SECTION 1. Title of the Decree. This Decree shall be known as the "Philippine Aeronautical Engineering Decree."
SEC. 2. Objectives. This Decree provides for and shall govern:
SEC. 3. Creation of the Board. There is hereby created under the Professional Regulation Commission a Board of Aeronautical Engineering, hereinafter referred to as the Board, which shall be composed of a Chairman and two members, all to be appointed by the President of the Philippines from among the registered aeronautical engineers of recognized standing in the Philippines upon recommendation of the Commission which shall exercise jurisdiction, general supervision, and administrative control over the Board in accordance with the powers vested in it under existing laws.
SEC. 4. Qualifications of Board Members. No person shall be appointed member of the Board of Aeronautical Engineering unless at the time of his appointment, he possesses the following qualifications:
SEC. 5. Term of Office. The Members of the Board shall hold office for a term of three years from and after the date of their appointment: Provided, however, that of the first appointees to the Board, one shall serve for a term of one year and shall automatically be the Chairman thereof; one for two years and shall serve as Member during the first year, then shall automatically be the Chairman in the subsequent remaining year; and one for three years and shall serve as Member for the first two years and shall then automatically be the Chairman in the third year. Thereafter, chairmanship shall be by seniority membership in the Board, serving first as Member for the first two years, then Chairman in the third year.
No Member of the Board shall serve for more than two (2) successive complete terms and, in case of vacancy by reason of death, resignation, or removal of an incumbent Member, the same shall be filled for the unexpired portion of the term of the previous incumbent. Each Member of the Board shall qualify by taking the proper oath of office before entering upon the performance of his duties.
SEC. 6. Removal of Member. Any member of the Board may, upon recommendation of the Commission be removed by the President of the Philippines by reason of neglect of duty, incompetence, commission or tolerance of irregularities in the examinations, malpractices, or unprofessional or unethical, immoral, or dishonorable conduct, after having given the opportunity to defend himself in a proper administrative investigation to be conducted by the Commission.
SEC. 7. Powers and duties of the Board. Subject to review by the Commission, the Board is vested with authority, conformably with the provisions of this Decree, to—
The Code of Ethics and the rules and regulations shall be published by the Board in the Official Gazette and shall take effect fifteen days after the publication.
SEC. 8. Procedure of investigation of violations. The Board shall investigate all violations of the provisions of this Decree and the rules and regulations issued thereunder as may come to its knowledge. For this purpose, the Board shall issue subpoena and subpoena duces tecum to secure the appearance of witnesses and the production of books, papers, documents, records and any or all pertinent data as may be necessary in connection with the charges presented to or any investigation pending before the Board. Any Member of the Board may administer oaths or affirmations of witnesses appearing before it.
The Board shall have the power to hold any person in contempt, directly or indirectly and impose appropriate penalties therefor.
A person guilty of misbehaviour in the presence of, or so near the Chairman or any Member of the Board as to obstruct or interrupt the proceedings before the same, including disrespect toward said officials, offensive personalities toward others, or refusal to be sworn or to answer as a witness or to subscribe an affidavit or deposition when lawfully required to do so, may be summarily adjudged in direct contempt by said officials and punished by a fine not exceeding P100.00.
The person adjudged in direct contempt by the of the Board or Member thereof may appeal to the Commission and the execution of the judgment shall be suspended pending the resolution of the appeal.
Indirect contempt shall be dealt with by the Chairman or Member of the Board in the manner prescribed by the Revised Rules of Court.
All decisions of the Board shall be made en banc. However, hearing and reception of evidence may be conducted by the hearing officer or professional regulations attorney of the Commission.
SEC. 9. Compensation of Members. Each Member of the Board shall receive a compensation of not less than fifteen pesos for each applicant who shall take the written board examinations, and ten pesos for each certificate of registration to be issued to temporary registration as provided for under Section twenty-one of this Decree.
Any registered aeronautical engineer in the service of any branch of the government of the Philippines appointed as Member of the Board shall receive the same compensation herein provided, in addition to his regular compensation in the government service. All authorized expenses of the Board, including the compensation of the Members thereof, shall be paid by the collecting and disbursing officer of the Commission out of the collection of fees and such other charges fixed under this Decree.
SEC. 10. Conduct of Examinations. The Commission and the Board shall jointly conduct the written examinations given by the Board in accordance with this Decree and the rules and regulations promulgated thereunder.
SEC. 11. Schedule of fees. The following fees shall be collected by the Board from any person dealing with it:
a. For the filing of application for written examination P100.00b. For the issuance of certificate of registration to successful examinees 50.00c. For the issuance of certificate of registration to temporary registrants 250.00d. For registration without examination 150.00e. For the issuance of permit Under Section 21 30.00f. For the reinstatement of a revoked or suspend certificate of registration as well as the replacement of lost, destroyed or mutilated certificate of registration 25.00
SEC. 12. Annual report of the Board. The Board shall, within sixty days following the end of each fiscal year, submit to the Commission an annual report on its activities during the fiscal year just ended.
SEC. 13. Board of Examinations. Unless otherwise specifically exempted from taking the written examinations as provided for under Section twenty of this Decree, all applicants for registration for the practice of aeronautical engineering shall first undergo the required written technical examinations.
SEC. 14. Qualifications for examinations. Any person who shall apply for admission to take the written examinations for aeronautical engineers shall establish to the satisfaction of the Board that he has the following qualifications:
SEC. 15. Schedule of examinations. Written examinations of candidates desiring practice aeronautical engineering in the Philippines shall be given by the Board once a year at a date and place to be fixed by the Commission.
SEC. 16. Scope of examinations. The examinations provided in this Decree shall consist of written test which shall cover the following subjects: Mathematics, Aerodynamics; Aircraft Structures and Design; Powerplant Theory and Practice; and Air Laws and Regulations, and such other related subject as the Board may deem necessary; Provided, That in case of increase in the number of subjects, the corresponding relative weight credited for every subject shall be reduced accordingly and the relative weight that may be deducted therefrom shall be credited to the additional subject or subjects; Provided, further, That the relative weights that will be deducted shall always be divisible exactly by five.
SEC. 17. Passing average. In order that a candidate may be deemed to have passed the examinations successfully, he must have obtained a general weighted average of seventy-five per cent in all subjects, with no rating below fifty per cent in any subject. Subject to approval of the Commission, the Board shall have the power to prescribe, amend, or revise the subjects and their corresponding relative weights.
SEC. 18. Report of Ratings. Within ninety days after the last day of the examinations or on such date as may be determined by the Commission, the Board shall submit its report on the ratings obtained by each candidate to the Commissioner of the Commission for approval or other appropriate action. All ratings shall be released at least seventy days before the next examination period.
SEC. 19. Certificate of registration. All successful candidates in the written examinations shall each be issued by the Board a certificate of registration as aeronautical engineer upon payment of the required fee. The certificate of registration, to be signed by the Members of the Board and approved by the Commissioner shall bear the full name of the registrant and the serial number of the certificate, and shall be authenticated with the official seal of the Board.
The issuance of the certificate of registration by the Board under this Decree shall be evidence that the person named therein is entitled to all the rights and privileges of a registered aeronautical engineer while it remains unrevoked or unsuspended.
Before commencing the practice of aeronautical engineering, all registrants under this Decree shall be required to take professional oaths before the Board or before any person authorized to administer the same.
SEC. 20. Registration without examinations. The Board may issue certificates of registration as aeronautical engineers to the Members of the first Board and to any applicant for registration without the necessity of taking the written examinations prescribed under Section thirteen of this Decree: Provided, that
For purposes of this section, the teaching of aeronautical engineering in any recognized university, college, institute, or school shall be considered as active practice of aeronautical engineering: Provided, That the evidence thereof shall be duly certified by the Registrar of the institution of learning concerned and under oath.
SEC. 21. Temporary registration; issuance of special permits. Upon application and payment of the required fee, and subject to approval of the Commission, the following may be granted temporary certificates of registration as aeronautical engineer to practice aeronautical engineering in the Philippines;
Subject to approval of the Commission, the Board may issue a special permit, renewable every year, to any person specified under this section who shall file with it an application for the issuance of such permit, accompanied by evidence or other proof satisfactory to the Board showing that the applicant is competent to perform the service or activity for which said permit is sought, and that the issuance of such permits will not jeopardize the interests of any citizen of the Philippines duly registered as aeronautical engineer under this Decree: Provided, That such permit shall be subject to the rules and regulations of the Board, and may be suspended, revoked, or reissued by the Board in the manner prescribed for the suspension, revocation and reissuance of the certificate of registration.
Nothing in this Decree shall be construed to prevent aeronautical engineering students, apprentices and other persons employed or acting as subordinates of, or undergoing training under a person holding a valid certificate of registration, from performing any of the acts constituting the practice of the said profession under the instruction, control and supervision of their employer.
SEC. 22. Refusal to issue certificate. The Board may refuse to issue certificate of registration to any person convicted by a court of competent jurisdiction of any criminal offense involving moral turpitude, or to any person guilty of unprofessional, unethical, immoral or dishonorable conduct, or to any person of unsound mind. In the event of refusal to issue a certificate the Board shall forthwith furnish the applicant a written statement setting forth its reason or reasons for such action, which statement shall be incorporated in the records of the Board.
SEC. 23. Suspension and revocation of certificate. The Board shall have the power, after proper notice, to reprimand an aeronautical engineer, suspend or revoke his certificate of registration for any of the grounds enumerated in the next preceeding section or by reason of malpractice, incompetence and gross negligence of the registered aeronautical engineer concerned, or by reason of the use or perpetration of any fraud, deceit, or false statement in obtaining such certificate of registration, or refusal to join and to remain a member of good standing of the integrated professional organization of aeronautical engineering which is accredited by the Commission.
SEC. 24. Reinstatement or replacement of certificate. After the expiration of two years from the date of revocation or suspension of a certificate of registration, the Board may, in its discretion and for reason it may deem meritorious, reinstate the validity of a revoked or suspended certificate, or issue a new one in lieu of the one previously revoked upon payment of the required fee.
SEC. 25. Seal and its use. All aeronautical engineers shall obtain official seal of a design prescribed by the Board bearing the registrant's name, the number of his registration certificate, and the words; "Aeronautical Engineer." Plans, specifications, reports and such other professional documents prepared by or executed under the immediate supervision of, and issued by an aeronautical engineer shall be stamped on every sheet thereof within the official seal when filed with government authorities, or when submitted or used professionally during the life of the registrant's certificate.
It shall be unlawful for anyone to affix his official seal on any document after his certificate of registration has expired or has been revoked or suspended, unless said certificate shall have been renewed, reissued, or reinstated.
SEC. 26. Posting certificates. The owner, manager or other person in-charge of any aircraft or of firm, co-partnership, corporation, or joint corporation operating an aircraft shall post or cause to be posted in any conspicuous place within such station or establishment the certificate of registration of the aeronautical engineer or engineers employed in such station or establishment.
SEC. 27. Meaning of practice of aeronautical engineering. The practice of aeronautical engineering shall constitute in holding out oneself as skilled in the knowledge, science, and practice of aeronautical engineering, and as qualified to render professional services as an aeronautical engineer; or offering or rendering, or both, on a fee basis or otherwise, services such as planning, designing, analyzing, constructing, assembling, installing, altering or maintaining of aircraft structures, power plants or accessories through scientific or accepted engineering practice, or the teaching of the same in any university, college, institute, or school of learning duly recognized by the Government of the Philippines.
An aeronautical engineer shall be considered such in the practice of his profession, if the nature and character of his employment whether as an officer or employee in a private enterprise or educational institution involves decision-making requiring professional knowledge in the science of aeronautical engineering, and such employment or position requires that the holder thereof must be an aeronautical engineer; or if he holds or is appointed to a position in the aeronautical engineering occupational group in the government or in government-owned or controlled corporations, including those performing proprietory functions, where a civil service eligibility as an aeronautical engineer is a prerequisite.
SEC. 28. Unlawful practice. It shall be unlawful for:
SEC. 29. Definitions. The following definitions, unless the context otherwise requires, shall govern in the application and construction of this Decree.
SEC. 30. Enforcement of this Decree by officers of the law. It shall be the duty of all duly constituted law-enforcing officers of the National Government, or of any of its agencies or instrumentalities to enforce the provisions of this Decree and to prosecute any person violating the same.
SEC. 31. Roster of aeronautical engineers. A roster showing the names, the addresses and places of business, and the names and addresses of the employers, if they are so employed, shall be prepared by the Commission at least once a year. Copies of this roster shall be sent to the President, the Secretary of Public Works, Transportation and Communications, the Director of Civil Aviation, the Director of Public Works, the Secretary of Public Highways, the Commissioner of Customs, any person or corporation operating and maintaining aircrafts, and such other bureaus, government entities or agencies as may be deemed necessary, and to the public upon request.
SEC. 32. Integration of Aeronautical Engineering Profession. The Commission shall adopt rules to effect the integration of aeronautical engineering under such conditions as it shall see fit in order to raise the standards of the profession and enable it to discharge its public responsibilities more effectively.
SEC. 33. Penalties for violations of this Decree. The penalty of imprisonment ranging from six months to six years and a fine ranging from two thousand pesos to six thousand pesos, or both such imprisonment and fine, in the discretion of the court, shall be imposed upon:
SEC. 34. Separability Clause. If any provision of this Decree or any portion thereof is declared unconstitutional by any competent court, the other provisions thereof shall not be affected thereby.
SEC. 35. All laws, decrees, executive orders, rules or regulations or parts thereof in conflict with the provisions of this Decree are hereby repealed, amended or modified accordingly.
SEC. 36. Effectivity. This Decree shall take effect immediately.
Done in the City of Manila, this 11th day of June, in the year of Our Lord, nineteen hundred and seventy-eight.
(Sgd.) FERDINAND E. MARCOS
President of the Philippines
By the President:
(Sgd.) JACOBO C. CLAVE Presidential Executive Assistant