che 555 code of ethics

8/3/2019 ChE 555 Code of Ethics

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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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CODE OF ETHICS

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