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National Transportation Safety Board Act (SB 1637)

Posted By Rogelio G. Reyes, Monday, 28 May 2018
Updated: Wednesday, 27 June 2018

The Philippine Society of Mechanical Engineers supports the passage of the NTSB Act (SB 1637)

Dear Hon. Senator Poe,

We write to you to inform you that we praise you for sponsoring Senate Committee Report 218 recommending approval of Senate Bill 1637 or the National Transportation Safety Board Act.

We believe that the proposed law will have a great impact in reducing accidents in transportation and will ensure that transportation modernization will always have public safety as a primary consideration.

However, while the Philippine Society of Mechanical Engineers (PSME) wholeheartedly supports the bill, may we ask for the Honorable Senator to review Senate Bill 1637 Section 5b. The Executive Director - which states –

“No persons shall be appointed Executive Director unless he is…a member of the Philippine bar…”

We believe this provision is discriminatory to the Philippine technical community of engineers and scientist.

The NTSB, if patterned after the NTSB of the United States of America, will have engineers and scientist as employees. The NTSB’s work is one of research, investigation and experimentation or testing. The agency will have a lot of hearings, investigation and meetings that will be technical and scientific in nature – primarily to find solutions and measures leading to new safety standards that will prevent future accidents. Thus, to be effective, NTSB must have technical capabilities, especially the ones leading it, in the highest order for it to achieve its purpose.

We have high regards to the legal profession, but, we believe it is an injustice to the technical community to exclude all of us to the position that requires deep knowledge of engineering and science in order to come-up with proposals that will save lives.

Putting a lawyer as the team leader of the engineers and scientists during this meetings, investigation and analysis and the one who will ultimately advice the NTSB Board may not be effective if the one leading the team does not have a good grasp of the technology and science behind the accident and the proposed solutions. The function of the Executive Director includes recording and reporting of the proceedings of the Board, running the day to day operation of the board, be responsible for the implementation of the policies, rules and directives of the board, coordination and supervision of different units of NTSB. And considering that the NTSB’s mission is to enhance safety in transportation, the role of Executive Director is technical in nature.

The position of the Executive Director is vital on the effectiveness of the proposed NTSB. And, yes, we believe also that the Executive Director must be adept in the agency administration, but it does not need to be limited to lawyers. A legal counsel or a legal department can handle all legal concerns.

We are visualizing in our mind the situation wherein scientist and engineers are discussing highly technical subject involving say physics, engineering principles, mathematical simulations, chemistry, properties of materials, electronics or electricity but the Executive Director leading the discussion on a day to day basis, a lawyer, is not able to comprehend what are being discussed. And then this Executive Director will be the one who will brief the NTSB Directors or represent NTSB in behalf of the Directors in explaining to the Senate or House or the public something that will be too technical to convince them to support the NTSB safety proposal.

On behalf of the 100,000 Filipino Mechanical Engineers, the profession with the largest safety engineers and practitioners, we are requesting your honor to amend this provision and instead specifically designate that the Executive Directors and the members of NTSB requires someone with an engineering or science degree.

The NTSB safety recommendation must solely be based on sound engineering and scientific study in order it to be believed by the transportation industry and the riding public. If not, the created NTSB will become a useless agency not able to fulfill its mandate. Considering that NTSB has no regulatory or implementing power, its influence and effectiveness will come from the integrity of the science behind its safety recommendation.

We are pleading your office to respect the millions of Filipinos comprising the technical community of the Philippines and delete the discriminatory provisions in the proposed bill.


Very Truly Yours,



Engr. Rogelio G. Reyes
National President
Philippine Society of Mechanical Engineers

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SPONSORSHIP SPEECH OF SENATOR GRACE POE ON THE "NATIONAL TRANSPORTATION SAFETY BOARD ACT"

Mr. President, distinguished colleagues, good afternoon.

As chairperson of the Committee on Public Services, I rise to sponsor Committee Report No. 218, which recommends the approval of Senate Bill No. 1637, otherwise known as the proposed "National Transportation Safety Board Act."

Mr. President, sa bawat limang minuto ng aking talumpati, posibleng may nangyayaring aksidente o insidente sa mga kalsada ng Maynila. This claim is based on the MMDA's Metro Manila Accident and Recording Analysis System (MMARAS), which recorded 109,322 road incidents in 2016--katumbas ng 300 na aksidente bawat araw o 12 na aksidente kada oras. This figure refers to land incidents in Metro Manila and does not even include marine and aircraft-related incidents nationwide.

Obviously, all transportation incidents and accidents carry hefty price tags. According to a 2005 study by the University of the Philippines, a single road crash can cost up to P420,000 to P3.47 million in terms of damage to property and lost productivity. Maliit man o malaki ang halaga, hindi malalagyan ng presyo ang buhay na inagaw ng nagkarambolang sasakyan.

Mr. President, nakakapanghinayang na maaaring iwasan ang karamihan ng mga aksidente sa Maynila. Halimbawa, ayon sa datos ng MMDA, 'driver error' ang sanhi ng 80 percent ng aksidente sa Metro Manila. Marami sigurong buhay ang maisasalba kung hihigpitan ang pagbibigay ng lisensya at ang paghuli sa mga hindi sumusunod sa batas trapiko.

Compounding the situation is our convoluted governance of the transport sector. For example, as many as four national government agencies--LTO, LTFRB, MMDA, and the PNP-Highway Patrol Group--and six local government units have jurisdiction over buses that pass through EDSA. Ngunit may nalalaglag pa rin na bus sa Skyway. These agencies deal only with aspects of road safety, but not with road safety per se.

Thus, this committee proposes the creation of a seven-member National Transport Safety Board (NTSB) composed of experts that will investigate air, highway, railroad, pipeline and maritime incidents. The result of such investigations will be submitted to Congress within 60 days from completion.

Not all accidents are caused by drivers. Halimbawa, baka dahil sa kapabayaan ng LTFRB o LTO, dahil pinayagan ang pagbyahe ng isang sasakyan na hindi naman roadworthy ay nagkaroon ng disgrasya na dapat nilang panagutan. Tulad niyan, ngayon pa lang magkakaroon ng MVIS ang LTO kahit na matagal na itong kinailangan. With an NTSB, government agencies can be found liable for road crashes or transport-related incidents. They will not be acting as judges of their own mistakes.

Sa ngayon, may mga investigative agencies na siya rin ang operating body. For example, the CAAP, per RA 9497, has conflicting responsibilities as regulator, operator, and investigator. These conflicts have made the agency weak as a regulator and ineffective as an operator of airports.

A separate bill is needed to amend the CAAP law. However, with regard to the investigative aspect of air traffic incidents, it is the NTSB that should have jurisdiction for the purpose of making timely and comprehensive safety recommendations. This will be separate from the findings of the CAAP, since the NTSB will be an independent and nonregulatory agency mandated to determine the probable cause of transportation-related incidents.

In addition, the NTSB will proactively conduct studies on making the entire transport sector safer. Hindi ba lagi nga nating sinasabi na prevention is better than cure. Wala pang aksidente, aaksyunan na nila ang mga safety problems sa transportation sector. As such, the Board will look into the causes and determinants of accidents and help craft policies to prevent accidents and transportation incidents from recurring.

The NTSB can save lives. Hindi dapat na kung kailan may aksidente ay doon pa lamang tayo kikilos. Policy recommendations should be based on facts and thorough research and not on knee-jerk reactions and band-aid solutions.

Mr. President, hindi magiging papel na tigre ang NTSB. Bibigyan natin sila ng sapat na pangil na imbestigahan ang mga aksidente at magbigay ng rekomendasyon. Halimbawa, bibigyan natin ng kapangyarihan ang NTSB para makapasok sa lugar na may nangyaring aksidente. Maari rin nilang suriin ang anumang parte o component ng motor vehicle, vessel, aircraft o pipeline na naging sanhi ng isang insidente.

Ayon sa MMDA, 22,000 na tao ang nasaktan o namatay dahil sa road incidents noong 2016. The enactment of the National Transport Safety Board Act will be the first step towards safer transportation for all Filipinos. Sana umabot tayo sa punto na sa lumang sine na lang tayo makakakita ng mga kuma-karambolang sasakyan. Let's leave transport-related crashes and incidents on the big screen as the outdated legacy of a bygone, more hazardous era.

Maraming salamat po.

To download Senate Bil 1637, click here

Source: http://www.senate.gov.ph/press_release/2018/0118_poe2.asp

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IBM will give $200,000 to a team that can come up with a solution for natural disaster relief

Posted By Rogelio G. Reyes, Friday, 25 May 2018
IBM is holding a contest to see who can create the best solution for natural disaster relief.
The winning team will get $200,000, support from IBM to make the prototype a reality, and introduction to venture capitalists.
IBM is asking developers to build a solution to disaster relief — and the company is providing an incentive to do it.

The company on Thursday at the VivaTech Conference in Paris announced Call for Code, a global initiative that calls on developers to create technology that can be used for natural disaster preparedness and relief.

The main component of the initiative is a contest, where the creators of a prototype — like an app that predicts when and where the disaster will be most severe — will win $200,000, support from IBM to make the prototype a reality, and introduction to venture capitalists.

IBM, which is working with the United Nations Human Rights Office and the American Red Cross, is pledging $30 million over five years to the program. The money will go toward developer tools, technologies, free code and training with experts. Developers can already access IBM resources about data and AI, blockchain, cloud and IoT technologies.

"At IBM, we harness the power of technologies like AI, blockchain, IoT and cloud to address some of the biggest opportunities and challenges in business," Bob Lord, IBM chief digital officer, said in a statement. "Now, with Call for Code, we are calling on all developers to join us and use these same leading edge technologies to help people, their communities and society."

IBM is an acknowledged leader in the use of blockchain for financial and enterprise reasons, and its Watson AI services are popular in certain areas like health care. So making these technologies available, along with the $30 million pledge, encourages coders to gain experience with IBM's tech, while also serving a cause.

Source:

http://www.thisisinsider.com/ibm-call-for-code-natural-disaster-relief-2018-5

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Philippine Innovation Act (SB 1355)

Posted By Rogelio G. Reyes, Wednesday, 23 May 2018
Updated: Friday, 25 May 2018

The Philippine Society of Mechanical Engineers supports the Philippine Innovation Act (Senate Bill 1355).

---

March 6, 2017 

 

THE PHILIPPINE INNOVATION ACT 
Sponsorship Speech
 
Senate Bill No. 1355 – An Act Adopting Innovation as Vital Component of the Country’s Development Policies to Drive Inclusive Development, Promote the Growth and National Competitiveness of Micro, Small, and Medium Enterprises, and for Other Purposes (The Philippine Innovation Act) 
Session Hall, Senate of the Philippines, Pasay City March 6, 2017 
Delivered by HON. SHERWIN T. GATCHALIAN, Senator of the Republic:

"INNOVATION IS, TO ALL APPEARANCES, AN IDEA WHOSE TIME HAS COME."1

Good afternoon, Mr. President and esteemed colleagues. Allow me to introduce this presentation with a real-life anecdote that could perfectly weave the history and the vision that has inspired the passage of this legislation - The Philippine Innovation Act.

This is Diosdado Banatao - the son of a poor farmer and a homemaker. He was born and raised in a rural area in the municipality of Iguig, Cagayan Valley. Growing up in poverty, he went to school without shoes. His family had no access to electricity. Today, his net worth is estimated at about $5 billion, as he also sits on the big chair of a multibilliondollar company2 in Silicon Valley. This company invests in semiconductors and semiconductor-related technologies. Perhaps the easiest way to explain Dado's journey from Cagayan Valley to Silicon Valley is to attribute it to a computer chip: that first single-chip graphical user interface accelerator that made computers work a lot faster without the large boards. These chips can be found in every PC today - just

as Banatao's name is found in the Computer History Museum in Mountain Valley, California as pioneer of the first PC chipset.

While most people refer to these chips as his "invention," Dado says that it is more appropriate to refer to them as his INNOVATION. He explains that "[i]nnovation is more important because innovation implies that you are putting together a whole bunch of other elements beyond that one invention."

Dado's life inspires the Filipino, especially the innovators of today. As he would himself say: "My story could be your story. As Filipinos, it must be our story." The Philippine Innovation Act carries that much needed "innovation vision" to inspire the commitment and cooperation of the government, industry, educational, academic, research and scientific institutions, and the rest of the community, towards building an innovation economy that will change the economic narrative of our country.

A few days ago, I met with a group of innovation advocates - one of them was Dado Banatao - and together we envisioned how this legislation could put innovation at the center of our national development policies, and make innovation a major driver of economic development that will build the foundation of a more inclusive future. We therefore made it the overarching objective of this Act to generate and scale up the promotion of innovation in all levels and all areas of national development, through the following areas of endeavor:

1. Promote a culture of strategic planning and innovation to encourage creative thinking and knowledge creation;

2. Improve the country's innovation governance and compel the adoption of a long-term vision and focused priorities for innovation;

3. Ensure the effective coordination and eliminate the fragmentation of innovation policies and programs at all levels;

4. Remove obstacles to innovation by eliminating bureaucratic hurdles;

5. Strengthen partnerships among different actors - from the public and private sectors, to the academe, the Micro, Small and Medium Enterprises (MSMEs), the research & development institutions, and our communities - towards improving the quality of life through innovation;

6. Strengthen the position of MSMEs in the innovation system, in order to stimulate business ambitions and encourage entrepreneurial behavior; and

7. Explore, promote and protect the potentials for innovation of traditional knowledge, traditional cultural expressions and genetic resources.3

In the Global Innovation Index Report4 (GII) of 2016, the Philippines ranked 74th among 128 economies in terms of overall innovation, garnering a score of 31.8 out of 100. This is a slight improvement, from our 83rd place ranking, out of 141 economies in 2015, with a score of 31.1. In this 2016 GII Report, the country also ranked 5th out of the 7 ASEAN economies that are included in the survey. It ranked higher than Cambodia (95th) and Indonesia (88th), but lagged behind Singapore (6th), Malaysia (35th), Thailand (52nd), and Viet Nam (59th). The Philippines' relatively low ranking was pulled down by weakness in human capital and research, with a score of 27 out of 100. This score was brought about by low public and private expenditure on education and research and development, as well as low tertiary inbound mobility.5

While the Philippines has shown an increasing trend in R&D spending, the percentage of its R&D expenditures to GDP at 0.14% still falls below the UNESCO norm of 1% for R&D expenditure to GDP for developing countries. For comparison with other ASEAN countries, R&D expenditure to GDP is 0.19% in Viet Nam, 0.36% in Thailand, 1.09% in Malaysia, and 2.0% in Singapore. In terms of S&T human researchers, the country's number of researchers is equivalent to 270 researchers per million population- which is also below the UNESCO norm which is 380 per million population.

From 2015 to 2016, the Philippines registered an improvement by being ranked 47th among 144 countries in the Global Competitiveness Index (GCI) of the World Economic Forum. However, steady improvements were also made by our neighboring countries. Hence, we still lagged behind economies like Malaysia (18th), Thailand (32nd), and Indonesia (37th). The same report also ranked the Philippines 68th in terms of technological readiness and 48th in terms of innovation factors.6 In yet another global ranking in 2016 which looked specifically at a country's total impact on global innovation, the Philippines ranked 47th among 56 economies assessed in a report by the Information Technology and Innovation Foundation. This report focused on the extent to which a country's innovation policies generate benefits for the global innovation system.

These survey results offer nothing more but compelling evidence on the need for more vigorous action to stimulate a thriving and growth-fueling national innovation system. Such is the purpose of this legislation. In fact, there is no better timing for the passage of this bill than now. Under Ambisyon 2040, innovation is identified as one of three major components of fostering economic growth, along with infrastructure and competition. The recently approved Philippine Development Plan (PDP) 2017-2022 likewise identifies innovation as one of the major components of fostering economic growth. Under Chapter 14 - entitled "Vigorously Advancing Science, Technology, and Innovation" - the latest Philippine Development Plan aims to increase the country's growth potential by graduating to a knowledge economy, where technology adoption will be promoted and innovation will be stimulated. This is in recognition of the important role that STI continues to play in the country's economic and social progress. In the past 6 years, for example, STI has provided landmark solutions to our problems through the Project NOAH, the nationwide flood-hazard and resource mapping using LiDAR, and the launch into space of the country's first microsatellite Diwata-1 which was designed, developed and assembled by Filipino researchers and engineers under the guidance of Japanese experts. The new Philippine Development Plan emphasizes that it is very critical to mobilize all the actors in the innovation ecosystem to collaborate and translate the results of research activities into tangible products and services for the people.7 Consistent with this development goal under the new Philippine Development Plan, the Philippine Innovation Act will steer the adoption of a clear and inspiring long-term view of the country's innovation vision, improve the governance framework for innovation, and mandate key reform areas toward building a thriving and inclusive national innovation ecosystem.8

For the Philippines, the challenge does not stop at clearly defining the vision upon which our innovation thrusts and strategies will be rooted. Setting the national innovation agenda is another key element of the national innovation system which, in other countries, is a task done by a National Innovation Council. A study by the Information Technology and Innovation Foundation or the ITIF states that about 50 economies have established national innovation foundations or enterprises that are specifically charged with promoting innovation.

This ITIF table9 lists 30 out of the more than 50 countries throughout the world that have created government-chartered entities specifically charged with promoting innovation.

The establishment of our own National Innovation Council (NIC) under Section 9 of the proposed Act is necessitated by our highly fragmented formal governance system where numerous agencies are charged with carrying their respective parts of the innovation mandate. The NIC will facilitate horizontal interaction and consultations with stakeholders beyond the official circle of government functionaries, thus avoiding too much focus on "top-down planning" that stifles broad-based participation in the development of the national innovation agenda. It will develop the country's innovation goals, priorities, and long-term national strategy. Its proposed structure is guaranteed to be well-supported by broad expert advice, with adequate authority to harmonize inter-agency roles and contribute to the national innovation agenda.10

Under Section 6 of this Act, the NIC shall develop a National Innovation Agenda and Strategy Document (NIASD). Such document will establish the country's vision and long-term goals for innovation and provide a road map and the strategies for improving innovation governance through clear-cut delineation and complementation of innovation efforts across agencies. The goal must be to deepen and accelerate innovation efforts, especially inclusive innovation programs that target the poorest of the poor, and integrate public- private partnerships with those of large businesses, MSMEs, academe, and RD&E institutions.

In developing the agenda, the NIC shall identify strategies to stimulate regional capacity for development, taking into consideration the competitive advantages and strengths of each province, region, and community. The agenda and strategies shall have a minimum horizon of ten years, subject to periodic reviews. It will be developed in consultation with government agencies, Regional Development Councils (RDCs), Local Government Units (LGUs), and other stakeholders. The bill has identified vital areas that shall be considered in developing the country's priorities for innovation.

The NIC is also tasked to administer an Innovation Fund under Section 20 of this Act, from which grants will be issued to strengthen entrepreneurship and enterprises engaged in developing innovative solutions benefiting the poorest of the poor.

Since a successful national innovation system will require collaborative governance, it is vital that a "whole of government" approach is adopted in laying down the foundations and setting the long-term goals, priorities, strategies, and policies, and in delivering the country's innovation programs. This will strengthen our innovation ecosystem, improve policy coherence and allow innovation to unlock the potential of more inclusive, stronger growth. Thus, under Section 13 of this Act, the NIC will adopt strategies that promote regional innovation to harness the competitive advantages and potential strengths of regions and provinces.

Cluster policies or strategies shall also be adopted by the NIC as a significant component of the country's innovation policy mix. The cluster policies shall be adopted to focus on regional hubs, provinces or sectors such as MSMEs, large firms, spinoffs and start-ups, academic or educational institutions and research centers. Under Section 12, the internationalization and participation in the local and global value chains of MSMEs are specifically promoted. The NIC is tasked to develop a comprehensive support program to push the growth of MSMEs through innovation. In the Philippines, where 99.6 percent of businesses are considered MSMEs, the role of innovation cannot be overemphasized. Unlike large companies that have ready access to funding and resources, MSMEs are at a disadvantage because of their size and problems of access to resources and markets. Innovation will enhance these MSMEs' global competitiveness.

On the whole, what this legislation intends to achieve is to make innovation a major driver of economic growth and a key foundation of a more inclusive future. It compels us to place innovation at the center of our development policies to enable the country to move as a coherent whole. We cannot anymore afford to take half-steps, or sporadic efforts, in our bid to fuel sustainable and inclusive growth.11 We need to finally develop a culture of innovation that will propel our nation to an economic success.

Last but not the least, I would like to thank Senator Loren Legarda for spearheading the passage of The Philippine Innovation Act. This legislation will change the rules of the game: a Filipino with an innovative idea will no longer have to look elsewhere for support. This will not only transform our country to an economic powerhouse; it can also turn innovators into patriots.

Thank you, Mr. President.

____________________________________

1 The Global Flourishing of National Innovation Foundations. See www2.itif.org/2015-flourishing-national-

2 Tallwood Venture Capital. See https://www.youtube.com/watch?v=6YdgKvdW43o

3 Based on a study commissioned by the Philippine APEC Business Advisory Council (2015-2016).

4 The Global Innovation Index (GII) aims to capture the multi-dimensional facets of innovation and provide the tools that can assist in tailoring policies to promote long-term output growth, improved productivity, and job growth. The GII helps to create an environment in which innovation factors are continually evaluated. It provides a key tool and a rich database of detailed metrics for economies, which in 2016 encompassed 128 economies, representing 92.8% of the world's population and 97.9% of global GDP. The GII surveys a range of global innovation indexes that include institutional environment, human capital and research, infrastructure, business sophistication, knowledge and technology outputs, and creative outputs.

5 Tertiary inbound mobility refers to the number of students from abroad studying in a given country, as a percentage of the total tertiary enrolment in that country. Discussion based on the Draft of Chapter 14 (then titled as "Leveraging Science, Technology and Innovation") of PDP 2017-2022.

6 World Economic Forum Global Competitiveness Report 2015-2016

7 Discussion based on the Draft of Chapter 14 (then titled as "Leveraging Science, Technology and Innovation") of PDP 2017-2022.

8 Based on a study commissioned by the Philippine APEC Business Advisory Council (2015-2016).

9 See www2.itif.org/2015-flourishing-national-innovation.pdf , pp. 3-4.

10 Based on a study commissioned by the Philippine APEC Business Advisory Council (2015-2016).

11 Based on a study commissioned by the Philippine APEC Business Advisory Council (2015-2016).

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Senate Bill 1355

N ACT ADOPTING INNOVATION AS VITAL COMPONENT OF THE COUNTRY'S DEVELOPMENT POLICIES TO DRIVE INCLUSIVE DEVELOPMENT, PROMOTE THE GROWTH AND NATIONAL COMPETITIVENESS OF MICRO, SMALL AND MEDIUM ENTERPRISES, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

Download Senate Bill 1355: https://www.senate.gov.ph/lisdata/2544021952!.pdf

 

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Hankook Brand Tire – Chipping, Cutting And/Or Unusual/Accelerated Tread Wear – 2015-2018 Ford Explorer

Posted By PSME Admins, Friday, 18 May 2018

2015-2018 Ford Explorer with defective tires -- unusual accelerated tread wear.

There is a new term now in the motoring world. After the term "Sudden Unintended Acceleration or SUA" now comes "UNUSUAL ACCELERATED TREAD WEAR or UATW"

Ford Philippines is NOT telling the owners of Ford Explorers that many of their vehicle have this problem of unusual accelerated tread wear. The tires affected are of Hankook brand.

Owners of Ford Explorer who brought their vehicle are then made to wait for 5 months or more before they get a free replacement. Ford will then argue for a 50% coverage of the warranty only after putting the lives of their customers in danger by not issuing any warning. This delay forces their customers to buy a new set of tires just to be safe.

PSME is issuing this statement to call the attention of FORD Philippines and to serve as warning to the public of the dangers poise by tires with UNUSUAL ACCELERATED TREAD WEAR to motorist and pedestrians.

We are also calling on the Department of Trade and Industry and the Department of Transportation to look into this matter for the sake of public safety.

Check this article.
http://psme.org.ph/…/Hankook-Brand-Tire--Chipping-Cutting-A…

Check your vehicle tires today.

#psmeforpublicsafety


Source:
https://ford.oemdtc.com/3148/hankook-brand-tire-chipping-cutting-andor-unusualaccelerated-tread-wear-2015-2018-ford-explorer

==

SSM 46905 – 2015-2018 – Explorer – Hankook Brand Tire – Chipping, Cutting And/Or Unusual/Accelerated Tread Wear

Some 2015-2018 Explorer vehicles equipped with Hankook brand tires may exhibit chipping, cutting and/or unusual or even accelerated tread wear.

If the tire side wall is marked as: 255/50R20 105H Ventus S1 Noble 2 contact Hankook Technical Service for possible pro-rated tire replacement.

This may not be the result of improper alignment.

For Hankook contact information refer to the Tire Warranty information located on FMCDealer.com.

Tags:  #psmeforpublicsafety 

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“Resolution contesting the Proposed Bill to create an Act Regulating the Practice of Plumbing Engineering in the Philippines.”

Posted By Administration, Thursday, 23 November 2017

RESOLUTION NO. 2011-03-001

“Resolution contesting the Proposed Bill to create an Act Regulating the Practice of Plumbing Engineering in the Philippines.”

WHEREAS, after careful scrutiny and thorough study, the proposed bill to create an act regulating the practice of plumbing engineering in the Philippines is in conflict with the Mechanical Engineering Act of 1998 (RA 8495);

WHEREAS, that sometime in July 2010, the then PRC Chair Nicolas Lapeña asked the Philippine Society
of Mechanical Engineers (PSME) thru the then Board of Mechanical Engineering Chair, Alfredo Po, to make a position paper on the proposed regulation of plumbing engineering in the Philippines, and the PSME reacted promptly by submitting the position paper which is attached herewith;

WHEREAS, it is the intent of this Society to protect the public in terms of safety that this proposed bill is hereby opposed;

NOW, THEREFORE,

The BOARD OF DIRECTORS OF THE PHILIPPINE SOCIETY OF MECHANICAL ENGINEERS In Session during its 3rd Regular Board Meeting, Do hereby resolve, as it is hereby resolved,


That the Position Paper of the Technical Panel of the Philippine Society of Mechanical Engineers done in July 2011 be adapted as Resolution contesting the Senate Bill to create an Act Regulating the Practice of Plumbing Engineering in the Philippines, to wit:

I. That the areas cover in the practice of Mechanical Engineering as stipulated in Republic Act 8495: An Act Regulating the Practice of Mechanical Engineering in the Philippines enacted in 1998, known as the Mechanical Engineering Law, (See Exhibit A) mentioned under Article I, Section 3

Definition of Terms and re-stated including the overlapping areas of practice, to wit:

ARTICLE I SECTION 3. Definition of Terms. —

As used in this Act, the following terms shall mean as follows:
A. Practice of Mechanical Engineering —
A person shall be deemed to be practicing mechanical engineering or rendering mechanical engineering service within the meaning and intent of this Act when he performs the following:
1. Consultation, valuation, investigation and management services requiring mechanical engineering knowledge;

2. Engineering design, preparation of plans, specifications and projects studies or estimates for mechanical equipment, machinery, or processes of any mechanical works, projects or plants;

3. Management or supervision of the erection, installation, alteration, testing and commissioning of mechanical equipment, machinery, or processes in mechanical works, projects or plants;

4. Management, supervision, operation, tending or maintenance of any mechanical equipment, machinery or processes in mechanical work, projects or plants;

5. Management or supervision of the manufacture, sale, supply or distribution of mechanical equipment, parts or components;

6. Teaching of mechanical engineering professional subjects in government recognized and accredited engineering schools; and

B. Employment in government as a professional mechanical engineer, registered mechanical engineer, or certified plant mechanic if the nature and character of his work is in line with his profession, requiring professional knowledge of the science of mechanical engineering.

Mechanical equipment or machinery — includes all prime movers such as steam engines and turbines, internal combustion engines and gas engines and turbines; steam generators such as boiler; furnaces; heat exchanger such as cooling towers, kilns and dryers, coolers and heaters; materials handling equipment, such as pumps, cranes, conveyors, hoists, elevators, escalators, mechanized dumb-waters, moving ramps and walkways; heating, airconditioning, ventilating, and refrigeration equipment and machinery, including compressors and centrifugal fans, mechanical pollution abatement and environmental control system; piping system with a working pressure of not less than 70 kpa (10 psi), fired and unfired pressure vessels, printing machine; mechanical working machines for metallic and non-metallic materials and other mechanical equipment and machinery
whether installed on land, underground, or on board watercraft. 

C. Mechanical processes, works, projects or plants shall include steam plants, geothermal plants, dendro-thermal plants, nuclear plants, ocean thermal energy conservation (OTEC) plants, internal combustion plants, hydraulic plants, pumping plants, compressed gas plants, all kinds of mills, shops, factories, shipyards drydocks, heating, airconditioning, ventilating and refrigeration plants containing any mechanical equipment machinery or process deriving power from steam, fossil fuels, wind, air, gas, water, solar heat, nuclear energy, ocean waves and tides, or other energy sources.

D. Capacity of process works, project or plant-rated capacity in kilowatt of mechanical works,projects or plants for the purpose of this Act shall be the total kilowatt rating of all engines, motors, boilers, turbines, or other prime movers installed for use in such works, projects or plants, whether in operation or not, and without regard to the number of capacities of the mechanical equipment, machinery or processes receiving power from or intended to be driven by such prime movers.”

II. Whereas, it is imperative that we distinguish the practice of mechanical engineering profession as against the practice of trade in plumbing, to wit: The overlapping area of practice is with Republic Act 1378 An Act  Regulating the Trade of Master Plumber enacted in 1955 (Exhibit B) under Section 2 as re-stated below:
“SECTION 2”
(a) The practice of plumbing within the meaning and intent of this Act shall embrace services in the form of consultations, designing, preparation of plans, specifications, estimates, erection, installation and supervision of plumbing work including the inspection and acceptance of materials used therein extension and alteration of all pipings to fixtures, appliances, and appurtenances in connection with any of the following: storm and sanitary
drainage, facilities of buildings, the sanitary venting of fixtures, hot or cold water supply systems within or adjacent to any building, storm drains, sewerage system of any premises and/or connection with any public disposal or any acceptable terminal. The enumeration in this paragraph shall not be construed as excluding any other work requiring plumbing knowledge and application.

III. Whereas, we are pointing the following revised national plumbing code of the Philippines enacted in 2000 by the practice of trade by master plumbers which run in conflict with the aforementioned section of the plumbing law and in direct conflict with the ME Law to wit:

The overlapping area of practice is also shown on the Revised National Plumbing Code of the Philippines 2000 (Exhibit C) in Section 217.12 and the Preface: “217.12 PLUMBING SYSTEM - includes all potable water supply and distribution pipes, all plumbing fixtures and traps; all sanitary and storm drainage systems; vent pipes, roof drains, leaders and downspouts; and all building drains and sewers, including their respective joints and connections; devices, receptacles, and appurtenances within the property; water lines in the premises: potable, tap, hot and chilled water pipings; potable water treating or using equipment; fuel gas piping; water heaters and vents for same.”

IV. Whereas, Republic Act 1378 Section 2 is directly in conflict with Republic Act 8495 Article I Section 3-b as highlighted in the preceding paragraphs, to wit; “piping system with a working pressure of not less than 70 kpa.” 

V. Whereas, The Revised National Plumbing Code Section 217.12 is also under the jurisdiction of Republic Act 8495 Article I Section 3-b which specifically mention potable, tap, hot and chilled water pipings, which are “piping system with working pressure of 70 kpa and above”.

VI. Whereas to use a comparative statute for a profession, the definition of Mechanical Engineering by the State of California 2010 Professional Act (Exhibit D) as defined and stated below includes the practice of “plumbing”: “6731.6. Mechanical engineering defined Mechanical engineering is that branch of professional engineering described in Section 6734.2 that deals with engineering problems relating to generation, transmission, and utilization of energy in the thermal or mechanical form and also with engineering problems
relating to the production of tools, machinery, and their products, and to heating, ventilation, refrigeration, and plumbing. It is concerned with the research, design, production, operational, organizational, and economic aspects of the above.”

VII. Whereas to further use a comparative statute for practice of trade, the definition of Master Plumber by the State of Minnesota 2007 (Exhibit E) Statutes as defined and stated below, to wit: “Subd. 8. Master plumber. A "master plumber" is an individual who is skilled in the planning, superintending, and the practical installation of plumbing, who is otherwise lawfully qualified to contract for plumbing and installations and to conduct the business of plumbing and who is familiar with the laws and rules governing the same.”

VIII.Whereas, the Republic of the Philippines, the State of California and the State of Minnesota use the Uniform Plumbing Code as common Standard for the Practice of Plumbing.

IX. Whereas, from the above statements, the practice of a profession is clearly defined as against the practice of trade.

X. Whereas, all professions have baccalaureate degrees of a minimum four year course as against the practice of trade which only require a skill test.

XI. Whereas, the qualifications of a master plumber is lessthan the minimum four year course under the supervision of the Professional Regulation Commission.

XII. Whereas, Article 5 Section 46 of RA 8495 to wit: Repealing Clause.-Commonwealth Act No. 294, as amended by Republic Act No. 5336, is hereby repealed and all other laws, parts of law, others, ordinances, or regulations relative to the practice of mechanical engineering which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Now therefore, in compliance with RA 8495 Section 2 that: Statement of Policy - The State recognizes the importance of mechanical engineers in nation- building and development. Their talents through sustainable human development shall be promoted. Thus, the State shall develop and nurture competent, virtuous, productive and well-rounded mechanical engineers whose standard of
professional practice and service shall be excellent, qualitative, world-class and globally competitive through regulatory measures, programs and activities. 

We propose that Mechanical Engineers be the main practitioner of Plumbing and that the Master Plumber limits its trade to piping system with a working pressure of less than 70 kpa.

Done this 5th day of March 2011 at Cebu City, Philippines.

Approved Unanimously by:

The BOARD OF DIRECTORS of the PHILIPPINE SOCIETY OF MECHANICAL ENGINEERS

Certified True and Correct:

JAIME T. LOPEZ, III
National Secretary


Attested:

LIBERATO S. VIRATA
National President

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