AN ACT TO REGULATE AND MODERNIZE THE PRACTICE OF NAVAL ARCHITECTURE IN THE PHILIPPINES

Sixteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand fifteen.

REPUBLIC ACT No. 10698

AN ACT TO REGULATE AND MODERNIZE THE PRACTICE OF NAVAL ARCHITECTURE IN THE PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

ARTICLE I
TITLE, POLICY AND DEFINITIONS

SECTION 1. Short Title. — This Act shall be known as the “Naval Architecture Law”.

SECTION 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.

SECTION 3. Definition of Terms. — As used in this Act, the following terms shall be defined as follows:

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.

ARTICLE II
PROFESSIONAL REGULATORY BOARD OF NAVAL ARCHITECTURE

SECTION 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.

SECTION 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.

SECTION 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:

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.

SECTION 7. Powers and Duties of the Board. – The Board shall exercise the following powers, functions, duties and responsibilities:

SECTION 8. Qualifications of Members of the Board. – A member of the Board must, at the time of appointment, possess the following qualifications:

SECTION 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.

SECTION 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.

SECTION 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.

ARTICLE III
LICENSURE EXAMINATION AND REGISTRATION

SECTION 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”.

SECTION 13. Qualification for Examination. — An applicant for admission to the naval architecture examination must possess the following qualifications:

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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:

SECTION 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:

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.

SECTION 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:

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 30. Prohibitions. – Unless authorized under this Act, it shall be unlawful for:

SECTION 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.

SECTION 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.

SECTION 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.

ARTICLE IV
GENERAL PROVISIONS

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 40. Transitory Provisions. –

SECTION 41. Effectivity. – This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in any newspaper of general circulation.

Approved,

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.

Approved: NOV 13 2015

(Sgd.) BENIGNO S. AQUINO III
President of the Philippines