H. No. 5535; Manila Bulletin, November 7, 2015; 111 OG No. 52, 7700 (December 28, 2015)
TITLE, POLICY AND DEFINITIONS
SECTION 1. Short Title. — This Act shall be known as the “Naval Architecture Law”.
SEC. 2. Declaration of Policy. — The State recognizes the importance of naval architects in nation building and development. The State shall therefore develop and nurture globally competitive naval architects whose standard of professional practice and service shall be of the highest quality through effective regulatory measures, programs and activities.
SEC. 3. Definition of Terms. — As used in this Act, the following terms shall be defined as follows:
a. Naval architecture — a branch of engineering concerned with the hydrodynamic and hull form characteristics of the ship, the structural design of the hull, its maneuverability characteristics and its ability to operate in the marine environment. It includes Marine Engineering which is primarily concerned with the engineering systems including the main propulsion plant, the powering and mechanical aspects of ship functions such as steering, anchoring, cargo handling, heating, ventilation, airconditioning, electrical power generation and distribution and communications;
b. Naval architects — professional engineers who possess a Bachelor of Science degree in Naval Architecture and Marine Engineering, and thus, have completed the study of engineering discipline dealing with the design, construction, maintenance and operation of marine vessels and structures as well’as its machinery and engineering systems;
c. The practice of naval architecture — a person shall be deemed to be practicing naval architecture or rendering naval architecture service when he/she performs the following:
1. Design, preparation of plans, specifications, estimates, project/feasibility studies and supervision of the construction, conversion, modification, repair or survey of any floating vessel or structures, self-propelled or otherwise;
2. Design, preparation of plans, specifications, estimates, project/feasibility studies and supervision of the installation of the main propulsion plant, the powering and mechanical aspects of ship functions such as steering, anchoring, cargo handling, heating, ventilation, airconditioning, electrical power generation and distribution and communications;
3. Consultation, valuation, investigation and management services requiring naval architecture and marine engineering knowledge;
4. Management, operation and maintenance of any shipyard facility with graving dock, ship lift and marine slipways, capable to drydock, repair or do maintenance works on any floating vessels or structures;
5. Teaching of naval architecture professional subjects in government-recognized and accredited engineering schools; and
6. Employment in government as a professional naval architect if his/her work is in line with his/her profession requiring professional knowledge in naval architecture.
The enumeration of any work in this section shall not be construed as excluding any other work requiring naval architecture knowledge and application, including specialized work like ship salvaging and ship recycling.
PROFESSIONAL REGULATORY BOARD OF NAVAL ARCHITECTURE
SEC. 4. Composition of the Board. — There is hereby created a Professional Regulatory Board of Naval Architecture, hereinafter referred to as the Board, which shall be under the administrative control and supervision of the Professional Regulation Commission, hereinafter referred to as the Commission. The Board shall be composed of a Chairperson and two (2) members, who shall be appointed by the President of the Philippines from among those recommended by the Commission, from the nominees of the accredited professional organization (APO) of naval architects.
SEC. 5. 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 their appointment or until their successors shall have qualified and been appointed. The incumbent members may be reappointed for another term of three (3) years immediately after the expiry of their respective terms.
No member shall serve for more than two (2) terms or more than six (6) years, whichever is longer. Any vacancy occurring within the term of a member due to resignation, conviction of any kind, disability or death, or removal from office, shall be filled through an appointment by the President of the Philippines; and such appointed member shall serve only for the unexpired portion of the term vacated. Each member shall take his/her oath of office prior to the official performance of his/her duties.
SEC. 6. Suspension or Removal of the Board Members. — The President of the Philippines, upon the recommendation of the Commission after conducting an administrative investigation and observance of due process, may suspend or remove any member of the Board on any of the following grounds:
a. Gross neglect, incompetence or dishonesty in the discharge of his/her duty;
b. Manipulation or rigging of the licensure examination results, disclosure of examination questions and related confidential information prior to the conduct of the examination, or tampering of the grades;
c. Final judgment or conviction*of any criminal offense; or
d. Unprofessional or unethical conduct.
In the conduct of the investigation, the Commission shall be guided by Section 7(s) of Republic Act No. 8981, otherwise know as the “PRC Modernization Act of2000”, and the applicable provisions of the New Rules of Court.
SEC. 7. Powers and Duties of the Board. – The Board shall exercise the following powers, functions, duties and responsibilities:
a. Supervise and regulate the practice of naval architecture in the Philippines in accordance with this Act;
b. Determine the requirements and evaluate the qualifications of applicants for registration to engage in the practice of naval architecture;
c. Prescribe the subjects in the licensure examination, determine the syllabi of the subjects and their relative weights, construct the test questions in the examinations; and submit the examination results to the Commission;
d. Administer oath and issue certificate of registration to persons admitted to the practice of naval architecture;
e. Suspend or revoke, upon observance of due process, the certificate of registration, professional identification card and temporary/special permits of naval architects for just cause;
f. Prescribe and/or adopt a Code of Ethics and Professional Standards for the practice of naval architecture;
g. Hear and decide administrative cases filed against naval architects for the violation of this Act, its implementing rules and regulations, or the Code of Ethics and Professional Standards. Any decision must be concurred in by majority of the Board. The decision of the Board may be appealed to the Commission within fifteen (15) days from notice, otherwise such decision shall be final and executory;
h. Issue subpoena ad testificandum to secure the appearance and testimony of witnesses, or subpoena duces tecum to direct the production of documents in connection with any administrative case before the Board;
i. Inquire into the conditions affecting the practice of the profession and adopt measures for the enhancement and maintenance of high professional, ethical and technical standards;
j. Prescribe guidelines for the Continuing Professional Development (CPD) program in coordination with the APO for naval architects;
k. In coordination with the Commission on Higher Education (CHED) and the Technical Education and Skills Development Authority (TESDA), and in consultation with other concerned government entities and the APO for naval architecture, study and subsequently prescribe the standards, requisites and qualifications in formulating the curricula to be implemented and determining the facilities to be provided by schools, colleges or universities seeking approval to offer courses or programs in naval architecture and related courses or programs, and to ensure the full and continuous compliance of the schools, colleges or universities therewith;
l. Promulgate and adopt the rules and regulations necessary for implementing and carrying out the provisions of this Act;
m. Adopt an official seal of the Board; and
n. Perform such other functions as may be necessary to implement the provisions of this Act.
SEC. 8. Qualifications of Members of the Board. – A member of the Board must, at the time of appointment, possess the following qualifications:
a. He/she must be a natural-born citizen and a resident of the Philippines for at least five (5) years immediately prior to appointment;
b. He/she must be of good moral character and of sound mind;
c. He/she must be at least thirty-five (35) years of age;
d. He/she must have obtained a Bachelor of Science degree in Naval Architecture and Marine Engineering conferred by a college or university in the Philippines recognized by the CHED, or by a reputable foreign college or university;
e. He/she must be duly registered with the Commission as a naval architect and must have been in active practice for at least ten (10) years;
f. He/she must be a member in good standing of the APO for naval architecture;
g. For at least three (3) years immediately prior to appointment, he/she must not have any pecuniary interest, directly or indirectly, in any college or university conferring an academic degree or certification necessary for admission to the practice of naval architecture, or in an institution offering or conducting review classes in preparation for the licensure examination; nor must he/she be a member of the faculty, teaching staff or administration thereof; and
h. He/she must not have been convicted by a court of an offense involving moral turpitude.
SEC. 9. Custodian of Records, Secretariat and Support. — All records of the Board, including applications for examination, examination papers and results, minutes of meetings, deliberation of administrative and other investigative cases, 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. 10. Compensation and Allowances of the Board Members. — The Chairperson and members of the Board shall receive compensation and allowances comparable to that being received by Chairpersons and members of other regulatory boards under the Commission, as provided for in the General Appropriations Act.
SEC. 11. Annual Report and Annual Meeting. — The Board shall, within thirty (30) days after the close of each calendar year, submit an annual report to the Commission giving a detailed account of its proceedings and accomplishments during the year and containing recommendations to the Commission as the Board may desire to make. At least once a year, the Board shall meet with the APO, representatives of colleges or universities conferring an academic degree or certification necessary for admission to the practice and the CHED to discuss matters concerning the professional practice of naval architecture.
LICENSURE EXAMINATION AND REGISTRATION
SEC. 12. Licensure Examination, Fees and Schedule. — All applicants for registration to engage in the practice of naval architecture shall be required to pass the written licensure examination prescribed herein unless otherwise provided for in this Act.
An applicant admitted to take the examination shall pay fees as may be prescribed before being allowed to take the examination.
The licensure examination shall be given once every calendar year on the date and venue prescribed by the Commission in accordance with Republic Act No. 8981, otherwise known as the “PRC Modernization Act of 2000”.
SEC. 13. Qualification for Examination. — An applicant for admission to the naval architecture examination must possess the following qualifications:
a. He/she must be a citizen of the Philippines, or a citizen of another State which observes reciprocity with the Philippines in the practice of naval architecture;
b. He/she must be of good moral character and of sound mind;
c. He/she must not have been convicted by a court of a crime involving moral turpitude; and
d. He/she must have obtained a Bachelor of Science degree in Naval Architecture and Marine Engineering’ conferred by a college or university in the Philippines recognized by the CHED, or subject to the Board’s evaluation, must have earned an equivalent degree accorded by a reputable foreign college or university.
SEC. 14. Scope of Examination. — The licensure examination for naval architects shall cover the following: general engineering, naval architecture, marine engineering, ship design and construction, maritime rules and regulations.
The Board may modify the coverage of the examinations as required by developments in the professional practice of naval architecture. In such a case, the Board shall consult with the CHED and the APO for naval architects. The Board shall announce revisions in the coverage at least two (2) years prior to their inclusion in the licensure examination.
SEC. 15. Ratings. – To pass the licensure examination, the applicant must obtain a general average of at least seventy percent (70%), with no rating below sixty percent (60%) in any of the subjects.
SEC. 16. Report of Ratings. – The Board shall submit to the Commission the ratings obtained by the applicants within fifteen (15) days after the examinations, unless extended for just cause.
SEC. 17. Reexamination. — An applicant who fails to pass the examination for the third time shall be allowed to take another examination only after the lapse of one (1) year.
SEC. 18. Issuance of the Certificate of Registration. – A certificate of registration for naval architects shall be issued by the Board to applicants successfully passing the relevant licensure examination and satisfying the other requirements under this Act, subject to the payment of fees prescribed by the Commission. The certificate of registration shall indicate the full name of the registrant and his/her registration number, bear the signatures of the Chairperson of the Commission and the members of the Board, and contain the official seal of the Commission and the Board. The certificate of registration shall remain in full force and effect until withdrawn, suspended or revoked in accordance with this Act.
SEC. 19. Issuance of Professional Identification Card. – A professional identification card shall be issued to holders of a valid certificate of registration for naval architects, subject to the payment of fees prescribed by the Commission. The professional identification card shall indicate the full name of the registrant and his/her registration number, bear the signatures of the Chairperson of the Commission and Chairperson of the Board, and contain the official seal of the Commission and the Board. The professional identification card shall be valid for a period of three (3) years, subject to renewal: Provided, That the certificate of registration shall not have been suspended or revoked under the provisions of this Act.
SEC. 20. Requirement of Certificate of Registration and Professional Identification Card in the Practice of Naval Architecture.— Unless exempt from examination or registration under this Act, no person shall practice or offer to practice as a naval architect in the Philippines without having previously obtained a certificate of registration and a professional identification card. A person who secured a certification of registration and professional identification card shall be entitled to practice as a naval architect with all the privileges appurtenant thereto, subject to compliance with all applicable requirements.
SEC. 21. Oath. — All applicants who successfully passed the licensure examination shall be required to take their oath before the Board or any government official authorized by the Commission, prior to the issuance of the certificate of registration.
SEC. 22. Integrated and Accredited Professional Organization. – There shall be one (1) integrated and APO for naval architects in the country, which shall be registered with the Securities and Exchange Commission as a nonstock, nonprofit corporation. The Board, subject to approval by the Commission, shall accredit said organization as the one and only integrated and APO for naval architects.
All naval architects whose names appear in the registry book of the Board shall automatically become members of the APO and shall receive all the benefits and privileges appurtenant thereto, upon payment of membership fees and dues. Membership in this APO shall not be a bar to membership in other professional associations, maritime-related or not.
Compliance to CPD programs as promulgated by the Commission shall be one of the requirements for the maintenance of membership in good standing in the APO.
Failure to maintain membership in good standing with the APO shall be a cause for delisting from the roster of professionals.
SEC. 23. Continuing Professional Development (CPD) Programs. – The CPD Program guidelines for naval architects shall be prescribed and promulgated by the Board, subject to the approval of the Commission. The Board shall create a CPD Council to administer the CPD Program. The CPD Council shall be composed of a Chairperson coming from the Board, a member from the APO and a member from the academe.
SEC. 24. Exemption from Examination and Registration. — The following persons shall be exempt from the examination and registration requirements under this Act: Provided, That they must have first secured the appropriate temporary/spedal permits from the Board:
a. Foreign professional naval architects who are temporarily employed by the Philippine government or private firms to work in the Philippines under any of the following applicable cases:
1. Where no qualified equivalent Filipino professional naval architect is available for the specific work to be rendered, as attested to by the APO;
2. Where the conditions of the scope and funding for the work or project are such that it stipulates the temporary employment of a foreign professional naval architect;
3. As defined in the General Agreement on Trade and Services, the Association of Southeast Asian Nation (ASEAN) and Asia Pacific Economic Community (APEC) Engineer Registry programs and other similar international treaties, agreements and/or covenants which the Philippine government has ratified: Provided, however, That:
i. The foreign professional is legally qualified to practice his/her profession in his/her own country, wherein the required standards for examination and registration are not lower than those specified under this Act;
ii. The work to be performed by said foreign professional shall be limited only to the particular work or project for which he/she was specifically contracted;
iii. Prior to commencing the work, the foreign professional shall have already secured the temporary/special permit from the Board, with the approval of the Commission: Provided, That the temporary/special permit shall precede the issuance of any working visa and/or permit by the Department of Labor and Employment in favor of said foreign professional;
iv. The foreign professional shall not engage in private practice on his/her own account;
v. For every foreign professional contracted for the work or project, at least one (1) corresponding Filipino professional who is registered under this Act shall be employed as counterpart by the Philippine government or the private firm utilizing the services of such foreign professional for at least the same duration of time as the foreigner’s tenure of work; and
vi. The temporary/special permit herein granted and issued by the Board shall be valid only for a period of not more than six (6) months and renewable every six (6) months thereafter subject to the discretion^ the Board and the approval of the Commission: Provided, That said permit shall cease to be valid if the foreign professional terminates his/her employment in the work or project for which said permit was originally granted and thereafter engages in an occupation that requires another temporary/special permit under this Act.
b. Those who make plans or specifications for any boat, dugout or other floating vessels made of wood, fiber-reinforced plastic, steel and other materials, for pleasure or business purposes; and those who construct for themselves, either personally or otherwise, any such floating vessel without utilizing the services of a registered naval architect for as long as these vessels or constructed materials do not exceed five (5) gross tons.
c. Draftsmen, apprentices and subordinates of or other persons undergoing training under the supervision of those lawfully engaged in the practice of naval architecture, who perform any of the acts constituting such practice under the instruction, control and supervision of their engagement, strictly pursuant to and for the purpose of such training.
SEC. 25. Non-issuance of Certificate of Registration and Professional Identification Card. — The Board and/or the Commission shall not issue a certificate of registration and professional identification card to the following:
a. A person convicted by a court of any criminal offense involving moral turpitude; and
b. A person of unsound mind.
The Board shall furnish the person concerned a written statement containing the reasons for such action, which statement shall be incorporated in the records of the Board.
SEC. 26. Suspension and Revocation of Certificate of Registration, Professional Identification Card and Temporary/Special Permits. — The Board shall have the power, after due notice and hearing, and in consultation with the APO, to suspend or revoke the certificate of registration, professional identification card, or temporary/special permits on any of the following grounds:
a. Any act of misrepresentation, dishonesty, unethical conduct or gross incompetence in connection with the performance of his/her profession as defined in this Act or any law inimical to the profession;
b. Gross immorality or commission of any act involving moral turpitude;
c. Any person who has been convicted of any criminal offense by final judgment of a court of competent jurisdiction; or
d. Any person who has been judicially declared to be of unsound mind.
SEC. 27. Reinstatement, Reissuance or Replacement of Certificate of Registration, Professional Identification Card and Temporary/Special Permits. – The Board, upon application and for reasons deemed proper and sufficient, may reinstate the validity of a revoked certificate of registration, professional identification card and temporary/special permit, two (2) years after its revocation, subject to compliance with the requirements and penalties to be imposed by the Board and/or Commission, if any: Provided, That he/she did not commit any illegal practice of the profession or any violation of this Act, its implementing rules and regulations and the Code of Ethics for Naval Architects during the time that his/her certificate of registration, professional identification card or temporary/special permit was revoked.
A new certificate of registration, professional identification card or temporary/special permit to replace any lost, destroyed or mutilated certificate of registration, professional identification card or temporary/special permit may be issued, subject to the rules promulgated by the Board and the Commission, and upon payment of the required fees.
SEC. 28. Seal of Registered Naval Architects. — All registered naval architects shall obtain and use a seal of a design prescribed by the Board, bearing the registrant’s name, the registration number and the legend, “Registered Naval Architect”.
Designs, plans, specifications, project studies, reports, proposals and other professional documents prepared by and/or executed under the supervision of and issued by a registered naval architect shall be stamped on every sheet/page with said seal with his/her signature, current Professional Tax Receipt (PTR) number, date/place of payment and valid/current membership identification number from the APO when filed with government authorities or when submitted or used professionally: Provided, That it shall be unlawful for any registered naval architect or his/her representative* to stamp or use said seal on any document if the professional identification card had been revoked or due to expire within one (1) month.
SEC. 29. Vested Rights. — All naval architects holding a valid certificate of registration and professional identification card at the time of effectivity of this Act shall be automatically registered and recognized as registered naval architects and shall be issued a new certificate of registration and professional identification card with the same license number as their original certificate of registration and professional identification card, subject to the payment of prescribed fees and other requirements of the Board and/or the Commission.
SEC. 30. Prohibitions. – Unless authorized under this Act, it shall be unlawful for:
a. Any person to order or otherwise cause the construction, conversion or alteration of any floating vessel or equipment for any work or project to be done in the Philippines whether for domestic or overseas trade unless the design, plans or specifications have been prepared under the responsible charge of, and duly signed and sealed by a registered naval architect.
Likewise, said designs, plans or specifications must be approved by a registered naval architect in accordance with the standards prescribed by national and/or international maritime rules, regulations and conventions.
b. Any person to admeasure and calculate gross and net tonnages of a vessel of more than five (5) gross tons for the assessment of anchorage, wharfage, berthing, pilotage, dry docking, Panama or Suez Canal dues and other passages; and to inspect a vessel’s hull, its outfitting and its main and auxiliary machineries unless carried out by or be under the responsible charge of a registered naval architect;
c. Any person to teach professional subjects in naval architecture course unless he/she is, at least, a duly registered naval architect with the Board and the Commission;
d. Any shipyard for new building, conversion, alteration or repair of any floating vessel or equipment to operate without contracting the services of a registered naval architect;
e. Any ship recycling or ship salvaging works or projects to be performed without contracting the services of a registered naval architect;
f. Any classification society or third party certification body operating in the country, whether wholly-owned by a Filipino or part of a multinational organization, to conduct surveys and inspection of floating vessels and equipment without contracting the services of a registered naval architect, and;
g. Any firm, partnership, corporation or association to practice naval architecture, as only persons who are properly registered may practice naval architecture. However, duly registered naval architects may form partnerships, corporations or associations among themselves or with other registered architects and use the title “Naval Architects”, “Architects” or “Engineers” in their company’s corporate name.
SEC. 31. Foreign Reciprocity. – No foreigner shall be admitted for registration as licensed naval architect with or without examination under this Act unless he/she proves in the manner as provided by the Board that, by specific provisions of law, the country or State of which he/she is a citizen, subject or national, or in accordance with international treaties, agreements and/or covenants to which their country or State is a signatory, admits Filipino citizens to practice as licensed naval architect after an examination or registration process on terms of strict and absolute equality with the citizens of said country or state, including the unconditional recognition of professional licenses issued by the Board A and/or the Commission and prerequisite degrees/diplomas issued by institutions of learning duly recognized by the government of the Republic of the Philippines.
SEC. 32. faster of Naval Architects. — The Board shall prepare and maintain a roster of the names, residence and/or office address of all registered naval architects, which shall be updated annually in cooperation with the APO, indicating therein the status of their certificate of registration, professional identification card and membership in-the APO, whether valid, inactive due to death or other reasons, delinquent, suspended or revoked. The said roster information shall be made available to the public upon inquiry or request.
SEC. 33. Positions in Government Requiring the Services of Registered Naval Architects. — Within one (1) year from the effectivity of this Act, all existing and proposed positions in the local and national government, whether career, permanent, temporary or contractual and primarily requiring the services of naval architects shall accordingly be filled only by registered naval architects.
The Maritime Industry Authority, the Philippine Coast Guard and the Board of Marine Inquiry as convened shall provide permanent seats in their respective Boards for the APO of naval architects in order to continuously promote and sustain maritime safely in the country with sound technical advice and guidance on ship design, construction, operations and maintenance.
SEC. 34. Enforcement Assistance to the Board. – The Board shall be assisted by the Commission in carrying out the provisions of this Act and its implementing rules and regulations and other policies. The lawyers of the Commission shall act as prosecutors against illegal practitioners and other violators 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.
SEC. 35. Penal Clause. — In addition to the administrative sanctions imposed under this Act, any person who violates any of the provisions of this Act and its rules and regulations shall, upon conviction, be penalized with a fine of not less than fifty thousand pesos (P50,000.00) but not more than one million pesos (P1,000,000.00) or imprisonment for a period of not less than six (6) months nor more than three (3) years, or both fine and imprisonment, at the discretion of the court.
SEC. 36. Implementing Rules and Regulations. – Subject to the approval of the Commission, the Board in coordination with the APO, shall adopt and promulgate such rules and regulations including the Code of Ethics and Code of Technical Standards of Practice for Registered Naval Architects to comply with the provisions of this Act within ninety (90) days after the approval of this Act and which shall then be published in the Official Gazette or in a newspaper of general circulation and shall be effective fifteen (15) days after publication thereof.
SEC. 37. Funding Provisions. – Such sums as may be necessary to carry out the provisions of this Act shall be included, in the General Appropriations Act of the year following its enactment into law and thereafter.
SEC. 38. Repealing Clause. — Republic Act No. 4565, otherwise known as “The Naval Architecture and Marine Engineering Law” is hereby repealed. All other laws, decrees, orders, rules and regulations, ordinances and other issuances or parts thereof, which are inconsistent with this Act, are hereby superseded, repealed or amended accordingly.
SEC. 39. Separability Clause. — If any provision of this Act or any portion hereof is declared unconstitutional by any competent court, the other provisions hereof shall not be affected thereby.
SEC. 40. Transitory Provisions. –
a. Upon approval of this Act, valid certificates of registration and professional identification cards as possessed by registered naval architects shall continue to be valid until its expiry. After which, they shall be renewed in full compliance with all the provisions of this Act.
b. Faculty members currently teaching naval architecture courses in higher education institutions shall not be allowed to continue teaching after one (1) year from the approval of this Act, unless they are or have become, at least, a Registered Naval Architect, and has complied with the applicable requirements and qualifications prescribed under tins Act. ;.
c. Upon effectivity of this Act, the present Board of Naval Architecture and Marine Engineering shall continue to function in the interim until such time as the new Board shall have been appointed and constituted. This new Board shall formulate and thereafter promulgate the implementing rules and regulations of this Act in consultation with the APO.
SEC. 41. Effectivity. – This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in any newspaper of general circulation.
(SGD.) FELICIANO BELMONTE JR.
(SGD.) FRANKLIN M. DRILON
Senate Bill No. 2482, which was approved by the Senate on August 17, 2015, was adopted as an amendment to House Bill No. 5535 by the House of Representatives on August 26, 2015.
(SGD.) MARILYN B. BARUA-YAP
(SGD.) OSCAR G. YABES
Approved: NOV 13 2015
(SGD.) BENIGNO S. AQUINO III
President of the Philippines