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34 of RA 8495:
Section 34. Personnel Required in Mechanical Plant. – Every mechanical work project or plant
in operation shall have not less than the following complement of resident licensed professional
mechanical engineer, mechanical engineer or certified plant mechanic:
xx
xx
(c) Over 2000 kw: one (1) professional mechanical engineer: Provided, That every
mechanical work, project or plant in this category operating in more than one shift every twenty-
four (24) hours shall have, in addition to the minimum personnel herein required at least one (1)
professional mechanical engineer in-charge of each and every additional shift.
Jurisprudential Basis:
Applying the foregoing principle to Sec. 34 of RA 8495, (c) must be understood together with the
general requirement which requires a resident PME.
The general requirement specifies a resident PME and not on a retainer basis. When the law says
“in addition to the minimum personnel herein required” it also refers to the same general
requirement which specifies a “resident”.
Sec. 34 of RA 8495 therefore should be construed that a plant over 2,000 kW, shall have a
resident licensed professional mechanical engineer (PME). If the plant operates more than one
shift, in addition to (1) resident PME required by law, the plant is further required to have 1 PME
for each and every shift.
Applying such interpretation, the plant should have 4 resident PMEs: 1 PME as a general
requirement and additional 3 PMEs for the three shifts.