Law Philippine Constitutions

A rule of conduct, just, obligatory, lay down by Malolos Constitution

legitimate powers for common observance and benefits. 1935 Philippine Constitution
1973 Philippine Constitution
Classifications of Law 1987 Philippine Constitution
Divine Law
The law of religion and faith which concerns By-Law
itself with the concept of sin and salvation. A law of local or limited application passed under the
Human Law authority of a higher law specifying what things may be
The law that is made by humans. regulated by the by-law. It can also refer to the internal rules of
o Natural Law a company or organization.
o Moral Law
o Physical Law Standing Rules
o State Law Standing rules are regulations or rules that deal with
the procedures and operations of a business or guidance of an
Origins of Law institution or administration of a society and are adopted from
Ancient Law based on customs and traditions time to time similarly as any other act of the deliberative
Civil Law Spanish era assembly. Generally, the standing rules can be amended only by
Common Law American era a majority vote.

Sources of Laws Types of Meetings

1. Legislations Congress, Senate Regular Meetings
2. Customs traditions, beliefs Special Meetings
3. Precedence what simply precedes become a law Annual Meetings

Sources of Laws According to ECE Profession Motion

1. International Treaties, Agreements and Conventions
a. International Radio Regulations 1959,
Geneva, Switzerland
b. International Telecommunications Convention
1 May 1961
c. World Administrative Telegraph and Telephone
Conference 2-11 April 1973, Geneva,
Switzerland
d. World Administrative Radio Conference 24
Sept. 1979, Geneva, Switzerland
2. The Philippine Constitution
a. Art. XII, Sec. 11 Radio Station Ownership
b. Art. XII, Sec. 19 - Monopolies
c. Art. XVI, Sec. 11 Broadcast Media Ownership
3. Laws enacted by the Legislative branch of the
Government (Congress & Senate)
4. Presidential Decrees, Executive Orders and other
Presidential Issuances
5. Department (Ministry) Orders and Circulars
6. Decisions of the Court
7. Decisions of the National Telecommunications
Commission (formerly Board of Communications)
8. Memorandum Circulars of the Radio Control Office and
the Board of Communications (now NTC)
9. Opinions of the Secretary of Justice (DOJ)
10. Resolutions of the Broadcast Media Council (already
abolished since 15 Jan 1981)
Constitution
A set of fundamental principles or established
precedents according to which a state or other organization is
governed.
An application made to a court or judge orally in open
court. Its object is to obtain an order or rule directing some act
to be done in favor of the applicant.
Types of Motions
Main Motion
Subsidiary Motion
Privileged Motion
Incidental Motion
Voting Principles
Voice Vote
Ballot Vote
Electronic Voting
Election
A formal decision-making process by which a
population chooses an individual to hold public office.
Nomination
Presentation of the name of a person to the assembly
as a nominee for an office to be filled.
Transition of the National Telecommunications Commission
Radio Construction and Maintenance Section
o The first known radio regulatory office
o Under the Telegraph Division of the Bureau of
Posts
o Imposed the Act 3396, the Ship Radio Station
Law (5 Dec 1927)
Creation of the Radio Control Division
o Still in the Bureau of Posts under the Secretary
of Commerce and Communications
 o Created under the Act 3846, the Radio Control o Philippine Aerospace Development Corp.
Law of the Philippines (11 Nov 1931) (PADC)
Transfer of the Radio Control Division o Metro Manila Transit Corp. (MMTC)
o Transfer to Department of National
Defense - EO 230 (1939) Executive Order No. 125 Reorganization of the Ministry of
o Transfer to Department of Commerce and Transportation and Communications
Industry - EO 94 (1947) Dated 30 January 1987
o Transfer of Radio Control Board to Dept. of Additional Powers and Functions of the Ministry
Public Works and Communications - EO Additional Organizations
392 (1 Jan 1951), a separate entity to Radio o Technical Service
Control Office o Luzon, Visayas and Mindanao Regional Offices
Changes in the Name Attached Agencies
o Radio Control Office under DO 51 (23 Aug o Philippine National Railways (PNR)
1962) o Maritime Industry Authority (MARINA)
o Telecommunications Control Bureau 1 o Philippine Aerospace Development Corp.
July 1974 (PADC)
Director o Metro Manila Transit Corp. (MMTC)
Assistant Director o Philippine National Lines (PNL)
4 Divisions ad District Offices o Office of the Transport Cooperatives
Board of Communications o Philippine Ports Authority (PPA)
o Created under the Integrated Reorganization o Philippine Merchant Marine Academy
Plan of 1972 o Toll Regulatory Board (TRB)
o The first quasi-judicial body involving telco o Light Rail Transit Authority (LRTA)
services o Transport Training Center
o Under the Department of Public Works, o Civil Aeronautics Board
Transportation and Communications (DPWTC) o National Telecommunications Commission
o Organization (NTC)
Chairman o Manila International Airport Authority (MIAA)
2 full-time Board Members
Lawyer Executive Order No. 125-A Creation of the Department of
Economist Transportation and Communications.
National Telecommunications Commission Dated 13 April 1987
o Merger of the Telecommunications Control Changes and some additions to the EO 125
Bureau and the Board of Communications Organization
o Created by the virtue of Executive Order 546 o Secretary
(23 July 1979) o 4 Undersecretaries
o Organization o 8 Assistant Secretaries
Commissioner Administrative and Legal Affairs (2)
2 Deputy Commissioners Finance and Comptrollership (2)
Lawyer Planning and Project Development
Economist (2)
Management Information Service
Executive Order No. 546 Creation of the Ministry of and Project Management (2)
Transportation and Communication Land Transportation
Dated 23 July 1979 Postal Services
Organization Telecommunications
o Office of the Minister Air Transportation
o Administrative Service
o Financial and Management Service Act No. 3846 Radio Control Law of the Philippines
o Planning Service Dated 11 November 1931
o 4 Bureaus Types of Radio Stations
Land Transportation o Radio Transmitting Station for Commercial
Air Transportation Purposes
Telecommunications o Radio Receiving Station for Commercial
Posts Purposes
o National Telecommunications Commission o Radio Broadcasting Station
Attached Agencies
o Philippine National Railways (PNR)
o Maritime Industry Authority (MARINA)
 Stations that do not franchises
o Amateur station
o Experimental station
o Training station
o Mobile radio station
o Private station in a place so outlying and so
remote
o Broadcasting stations established and
operating at the time of approval of Act 3846
o Philippine Government radio stations
o Radio stations in the US Military bases
o Citizens Band radio station
o Value-added Service Provider
Franchise
A right, privilege or power of a public concern which
ought to not be exercised by a private individual at his will and
pleasure but should be preserved for public control or
administrations either by government directly or by public
interest under such conditions and regulations as the
government may impose in the public interest and for the public
security.
Types of Franchise
Primary franchise to exist as a corporation
Secondary franchise privileges conferred upon
existing entities to use public property for their private
business
Conditions for the Grant of Franchise
1. Citizen of the Philippines or a corporation under the
laws of the Philippines with at least 60% ownership of a
Filipino
2. Franchise is not exclusive in character
3. Granted not for a longer period of 50 years
4. Subjected to be amended, altered or repealed by the
Congress when required by public interest
Certificate of Public Convenience (CPC)
A requirement necessary to establish and operate
telecommunication services
Created under EO 546 (1979)
Conditions for the Grant of CPC
1. Citizen of the Philippines or a corporation under the
laws of the Philippines with at least 60% ownership of a
Filipino
2. Financially-capable
3. Operation will promote the public interest in a proper
and suitable manner
4. Conduction of hearing of the NTC; the public and
competitors are given notices
Difference between Franchise and CPCN
Franchise legislative authorization to engage in a
business activity
CPCN regulatory measure which constitutes the
franchises authority to commence operation
Difference between CPC and CPCN
CPC do not require franchise
CPCN requires franchise
Permits Issued by the NTC
1. Permit to Possess
2. Permit to Own
3. Permit to Transfer
4. Dealers Permit
5. Permit to Purchase
6. Permit to Import
7. Construction Permit
8. Permit to Sell
9. Permit to Purchase, Sell, Supply or Grind Transmitter
Crystals
10. Dealers/Manufacturers Permit for Transmitter Crystals
11. Permit for Movement of Communications Equipment
12. Permit to Demonstrate/Propagate
13. Radiocommunications Equipment Dealers Permit
(REDP)
14. Radiocommunications Equipment Manufacturers
Permit (REMP)
15. Radiocommunications Equipment Service Center
Permit (RESCP)
16. Mobile Phone Dealers Permit (MPDP)
17. Mobile Phone Service Center Permit (MPSCP)
Transmitter
Device capable of emitting radio frequency waves or
energy intended for transmission of signals.
Transceiver
An inherent combination of a radio transmitter and
receiver.
Radio Station License
A certificate of written authority issued by the NTC to
an applicant authorizing the holder to operate a radio station
during the period specified in the said certificate.
Requirements for Radio Station License
1. Radio franchise, if required by law
2. Filing a bond fixed in the franchise
3. CPCN for public telco utilities and services
4. Application for construction permit
5. Engineering plans and designs
6. Issuance of construction permit
7. Certificate of business registration from DTI
8. Articles of incorporation and certificate of registration
from the SEC
9. List of incumbent officers and members of the board
certified by the Board secretary
10. Information sheet accomplished by the officers and
member of the board
11. Income tax return and financial statement duly certified
by CPA
12. Notice to the NTC upon the completion of construction
13. Inspection of the radio station by NTC representative
14. Application for radio station license
Radio Spectrum Guidelines in RF Assignments
An intangible natural resource which makes possible all 1. Availability of radio frequency
forms of communications. 2. Strict compliance with the accepted spectrum planning
principles and licensing conditions
Frequency Band Spectrum 3. Authorized type approved/accepted equipment to
operate in the UHF/VHF narrow band
Frequency Wavelength Designation 4. Frequency plans adopted using standardized channel
5 4 Extremely low frequency separation and spacing
3 - 30 Hz 10 km-10 km
(ELF) 5. RF channels assigned to minimize interference due to
4 3
30 - 300 Hz 10 km-10 km Super low frequency (SLF) intermodulation
300 - 3000 Hz
3
10 km-100km Ultra low frequency (ULF) 6. Have authorized minimum ERP and/or allowable
3 - 30 kHz 100km-10km Very low frequency (VLF) antenna height
30 - 300 kHz 10km-1km Low frequency (LF)
300 kHz - 3 MHz 1km-100m Medium frequency (MF) Radio Station
3 - 30 MHz 100m-10m High frequency (HF) One or more transmitters or receivers or a
combination, including the accessory equipment, necessary at
30 - 300 MHz 10m-1m Very high frequency (VHF)
one location for carrying on a Radiocommunications service.
300 MHz - 3
1m-10cm Ultra high frequency (UHF)
GHz
Types of Radio Stations
3 - 30 GHz 10cm-1cm Super high frequency (SHF)
1. Fixed
Extremely high frequency
30 - 300 GHz 1cm-1mm 2. Broadcasting
(EHF)
3. Mobile
4. Land
Band Application
5. Aeronautical Fixed
ELF AC power distribution, low frequency telemetry signals 6. Aeronautical Mobile
SLF Some specialized government and military systems, 7. Maritime Mobile
submarine communications 8. Coast
ULF Also known as the voice frequency 9. Ship
LF Marine and aeronautical navigation 10. On-board Communication
VLF Maritime mobile communications 11. Survival Craft
MF Commercial AM radio broadcast 12. Land Mobile
HF Short waves, two-way radio communications, amateur 13. Base
radio and citizens band radio 14. Radiodetermination
VHF Mobile radio, marine and aeronautical 15. Radionavigation
communications, commercial FM radio and TV 16. Radiolocation Land
broadcast (Channels 2-13) 17. Radiolocation Mobile
UHF Commercial TV broadcast (Channels 14-83), land 18. Radio Direction Finding (RDF)
mobile communication services, cellular telephones, 19. Radiobeacon
radar and navigation systems, microwave and satellite 20. Space
radio systems 21. Earth
SHF Majority of the microwave and satellite radio 22. Terrestrial
communications systems 23. Amateur
EHF Seldom used for radio communications 24. Experimental
25. Ship Earth
NTC MC 03-03-96 Review, Allocation and Assignment of
the Radio Spectrum NTC MC 10-10-97 Spectrum User Fees

Conditions for Frequency Assignments Bases of Spectrum User Fees (SUF)

1. Application subject to criteria, rules and regulations 1. Amount of spectrum used
established and update by NTC 2. Type of service being offered
2. Priorities based on 3. Economic classification of the areas covered
a. National need
b. Safety SUF Rates (Metro Manila/Highly Urbanized Cities/All Other Areas)
c. Security CMTS (800/900 MHz) 10/5/2.50
d. Economic Development Private Mobile Radio Service
e. Nature of operations o Non-repeated 20/10/5
3. RF assignments subject to shared usage, unless o Repeated 50/25/12.50
authorized by NTC for sole use Public Radio Paging Service 5/2.50/1.25
In-house Radio Paging System 20/10/5
Public Trunked Radio Service 5/2.50/1.25
 Private Trunked Radio Service 20/10/5 Member of good standing of the
Satellite Service (except RO) 5/2.50/1.25 Accredited Professional Organization
Wireless Local Loop (WLL) 1/0.50/0.25 (IECEP)
Broadband Services Be in active practice of the
o Less 1 GHz 6/5/4 electronics engineering profession
o 1-10 GHz 5/4/3 for at least ten (10) years
o 10-20 GHz 4/3/2 Must not have any pecuniary
o 20 GHz above 3/2/1 interest, directly or indirectly, in any
Point to point Radio Station school, academy, college, university
o Less 1 GHz 2.50 or institution
o 1-10 GHz 2 Must not have been convicted of an
o 10-20 GHz 1 offense involving moral turpitude.
o 20 GHz above 1.25 o Some notable functions:
Point to multipoint Radio Station 5 Grant registration without
examination
NTC MC 1-1-97 Use of Wireless Local Loop (WLL) for Local Review curricula for institutions
Exchange Service (LEC) teaching ECE and related courses
Adopt and administer the Code of
WLL Frequency Bands (MHz) Ethics and a Code of Technical
1880-1920 Standards of Practice for PECE, ECE
1710-1720/1805-1815 and ECT.
1850-1860/1930-1940 Examination, Registration and Licensure
3425-3442/3475-3492 o Section 13. Licensure Examination. All
applicants shall undergo the required
WLL Frequency Bands for LEC (MHz) examinations in accordance with the
360-365/370-375 provisions of Republic Act No. 8981.
866-869 o Section 17. Release of the Results of
1427-1530 Examination. - Fifteen (15) days after the said
examination.
Department Order No. 11 General Rules and Regulations Qualifications
Governing the Construction, Installation, Establishment or o ECE:
Operation of Radio Stations and the Possession and Section 15. Scope of the licensure
Ownership, Construction or Manufacture, Purchase, Sale and examination includes Math, Applied
Transfer of Transmitters and Transceivers in the Philippines Sciences, Engineering Economics,
(1 Jan 1951) Laws and Ethics, Electronics,
Communications, Computers, and
Republic Act 9292 Electronics Engineering Law of 2004 ICT
Took effect on 27 May 2004 A passing grade of at least 70% in
Repealed RA 5734 (Electronics and Communications each subject is required.
Engineering Act of the Philippines) under Sec. 42 Requirement for removal
Article I Sec. 4: Classification of licensed electronics examination is at least 60%.
engineers: ECT, ECE and PECE Release of exam results is 15 days
Professional Regulatory Commission after the exam.
o Article II: A Professional Regulatory Board of o PECE:
Electronics Engineers was established Long experience as an ECE with
composed of one chairman, and two certifications and documentations
members, appointed by the President of the Three certifications by three PECE
Philippines. Oral interview with the Board sitting
o Section 8. Qualifications of Board Members. - en banc
The chairman and members of the Board Proper Use of Title
must possess the following qualifications at o Article IV Sec. 27: No person shall offer
the time of their appointment: himself/herself as PECE, ECE or ECT to convey
Citizen of Philippines for 5 or to advertise that he/she is qualified to
consecutive years perform the work of such without holding a
Be of good moral character and valid Certificate of Registration and a valid
integrity Professional Identification
Holder of a valid Certificate of o Penal provisions (Sec. 35): Fine of P100,000 -
Registration and a valid Professional P1M or imprisonment of 6 mos. - 6 yrs.
Identification Card as a PECE
 Foreign Reciprocity
o Article III Sec. 26 (5): For every foreign
professional granted special permit here in
the Philippines, there shall be at least two
Filipinos employed in the country of the
foreign professional with the duration of
tenure at least the same.
o Article V Sec. 33: Foreign reciprocity
Other Provisions
o Sec. 30 sets the adoption of a Code of Ethics
and Code of Technical Standards of Practice
o Article V Sec. 32: Establishment of a single
Accredited Professional Organization which is
the Institute of Electronics and
Communication Engineers of the Philippines
(IECEP).
Upon registration with the
Commission, a licensed professional
shall ipso facto become a member of
this Accredited Professional
Organization.
Republic Act 5734 Electronics and Communications
Engineering Law of the Philippines
Took effect on 21 June 1969
Board Examination
Section 4: All applicants for registration as electronics
and communications engineer shall undergo the
required technical examination in accordance with this
Act.
Section 6. Schedule of Examination Twice a year in the
City of Manila or in such other places
Section 7. Scope of Examination Written tests
Section 8. Ratings in the Examination 70% average,
with no subject lower than 50%
Section 9. Report of Results of Examination 90 days
after the exam
Section 10. Fees for Examination and Registration
o Exam fee: P 45.00
o Registration fee: P 10.00
o Registration w/o exam: P55.00
o Duplicate fee: P10.00
Section 11. Roster of Electronics and Communications
Engineers
Creation and Composition of the Board
Section 12: A board of examiners for Electronics and
Communications Engineers is created composed of a
Chairman and two members, all to be appointed by the
President of the
Section 13. Powers and Duties of the Board
Section 14. Qualifications of Board Members Each
member of the Board at the time of his appointment
must be:
o A citizen and resident of the Philippines;
o At least 31 years old, and of good moral
character;
o A registered ECE
o Actually in active practice of the electronics
and communications engineering occupation
for at least 10 years, in the government
service or in private;
o Not a member of the faculty of any school,
institute, college, or university
o Not financially interested directly or indirectly,
in any school, institute, college, or university
Proper Use of Title
Section 2: No person shall offer himself in the
Philippines as, or use the title Electronics and/or
Communications Engineer or any word, letter, figure,
or sign whatsoever, tending to convey the impression
that he is an electronics and/or communications
engineer, or advertise or indicate in any manner that he
is qualified to perform the work of an electronics and
communications engineer without holding a valid
certificate of registration as electronics and
communications engineer issued by the Board in
accordance with this Act, except as provided under
Section eleven hereof. (b) It shall be unlawful for any
firm, company, or corporation, to offer itself to the
public as electronics and communications engineer
without the certification, supervision and/or guidance
of a duly registered electronics and communications
engineer.
Foreign Reciprocity
Section 23: No foreigner shall be admitted to an
examination or registration as electronics and
communications engineer under this Act unless he
proves in the manner as provided by the Board that, by
specific provisions of law, the country, state or province
of which he is a citizen, subject, or national admits
Filipino citizens to the practice of electronics and
communications engineering after an examination on
terms of strict and absolute equality with the citizens,
subjects, or national of said country, including the
unconditional recognition of prerequisite degrees
issued by institutions of learning duly recognized by
the Government of the Philippines.
Penal Provisions
Section 24: The following shall be punished by a fine
of not less than two thousand pesos nor more than five
thousand pesos, or by imprisonment for not less than
six months nor more than six years, or both, in the
discretion of the court
Department Order No. 88 - Rules and Regulations requiring
the services of a duly Registered ECE in the Planning and
Designing, Installation or Construction, Operation and
Maintenance of Radio Stations, and in the Manufacture
and/or Modification of Radio Communications Equipment
(28 Dec 1973)
Authorized Services of Registered ECE Executive Order 266 Continuing Professional Education (25
Planning and Designing of Radio Stations July 1995)
Installation or Construction of Radio Stations PRC Resolutions
Operation and Maintenance of Radio Stations o 381, s. 1995
Manufacture and/or Modification of o 483, s. 1995
Radiocommunications Equipment o 2004-179
o 2008-466
Radio Stations Exempted from Application of Construction Refers to incalculation, assimilation and acquisition of
Permit knowledge, skills, proficiency and ethical and moral
Amateur stations values after the initial registration of a professional that
Citizens Band (CB) radio stations raise and enhance the professional technical skills and
Land mobile/portable stations operating in competence
VHF/UHF/Microwave bands Organization
Aircraft stations in non-commercial service o Chairman
Ship low-power radiotelephone stations o 2 Council Members
Stations in the other communication services not
utilized for commercial purposes or having a coverage Executive Order No. 496 Institutionalization of
area not to exceed 5 km. radius Proceedings and Criteria for the Selection and the
Recommendation of Nominees to Vacant Positions in the
Radio Stations Exempted from Requiring Operation and Professional Regulatory Board (PRB) (December 1991)
Maintenance Organization
Amateur stations o Chairman
Paging stations o 5 Members of the Board
Maritime mobile stations
Land mobile/portable stations operating in
VHF/UHF/Microwave bands Current Government Positions
Aircraft stations
Citizens Band (CB) radio stations DOTC Secretary - Manuel "Mar" Roxas II
Radio training stations NTC Commissioner - Gamaliel Cordoba
NTC Deputy Commissioners
Commonwealth Act 146 The Public Service Law (7 Nov Carlo Jose Martinez
1936) Delilah Deles
Section 13-b. The term public service includes every PRC Chairperson - Teresita Manzala
person that now or hereafter may own, operate, PRC Commissioners
manage, or control in the Philippines Alfredo Po
Section 14. Exempted from the provisions in the Jennifer Manalili
preceding section are (d) Radio companies except with ECE Board Chairperson Engr. Sylvia Marcelo
respect to fixing of rates. ECE Board Member Joel Bajador
Section 15. no public service shall operate in the IECEP Governor Roman Palo
Philippines without possessing a valid and subsisting
certificate from the Public Service Commission known
as certificate of public convenience, or certificate List of Laws to Remember
of public convenience and necessity, as the case
may be, to the effect that the operation of said service Number Date Title
and the authorization to do business will promote the EO 230 1939 Transfer of RCD to DND
public interests in a proper and suitable manner. EO 94 1947 Transfer of RCD to DCI
EO 392 1 Jan 1951 Transfer of RCB to DPWC
Presidential Decree 223 The Law Creating the Professional *EO 546 23 July 1979 Creating MOTC & NTC
Regulations Commission (22 June 1973) *EO 125 30 Jan 1987 Reorganization of MOTC
*EO 125-A 13 Apr 1987 Creating DOTC
Organization
EO 266 25 July 1995 Creating CPE
o Commissioner
*Act 3846 11 Nov 1931 Radio Control Law of the Phils.
o 2 Associate Commissioners Act 3396 5 Dec 1927 Ship Radio Station Law
DO 51 23 Aug 1962 Radio Control Office
Republic Act 8981 PRC Modernization Act of 2000 (5 Dec. DO 11 1 Jan 1951 Rules & Regs for TX and TC
2000) DO 88 28 Dec 1973 Rules & Regs for ECE Services
Organization *RA 9292 17 Apr 2004 Elec Engg Law of 2004
o Chairperson Dept. secretary *RA 5734 21 June 1969 ECE Law of the Phils.
*RA 8981 5 Dec 2000 PRC Modernization Act of 2000
o 2 full-time Commissioners Dept.
*ComAct 146 7 Nov 1936 Public Service Law
undersecretaries
PD 223 22 June 1973 Creating PRC