Title : Republic Act No.

8495 - Philippine Mechanical Engineering Act of 1998

Practice of Mechanical Engineering

● Consultation o Engineering design
● Management of erection of mechanical equipment
● Management of maintenance of mechanical equipment
● Management of the manufacture, or sale
● Teaching
● Employment in government

Creation and composition of Board: a chairman and 2 board members

● 5 nominees submitted by duly accredited association of ME in the Philippines
● 3 recommendees for each position, chosen, ranked by Professional Regulation
Commission
● 1 chairman and 2 board members appointed by the President of the Philippines

Qualification of Members of the Board:

● Natural born citizen and resident of the Philippines for at least 5 years
● Must be at least 35 years old
● Holder of the degree of BSME conferred by a school or university that is
accredited by the commission on higher education
● A PME with a valid professional license and an active practitioner for not less
than 10 years prior to his appointment
● Must not be a member of any school, academy, or university for a period of 3
consecutive years prior to appointment
● Must not be a member of any review centers for a period of 3 consecutive years
prior to appointment
● Has never been convicted by law of any offense involving moral turpitude
● Must not be a national officer of the accredited association of ME of the
Philippines at the time of the appointment
Term of Office: 3 years(1 term) with no more than 2 regular terms
Categories of Mechanical Engineers
1. Professional Mechanical Engineer (2000 kW or more)
2. Mechanical Engineer (300 kW to 2000 kW)
3. Certified Plant Mechanics (100 kW to 300 kW)

Qualification for PME:

● Citizen of the Philippines
● Graduated from an engineering schools
● A registered Mechanical Engineer and a holder of a valid professional license
 ● Has a specific record of a total of 4 years or more of active mechanical
engineering practice from time he became a RME
● Attested by at least 2 Professional Mechanical Engineer
● Has never been convicted by law of any offense involving moral turpitude
● Competent to practice

Qualification for Certified Plant Mechanics:

● Citizen of the Philippines
● Graduated from vocational school duly recognized by the government after
completing an approved course not less than 2 years in stationary or power plant
engineering of any mechanical plant operation
● Has a specific record of an additional 1 year or more of active practice in
mechanical plant operation
● Can read, write and speak English or any of the major Philippines dialects
● Has never been convicted by law of any offense involving moral turpitude

Qualification sa Scope of Examination ng PME:

● pag pme raw ay dadaan sa pagpapasa ng technical report at interview

● dalawang interview at haharap sa dalawang member ng board
● 1st topic sa interview : Field of ME as a whole, laman ng ME Law and code of
ethics of ME
● 2nd Interview :About sa Technical/ Engineering Report na sinubmit
● Interview - 50%
● Technical Report -50%

Subjects in Mechanical Engineers:

1. Machine Design, materials and shop practice - 30%
2. Industrial and Power Plant Engineering - 35%
3. Mathematics, Engineering Economics & Basic Engineering Services - 35%

Subjects in Certified Plant Mechanics:

1. Elements of Power Plant Machinery -30%
2. Elements of Industrial Plant Machinery -35%
3. Shop Machinery Practice -35%

Method or Assessment sa Plant Mechanics and Mechanical Engineer:

● Written Examination
Grounds for suspension or revocation of certificates
● Perpetuation of a fraud or deceit in obtaining certificate registration
 ● Unprofessional or dishonorable conduct
● Negligence
● Non-compliance of CPE requirements
● Abatement of the illegal practice of mechanical engineering
● Violation of the code of ethics for ME and Certified plant mechanics
● Violation of policies of the board

Program of Examination: Board shall issue a program for every scheduled not later
than 20 days before the first day of examination

Ratings: Must obtain an average of 70% in all subjects with no rating of 50% in any of
the subjects

Re-examination: 3 failures shall be allowed to take another examination only after the
lapse of 1 year from the date of the last examination.

*Full Computerization of Examination: Board members shall prepare at least 500 test
questions and shall replenish within 60 days from the release of the result of the
examination with at least 300 test questions every after exam until the bank has
reached a total of 2000 questions.

Section 21-22:
● Yes required and Oath Taking.
● 3 years validity ng license.
● expiration ng license ay sa bday on the 3rd year of validity.
● Renewal Requirements: 45pts CPE(Continuing Professional Education) Points +
Renewal Fee

Need gawin after pumasa sa board exam and before magwork:

● pupunta sa prc and magbabayad ng fee and magpapasa ng document
● Oath taking(Hindi lang sa Board of ME pedeng manumpa, pedeng manumpa sa
authorized person na magadminister )

Obligation : A juridical necessity to give, to do or not to do

● Latin word “Obligare” means to bind through giving, doing or not doing
something

Requisites of an obligation:
1. Vinculum - the link that binds the parties
 2. Prestation - giving, doing or not doing something
3. Active/ oblige/ creditor - person who holds the right to demand
4. Passive/obligor/ debtor - the person whom the prestation may be demanded

Sources of Obligation:
1. Laws - rule of conduct, just, obligatory and laid down by the
legitimate authority
2. Contracts - meeting of minds between two persons whereby binds
himself with respect to the other
3. Quasi-contracts
a. Negotorium gestio - the voluntary administration or management of an
abandoned business or property belonging to another without his consent
b. Solutio indebiti - Juridical relation which is created by virtue of a
payment
4. Crime - acts or omissions punishable by law
5. Quasi-delicts - legal wrong committed through fault or negligence causing
damage to a person or property through reckless imprudence.
Ex: Obligation by accident

Liability of obligor for fraud, negligence, delay, etc:

Fraud - panloloko
Negligence - may gagawin na something na hindi nagawa
Delay - delay itself
● Dapat icarry lahat ng damages

Fortuitous event: unexpected event or act of God which cannot be foreseen or

resisted
● No person shall be responsible for those events

Kinds of Obligation:
1. Pure and Conditional
a. Pure Obligation -pure obligation without any condition
b. Conditional Obligation
i. Suspensive
1. If the this is lost without the fault, the obligation shall be
extinguished
2. If the things is lost through the fault, he shall be obliged to
pay the damages
3. When the thing deteriorate without the fault of debtor, si
creditor pede piliin na icancel na lang ang obligation
 4. If it is improved at the expense of the debtor, walang
karapatan sa improvements
5. If the thing is improved by its nature, magbebenefit ang
creditor not the debtor
ii. Resulatory
- If nagawa na or nasunod na ng both parties and need nila
ibigay ay matatapos na ang obligation

2. Obligation with a Period - there is a fix time and date kelan matatapos or
ibibigay
3. Alternative - various prestations are due. May pagpipilian
4. Facultative - ex: nawala yung kwintas na hiniram so either
babayaran niya yung kwintas or papaltan ng bago with the same amount
5. Joint - naghahati-hati sa obligation - equally distributed
6. Solidary - not distributed evenly. Required na isang buo ang
ibabayad sa creditor.
7. Divisible - one capable of being performed partially
8. Indivisible - no partial performance is permitted
9. Obligation with a Penal Clause
a. Penal Clause - attached to the principal obligation to insure its fulfillment
- Parang another penalty pag hindi nagawa ang obligation

Modes of Extinguishing Obligations

1. By payment or performance
a. Dacion -Ex: nagpapautang ng pera, if di kayang bayaran ay pedeng
bayaran ng ibang bagay na nagvavalue sa inutang
b. Cession -Ex: pedeng properties ibayad
● Voluntary Cession - consent the creditors is needed
● Legal or judicial - approval of court is required
c. Consignation - done through actual offering

2. By loss of thing due

3. By condonation or remission of debt
4. By confusion or merger of the rights of creditor and debtor
5. By compensation
6. By novation

Contracts - “meeting of the minds between two persons whereby one binds himself,
with respect to the other, to give something or to render some service.
Contracts and Agreement - every contract is based on agreement, not every
agreement is a contract

Contract and Obligation - obligation is the legal tie or relation itself that exists after a
contract has been entered into

Stages of Contract
1.Preparation or conception - negotiation
2. Perfection or birth - agreement of both parties
3. Consummation or termination - gagawin ang obligation or implementation of
contracts

Classification of Contracts
1. Express and Implied Contracts -
● Express - intentions of both parties ay nakikita by word (verbal or written)
● Implied - Behavior (actions)
2. Unilateral and bilateral contracts
● Unilateral - isang party lang ang may obligation
● Bilateral - both parties ay may obligation
3. Consensual and real contracts
● Consensual - may consent
● Real - pagbibigay ng real property
4. Executed and Executory Contracts -
● Executed - contracts na tapos na
● Executory - contracts na di pa natatapos or gagawin pa lang
5. Nominate and innominate contracts
● Nominate - may special name/ title by law
● Innominate - walang specific na name or title

Freedom on Contracts - anything pede ilagay sa contract pero hindi against sa law,
moral and public order or policies

Contrary to Law - If the object and the cause of the contract is prohibited or against the
law the contract will be held null and void.

Contrary to morals and good customs - Contract offending morals or good customs
are void and without effect

Equality of parties under the contract

Parties bound under the contract, exception

Intransmissible rights and obligations:

1. By Laws
2. By Nature - Ex. kahit same ng profession hindi pedeng ipasa
3. By stipulation - state as a condition, requirement or agreement bago pa lang ang
contract

Stipulations in favor of non-parties to the contract

Third parties interfering in the contract - liable sa lahat ng damages

Consensual contracts
Contracts creating reals
Protection to creditors
Contracts entered in the name of another

Elements of a contract
1. Consent of the contracting parties - pumapayag ang parties sa mga stipulation or
mga bagay na nakalagay sa contract
2. Objects of the contract
3. Cause of the obligation

Consent

Acceptance made through letters- nagaganap pag ang dalawang parties and di valid
pag through online
Rule on offer and acceptance
When offer becomes ineffective
Offer made through agent -valid and acceptable because ang mga agent ay extension
ng isa sa parties
Published advertisement not an offer
Person who cannot give consent
-minors, insane or demented persons, and deaf-mutes who do not know how to write
cannot give consent except through their natural or legal guardians.

Vices of consent
● Mistake rendering contract defective
○ Mistake in substance - Ex. bibili ng lupa akala ay 50 hectares pero 40 hec
lang pala
 ○ Mistake of Identity or qualification -
● Circumstances not indicative of mistake- Ignorance of the law
○ Mistake of account unlike mistake of fact will not avoid the contract.If a
mistake of account is committed the remedy is not annulment of the
contract but correction of the account.
● Violence and intimidation
○ Violence - in a form of act
○ Intimidation - pananakot
● Degree of intimidation
● Undue influence - dominant sa isang party and ginagamit ang power para
makuha ang consent.
○ Ex. may special relationship and other party ay nagtetake ng advantage
● Fraud in contracts.
○ Fraud at or before the perfection of contract (dolo causante)
■ Ex. if alam na na niloloko pede ivoid ang contract
○ fraud after perfection of the contract (dolo incidente)- if tapos na or
dumating na sayo, di na maaannual but pede pa magkaroon ng
replacement

Instances not constituting fraud:

1.Usual exaggeration in trade.
2.Expression of a favorable opinion.
3. Misrepresentation made in good faith.

Simulated contract - A contract is simulated when it is fictitious or pretended in order

to defraud the creditor or mislead the general public.

● Absolute simulated contract

● Relatively simulated contract