[ Act No. 3159, March 08, 1924 ]

AN ACT TO AMEND ACT NUMBERED TWENTY-NINE HUNDRED AND EIGHTY-FIVE, ENTITLED "AN ACT TO REGULATE THE PRACTICE OF THE PROFESSIONS OF ENGINEER AND ARCHITECT

Be it enacted by the Senate and  House of Representatives of the Philippines  in Legislature assembled and by  the authority of the same:

Section 1. Section eight of Act Numbered Twenty-nine hundred and eighty-five is hereby amended  to read  as  follows:

"SEC. 8. The Boards shall meet for  the purpose of holding not more than twenty  sessions per annum  and shall hold  examinations  in  the  City  of Manila  on the  second Monday not a holiday of January and July of  each  year, upon at least thirty days  notice published in two of the most widely read newspapers of the locality, one  in English and the other in Spanish.  Each member of the Boards of; Examiners shall  receive a compensation of ten pesos for' each day of actual attendance of the sessions of the Board. Any public  officer appointed as member of either of  these: Boards shall receive the compensation provided for in this Act in addition to his  salary as public officer.   All  sums; collected in accordance  with this Act shall be paid into the Insular Treasury as part of the general funds thereof, and  all expenses of the Boards  shall be  paid  out of the funds  appropriated for said purpose in  the general appropriation acts.   The Boards shall have a seal to authenticate  their  official documents.  The  secretary-treasurer shall keep a record of the proceedings of the  Board, an account book and a register of the persons to whom certificates have been  issued, setting forth the name, age, marital condition, residence, post-office address, and the  name of the institution from which he graduated and in which he studied.  The  Boards of Examiners shall, during the first days of January of each year, present to the Secretary of Commerce and Communications a detailed report  of all their work during the year."

SEC.  2. Section  eleven of  Act  Numbered  Twenty-nine hundred and eighty-five is  hereby amended to  read as follows:

  "SEC.  11.  The  Board concerned  shall  issue certificate without prior examination to persons who, on the date of the approval of this Act, have any of the following qualifications :

"1. Have passed the civil-service examination for engineer or architect.

"2. Have the first three qualifications specified in the next preceding  section: Provided, That all those shall be considered as having the  qualifications specified in subsection three of the next preceding section who have received a diploma or produce a certificate showing the holder to have completed the studies  of engineering or architecture prior to the date on which Act Numbered Twenty-nine hundred and eighty-five went into effect, in an established university, academy, college, school or institute subsequently  recognized as such by the Government of the Philippine Islands or of .the United  States.

"3. Have previously practised either  of the professions mentioned for a  period of not less than  five years, without their being required to have specialized in the work of planning and designing work involving engineering calculations or  architectural  designing:  Provided,  That the Board  of Examiners concerned  shall  have  authority to subject the applicant to an examination if the testimonials presented with his application are not sufficient, in  the discretion of the Board of Examiners concerned."

SEC. 3.  Section  twelve  of Act  Numbered Twenty-nine hundred and eighty-five is hereby amended to read  as follows:

"SEC. 12. It shall be unlawful for any person to practice as engineer or architect or advertise as such without having the proper license as provided by this Act: Provided, however, That all persons who  have prior  to the approval of Act Numbered Twenty-nine hundred and eighty-five been engaged in the making of plans and direction of work without having an academic title as engineer or  architect may continue to do so as maestros de obras, with authority to sign said  plans  and advertise  as  such, to  which end the Board  of Examiners of Architects shall issue a certificate, upon exhibition of the license issued  by the Bureau of Internal Revenue prior to the date on which Act Numbered Twenty-nine  hundred and eighty-five took effect:  Provided, further, That maestros de obras  shall  not  undertake the making of plans for  the following classes  of works: (a) buildings of more than two stories; (b) buildings of concrete, whether reinforced or not; (c) buildings with frames of manufactured steel; (d)  buildings or  structures intended for public gatherings or assemblies, such as  theaters, cinematographs, stadiums, churches, and  other  structures of a like  nature,  unless  such  buildings or structures are of "mixed materials"  or  lumber: Provided,   further,  That maestros de obras shall not direct or  execute the constructions specified in subsections (&) and (c)  of this section: Providedfinally, That none of the provisions of this Act shall be construed to prevent any person from making constructions or buildings other than  those covered by subsections (b),  (c), and  (d)."

SEC. 4.  Certificates issued by the Boards of Examiners may be revoked for any of the  following reasons: (a)  Incompetency or insanity; (b) gross  negligence in  the direction of construction work;  (c)  unprofessional conduct, (d) signing and  sealing as his, any plans,  designs,  memorandums,  projects, specifications or technical reports on work, not prepared by such  person  or  not executed  under  his immediate supervision or under his authority as  consulting engineer or architect  or maestro  de obras; (e)  fraud  or deceit  in  the statements upon which  the  certificate was obtained.   Charges made in accordance with the  provisions of this section shall be investigated by the Board concerned and the accused shall be given an opportunity to be  heard and from the decision of the Board,  an appeal shall lie to the Secretary of Commerce and  Communications.

SEC. 5.  In the compliance of the provisions of this Act relative to the revocation  of  certificates,  the  Board  of Examiners concerned  shall have  authority to  administer oaths  and issue subpoenas  and subpoenas duces  tecum to secure the appearance of witnesses in connection with the charges preferred.

SEC. 6.  The Board of Examiners concerned,  with  the approval  of  the Secretary of  Commerce and Communications,  may reinstate licensed engineers  or architects whose certificates have been  revoked  or  suspended, upon application of the  interested party  setting forth the  date and reasons for the revocation of the certificate and the grounds for the application.

SEC 7.  The violation of any of  the provisions  of sections three  and four  of this Act shall be punished by a fine of not less than one hundred pesos nor more than one thousand pesos,  and by subsidiary imprisonment in  case  of insolvency :  Provided,  however,  That  if  the offender  is  an engineer or maestro  de obras his certificate shall be automatically revoked upon his  conviction of the charges preferred against him.

SEC. 8. This Act shall take effect on its approval.

Approved, March 8, 1924.