Introduction to the Concept of Law

• A law is a system of rules recognized and implemented as regulation for actions and benefits of the community and serves as an agreed norm that governs society.

The Meaning of Law

• Law in its broadest sense refers to any rule of action or system of uniformity.
• The law of gravity states that objects will fall toward the ground due to gravitational force.

General Divisions of Law

• Law is divided into two general groups: law in the strict legal sense (State Law) and law in the non-legal sense.
• State Law: Promulgated and enforced by the state.
• Non-Legal Law: Not promulgated by the state (e.g., divine law, natural law, moral law, physical law).

Subjects of Law

• State Law, Divine Law, Natural Law, and Moral Law applies to humans as rational beings.
• Physical Law applies to all things, including humans, regardless of their will or intelligence.

Example Laws

• State Law: Traffic laws requiring vehicles to stop at red lights.
• Divine Law: Religious teachings that prohibit stealing.
• Natural Law: The innate sense of fairness that condemns dishonesty.
• Moral Law: Societal norms that dictate respect for elders.
• Physical Law: The law of motion stating that an object in motion stays in motion unless acted upon by an external force.

Divine Law

• Law of religion and faith concerning sin and salvation.
• Source: Promulgated by God through revelation.
• Sanction: Rewards or punishments in this life or the afterlife.
• An example of Divine Law: The Ten Commandments in Christianity are an example.

Natural Law

• Natural law is instilled in humans as a sense of justice, fairness, and righteousness.
• Exists universally and is binding at all times.
• An example of Natural Law: the belief that murder is wrong across all cultures.

Moral Law

• Rules of good and right conduct are based on a community's collective sense of morality.
• There is no legal sanction, only societal approval or disapproval.
• Example: Being honest is valued in society, but lying is not punishable by law unless it involves fraud.

Physical Law

• Laws governing nature and scientific principles.
• Example: The law of conservation of energy which states that energy cannot be created or destroyed.

State Law (Law)

• State law is promulgated and enforced by the government and is also called positive law, municipal law, civil law, or imperative law.

Characteristics of State Law

• Rule of conduct: Specifies what must and must not be done.
• Obligatory: Must be obeyed and carries sanctions for violations.
• Promulgated by legitimate authority: Enacted by legislative bodies like Congress.
• Common observance and benefit: Applicable to all for the welfare of society.
• Example: The Philippine Constitution governs the rights and responsibilities of citizens.
• Laws against theft protect property rights.

Importance of Law

• Maintains order and stability.
• Secures justice and resolves conflicts.
• Protects individual rights and societal interests.
• Example: Courts settle disputes between businesses to ensure fairness.

Duty of Citizens

• Understand and obey laws for the common good.
• Paying taxes as required by law.

Sources of Law

• Constitution: The supreme law establishing government powers.
• Legislation: Laws enacted by Congress and local government ordinances.
• Administrative or Executive Orders: Issued by government agencies.
• Judicial Decisions (Jurisprudence): Supreme Court rulings that set legal precedents.
• Custom: Long-standing societal practices recognized as law.
• Other Sources: Principles of justice, foreign decisions, expert opinions, and religious doctrines (supplementary).
• Example: The Supreme Court ruling on same-sex marriage influences future cases.
• Legislation: The Data Privacy Act protects personal information.

Organization of Courts

• Regular Courts – Includes the Supreme Court, Court of Appeals, and trial courts.
• Special Courts – Includes Sandiganbayan (anti-graft court) and Court of Tax Appeals.
• Quasi-Judicial Agencies – Government bodies handling specific disputes (e.g., National Labor Relations Commission).
• A labor dispute is settled by the National Labor Relations Commission rather than a regular court.

Classifications of Law

• As to Purpose: Substantive and Adjective Law
• As to Subject Matter: Public and Private Law
• Substantive Law: Defines rights and duties of people (e.g., Law on Obligations and Contracts).
• Adjective Law: Prescribes procedures for enforcing rights (e.g., Criminal Procedure).
• Public Law: Governs state-people relations (e.g., Constitutional Law, Criminal Law).
• Private Law: Governs individual relationships (e.g., Civil Law, Commercial Law).
• Public Law: A person charged with theft is tried under criminal law.
• Private Law: A contract dispute between businesses falls under civil law.

Law on Obligations and Contracts

• Governs the creation, enforcement, and consequences of obligations and agreements.
• Found in RA 386 (Civil Code of the Philippines), Book IV.
• If a person signs a lease contract, they are obligated to pay rent as agreed.

Laws Governing Electronics Engineering Practice

• Electronics Engineering governed by Republic Act No. 9292, also known as the Electronics Engineering Law of 2004.
• RA 9292 sets the standards for registration, licensing, and practice of Professional Electronics Engineers (PECE), Electronics Engineers (ECE), and Electronics Technicians (ECT) in the Philippines.
• This Act shall be known as the "Electronics Engineering Law of 2004."
• Electronics engineering is crucial to nation-building.
• Aims to develop competent, ethical, and globally competitive professionals.
• Ensures credible licensure exams and continuing professional education.
• Electronics - Science of electron flow in devices/systems.
• Professional Electronics Engineer (PECE) – Licensed and registered; uses PECE title.
• Electronics Engineer (ECE) – Licensed and registered; uses ECE title.
• Electronics Technician (ECT) – Licensed and registered; uses ECT title.
• Telecommunications – Transmission of signals, data, text, images, or audio via wired/wireless methods.
• Broadcasting – Transmitting audio, video, or messages to a broad audience.
• Industrial Plant – Business establishments using electronic machinery.
• Accredited Professional Organization (APO) – Official national body for PECES, ECEs, and ECTS.

Categories of Practice

• Professional Electronics Engineer (PECE)
• Electronics Engineer (ECE)
• Electronics Technician (ECT)

Nature and Scope of Practice

• Electronics Engineer (ECE): Engages in design, research, development, installation, operation, repair, and maintenance of electronic systems.
• ECE covers fields such as ICT, broadcasting, aerospace, medical electronics, robotics, cybernetics, and consumer electronics.
• ECE Involved teaching technical and professional subjects in electronics engineering.
• Professional Electronics Engineer (PECE) has all the rights of an ECE plus the authority to provide consulting services and sign and seal plans, reports, and technical documents.
• Electronics Technician (ECT) engages in installation, operation, testing, diagnosis, repair, and maintenance of electronic devices and systems.
• ECT can work in industrial plants, commercial establishments, watercraft, and aircraft.
• ECT includes teaching and training related to electronics technician subjects.
• RA 9292 replaced RA 5734 (Electronics and Communications Engineering Act).
• RA 9292 establishes clear professional categories and responsibilities and strengthens the standards, regulation, and licensure of electronics professionals.
• PECE: A licensed Professional Electronics Engineer signs and seals a telecom infrastructure design.
• ECE: An Electronics Engineer develops a smart home automation system.
• ECT: An Electronics Technician installs and repairs broadcasting equipment.

Composition of the Board

• The Professional Regulatory Board of Electronics Engineering is under the Professional Regulation Commission (PRC).
• The board is composed of a Chairman and two (2) members and is appointed by the President from three recommendees per position.
• Recommendees are chosen from five nominees submitted by the accredited professional organization.

Powers and Functions of the Board

• Implement provisions of the law.
• Administer oaths.
• Issue, suspend, or revoke Certificates of Registration and Professional Identification Cards.
• Maintain a roster of Professional Electronics Engineers, Electronics Engineers, and Electronics Technicians.
• Issue, suspend, and cancel special permits for foreign practitioners.
• Prescribe and revise licensure requirements and examination syllabi.
• Develop computerized licensure examinations.
• Grant registration without examination (subject to PRC approval).
• Coordinate with CHED and TESDA on curriculum standards.
• Inspect educational institutions and recommend school improvements or closures.
• Enforce the Code of Ethics and Technical Standards of Practice.
• Define the scope of practice and continuing education programs.
• Set manpower requirements for various industries.
• Regulate electronics installations in collaboration with DPWH and industry representatives.
• Conduct inspections of industrial plants and commercial establishments.
• Hear and decide cases related to violations of the law and ethics.
• Delegate administrative case hearings, except those concerning the core profession.
• Promulgate resolutions and administrative decisions.
• Submit annual reports on Board activities.
• Perform other necessary functions for professional development.

Qualifications of Board Members

• Must be a Filipino citizen and resident for at least five (5) years.
• Must have good moral character and integrity.
• Must hold a valid Certificate of Registration and Professional Identification Card as a Professional Electronics Engineer.
• Must be an active member of the accredited professional organization.
• Must have at least ten (10) years of active professional practice.
• Must not have financial or faculty involvement in institutions offering electronics engineering education or review classes.
• Must not have been convicted of any crime involving moral turpitude.

Term of Office

• Members serve a three (3) year term, renewable once.
• Any vacancy is filled for the unexpired term only.
• A member serving an unexpired term may be re-appointed multiple times but not exceeding six (6) years. Members must take an oath before assuming office.

Compensation and Allowances

• Compensation is comparable to other regulatory boards under PRC as provided in the General Appropriations Act.

Removal of Board Members

• The President, upon PRC's recommendation, may remove or suspend a member for neglect of duty or incompetence; manipulation of licensure exams; disclosure of examination questions before the exam; tampering of grades; or unethical conduct or final criminal conviction.

Custodian of Board Records, Secretariat and Support Services

• The PRC is responsible for keeping all Board records, including exam applications and administrative cases.
• It also designates the Board Secretary and provides support services for implementing RA 9292.

Licensure Examination Key Points

• Mandatory examinations for Electronics Engineers (ECEs) and Electronics Technicians (ECTS).
• Conducted by the Board under the supervision of the Commission (PRC).
• Follows Republic Act No. 8981 (PRC Modernization Act).

Qualifications for Examinations

• Key Points:
• Citizenship: Filipino or qualified foreign.
• Moral Character: Must be of good moral character; no convictions of crimes involving moral turpitude.
• Educational Requirements: ECE: Bachelor of Science in Electronics and Communications Engineering or Electronics Engineering, or equivalent.
• ECT: Associate, Technician, Trade, or Vocational course in electronics or equivalent, or completion of at least the minimum third-year equivalent of a Bachelor of Science program in Electronics and Communications Engineering or Electronics Engineering.

Scope of Examination for Electronics Engineers and Electronics Technicians

• ECE: Written tests covering Mathematics, Applied Sciences, Engineering Economics, Laws and Ethics, Electronics, Communications, Computers, and ICT.
• ECT: Written and/or practical tests specific to the practice of Electronics Technicians.
• Board has the authority to modify examination subjects with Commission approval and proper publication.

Ratings Key Points

• Passing grade: 70% in each subject.
• Conditional pass: 60-69% in some subjects allows for a removal examination.
• Failure of the removal exam results in failure of the entire licensure exam.

Release of the Results of Examination

• Results to be released within 15 days after the examination.

Qualifications and Schedule of Registration for Professional Electronics Engineer

• Valid ECE license, APO membership, 7 years of experience (2 in responsible charge), and 3 PECE certifications.
• En banc oral interview for competency assessment.
• Specific provisions for those registered under RA 5734.

Issuance of the Certificate of Registration and Professional Identification Card

• Certificates are issued to successful examinees and registered professionals and Professional Identification Cards are issued to registrants.

Registration without Examination for Electronics Technicians

• Available within 5 years of the act's effectivity.
• Requirements: 2-year electronics course or equivalent, or 3rd year of BS ECE, and 7 years of experience with 3 PECE certifications.

Non-issuance of a Certificate of Registration and/or Professional Identification Card for Certain Grounds

• Grounds: Conviction of crimes involving moral turpitude, immoral or dishonorable conduct, unsound mind.

Professional Oath Key Points

• Mandatory before registration and practice.

Revocation and Suspension of Certificate of Registration, Professional Identification Card and Cancellation of Special Permits

• Grounds: Unethical conduct, malpractice, incompetence, violations, fraud, etc.

Reinstatement, Re-issuance or Replacement of Certificate of Registration and Professional Identification Card

• Reinstatement after 2 years, with compliance and no illegal practice.
• Replacement of lost/damaged certificates.

Roster of Professional Electronics Engineers, Electronics Engineers and Electronics Technicians Key Points

• Board maintains a roster of registered professionals, updated annually with APO cooperation, and is publicly accessible.

Exemptions from Examination and Registration. Key Points

• Exemptions for foreign professionals under specific conditions.
• Requirements: No qualified Filipino available, project stipulations, international agreements, valid foreign license, limited scope of work, Special Permit from the Board, no private practice, Filipino counterparts, and time limits on the Special Permit.

ARTICLE IV: PRACTICE OF ELECTRONICS ENGINEERING

• No person can use the title Professional Electronics Engineer (PECE), Electronics Engineer (ECE), or Electronics Technician (ECT) or claim to be one without a valid Certificate of Registration and Professional Identification Card.
• Exceptions: As provided in Section 26 of the law.

Prohibitions and Limitations

• Only individuals can practice electronics engineering or electronics technician professions, based on personal qualifications.
• Companies or corporations cannot be registered or licensed for the practice.
• Licensed professionals (PECE, ECE, ECT) may form partnerships, associations, or corporations, but each member is responsible for their own work.

Seal of Professional Electronics Engineers

• The seal includes the Licensed Professional Electronics Engineers (PECE) official seal with name, registration number, and title.
• Used on plans, drawings, reports, and technical documents filed with government agencies.
• Must include the Professional Tax Receipt (PTR) number, date/place of payment, and membership number in the Accredited Professional Organization (APO).

Code of Ethics & Technical Standards

• The Board will adopt and enforce a Code of Ethics and Technical Standards of Practice.
• The Accredited Professional Organization (APO) will promulgate these standards.

Continuing Professional Education (CPE)

• PECES, ECEs, and ECTs must comply with CPE requirements as set by PRC (Professional Regulation Commission), Board, Accredited Professional Organization (APO), and other government agencies.
• CPE follows relevant laws, treaties, and agreements that the Philippines has signed.

Integrated & Accredited Professional Organization (APO)

• There is only one official APO for PECEs, ECEs, and ECTs.
• Membership is automatic upon registration.
• Non-members before the law's effectivity have 3 years to register.
• APO is responsible for CPE programs and accrediting other organizations for CPE.
• Good standing members get an annual membership card (required for official documents) and the failure to maintain membership results in being marked as delinquent.

Foreign Reciprocity

• Foreigners can register as PECE, ECE, or ECT only if their home country allows Filipinos to practice on equal terms and their country recognizes Philippine licenses and diplomas.

Government Positions Requiring Licensed Engineers

• Within 3 years of the law's effectivity, only licensed PECEs, ECEs, or ECTS can fill positions in the local and national government that require their expertise.

Penal Provision

• Violations are punishable by a fine of P100,000 to P1,000,000, imprisonment of 6 months to 6 years, or both.

Offenses

• Providing false information to obtain a Certificate of Registration/Professional ID.
• Using another person's certificate, ID, or seal.
• Using a revoked/suspended certificate.
• Pretending to be a registered Professional Electronics Engineer (PECE), Electronics Engineer (ECE), or Electronics Technician (ECT).
• Sealing documents after registration is revoked/suspended.
• Signing/sealing documents not prepared under one's supervision.
• Engaging in unauthorized electronics engineering practices.
• Involvement in illegal activities like wire-tapping, hacking, piracy, or maintaining an unregistered communication system.
• Violating any provisions of this Act, Code of Ethics, or Code of Technical Standards of Practice.

Assistance of Law Enforcement and Other Government Agencies

• Law enforcement agencies must assist in implementing this Act and prosecuting violators.
• Government offices must cooperate with the Board/Commission in enforcing the Act.

Transition Process

• The Board of Electronics and Communications Engineering will complete pending work within 6 months before being replaced by the new Board of Electronics Engineering.
• The President will appoint the new Board members to draft and implement regulations.

Vested Rights for Electronics and Communications Engineers

• Engineers with valid certificates at the time of the Act's effectivity are automatically recognized as Electronics Engineers and will receive new certificates with the same license number.

Implementing Rules and Regulations

• The Board, with the approval of the Commission and in coordination with the professional organization, will establish rules, codes, and standards for the profession which will be published and will take effect 15 days after publication.
• The implementation budget will be included in the annual General Appropriations Act.
• If any part of the Act is deemed unconstitutional, the rest remains valid.
• Republic Act No. 5734 and other conflicting laws are repealed or amended.
• The Act takes effect 15 days after publication in the Official Gazette or a general circulation newspaper.
• Approved: April 17, 2004 by Gloria Macapagal-Arroyo.
• Passed by Franklin Drilon (Senate President) & Jose de Venecia Jr. (House Speaker).