Grant-in-Aid refers to a modality of financial assistance to poor but eligible students which generally requires a minimum level of competence to complete Tertiary Education;

(f) Higher Education refers to the stage of formal education, or its equivalent, requiring completion of secondary education and covering programs of study leading to bachelor and advanced degrees;

(g) Higher Education Institution (HEI) refers to an institution of higher learning, primarily offering bachelor and advanced degree programs;

(h) Other School Fees refer to those fees which cover other necessary costs supportive of instruction, including, but not limited to, medical and dental, athletic, library and laboratory fees;

(i) Qualifying Examination System for Scoring Students refers to the appropriate annual examination and assessment of potential Beneficiaries, which may be separately designed for undergraduate and graduate students and adopted by the Board for all prospective applicants for any one of the modalities of StuFAP, as referred to in Section 15(h);

(j) Rationalized Access refers to improved efficiency in the implementation of UniFAST pursuant to the principles of increased participation of the economically disadvantaged and marginalized sectors, equity in the regional distribution of economic resources, congruence of the qualifications of Tertiary Education graduates and labor market needs, and relevance to the country’s national development and global competitiveness, among others;

(k) Registry of Programs and Institutions refers to quality-assured academic and research programs and tertiary institutions which have been certified by the Commission on Higher Education (CHED) and/or the Technical Education and Skills Development Authority (TESDA) as complying with acceptable standards;

(l) Scholar refers to a student-recipient of a Scholarship grant based on merit and/or talent;

(m) Scholarship refers to a modality of financial assistance given to eligible students on the basis of merit and/or talent, such as laudable academic performance, and special technical proficiencies and skills and intellectual pursuits of a Scholar that give rise to research and development, and innovations as well as other creative works;

(n) Special Purpose Education Assistance refers to financial assistance for the conduct of undergraduate and graduate research, scientific studies, including funding assistance for the writing and publication of books, manuscripts, theses, dissertations, scientific and technical journals, or for production, filming and digital technology documentation of research and studies or development of instructional and academic materials, and science prototypes, among others;

(o) State Universities and Colleges (SUCs) refer to public HEIs established by national laws which are financed and maintained by the national government, and are governed by their respective independent boards of trustees or regents;

(p) Student-Borrower refers to a student-beneficiary of the National Student Loan Program, as defined in Section 8;

(q) Student Financial Assistance Program (StuFAP) refers to a system of Scholarships, Grants-in-Aid, Student Loans, subsidies and other incentives which are or shall be made available to eligible students;

(r) Student Loan refers to a modality of student financial assistance consisting of short-term or long-term loans which shall be extended to students facing liquidity problems, regardless of economic status, which shall be paid by the student, his/her parents, guardians, or co-makers;

(s) Technical-Vocational Education and Training (TVET) refers to the post-secondary education or training process which involves, in addition to general education, the study of technical and related fields and the acquisition of practical skills relating to occupations in various sectors, comprising formal (organized programs as part of the school systems) and nonformal (organized classes outside the school system) approaches;

(t) Technical-Vocational Institutes (TVIs) refer to learning institutions offering post-secondary TVET;

(u) Tertiary Education refers to the stage of education following the secondary cycle which subsumes post-secondary nondegree diploma, TVET, and Higher Education programs; and

(v) Unified Student Financial Assistance System for Tertiary Education (UniFAST) refers to the harmonized, state-run and administered system of Higher Education and technical-vocational Scholarships, Grants-in-Aid, Student Loans, and other modalities of StuFAP under this Act.

SEC. 5. Scope and Coverage of the UniFAST. — The UniFAST shall consist of all existing modalities of StuFAPs for Tertiary Education and Special Purpose Education Assistance in both public and private institutions, including Scholarships, Grants-in-Aid, Student Loans and government programs in partnership with other stakeholders, among others, and which are nationally funded and/or implemented by national and local government agencies, branches and instrumentalities. A student enrolling in Tertiary Education, whether in public, private, national or local institutions, can avail of any one (1) or more of the said modalities of StuFAP.

The UniFAST under this Act shall harmonize, reform, strengthen, expand, rationalize, and re-focus all legislated or ongoing StuFAPs of the government for greater efficiency, coherence, synchronization, effective funding, and improved coordination among implementing entities in their specific jurisdiction: Provided, That nothing in this Act shall prevent the continuation of effective programs implemented by other government agencies or of state-funded StuFAPs with specific and targeted Beneficiaries such as existing technical-vocational Scholarship programs under the TESDA, Scholarships under the Indigenous Peoples Rights Act (IPRA), the National Agriculture and Fisheries Education System (NAFES), Agriculture Competitiveness Enhancement Fund Scholarship (ACEFS), the Science and Technology Scholarship Act of 1994, the Fast-Tracked S&T Scholarship Act of 2013, the Expanded Government Assistance to Students and Teachers in Private Education (E-GASTPE) Act, Student Grants-in-Aid Program for Poverty Alleviation (SGP-PA) of the CHED and the Department of Social Welfare and Development (DSWD) which shall continue to be under the jurisdiction of the agencies currently responsible for their design and implementation: Provided, further, That the beneficiary-targeting and standards for selection and retention and awards shall be compliant with the overall policies on quality, sustainability and efficiency set by the Board: Provided, finally, That the relevant government agencies shall submit an annual report on the implementation of their StuFAPs to the UniFAST Board.

The above provisions notwithstanding, all other requirements mentioned herein shall be complied with upon the approval of the Implementing Rules and Regulations of this Act.

ARTICLE II

MODALITIES OF StuFAPS

SEC. 6. Scholarship. – A unified, improved, and expanded government-funded Scholarship program shall be instituted to promote an environment conducive for the development of bright and talented students to serve the public good and enlarge the pool of world-class Filipino researchers, artists, innovators, thinkers, and leaders.

The Board shall formulate and establish the policies and mechanisms for the identification of Beneficiaries based on objective indicators derived from credible databases, including students whose families are Beneficiaries of the poverty alleviation programs of the government: Provided, That Beneficiaries under the Iskolar ng Bayan Act shall be prioritized.

The financial amount for Scholarships shall be determined by the Board, taking into consideration the actual cost of various programs in the top public and private HEIs: Provided, That the financial amount for Scholarships shall not exceed the actual Cost of Tertiary Education.

SEC. 7. Grant-in-Aid. – To improve equity and facilitate democratic access to quality education given income poverty and inequity, Grants-in-Aid shall be made available to students belonging to poor families and marginalized sectors.

The Board shall formulate and establish the policies and mechanisms for the identification of Grantees based on objective indicators derived from credible databases, including students whose families are Beneficiaries of the poverty alleviation programs of the government.

The financial amount comprising Grants-in-Aid shall be determined by the Board, taking into consideration the actual cost of various programs in the top public and private HEIs.

SEC. 8. National Student Loan Program. — The Board shall pursue a long-term plan for the development of a self- sustaining National Student Loan Program (NSLP) which shall provide qualified students short-term and long-term financial assistance for Tertiary Education. This plan shall be based on a systematic evaluation of lessons learned from current and past Student Loan schemes, both local and international.

To achieve this, the Board shall endeavor to ensure the professionalization of the NSLP’s management, the establishment of an appropriate organizational setup that shall best implement the Program, and the institution of accountability mechanisms, sanctions and incentives conducive for the effective and efficient collection of loan repayments.

The Board shall explore different processes, including systematic testing and rigorous evaluation of methods to be undertaken to minimize the risk of non-repayment of loans and collection costs. It shall also encourage private sector participation to ensure the delivery of the best possible service suitable to the needs and objectives of the NSLP.

The Government Service Insurance System (GSIS) and Social Security System (SSS) shall study the feasibility of having an automatic system of salary deduction for Student Loan repayments of members with unpaid Student Loans, pursuant to a memorandum of agreement to be executed by the Board with the GSIS or SSS, respectively, and in accordance with labor laws on deduction of payments.

The top ten (10) graduates of all public high schools shall be given priority in the grant of the Student Loan: Provided, That the loan granted shall be repaid in installment basis after the student graduates or leaves the educational institution: Provided, further, That the educational loan shall be sourced from the five percent (5%) of the total loanable portfolio of the Development Bank of the Philippines without prejudice to the creation of other Student Loan programs.

SEC. 9. Other Modalities of StuFAPs. – The Board may develop other modalities of StuFAPs: Provided,That nothing in this Act shall preclude the Board, the implementing agencies, SUCs, and public TVls from promulgating and developing other forms of StuFAPs, such as private Scholarship or sponsorship programs, and student or graduate assistance programs, in accordance with the standards and guidelines set by the Board.

ARTICLE III

ELIGIBILITY OF APPLICANTS AND TERMS OF AVAILMENT

SEC. 10. Minimum Qualifications of Applicants. – The Board shall promulgate and periodically review the qualification criteria of applicants for student financial assistance. An applicant must meet the following minimum qualifications:

(a) Filipino citizen: Provided, That the Board may grant exemptions to foreign students based on reciprocal programs that provide similar benefits to Filipino students, such as student exchange programs, international reciprocal Scholarships, and other mutually beneficial programs;

(b) High school graduate or its equivalent from duly authorized institutions;

(c) Possesses good moral character with no criminal record: Provided, That this requirement shall be waived for programs which target children in conflict with the law and/or those who are undergoing or have undergone rehabilitation;

(d) Admitted to the HEI or TVI included in the Registry of Programs and Institutions of the applicant’s choice: Provided, That applicants may begin processing their applications within a reasonable time frame set by the Board to give the applicant sufficient time to enroll;

(e) In the case of an applicant in TVET programs, he/she shall, in addition to the criteria referred above, pass the TESDA screening/assessment procedure, trade test, or skills competency evaluation;

(f) Declare if he/she is already a Beneficiary of any other student financial assistance, including government StuFAP: Provided, That if at the time of application of the Scholarship, Grant-in-Aid, Student Loan, or other modalities of StuFAP under this Act, the amount of such other existing grant does not cover the full Cost of Tertiary Education at the HEI or TV! where he/she has enrolled in. the applicant may still avail of the StuFAPs under this Act for the remaining portion;

(g) In the case of applicant for Scholarship, he/she must obtain at least the score required by the Board for the Qualifying Examination System for Scoring Students; and

(h) Possesses such other qualifications as may be prescribed by the Board.

SEC. 11. Disqualifications and Limitations. — The right of any Beneficiary to avail of the benefits of the StuFAPs under this Act shall not apply if the student fails to comply with the requirements for good academic standing and such other conditions that may be formulated and imposed by the Board:Provided, That the Board shall consider the supervening circumstances of each Beneficiary that may have an effect on his/her studies, such as death, lingering illness of a family member, or other personal reasons.

The Board shall not unduly deprive eligible applicants of student financial assistance: Provided, That said students may be directed by the Board and/or the implementing agency to enroll in priority courses, as may be identified by the CHED or TESDA, based on the national development plans and labor force demands, in order to avail of student financial assistance: Provided, further, That the Board and/or implementing agency shall not deny financial assistance to applicants or Beneficiaries already enrolled in non-priority courses, especially if the priority courses are not offered in the Tertiary Education institution of the student’s choice.

SEC. 12. Terms of Availment of StuFAPs. – The Board and/or the implementing agency may, prior to the grant of Scholarship or Student Loan, or other modalities of StuFAP, impose reasonable terms and conditions of availment.

SEC. 13. Sanctions. — The Board and/or the implementing agency may impose reasonable sanctions to any Beneficiary of a Scholarship, Student Loan or other modalities of StuFAP who has been found to have violated any of the provisions of his/her contract.

ARTICLE IV

THE UNIFAST BOARD

SEC. 14. Creation of a UniFAST Board. – To carry out the purposes of this Act, there is hereby created a UniFAST Board, hereinafter referred to as the Board, which shall be attached to the CHED, composed of the following:

(a) The CHED Chairperson as ex officio Chairperson;

(b) The Secretary of the Department of Science and Technology (DOST) as ex officio Co-Chairperson;

(c) The TESDA Director-General as ex officio Co-Chairperson;

(d) The Secretary of the Department of Education (DepED) as ex officio member;

(e) A representative from the Department of Labor and Employment (DOLE) as ex officio member;

(f) A representative from the National Economic and Development Authority (NEDA) as ex officiomember; and

(g) A representative from the National Youth Commission (NYC) as ex officio member.

SEC. 15. Powers and Functions of the Board. — The Board shall exercise the following powers and functions:

(a) Formulate and approve policies and strategies for UniFAST, and review existing policies to ensure consistency with policy framework under this Act;

(b) Coordinate with the implementing agencies of existing StuFAPs in the formulation, approval and issuance of guidelines towards the development and promotion of the UniFAST;

(c) Provide necessary support to implementing agencies, technical or otherwise, to ensure the effective implementation of this Act;

(d) Prepare, approve, and submit to the CHED its own budget proposal, in addition to the individual budget proposals prepared by the various implementing agencies, including vetting, modifying and integrating all requests for public funding of Tertiary Education StuFAPs;

(e) Promulgate the minimum guidelines, rules and regulations for determining qualified Beneficiaries of student financial assistance for Tertiary Education;

(f) Provide general guidelines for the drawing up of contracts with the student Beneficiaries specifying the rights and obligations of the parties that may include a service clause or such other stipulations of cost recovery the Board may deem in the best interest of the public and consistent with, or responsive to, national, social, economic, and human resources development plans, subject to Section 12;

(g) Monitor, assess and make impact evaluation of StuFAPs and projects, with the end in view of determining whether these programs shall be adopted, continued, or terminated;

(h) Adopt a Qualifying Examination System for Scoring Students for merit and talent-based StuFAPs and determine the eligibility for Grants-in-Aid and other modalities of StuFAPs;

(i) Provide and promote a supportive policy environment for the growth and development of private sector participation for Scholarships, Grants-in-Aid, Student Loans or other modalities of StuFAP;

(j) Establish and maintain, on the public websites of the CHED and TESDA, a database containing information on StuFAPs and accredited public and private Tertiary Education programs and institutions;

(k) Take all necessary actions to disseminate information on the database established and maintained under this Act in order to encourage its use by interested parties and to ensure that Beneficiaries are able to maximize the benefits from UniFAST through informed decision-making, allowing them freedom of choice among accredited public and private Tertiary Education programs and institutions;

(l) Design a program of generating funds for the UniFAST;

(m) Facilitate and tap donations, legacies, gifts and other forms of contribution, whether in cash or in kind, from both public and private sources and to tap the services and assistance of experts, in accordance with Section 20: Provided, That such donations, legacies, and contributions of cash or property duly received shall be exempt from donor’s tax and shall be allowable deductions for income tax purposes in accordance with Section 34-H of the National Internal Revenue Code of 1997, as amended;

(n) Appoint members of the UniFAST Secretariat upon the recommendation of the Executive Director;

(o) Appoint one (1) or more legal officers with authority to file cases in court;

(p) Set up, maintain and update an official registry of quality-assured academic and research programs and Tertiary Education institutions in accordance with Section 3 of this Act;

(q) Approve the appropriate honorarium and per diem for the members of the Board, in accordance with the relevant government rules and regulations;

(r) Develop an efficient tracking system of Student-Borrowers, as well as a system of disbursement and collection of payments of loans granted under this Act, including entering into agreements with the Bureau of Internal Revenue (BIR), GSIS, SSS, National Bureau of Investigation (NBI), Department of Foreign Affairs (DFA), Philippine Overseas Employment Administration (POEA), Bureau of Immigration (BI), Bangko Sentral ng Pilipinas (BSP), Bankers Association of the Philippines (BAP), Credit Information Corporation (CIC), private and public banks and banking intermediaries, credit information bureaus, and other government financial institutions, inclusive of investigating and checking the whereabouts of delinquent Student-Borrowers, and setting up mechanisms for blacklisting of defaulting Student-Borrowers in application for loans, credit cards, and other credit facilities; and

(s) Perform such other powers and functions as may be deemed necessary and incidental for the effective implementation of this Act.

SEC. 16. Meetings. – The Board shall hold twelve (12) regular monthly meetings in a year: Provided, That four (4) years after the implementation of this Act, the Board shall determine the frequency of the regular meetings which shall not be less than once every quarter.

The Chairperson of the Board may call a special meeting when necessary: Provided, That the members are notified in writing at least three (3) working days prior to the meeting.

In the absence of the Chairperson, the Co-Chairpersons shall preside over the Board’s meetings on a rotation basis. The members of the Board may also designate a representative in his/her absence:Provided, That in the case of the Chairperson, Co-Chairpersons, and the Secretaries of the DepED and DOLE, their respective representatives must be occupying the position of an Assistant Secretary, or its equivalent, and higher. The proceedings of all meetings shall be recorded and the minutes thereof shall be attested to by a simple majority of all regular Board Members.

At least one (1) meeting of the Board in every quarter must be attended by the Chairperson and Co-Chairpersons and shall be devoted to a review of the performance of the UniFAST in terms of the following:

(a) Total number of current Beneficiaries;

(b) Number of dropouts from the program, voluntary or revoked, as well as the reasons behind such;

(c) Average academic performance by year of study;

(d) Breakdown of Beneficiaries by field of study;

(e) Breakdown of Beneficiaries by district and region of origin;

(f) Breakdown of Beneficiaries by place of study;

(g) Breakdown of Beneficiaries by sex;

(h) Breakdown of Beneficiaries by size of annual family income and family livelihood;

(i) Completion rate of Beneficiaries;

(j) Measures of success of financial assistance programs;

and

(k) Such other matters relating to any provision of this Act.

SEC. 17. Quorum. — The attendance of a simple majority of the Board members is necessary in order for the Board to have a quorum to transact business.

SEC. 18. Creation of a UniFAST Secretariat. – There is hereby created a Secretariat to be headed by an Executive Director to support the Board in carrying out its functions. The Board shall provide for the institutional setup, qualifications, and compensation of employees composing the Secretariat in accordance with existing Civil Service and Career Executive Service rules and regulations and consistent with the provision of the Salary Standardization Law for government personnel, and determine the size and composition of the Secretariat.

The Secretariat shall exercise the following functions:

(a) Provide technical and administrative support services to the Board’s policy-making and implementation functions;

(b) Review, evaluate, and assess programs, plans of action, and agenda of the Board, and concomitantly recommend the approval or cancellation of such programs, plans of action, and agenda of the Board;

(c) Review, evaluate, and assess programs, plans of action, and agenda of the implementing agencies, including proposals for funding, and recommend the approval or cancellation of such programs, plans of action, and agenda of the implementing agencies to the Board;

(d) Maintain and update a repository of data and information on all StuFAPs for Tertiary Education administered by any government agency, branch, or instrumentality and create and maintain a comprehensive database system on the government’s StuFAPs accessible to the public, pursuant to the policy of transparency and good governance;

(e) Recommend, manage, and monitor the processes of contracting out the implementation of UniFAST activities which would be best accomplished by third party providers, as approved by the Board; and

(f) Perform such other powers and functions as may be determined by the Board.

SEC. 19. The Executive Director. – There shall be an Executive Director who shall be appointed by the Board and shall have the rank of an Assistant Secretary. The Executive Director shall have a minimum of seven (7) years managerial experience, be a holder of at least a Master’s degree, and be a Career Executive Service eligible. The Executive Director shall perform the following functions:

(a) Serve as the primary coordinator of StuFAPs for Tertiary Education students being implemented by various government agencies, branches, and instrumentalities;

(b) Manage relationships with partner agencies;

(c) Exercise leadership, supervisory, and administrative functions over the Secretariat;

(d) Ensure the provision of accurate and timely technical inputs and feedback to the Board to guide it in its policy-making functions;

(e) Ensure the proper dissemination and implementation of Board decisions;

(f) Submit an annual report on the operations, status of programs funded, and financial conditions of the Secretariat, including recommendations for the budget in the ensuing year; and

(g) Perform such other duties and functions as may be determined by the Board.

ARTICLE V

FINANCIAL MANAGEMENT, REPORTING, AND PERFORMANCE EVALUATION

SEC. 20. Financial Management and Accountability. – All public funds allocated to the government StuFAPs for Tertiary Education shall be managed according to standard government accounting and auditing rules and regulations. In addition, specialized processes and procedures shall be developed to enhance transparency and accountability suitable to the program or project for which the fund has been provided.

SEC. 21. Accounting and Reporting of UniFAST StuFAP Funds. – A separate book of accounts shall be kept by each implementing agency for the UniFAST StuFAP Funds. It shall follow standard government rules and regulations for accounting. Implementing agencies of the StuFAP Funds, however, may adopt additional measures to ensure its safety, particularly in authorizing payments and processing of disbursements from the funds: Provided, That such additional measures shall facilitate a convenient and efficient means of delivering financial assistance to the Beneficiaries.

A mid-year and annual report shall be prepared by all implementing agencies. The report shall have two (2) parts: a financial statement and a report of operations showing the accomplishments of the fund. These reports shall be submitted to Congress and the Department of Budget and Management to inform and aid in decision making and shall be made available to other interested parties for valid and acceptable reasons. The fist of Beneficiaries and the amount of financial assistance received shall be made available upon request.

SEC. 22. Responsibility of National Government Agencies Implementing StuFAPs. — The agencies and instrumentalities implementing StuFAPs are required to submit reports, make their selection process transparent to the public, and comply with the requirements that the Board may impose to ensure that these programs are in line with the national policy framework on student financial assistance.

SEC. 23. Performance Monitoring and Impact Assessment. – The UniFAST shall be evaluated rigorously by the Board in terms of its impact on desired results and its progress towards achieving them shall be monitored regularly. The Board shall clearly define those results and their target values. Impact evaluation shall be measured against, among others:

(a) Education outcomes such as enrolment in level IV-accredited HEls, as may be determined in the Implementing Rules and Regulations, and number of graduates (by type of study program);

(b) Economic indicators such as income and employment of Beneficiaries after graduation; and

(c) Indicators for contributions to community service and public good.

Performance and progress shall, in addition, be measured with regard to: (i) number of students covered by Scholarships, Grants-in-Aid, Student Loans, or other modalities of StuFAP; (ii) type of study program; (iii) level of HEI enrolled in; and (iv) initial economic status. Tracer studies and survey data for experimental and quasi-experimental analyses shall be undertaken to produce credible impact evaluation studies, as may be determined by the Board: Provided, That major programs of the Board are to be evaluated within five (5) years from the date of its implementation.

SEC. 24. Congressional Oversight Committee. – There is hereby created a Congressional Oversight Committee on the UniFAST composed of five (5) members each to be chosen from the membership of the Senate Committee on Education, Arts and Culture and the House of Representatives Committee on Higher and Technical Education. The members from the Senate shall be appointed by the Senate President based on proportional representation of the parties or coalitions therein with at least two (2) Senators representing the minority. The members from the House of Representatives shall be appointed by the Speaker also based on proportional representation of the parties or coalitions therein with at least two (2) Congressmen representing the minority.

The Oversight Committee on the UniFAST shall have the power to oversee the implementation of this Act, including an inquiry into the book of accounts of the Board: Provided, That the Secretariat of the Oversight Committee shall be drawn from the secretariat personnel of the Senate Committee on Education, Arts and Culture and the House of Representatives Committee on Higher and Technical Education. Funding for the expenses of the Committee shall be taken from the appropriations of both the Senate and the House of Representatives.

The Board shall be required to submit to the Congressional Oversight Committee, on a periodic basis, the financial statements, policy statements, issuances and other documents and information of the Board, subject to existing laws and regulations.

ARTICLE VI

APPROPRIATIONS

SEC. 25. Appropriations. – The amount necessary to carry out the provisions of this Act, specifically for the creation of the Board and the Secretariat and the initial implementation of this Act, shall be charged against the current year’s appropriation of the CHED. The budget for the implementation of existing StuFAPs and any modality that may be established shall be charged against the budget of the implementing agencies. Thereafter, such amount as may be necessary for the continued implementation of this Act shall be included in the Annual General Appropriations Act.

SEC. 26. Other Sources of Funds. – Other sources of funds such as grants, donations, and other forms of assistance from local and foreign donor agencies, other public or private entities, and other private domestic and international sources may be tapped and facilitated by the Board to support the program, subject to regular auditing guidelines and procedures: Provided, That in case of donations from foreign sources, acceptance thereof shall be subject to existing government rules and regulations.

All donations, grants, endowments from various sources and other contributions given to specific agencies for StuFAPs shall be retained by the identified done agency for that specific purpose in accordance with government auditing rules and regulations.

Cost-sharing or counter-parting schemes among national government and local government units (LGUs) shall also be encouraged to support the implementation of the UniFAST.

ARTICLE VII

IMPLEMENTATION

SEC. 27. Implementing Rules and Regulations. – Within thirty (30) days from the effectivity of this Act, the Board shall constitute itself, in consultation with relevant stakeholders in Tertiary Education, and promulgate the Implementing Rules and Regulations necessary for the proper implementation of this Act within sixty (60) days from the constitution of the Board.

ARTICLE VIII

MISCELLANEOUS PROVISIONS

SEC. 28. Separability Clause. – If, for any reason, any provision of this Act is declared unconstitutional or invalid, parts or provisions of this Act which are not affected shall continue to be in full force and effect.

SEC. 29. Non-Impairment Clause. – Nothing in this Act shall be construed as to diminish, impair, or repeal rights recognized, granted, or made available to disadvantaged, marginalized, or specific sectors under existing laws.

SEC. 30. Repealing Clause. – All laws, executive orders, presidential decrees, Implementing Rules and Regulations inconsistent with this Act are hereby repealed or modified accordingly, including the provisions of Republic Act No. 8545 on Tertiary Education.

SEC. 31. Effectivity. – This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

Republic Act No. 10688 - “Metallurgical Engineering Act of 2015”

See - Republic Act No. 10688 | Official Gazette of the Republic of the Philippines

[ Republic Act No. 10688 ]

AN ACT REGULATING THE PRACTICE OF METALLURGICAL ENGINEERING IN THE PHILIPPINES, REPEALING FOR THIS PURPOSE PRESIDENTIAL DECREE NUMBERED 1536, OTHERWISE KNOWN AS THE “METALLURGICAL ENGINEERING LAW OF THE PHILIPPINES”, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

ARTICLE I

TITLE, STATEMENT OF POLICY, DEFINITION OF TERMS AND SCOPE OF PRACTICE

SECTION 1. Title. – This Act shall be known as the “Metallurgical Engineering Act of 2015”.

SEC. 2. Statement of Policy. – The State recognizes the importance of metallurgical engineers in nation-building and development. Thus, the State shall develop and nurture competent, virtuous, productive and well-rounded metallurgical engineers whose standard of professional practice and service shall be excellent, world-class and globally competitive through regulatory measures, programs and activities.

SEC. 3. Objectives. – This Act shall govern but shall not be limited to:

(a) The examination, registration and licensure of metallurgical engineers;

(b) The supervision, control and regulation of the practice of metallurgical engineering;

(c) The development and upgrading of the curriculum of the metallurgical engineering profession in conformity with the approved curriculum of the Commission on Higher Education (CHED);

(d) The development of the professional competence of metallurgical engineers through continuing professional education; and

(e) The integration of the metallurgical engineering profession.

SEC. 4. Definition of Terms. – As used in this Act, the following terms shall be defined as follows:

(a) Practice of Metallurgical Engineering refers to the offering or rendering of services of any ofr the specialized branches of metallurgy for a fee, salary or other reward or compensation, paid directly or through another person or persons, or even without such reward or compensation. The term shall be synonymous with the term “rendering metallurgical engineering services”.

(b) Metallurgical Engineering refers to the profession which embraces the scientific, engineering, environmental and economic aspects of:

(1) Mineral Processing and Extractive Metallurgy. – Preparation, separation, extraction and purification of ores, metals and mineral products by physical and chemical method such as ore dressing, pyrometallurgical processes such as roasting and smelting, hydrometallurgical processes such as leaching, electrometallurgical processes such as electric smelting and electrolysis and other similar processes;

(2) Adaptive and Physical Metallurgy. – Processes which pertain to the adaptation and application of metals such as melting, casting, forging, rolling, extrusion, welding and other metal working and finishing operations. These include unit operations relating to the control of microstructure of metals and their alloys such as heat treatment and surface hardening, and quality control in allowing operations to meet specification of metal alloys and metallographic studies. These also apply to powder, mechanical, nuclear and vacuum metallurgy; and

(3) Fuel Technology. — Fuel preparation processes such as washing, flotation and heavy media separation including carbonization, gasification and coking operations.

(c) Metallurgical Plant refers to any facility involved in processes which include, but not limited to, the following:

(1) Preparation, separation, concentration of minerals, coal and metallurgical fuels;

(2) Extraction of metals such as hydrometallurgical, pyrometallurgical and electrometallurgical processes; and

(3) Adaptation and application of metals such as melting, casting, forging, rolling, extrusion, powder metallurgy, heat treatment, welding and other metal working and finishing operations.

(d) Metallurgical Engineer refers to a person who holds a valid certificate of registration and professional identification card issued by the Board of Metallurgical Engineering and the Professional Regulation Commission.

SEC. 5. Scope of Practice. – Metallurgical engineering service shall embrace the following similar services in relation to metallurgical plants:

(a) Consultation, valuation and management services requiring metallurgical engineering skills and know-how;

(b) Engineering design, preparation of plans, specifications and project studies or estimates for metallurgical equipment and processes;

(c) Management or supervision of the testing and commissioning of metallurgical plants;

(d) Management, supervision, operation and auditing of metallurgical plants;

(e) Teaching of metallurgical engineering subjects in government-recognized universities, colleges and schools;

(f) Employment in government as a metallurgical engineer if the nature and character of the work requires professional knowledge of metallurgical engineering;

(g) Metallurgical investigation and testing of mineral and metal products;

(h) Training of metallurgical plant operating personnel;

(i) Research and development;

(j) Participation in the preparation of environmental studies for metallurgical projects and monitoring under the Environmental Impact Assessment (EIA) system;

(k) Teaching of metallurgical engineering subjects in any academic program leading to a professional degree, including refresher and review courses; and

(l) Other metallurgical work or service which, in the assessment and opinion of the Board, constitutes the practice of metallurgical engineering.

ARTICLE II

CREATION OF THE PROFESSIONAL REGULATORY BOARD OF METALLURGICAL ENGINEERING

SEC. 6. Creation and Composition of the Professional Regulatory Board of Metallurgical Engineering. – There is hereby created a Professional Regulatory Board of Metallurgical Engineering, hereinafter called the Board, under the administrative control and supervision of the Professional Regulation Commission, hereinafter called the Commission, to be composed of a chairperson and two (2) members to be appointed by the President of the Philippines from a list of three (3) recommendees for each position, chosen and ranked in the order of preference and submitted by the Commission from a list of five (5) nominees submitted by the duly accredited professional organization of metallurgical engineers in the Philippines. The Board shall be organized not later than six (6) months from the effectivity of this Act.

SEC. 7. Powers and Duties of the Board. — The Board shall have the following powers and duties:

(a) Supervise and regulate the practice of metallurgical engineering profession;

(b) Determine and evaluate the qualifications of the applicants for registration;

(c) Prescribe the subjects in the licensure examinations, determine the syllabi of the subjects and their relative weights, construct the test questions in the examinations, score and rate the examination papers, and submit the examination results to the Commission;

(d) Issue, together with the Commission, certificates of registration and professional identification cards to applicants who have passed the licensure examinations for registered metallurgical engineers;

(e) Issue special/temporary permits to foreign metallurgical engineers to practice the profession;

(f) Inquire into conditions affecting the practice of the profession and adopt measures for the enhancement and maintenance of high professional, ethical and technical standards. Pursuant thereto, the Board may inspect establishments where metallurgical engineers practice their profession such as factories, plants, offices and the like, in order to determine and enforce compliance with the provisions of this Act, and issue certificates of compliance for the purpose;

(g) Assess the faculty and other aspects directly related to the metallurgical engineering program of educational institutions in coordination with the CHED;

(h) Adopt the implementing rules and regulations (IRR) necessary for carrying out the provisions of this Act;

(i) Adopt a Code of Ethics and a Code of Professional and Technical Standards for the practice of the metallurgical engineering profession;

(j) Investigate, in accordance with the rules on administrative investigation promulgated by the Commission, violations of this Act and its IRR, the Code of Ethics and the Code of Professional and Technical Standards for Metallurgical Engineers, administrative policies, orders and issuances promulgated by the Board;

(k) Issue subpoena duces tecum to secure the attendance of witnesses or the production of documents in connection with administrative cases before the Board;

(l) Hear and decide administrative cases filed against metallurgical engineers and firms employing metallurgical engineers. The hearing shall be presided by. the chairperson or a member of the Board with the assistance of an attorney of the Commission. The decision of the Board may be appealed to the Commission and to the court within fifteen (15) days from notice, otherwise the decision shall become final and executory;

(m) Administer oaths in connection with the performance of its functions;

(n) Adopt an official seal and prescribe the seal of the metallurgical engineering profession;

(o) Submit an annual report on the proceedings and accomplishments during the year and/or recommendations of the Board to the Commission thirty (30) days after the close of each calendar year;

(p) Prosecute or institute criminal action against any violator of this Act and/or rules and regulations of the Board;

(q) Prescribe guidelines and criteria on the Continuing Professional Education (CPE) program for metallurgical engineers in consultation with the integrated and accredited professional organization of metallurgical engineers; and

(r) Perform regulatory, administrative and quasi-legislative functions as mandated under Republic Act No. 8981, otherwise known as the “PRC Modernization Act of 2000”, and such other functions as may be necessary in order to implement the provisions of this Act.

SEC. 8. Qualifications of the Chairperson and Members of the Board. – The chairperson and members of the Board, at the time of their appointment, must be:

(a) A citizen and a resident of the Philippines;

(b) A holder of a bachelor’s degree in metallurgical engineering as conferred by an engineering school of good standing, recognized and accredited by the government;

(c) A registered metallurgical engineer with a valid certificate of registration and professional identification card and an active practitioner for not less than ten (10) continuous years prior to the appointment;

(d) A person who does not have any direct or indirect pecuniary interest in any university, college, school or institution conferring an academic degree necessary for the admission to the practice of metallurgical engineering, or in any institution where review classes in preparation for the licensure examinations for metallurgical engineers are being officially offered or conducted; and hot be a member of the faculty or of the administration thereof prior to appointment to the Board; and

(e) A member of the Accredited Professional Organization (APO) of metallurgical engineers but not a trustee or officer thereof.

SEC. 9. Term of Office. – The chairperson and the members of the Board shall hold office for a term of three (3) years from the date of appointment or until their successors shall have been appointed and duly qualified. They may be reappointed for another term of three (3) years immediately after the expiration of their term but in no case shall the whole term exceed six (6) years. Interim vacancies shall be filled for the unexpired portion of the term only.

The chairperson and members of the Board shall take the proper oath prior to the assumption of office.

SEC. 10. Compensation of the Board. — The chairperson and members of the Board shall receive compensation and allowances comparable to that being received by the chairperson and members of other professional regulatory boards under the Commission as provided for in the General Appropriations Act.

SEC. 11. Custodian of Records, Secretariat and Support. — All records of the Board, including applications for examinations, examination papers and results, minutes of meetings, deliberations of administrative and other investigative cases involving the Board shall be kept by the Commission. The Commission shall designate the secretary of the Board and shall provide secretariat and other support services to implement the provisions of this Act.

SEC. 12. Grounds for Removal or Suspension of the Chairperson and Members of the Board. – The President of the Philippines, upon the recommendation of the Commission, after due process and administrative investigation conducted by the Commission, may remove or suspend the chairperson or a member of the Board on any of the following grounds:

(a) Gross neglect, incompetence or dishonesty in the discharge of their duties;

(b) Violation of any of the causes/grounds and the prohibited acts provided in this Act and the offenses in the Revised Penal Code, the Anti-Graft and Corrupt Practices Act and other laws; or

(c) Manipulation or rigging of the licensure examination result for metallurgical engineering, disclosure of secret and confidential information on the examination questions prior to the conduct thereof, or tampering of grades.

SEC. 13. Annual Report. — The Board shall submit an annual report to the Commission after the close of each calendar year giving detailed accounts of Board proceedings during the year and embodying such recommendations as the Board may desire to take.

ARTICLE III

LICENSURE EXAMINATION AND REGISTRATION

SEC. 14. Passing of Licensure Examination Requirement. – Except as otherwise specifically allowed under this Act, applicants for registration for the practice of metallurgical engineering shall be required to pass a licensure examination as provided for in this Act.

SEC. 15. Holding of Examination. — Examination of candidates applying for registration as metallurgical engineer shall be given at least once a year in such places and dates as the Commission may designate in accordance with the provisions of Republic Act No. 8981.

SEC. 16. Scope of Examination. — Unless modified by the Board and approved by the Commission, the licensure examination shall cover, but shall not be limited to, the following subjects:

(a) Mineral Processing, Extractive Metallurgy, Assaying and Chemistry;

(b) Physical and Applied Metallurgy;

(c) Fuel Technology and Refractory Science;

(d) Engineering Management, Law and Ethics;

(e) Applied Mathematics and Mechanics; and

(f) Any other pertinent subject as the Board may deem necessary to test the applicant’s ability and knowledge to ensure safety, economy, proficiency and environmental compliance in the design, construction, installation, maintenance, operation, organization and management of metallurgical plants: Provided, That the relative weight of (a) and (b) subjects shall not be less than thirty percent (30%) each.

The Board, subject to the approval of the Commission, may amend or revise the subjects, their syllabi, passing average, and the system and procedure in the licensure examinations for the practice of metallurgical engineering and the corresponding weight pursuant to the IRR 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. 17. Qualifications of Applicants for Metallurgical Engineer. — Applicants for the licensure examination for metallurgical engineers shall establish to the satisfaction of the Board that they possess the following qualifications:

(a) A citizen of the Philippines or a foreign citizen whose country has reciprocity agreement with the Philippines;

(b) Of good moral character;

(c) A holder of a degree of Bachelor of Science in Metallurgical Engineering, Metallurgy or related engineering degree majoring in Metallurgical Engineering or Metallurgy from a university, school, college, academy or institute duly constituted and recognized as such by the government; and

(d) Must not have been convicted by a court of law of a crime involving moral turpitude.

SEC. 18. Examination Fees. – Any applicant admitted to take the metallurgical engineering examination shall pay such fees as may be prescribed by the Commission before one shall be allowed to take the examination.

SEC. 19. Rating in the Licensure Examination. – To pass the licensure examination for metallurgical engineering, a candidate must obtain a general weighted average of not less than seventy percent (70%) and a rating of not less than fifty percent (50%) in any examination subject.

SEC. 20. Report of Ratings. — The Board shall, within fifteen (15) days from the last day of examinations, report the rating of examinees to the Commission.

SEC. 21. Exemption from Examination. — A person may be registered as metallurgical engineer and given a license to practice as metallurgical engineer without examination, who:

(a) Had graduated with a degree of Bachelor of Science in Metallurgical Engineering before the enactment of Presidential Decree No. 1536, the “Metallurgical Engineering Law of the Philippines” in June 1978 and who, on the date of approval of this Act, had an accumulated fifteen (15) years of experience in any of the metallurgical practice as defined in Section 4 of this Act: Provided, That the said experience is certified by the applicant’s employer/s and approved by the Board; or

(b) Had graduated with a doctorate degree in Metallurgy, Metallurgical Engineering or in related fields:Provided, That the applicant is a graduate of Bachelor of Science in Metallurgical Engineering, Metallurgy or related engineering degree majoring in Metallurgical Engineering or Metallurgy.

An applicant for exemption from examination shall submit to the Board of Metallurgical Engineering the following:

(1) Diploma or transcript of records; both must be authenticated; and

(2) A metallurgical engineering report/doctoral thesis, which shall serve as a basis whether the applicant, in the opinion of the Board, deserves exemption from examination.

SEC. 22. Qualifications of Applicants for Metallurgical Plant Foreman. – Applicants for a certificate of registration without examination as a metallurgical plant foreman, shall, prior to admission for certification, establish to the satisfaction of the Board that they possess the following qualifications:

(a) A citizen of the Philippines;

(b) Of good reputation and moral character; and

(c) At least a high school graduate with at least ten (10) years of experience in any metallurgical plant as defined in Section 4 of this Act and as certified by the applicant’s present employer, or a graduate of any engineering degree with at least five (5) years of experience in any metallurgical plant as defined in Section 4 of this Act and as certified by the applicant’s present employer/s.

The Board shall, subject to the approval of the Commission, adopt such rules and regulations as may be necessary to classify metallurgical foremen to such metallurgical plants as concentrators, foundries, smelters, refineries and any other specific classification, as may be found necessary.

SEC. 23. Issuance of Certificate of Registration and Professional Identification Card. — A certificate of registration shall be issued to those who are registered with or without licensure examination subject to payment of fees prescribed by the Commission. It shall bear the signatures of the chairperson of the Commission and of the chairperson and members of the Board, stamped with the official seal of the Commission and of the Board, certifying that’ the person named therein is entitled to all rights and privileges of a registered metallurgical engineer or metallurgical plant foreman with all the privileges appurtenant thereto. Until withdrawn, revoked or suspended in accordance with this Act, it shall remain in full force and effect.

A professional identification card bearing the registration number and date, its validity and expiry duly signed by the chairperson of the Commission shall likewise be issued to every registrant who has paid the prescribed fees.

SEC. 24. Issuance of Certificate of Specialization. – Upon the domination of the APO of metallurgical engineers, the l Board shall issue a certificate of specialization to an applicant who is a registered metallurgical engineer and who has specialized knowledge, training and experience in a specific field of metallurgy and has documented expertise and competence on the same.

SEC.. 25. Seal of a Metallurgical Engineer. – A metallurgical engineer, upon registration and payment of fees and dues to the APO, shall obtain a seal of such design prescribed by the Board, bearing the registrant’s name, certificate number and the legend “Registered Metallurgical Engineer”. Designs, plans, specifications, project feasibility studies, appraisals, valuations, recommendations, technical reports, proposals, and other professional documents involving metallurgy, quarries, colliery works, projects or installations shall be stamped on every sheet with the 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 document with the said seal after the certificate and/or professional identification card shall have been revoked, cancelled or expired.

SEC. 26. Fees for Registration. — Every person issued a certificate of registration shall pay to the Commission such fees as the Commission may prescribe.

SEC. 27. Issuance of Temporary/Special Permits. — Temporary/Special permits shall be issued to the following upon proper application with the Board:

(a) Foreign metallurgical engineers, recognized as experts in their specific fields of metallurgical engineering, called in by the Republic of the Philippines for consultation or for specific design, installation or project: Provided, That their practice shall be confined to such work only;

(b) Foreign metallurgical engineers who have distinguished themselves in their respective fields of specialization, contracted as professors or lecturers on metallurgical 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; or

(c) Foreign metallurgical engineers who are duly registered under the bilateral or multilateral agreements where the Philippines is a signatory: Provided, That all the above shall secure a temporary/special permit from the Board prior to arrival in the country.

SEC. 28. Refusal to Register. – The Board shall not register any successful applicant for registration with or without licensure examination who has been:

(a) Convicted of an offense involving moral turpitude by a court of competent jurisdiction;

(b) Found guilty of immoral or dishonorable conduct by the Board;

(c) Summarily adjudged guilty for violation of the General Instruction to Examinees by the Board; and

(d) Declared of unsound mind by a court of competent jurisdiction.

In refusing such registration, the Board shall give the applicant a written statement setting forth the reasons therefor and shall file a copy thereof in its records.

SEC. 29. Revocation or Suspension of the Certificate of Registration and Professional Identification Card and Cancellation of Temporary/Special Permit. — The Board shall have the power, upon notice and hearing, to revoke or suspend the certificate of registration and professional identification card of a registered metallurgical engineer or to cancel a temporary/ special permit granted to a foreign metallurgical engineer for violation of any of the grounds or causes provided in Section 28 of this Act, except paragraph (c) thereof, and for any of the following:

(a) Violation of a provision of this Act, its IRR, Code of Ethics and Code of Professional and Technical Standards for the practice of metallurgical engineering;

(b) Perpetration or use of fraud in obtaining one’s certificate of registration, professional identification card or temporary/special permit;

(c) Gross incompetence, negligence or ignorance resulting to death, injury or damage;

(d) Any act of misrepresentation in connection with an alleged performance of metallurgical engineering activities;

(e) Acts inimical to the metallurgical engineering profession;

(f) Gross immorality;

(g) Conviction by final judgment of any act involving moral turpitude;

(h) Aiding or abetting the illegal practice of a nonregistered and non-licensed metallurgical engineer by allowing the use of one’s certificate of registration, professional identification card or temporary/special permit;

(i) Illegal practice of the profession during the suspension from the practice thereof; and

(j) Addiction to drugs or alcohol impairing the ability to practice the profession, or a declaration by a court of competent jurisdiction that the registrant is of unsound mind.

The Board shall periodically evaluate the aforementioned grounds and revise, exclude or add new ones as the need arises subject to the approval by the Commission.

Any person, firm or association may file charges in accordance with the provision of this section against any registrant, or the Board may investigate violation of any of the abovementioned causes. An affidavit-complaint shall be filed together with the affidavits of witnesses and other documentary evidence with the Board through the Legal and Investigation Office. The Board may motu proprioconduct an investigation which shall be embodied in a formal charge to be signed by at least a majority of the members of the Board. The rules on administrative investigation issued by the Commission shall govern the hearing or investigation subject to applicable provisions of this Act, Republic Act No. 8981 and the Rules of Court.

SEC. 30. Reissuance of Revoked Certificate of Registration, Replacement of Lost or Damaged Certificate of Registration, Professional Identification Card or Temporary/Special Permit. – The Board may, upon petition, reinstate or reissue a revoked certificate of registration after two (2) years from the effectivity of the period for revocation, which is the date of surrender of the said certificate and/or the professional identification card if still valid to the Board and/or the Commission. The Board may not require the holder thereof to take another licensure examination. The petitioner shall prove to the Board that one has valid reasons to practice the profession. For the grant of the petition, the Board shall issue a Board Resolution subject to approval by the Commission.

Duplicate copy of lost certificate of registration, professional identification card or temporary/special permit may be reissued in accordance with the rules thereon and upon payment of the prescribed fee therefor.

ARTICLE IV

PRACTICE OF METALLURGICAL ENGINEERING

SEC. 31. Who May Practice Metallurgical Engineering. – Except as may be provided in this Act, only persons properly licensed and registered may practice metallurgical engineering. For purposes of this Act, no firm, partnership, corporation or association may be licensed and registered as such for the practice of metallurgical engineering, but duly licensed and registered metallurgical engineers may form partnerships among themselves or with other licensed and registered engineers and architects and use the title “Metallurgical Engineers”, “Engineers”, or “Engineers and Architects” in their partnership name.

No firm, partnership, corporation or association shall operate a metallurgical plant without a minimum complement of licensed metallurgical engineers pursuant to the IRR issued for this purpose.

SEC. 32. Vested Rights. – All practicing metallurgical engineers who are registered as metallurgical engineers at the time this Act takes effect shall automatically be registered under this Act as registered metallurgical engineers.

SEC. 33. Roster of Metallurgical Engineers. – A roster showing the names, registration numbers and dates of issue and expiry, current addresses, and place of business of all metallurgical engineers shall be prepared and kept by the Commission which shall be made available to interested parties upon formal written request.

SEC. 34. Foreign Reciprocity. – No foreign metallurgical engineer shall be given a certificate of registration/professional license and professional identification card or be entitled to any of the privileges under this Act unless the country or state of which he is a subject or a citizen permits Filipino metallurgical engineer to practice within its territorial limits on the same basis as the subjects or citizens of said country or state.

SEC. 35. Indication of Certificate of Registration, Professional Tax Receipt and APO Membership. – The metallurgical engineer shall be required to indicate the certificate of registration number and the duration of validity, including the professional tax receipt number and APO membership fee receipt number on the documents one signs, uses or issues in connection with the practice of the profession.

SEC. 36. Posting of Certificates. – Registered metallurgical engineers shall post or cause to be posted in a conspicuous place within the office or place of business the certificate of registration as metallurgical engineer, and one shall present the same upon demand of members of the Board or law enforcement officers of the national, provincial, city or municipal governments.

SEC. 37. Continuing Professional Education (CPE) and/or Development Programs. — All registered metallurgical engineers. and metallurgical plant foremen shall comply with pertinent rules and regulations already prescribed by and/or as may be prescribed and promulgated by the Commission and/or the Board, the APO and other government agencies, pursuant to this Act and other relevant laws, international treaties, agreements and/or covenants to which the Philippines is a signatory and has ratified, with respect to CPE and/or development and/or other similar/related programs.

SEC. 38. Integration of the Metallurgical Engineering Professional. – The metallurgical engineering profession shall be integrated into one (1) national professional organization of metallurgical engineers that—is duly registered with the Securities and Exchange Commission {SEC). The Board, subject to approval by the Commission, shall accredit the said organization as the one and only integrated and APO of metallurgical engineers. All metallurgical engineers whose names appear in the registry book of metallurgical engineers shall ipso facto or automatically become members thereof and shall receive all the benefits and privileges appurtenant thereto upon payment of APO membership fees and dues.

Membership in the integrated APO shall not be a bar to membership in other metallurgical engineering organizations.

ARTICLE V

PENAL AND GENERAL PROVISIONS

SEC. 39. Penal Clause. – The following shall, upon conviction, be punished by a fine of not less than ten thousand pesos (P 10,000.00) but not more than one million pesos (P I,000,000.00) or imprisonment of not less than one (1) month but not more than five (5) years, or both, at the discretion of the court:

(a) Any person who shall practice metallurgical engineering in the Philippines, as defined in this Act, without a valid certificate of registration, a valid professional identification card or a valid temporary/special permit in accordance with the provisions of this Act, unless declared exempt from registration;

(b) Any person presenting or using as one’s own the certificate of registration, professional identification card or temporary/special permit of another;

(c) Any person who shall give any false or forged evidence;

(d) Any person who shall impersonate any registrant of like or different name;

(e) Any person who shall use a revoked or suspended certificate of registration, a valid professional identification card or ajvalid temporary/special permit or an expired/noncurrent professional identification card, or an expired/cancelled temporary/special permit; or

(f) Any person who shall assume, use or advertise any title or description lending to convey the impression that one is a metallurgical engineer without having completed the academic requirements and conferred the appropriate baccalaureate degree for such, or is engaged in the metallurgical engineering practice without holding a valid certificate of registration, a valid professional identification card or a valid temporary/special permit from the Board.

SEC. 40. Legal Effect on Other Professions. – This Act shall not affect or prevent the practice of any other legally recognized profession.

SEC. 41. Enforcement of this Act by the Officers of the Law. — The Board shall be assisted by the Commission in carrying out the provisions of this Act and its IRR and other policies. The lawyers of the Commission shall act as the prosecutors against illegal practitioners and other violations of this Act and its IRR. The duly constituted authorities of government shall likewise assist the Board and the Commission in enforcing the provisions of this Act and its IRR.

SEC. 42. Implementing Rules and Regulations (IRR). – Subject to the approval of the Commission, the Board, in consultation with the APO, shall adopt and promulgate the IRR, the Code of Ethics, and the Code of Professional and Technical Standards for Metallurgical Engineers to carry out the provisions of this Act.

SEC. 43. Funding Provision. – The amount necessary to implement the provisions of this Act shall be included in the annual General Appropriations Act.

SEC. 44. Transitory Provisions. — (a) After the approval of this Act, metallurgical engineers possessing valid certificates of registration issued under Presidential Decree No. 1536, otherwise known as the “Metallurgical Engineering Law of the Philippines”, shall register with the Board and be issued certificates as registered metallurgical engineers under this Act to replace their original certificates of registration, upon payment of the required fees.

(b) The present chairperson and members of the Board shall automatically be issued certificates of registration as registered metallurgical engineers. They shall continue to function in the Board until such time as a new Board shall be constituted under this Act.

SEC. 45. Separability Clause. – If any section or portion of this Act shall be declared unconstitutional or invalid, such shall not invalidate any other section of this Act.

SEC. 46. Repealing Clause. – Presidential Decree No. 1536 is hereby repealed. All other laws, parts of law, orders, ordinances or regulations relative to the practice of metallurgical engineering which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 47. Effectivity. – This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in two (2) newspapers of general circulation in the country.