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PREFACE
This learning material is for instructional delivery purposes of the faculty
members of Samar State University only. This is intended solely for the
consumption of officially enrolled students of the course and this should not be
sold, reproduced, shared nor copied by other individuals.
The entire course is divided into four packets which will be delivered to your
respective LGU links where you belong. The packets must be withdrawn from the
LGU links as scheduled. You are to undergo a self-directed learning using this
module and a link to the references used. If by any means you have an access to
internet, it is encouraged that you visit your accounts in the SSU Learning
Management System for additional resources. After you studied you are to answer
the questions and the individual activities asked from you which is found in the
assessment section of the module. You can take the assessment and submit the
class requirements online or through hard copies to the LGU links. Be aware of
the deadline of submissions of the said documents, online or not. Late
submissions will affect your grade.
More than the ratings, it is our hope that you learn for your future. It’s okay
to ask help from anyone but do not compromise the chance to learn the lessons.
By copying without learning, it is you who will be affected. According to Brian
Herbert, the capacity to learn is a gift, the ability to learn is a skill, and the
willingness to learn is a choice. With our current situation, your indulgence in
making sure that you learn is what we are hoping for.
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UNIT 2: Pledge of ECE, RA 5734 and CSC Guidelines


 

2.0 Intended Learning Outcomes


At the end of the course, students are expected to:

 State the Pledge of ECE


 Compare RA 5734 from RA 9292
 Interpret the CSC Guidelines

2.1 Introduction

This instructional material is composed of 3 topics namely the Pledge of ECE, RA


5734 and CSC Guidelines.
On the viewpoint of the law, a pledge is defined as a thing that is given as a security
for the fulfillment of a contract or the payment of a debt and is liable to forfeiture in the
event of a failure. The Pledge of ECE is usually recited during the oath-taking
ceremony after an examinee passed the board exam as a requirement in consideration
to RA 9292 or the Electronics Engineering Law of 2004 before the PRC ID or license will
be claimed. RA 5734 is the law repelled by RA 9292. When we talk about RA 5734, we
cannot do away from RA 9292. RA 5734 is entitled Electronics and Communications
Engineering Law of the Philippines. One of the very common distinction between RA
9292 and RA 5734 is the recognition of ECE. In RA 5734, the abbreviation ECE means
Electronics and Communications Engineer while in RA 9292, it is only Electronics
Engineer. In this section, RA 5734 and RA 9292 will be tackled.
The Civil Service Commission guidelines will also be highlighted in this
instructional material. Eventually, some if not all of you will be working as a member
of the government workforce. It is but necessary to know the basic your profession and
rules and regulations that a person in government service needs to follow. Failure to
know and follow the basic laws may cost you your career, profession and even your
future. This also includes the benefits that workers in the government have such as
salary and non-monetary remunerations like service credits and different kinds of
leave.

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2.2 Topics/Discussion (with Assessment/Activities)

A. Pledge of ECE

I am an Electronics Engineer. In my profession, I take deep pride, but


without vainglory; to it I owe solemn obligations that I am eager to
faithfully fulfill.

As an Electronics Engineer, I will participate in none but honest and legal


enterprises. To him who has engaged my services, as employer or client, I
will give the utmost of performance and fidelity. I dedicate myself to the
analysis, synthesis and dissemination of engineering knowledge and
practice.

Zealous of the high repute of my calling, I will strive to protect the interest
and the good name of any engineer that I know to be deserving; but I will
not shirk, should duty dictate, from disclosing the truth regarding anyone
who, has shown himself unworthy of the profession.

To my colleagues, I pledge in the same full measure I ask of them,


integrity and fair dealing, tolerance and respect, and devotion to the
standards and the dignity of the engineering profession, that carries with
it the obligation to serve humanity with complete dedication.

So help me God.

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This Pledge of ECE is usually a part of the oath-taking ceremony. Board exam
passers may or may not attend the oath-taking ceremony which is usually arranged
by IECEP or Institute of Electronics Engineers of the Philippines, Inc. Nonetheless, it
is a requirement that you recite the Pledge of ECE before claiming your PRC ID in
the PRC Office near you after passing the Board Examination. Oath-taking is an act
of making a promise and a vow. However, it is not as simple as that because oath-
taking is not just about making a promise. It is about declaring that promise and
vow upon something or someone sacred to the person taking the oath. Commonly,
oath makers call on God to bear witness and bind the promise they make. This is to
create solemnity and sincerity to the oath. Once an oath is taken, the maker is
expected to do everything to keep that promise. Those failing to make true to their
oath are expected to face divine displeasure. Being unable to fulfill the duties and
responsibilities involved in the oath is something that illicit displeasure and great
disappointment.

RA 9292 ARTICLE III, SEC. 22.


Professional Oath. — All successful examinees and all those who
have qualified for registration without examination shall be
required to take a professional oath before any member of the Board
or any person authorized by the Commission before he/she
can be registered and issued a Certificate of Registration and
Professional Identification Card, and as a prerequisite to practicing
as a Professional Electronics Engineer, Electronics Engineer or
Electronics Technician.

B. RA 5734 and RA 9292


 RA 5734

THE ELECTRONICS AND COMMUNICATIONS ENGINEERING ACT


OF THE PHILIPPINES

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Be it enacted by the Senate and House of Representatives of the Philippines in


Congress assembled:

SECTION 1. Title of Act – This Act shall be known and cited as the
“Electronics and Communications Engineering Law of the Philippines.”

SECTION 2. Practice of Electronics and Communications Engineering – (a)


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.

SECTION 3. Registration – Certification of Registration – A certificate of


registration for electronics and communications engineer shall be issued to
any applicant who passes the examination hereinafter provided upon
payment of the required fees: Provided, That, the first Board may issue within
a period not exceeding two years from the composition of the said Board, a
certificate of registration as electronics and communications engineer, without
the necessity of undergoing the examination herein prescribed to its members
and to any applicant who, with his application for registration as electronics
and communications engineer, shall present evidence or other proof
satisfactory to the Board showing (a) that he has a specific record of at least
ten years of active practice in electronics and/or communications
engineering, (b) that he is of a responsible character indicating that he may be
entrusted to perform or render professional electronics and/or
communications engineering service as defined in this Act, and (c) who is a
bona fide member of any officially registered association of electronics and
communications engineers in the Philippines.

Every certificate of registration shall show the full name of the registrant with
a serial number, and shall be signed by the members of the Board, attested to

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by the Secretary of the Board of Examiners and duly authenticated by the


official seal of the Board.

The certificate of registration issued by the Board to the registrant shall be


evidence that the person named therein is entitled to the rights and privileges
of a registered electronics and communications engineer while said certificate
remains in force or unrevoked.

SECTION 4. Board Examination – Except as otherwise specifically provided


herein, all applicants for registration as electronics and communications
engineer shall undergo the required technical examination in accordance with
this Act.

SECTION 5. Pre-qualification for Examination – In order to be admitted to


the electronics and communications engineering examination, an applicant
must, at the time of the filing of his application therefor, establish to the
satisfaction of the Board that:
(a) He is at least twenty-one years of age;
(b) He is a citizen of the Philippines or of a foreign country qualified to
take the examination under Section twenty-three of this Act;
(c) He is of good moral character;
(d) He is a holder of the degree of Bachelor of Science in Electronics and
Communications Engineering, or such equivalent engineering course
from any school, institute, college, or university recognized by the
Government or the State where it is established, after completing a
resident collegiate course of not less than four years: Provided, That
within three years after the approval of this Act, holders of a certificate
of Associate in Electronics and Communications Engineering or any
allied engineering course or holder of a valid first class radiotelegraphy
or radiotelephony commercial operator license with at least five years
active practice in electronics, communications, or allied fields shall be
qualified to take the electronics and communications engineering
examination.

SECTION 6. Schedule of Examination – Examinations for candidates desiring


to practice electronics and communications engineering in the Philippines
shall be given by the Board twice a year in the City of Manila or in such other
places as may be deemed necessary and expedient by the Board.

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SECTION 7. Scope of Examination – The examination for the practice of


electronics and communications engineering in the Philippines shall consist of
written tests which shall cover such subjects as the Board may prescribe.

SECTION 8. Ratings in the Examination – To pass the examination, a


candidate must obtain an average of seventy per cent, with no rating below
fifty per cent in any subject: Provided, That, an applicant who fails to obtain a
passing average but who obtained at least seventy per cent in each of at least
one-half of the total subjects given in the examination, may be permitted to
take within two years from the date of his examination, another examination
on the subjects in which be obtained a grade below seventy per cent. Should
the examinee fail in the set of subjects repeated in the second examination, he
shall be required to take all the subjects in the next examination.

SECTION 9. Report of Results of Examination – Within ninety days after the


examination, the Board shall report the result thereof to the Commissioner of
Civil Service, who shall act thereon within thirty days from receipt thereof.

SECTION 10. Fees for Examination and Registration – Every applicant for
examination for electronics and communications engineering shall pay an
examination fee of forty-five pesos and a registration fee of ten pesos.

Every applicant for registration without examination shall pay a fee of fifty-
five pesos.

The fee for a duplicate certificate shall be ten pesos.

All fees shall be paid to the disbursing officer designated by the Board and
such officer shall pay from the receipt thereof all the authorized expenses of
the Board, including the compensation of each member.

SECTION 11. Roster of Electronics and Communications Engineers – A


roster showing the names, the addresses and places of business of all
registered electronics and communications engineers shall be prepared by the
Secretary of the Board during the month of July every year, commencing one
year after the date the first Board has been constituted. Copies of this roster
shall be mailed to each person so registered, and the Secretary of Labor with
copies furnished to all department heads, to the mayors of all chartered cities,
to the Radio Control Office, to the Public Service Commissioner, to the

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Collector of Customs, to the Commissioner of Immigration and to such other


bureaus or government agencies and provincial, city, and municipal
authorities as may be deemed necessary and to the public upon request.

SECTION 12. Creation and Composition of the Board – There is hereby


created a Board of Examiners for Electronics and Communications Engineers,
hereinafter referred to as the Board. It shall be composed of a Chairman and
two members, all to be appointed by the President of the Philippines, with the
consent of the Commission on Appointments, from among the registered
practicing electronics and communications engineers of recognized standing
in the Philippines as certified to by any officially registered association of
electronics and communications engineers in the Philippines who possess the
qualifications prescribed in this Act. The members of the first Board shall be
appointed within two years from the approval of this Act from among those
certified as duly qualified by the Institute of Electronics and Communications
Engineers of the Philippines, a technical professional association duly
organized under the laws of the Philippines.

SECTION 13. Powers and Duties of the Board – The Board is vested with the
authority, conformably with the provision of this Act, to:
I.
(a) Administer the provisions of this Act.
(b) Administer oaths in connection with the administration of this Act.
(c) Issue, suspend, or revoke certificate of registration for the practice of
electronics and communications engineering for justifiable cause.
(d) Study the conditions affecting the electronics and communications
engineering profession in the Philippines, and exercise the powers
conferred upon it by this and other Acts with a view to the
promotion and maintenance of ethical, moral, and professional
standards in the practice of electronics and communications
engineering.
(e) Study, examine and prescribe, in cooperation with the Department of
Education, the essential requirements as to curricula and facilities of
schools, colleges, or universities seeking permission to open courses
or already offering courses in electronics and communications
engineering and to see to it that these requirements, including
employment of qualified faculty members, are properly complied
with.
(f) Recommend to the Department of Education or other entity
concerned with the granting of school permits or authorization the

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opening of colleges or schools and universities in electronics and


communications engineering.
(g) Investigate violations of this Act and, for this purpose issue subpoena
and subpoena duces tecum to secure attendance of witnesses and the
production of documents in connection with the charges presented to
and/or any investigation pending before the Board; and if any
person shall refuse to obey any subpoena so issued or shall refuse to
testify or produce any book, document, or other pertinent evidence
required thereunder, the Board may petition the proper court of first
instance setting forth the facts and thereupon such court, in a proper
case, shall issue a subpoena to said persons, requiring him to appear
before the Board, and there to testify and/or produce such books,
papers, documents or other pertinent evidence as may be required by
such subpoena. Any person failing or refusing to obey the subpoena
or order of the said court shall be held liable in the same manner as
for refusal to obey any other subpoena or order of the court.
(h) Establish and administer a code of ethics and fair practice for
electronics and communications engineers of the Philippines.
(i) Recommend or adopt from time to time and whenever necessary,
such measures as may be deemed proper for the advancement of the
profession in keeping with the progress of the industry.
(j) Promulgate such rules and regulations as may be necessary to carry
out the provisions of this Act.

II. Refusal to Issue a Certificate in Certain Cases – The Board shall


refuse to issue a certificate of registration to any person convicted by a
court of competent jurisdiction of any crime involving moral turpitude,
to any person of immoral or dishonorable conduct, and to any person
of unsound mind, furnishing the party concerned a written statement
containing the reason or reasons for such action, which statement shall
be incorporated in the records of the Board.

III. Revocation and Suspension of Certificates – The Board shall revoke


or suspend the validity of a certificate of registration as electronics and
communications engineer issued to any registrant for any of the causes
mentioned in the preceding section, or for unprofessional or unethical
conduct, malpractice, incompetence, or where fraud, deceit, or false
statement was employed in obtaining said certificate of registration.

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IV. Appeal from Judgement – The decision of the Board shall become final
after thirty days from the date of its promulgation unless within said
period any interested party has perfected an appeal to the Office of the
President whose decision shall be final.

V. Reinstatement and Replacement of Certificates – The Board, upon


application and for reasons of equity and justice may reinstate the
validity of a suspended certificate, or issue another certificate in lieu of
one previously revoked, upon payment of the required fees, at least
two years after such suspension or revocation.

A new certificate of registration to replace any certificate lost,


destroyed, or mutilated, may be issued, subject to the rules of the
Board and upon payment of the required fee.
SECTION 14. Qualifications of Board Members – Each member of the Board
at the time of his appointment must be:
(a) A citizen and resident of the Philippines;
(b) At least thirty-one years of age, and of good moral character;
(c) A registered electronics and communications engineer under this Act;
(d) Actually, in active practice of the electronics and communications
engineering occupation for at least ten years, in the government service
or in private;
(e) Not a member of the faculty of any school, institute, college, or
university where a regular course in electronics, communications or
radio is taught, or if he has been such a faculty member, he has
stopped teaching therein for at least three consecutive years
immediately preceding his appointment; and
(f) Not financially interested directly or indirectly, in any school, institute,
college, or university where a regular course in electronics and/or
communications engineering is taught.

SECTION 15. Term of Office – The members of the Board shall hold office for
a term of three years: Provided, That the first appointees to the Board shall
hold office for the following terms: One member for one year, the other
member for two years, and the third member for three years. Any vacancy
occurring within the term of a member shall be filled for the unexpired
portion of the term only. Each member of the Board shall take the proper oath
prior to the assumption of office.

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SECTION 16. The Executive Officer and Secretary of the Board – The
Commissioner of Civil Service shall be the Executive Officer of the Board, and
shall conduct the examination given by the Board according to the rules and
regulations promulgated by him. The Secretary of the Board of Examiners
shall also be the Secretary of the Board. All records of the Board, including
examination papers, minutes of deliberations, and records of administrative
proceedings and investigations shall be kept by the Commissioner of Civil
Service.

SECTION 17. Compensation of the Board – The members of the Board shall
each receive, as compensation, a fee of ten pesos for each applicant examined
and ten pesos for each certificate of registration granted without prior
examination.

SECTION 18. Removal of Board Members – The President of the Philippines


upon recommendation of the Commissioner of Civil Service may suspend or
remove any member of the Board for continued neglect of duty,
incompetence, commission or tolerance of irregularities in the examination,
malpractice, or unprofessional or unethical conduct, after having given the
member concerned an opportunity to be heard and/or defend himself in a
proper administrative investigation.

SECTION 19. Publication in Official Gazette – All rules, regulations, and


code of ethics promulgated by the Board under the provisions of this Act shall
be published in the Official Gazette, and shall be effective fifteen days after
publication therein.

SECTION 20. Annual Report – The Board shall submit an annual report to
the President of the Philippines at the close of each year embodying such
recommendation as it may deem proper.

SECTION 21. Definitions – The following definitions, unless the context


otherwise requires, shall govern in the application and construction of this
Act:

(a) Board – The Board of Examiners for Electronics and Communications


Engineers.

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(b) Communications – The process of sending and/or receiving messages


between two or more points by radio, electronics, or other electrical
devices.
(c) Electronics – The science dealing with the development and
application of devices and systems involving the flow of electrons in a
vacuum, in gaseous media, plasma, and in semiconductors.
(d) Electronics and Communications Engineer – A person who is
qualified to hold himself out as an electronics and communications
engineer under this Act and to affix to his name the letters “E.C.E.”

SECTION 22. Enforcement of the Act by Officers of the Law – It shall be the
duty of all duly constituted officers of the law of the National Government, or
of any provincial, city or municipal government, to enforce the provisions of
this Act and to prosecute any person violating the same. The Secretary of
Justice shall render such legal assistance as may be necessary in carrying out
the provisions of this Act.
SECTION 23. Foreign Reciprocity – 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.
SECTION 24. Penal Provisions – 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:
(a) Any person who shall give any false or fraudulent statement to the
Board to obtain a certificate of registration as electronics and
communications engineer;
(b) Any person who shall present or use as his own a certificate of
registration issued to another under this Act;
(c) Any person who shall present or use a revoked or suspended
certificate of registration as electronics and communications engineer;
(d) Any person who shall assume, use, or advertise as electronics and
communications engineer, or append to his name, letters, or words

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tending to convey the impression that he is a registered electronics and


communications engineer when in fact he is not duly registered with
the Board as such;
(e) Any electronics and communications engineer, or any person on his
behalf, who shall stamp or seal any document with his seal as such
after his certificate of registration has expired or has been suspended or
revoked;
(f) Any electronics and communications engineer who shall sign his
name, affix his seal, or use any other method of signature on plans,
technical description, or other documents prepared by or under
another electronics and communications engineer's supervision, unless
the same is prepared in such manner as to clearly indicate the part or
parts of such work actually performed by the former;
(g) Any person, except the electronics and communications engineers in
charge, who shall sign for any branch of the electronics and
communications engineering work, or any function or engineering
practice not actually performed by him;
(h) Any person holding a certificate of registration who shall engage in
illegal wire-tapping and/or the employment of electronics devices in
violation of the privacy of another or in disregard of the privilege of
private communications or maintain an unlicensed and/or
unregistered communications system or device; and
(i) Any person who shall violate any provision of this Act or any rules
and regulations promulgated under this Act.

SECTION 25. Appropriation of Funds – The sum of ten thousand pesos is


hereby appropriated, out of any funds in the National Treasury not otherwise
appropriated, to be disbursed by the Board in accordance with the provisions
of this Act. All sums collected in accordance with this Act shall be paid into
the National Treasury as part of the general funds thereof: Provided. That
during the first twelve months of the operation of this Act, any portion of the
sums collected may be used for the purpose of this Act to cover disbursement
in excess of the amount appropriated herein.
SECTION 26. Repealing Clause – All laws, executive orders, rules,
regulations, or parts thereof in conflict with the provisions of this Act are
hereby repealed or amended accordingly.
SECTION 27. Separability of Provisions – If any provision of this Act or any
portion thereof is declared unconstitutional by any competent court, the other
provisions thereof shall not be affected thereby.

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SECTION 28. Effectivity – This Act shall take effect upon its approval.
Approved, June 21, 1969.

 RA 9292

[REPUBLIC ACT NO. 9292]

AN ACT PROVIDING FOR A MORE RESPONSIVE AND COMPREHENSIVE


REGULATION FOR THE REGISTRATION, LICENSING AND PRACTICE OF
PROFESSIONAL ELECTRONICS ENGINEERS, ELECTRONICS ENGINEERS
AND ELECTRONICS TECHNICIANS, REPEALING REPUBLIC ACT NO.
5734, OTHERWISE KNOWN AS “THE ELECTRONICS AND
COMMUNICATIONS ENGINEERING ACT OF THE PHILIPPINES,” AND
FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress


assembled:

ARTICLE I
GENERAL PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the “Electronics


Engineering Law of 2004.”

SEC 2. Statement of Policy. — The State recognizes the importance of electronics


engineering in nation building and development. The State shall therefore
develop and nurture competent, virtuous, productive, and well-rounded
Professional Electronics Engineers, Electronics Engineers and Electronics
Technicians whose standards of practice and service shall be excellent, qualitative,
world-class and globally competitive, through inviolable, honest, effective and
credible licensure examinations and through regulatory measures, programs and

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activities that foster their integrity, continuing professional education,


development and growth.

SEC 3. Definition and Interpretation of Terms. — As used in this Act, the


following terms shall mean:

(a) Electronics — the science dealing with the development and application of
devices and systems involving the flow of electrons or other carriers of electric
charge, in a vacuum, in gaseous media, in plasma, in semiconductors, in solid-
state and/or in similar devices, including, but not limited to, applications
involving optical, electromagnetic and other energy forms when transduced or
converted into electronic signals.

(b) Professional Electronics Engineer — a person who is qualified to hold


himself/herself out as a duly registered/licensed Professional Electronics
Engineer under this Act and to affix to his/her name the letters “PECE.”

(c) Electronics Engineer — a person who is qualified to hold himself/herself out


as a duly registered/licensed Electronics Engineer under this Act and to affix to
his/her name the letters “ECE.”

(d) Electronics Technician — a person who is qualified to hold himself/herself out


as a duly registered/licensed Electronics Technician under this Act and to affix to
his/her name the letters “ECT”

(e) Electronics and Communications Engineer — a person who is qualified to hold


himself/herself out as a duly-registered/licensed Electronics and
Communications Engineer under Republic Act No. 5734.

(f) Computer — any of a variety of electronic devices that is capable of accepting


data, programs and/or instructions, executing the programs and/or instructions
to process the data and presenting the results.

(g) Information and Communications Technology — the acquisition, production,


transformation, storage and transmission/reception of data and information by
electronic means in forms such as vocal, pictorial, textual, numeric or the like; also
refers to the theoretical and practical applications and processes utilizing such
data and information.

(h) Communications — the process of sending and/or receiving information,


data, signals and/or messages between two (2) or more points by radio, cable,
optical wave guides or other devices and wired or wireless medium.

(i) Telecommunications — any transmission, emission or reception of voice, data,


electronic messages, text, written or printed matter, fixed or moving pictures or
images, words, music or visible or audible signals or sounds, or any information,
intelligence and/or control signals of any design/format and for any purpose, by

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wire, radio, spectral, visual/optical/light, or other electronic, electromagnetic and


technological means.

(j) Broadcast, Broadcasting — an undertaking the object of which is to transmit


audio, video, text, images or other signals or messages for reception of a broad
audience in a geographical area via wired or wireless means.

(k) Industrial Plant — includes all manufacturing establishments and other


business endeavors where electronic or electronically-controlled machinery or
equipment are installed and/or are being used, sold, maintained, assembled,
manufactured or operated.

(l) Commercial Establishment — shall include but not limited to office buildings,
hotels, motels, hospitals, condominiums, stores, apartments, supermarkets,
schools, studios, stadia, parking areas, memorial chapels/parks, watercraft and
aircraft used for business or profit, and any other building/s or area/s for
business purposes, where electronic or electronically-controlled machinery or
equipment are installed and/or are being used, sold, maintained, assembled,
manufactured or operated.

(m) Consulting Services — as used in this Act, shall include services requiring
adequate technical expertise, experience and professional capability in
undertaking advisory and review, pre-investment or feasibility studies, design,
planning, construction, supervision, management and related services, and other
technical studies or special studies in the field of electronics engineering.

(n) Accredited Professional Organization — the integrated and accredited national


organization of Professional Electronics Engineers, Electronics Engineers and
Electronics Technicians.

SEC 4. Categories of Practice. — The following shall be the engineering and


technician categories covered by this Act:

(a) Professional Electronics Engineer (PECE)

(b) Electronics Engineer (ECE)

(c) Electronics Technician (ECT)

SEC 5. Nature and Scope of Practice of Electronics Engineering and Electronics


Technician Professions. —

(a) The scope and nature of practice of Electronics Engineer shall embrace and
consist of any work or activity relating to the application of engineering sciences
and/or principles to the investigation, analysis, synthesis, planning, design,
specification, research and development, provision, procurement, marketing and
sales, manufacture and production, construction and installation,

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tests/measurements/control, operation, repair, servicing, technical support and


maintenance of electronic components, devices, products, apparatus, instruments,
equipment, systems, networks, operations and processes in the fields of
electronics, including communications and/or telecommunications, information
and communications technology (ICT), computers and their networking and
hardware/firmware/software development and applications,
broadcast/broadcasting, cable and wireless television, consumer and industrial
electronics, electro-optics/photonics/opto-electronics, electro-magnetics, avionics,
aerospace, navigational and military applications, medical electronics, robotics,
cybernetics, biometrics and all other related and convergent fields; it also includes
the administration, management, supervision and regulatory aspects of such
works and activities; similarly included are those teaching and training activities
which develop the ability to use electronic engineering fundamentals and related
advanced knowledge in electronics engineering, including lecturing and teaching
of technical and professional subjects given in the electronics engineering and
electronics technician curriculum, and licensure examinations.

(b) The scope and nature of practice of the Professional Electronics Engineer shall
embrace and consist of all of the above plus the sole authority to provide
consulting services as defined in this Act and to sign and seal electronics plans,
drawings, permit applications, specifications, reports and other technical
documents prepared by himself/herself and/or under his direct supervision.

(c) The scope and nature of practice of the Electronics Technician profession shall
embrace and consist of any non-engineering work or activity relating to the
installation, construction, operation, control, test and measurements, diagnosis,
repair and maintenance, manufacture and production, sales and marketing of any
electronic component/s, device/s, products, apparatus, instruments, equipment,
system/s, network/s, operations and processes located on land, watercraft,
aircraft, industrial plants or commercial establishments, including the teaching
and training of technical and professional subjects given in the electronics
technician curriculum and licensure examinations.

ARTICLE II
PROFESSIONAL REGULATORY BOARD OF ELECTRONICS
ENGINEERING

SEC 6. Composition of the Board. — There is hereby created a Professional


Regulatory Board of Electronics Engineering, hereinafter referred to as the Board,
under the administrative control and supervision of the Professional Regulation
Commission, hereinafter referred to as the Commission, composed of a chairman
and two (2) members who shall be appointed by the President of the Philippines
from the three (3) recommendees per position chosen and ranked by the
Commission, which recommendees shall in turn be chosen from the five (5)
nominees for each position submitted by the accredited professional organization,

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in accordance with rules and regulations presently in existence or that may be


promulgated for such purpose.

SEC 7. Powers and Functions of the Board. — The Board is vested with the
authority to:

(a) Administer/Implement the provisions of this Act;

(b) Administer oaths in connection with the administration of this Act;

(c) Adopt an official seal of the Board;

(d) Issue, suspend or revoke Certificates of Registration and accordingly the


Professional Identification Cards of Professional Electronics Engineers, Electronics
Engineers or Electronics Technicians, or otherwise suspend the holder thereof
from the practice of his/her profession, for any justifiable cause and after due
process;

(e) Maintain a roster of Professional Electronics Engineers, Electronics Engineers


and Electronics Technicians;

(f) Issue, suspend and/or cancel special permits to foreign Professional Electronics
Engineers, Electronics Engineers or Electronics Technicians in accordance with the
provisions of this Act;

(g) Prescribe, amend or revise the requirements for licensing of Professional


Electronics Engineers, and prepare, adopt and issue the syllabi of the subjects for
the licensure examination for Electronics Engineers and Electronics Technicians,
and prepare the questions therefore, in strict conformance with the scope of the
syllabi;

(h) Adopt a program for the full computerization of the licensure examination;

(i) Grant registration without examination, subject to review and approval by the
Commission, in accordance with the provisions of this Act;

(j) Study, examine and recommend, in coordination with the Commission on


Higher Education (CHED) and the Technical Education and Skills Development
Authority (TESDA), and in consultation with other concerned government entities
and the accredited professional organization, the essential requirements as to
curricula and facilities of schools, colleges or universities, seeking permission to
open courses or programs or already offering courses or programs in electronics
engineering, electronics technician and related courses or programs and to see to
it that these requirements, including employment of qualified faculty members,
are properly complied with: Provided, That within three (3) years after the
effectivity of this Act, the Board shall, in coordination with the CHED, TESDA
and in consultation with other concerned government entities and the accredited

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professional organization, review and define/re-define the curricula for


electronics engineering, electronics technician and/or allied courses or programs
for the purpose of re-aligning, revising and/or consolidating the same and/or
otherwise defining the minimum requirements by means of which graduates of
related or allied courses or programs can qualify to take the Electronics Engineer
and Electronics Technician licensure examinations;

(k) Inspect educational institutions and based on their findings thereon,


recommend to the CHED and/or the TESDA and/or other government entities
concerned with the granting of school permits or authorization, the opening,
improvement/upgrading or closure of colleges or schools and universities
offering electronics engineering and electronics technician courses or programs;

(l) Adopt and administer a Code of Ethics and a Code of Technical Standards of
Practice for Professional Electronics Engineers, Electronics Engineers and
Electronics Technicians in the Philippines;

(m) Promulgate rules and regulations on the scope of practice of Professional


Electronics Engineers, Electronics Engineers and Electronics Technicians;

(n) Promulgate a program for continuing professional education and/or


development of Professional Electronics Engineers, Electronics Engineers and
Electronics Technicians;

(o) Prescribe the minimum manning and manpower requirements for Professional
Electronics Engineers, Electronics Engineers and Electronics Technicians in
industrial plants and commercial establishments for purposes of ensuring
compliance with the provisions of this Act and all other ordinances, laws, rules
and regulations that may be enacted hereinafter;

(p) Formulate, prescribe and adopt such rules and regulations for electronics
installations in industrial plants, commercial establishments and other buildings
or structures covered by the National Building Code of the Philippines, in
coordination with the Department of Public Works and Highways (DPWH), other
concerned government agencies, representatives of industry and the Accredited
Professional Organization;

(q) Study the conditions affecting the Professional Electronics Engineering,


Electronics Engineering and Electronics Technician Professions in the Philippines,
and whenever necessary, exercise the powers conferred by this and other Acts,
and adopt such measures as may be deemed proper for the enhancement and
advancement of the professions and/or the maintenance of high professional,
ethical and technical standards, and for this purpose, the Board may personally or
through subordinate employees of the Commission or member/s of the
Accredited Professional Organization, duly authorized by the Board and
approved by the Commission, conduct ocular inspection or visit industrial plants

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and commercial establishments where Professional Electronics Engineers,


Electronics Engineers and Electronics Technicians are employed for the purpose
of determining compliance with the provisions of law relative thereto, in
accordance with established policies promulgated by the Commission;

(r) Hear and decide violations of this Act, its implementing rules and regulations,
the Code of Ethics and the Code of Technical Standards of Practice for the
profession, and for this purpose, issue subpoena ad testificandum and/or
subpoena duces tecum to secure attendance of witnesses and the production of
documents in connection with the charges presented to and/or any investigation
pending before the Board;

(s) Delegate the hearing or investigation of administrative cases filed before it to


authorized officers of the Commission, except in cases where the issue involved
strictly concerns the practice of the Professional Electronics Engineering,
Electronics Engineering and Electronics Technician Professions, in which case the
hearing shall be presided over by at least one (1) member of the Board assisted by
a Legal or Hearing Officer of the Commission;

(t) Promulgate resolutions, orders and/or decisions on such administrative cases:


Provided, That such resolutions, orders and/or decisions shall be subject to appeal
within fifteen (15) days from receipt thereof with the Commission, which may
affirm or reverse the same, dismiss the case, deny the appeal or remand the case
to the Board for further, action or proceeding: Provided, further, That if after fifteen
(15) days from the receipt of such decision no appeal is taken therefrom to the
Commission, the same shall become final and immediately enforceable;

(u) Submit an annual action plan and corresponding report at the beginning and
close of each fiscal year on the activities, proceedings and accomplishments of the
Board for the year, incorporating therein any recommendation to the Commission;
and

(v) Discharge such other powers and functions as the Board and the Commission
may deem necessary for the practice of the profession and the upgrading,
enhancement, development and growth of the Professional Electronics Engineer,
Electronics Engineer and Electronics Technician professions in the Philippines.
Except those in administrative cases, all resolutions embodying rules and
regulations and other policies and measures issued and/or promulgated by the
Board shall be subject to the review and approval by the Commission.

SEC 8. Qualifications of Board Members. — The chairman and members of the


Board must possess the following qualifications at the time of their appointment:

(a) Be a citizen and a resident of the Philippines for at least five (5) consecutive
years prior to his/her appointment;

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(b) Be of good moral character and integrity;

(c) Be a holder of a valid Certificate of Registration and a valid Professional


Identification Card as a Professional Electronics Engineer, duly qualified to
practice as a Professional Engineer in the Philippines;

(d) Be a member of good standing of the Accredited Professional Organization;

(e) Be in active practice of the electronics engineering profession for at least ten
(10) years prior to his appointment, either in self practice, or employment in
government service and/or in the private sector;

(t) Must not have any pecuniary interest, directly or indirectly in any school,
academy, college, university or institution conferring an academic degree and/or
certification/accreditation necessary for admission to the practice of Electronics
Engineering and/or Electronics Technician or where review classes in preparation
for the licensure examination are being offered or conducted nor shall he/she be a
member of the faculty or of the administration thereof prior to taking his/her oath
of office; and

(g) Must not have been convicted of an offense involving moral turpitude.

SEC 9. Term of Office. — The members of the Board shall hold office for a term of
three (3) years from date of appointment or until their successors shall have been
appointed and qualified and may be re-appointed once for another term. Any
vacancy occurring within the term of a member shall be filled for the unexpired
portion of the term only: Provided, That the member appointed to serve the
unexpired term may be re-appointed more than once for as long as his/her
continuous tenure shall not exceed six (6) years. Each member of the Board shall
take the proper oath prior to the assumption of office.

SEC 10. Compensation and Allowances of the Board. — The Chairman and
members of the Board shall receive compensation and allowances comparable to
that being received by the Chairman and members of existing regulatory boards
under the Commission as provided for in the General Appropriations Act.

SEC 11. Removal of Board Members. — The President of the Philippines, upon
recommendation of the Commission, may suspend or remove any member of the
Board for neglect of duty, incompetence, manipulation or rigging of the licensure
examination results, disclosure of secret information or the examination questions
prior to the conduct of the said examination, or tampering of the grades therein,
for unprofessional or unethical conduct, or for any final judgment or conviction of
any criminal offense by the Courts, after having given the member concerned an
opportunity to be heard and/or defend himself/herself in a proper administrative
investigation.

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SEC 12. Custodian of Board Records, Secretariat and Support Services. — All
records of the Board, including applications for examination, administrative cases
involving Professional Electronics Engineers, Electronics Engineers and
Electronics Technicians shall be kept by the Commission.

The Commission shall designate the Secretary of the Board and shall provide the
secretariat and other support services to implement the provisions of this Act.

ARTICLE III
EXAMINATION, REGISTRATION AND LICENSURE

SEC 13. Licensure Examination. — Except as otherwise specifically provided in


this Act, all applicants seeking to be registered and licensed as Electronics
Engineers and Electronics Technicians, shall undergo the required examinations
to be given by the Board in such places and dates as the Commission may
designate in accordance with the provisions of Republic Act No. 8981.

SEC 14. Qualifications for Examinations. — In order to be allowed to take the


examination for Electronics Engineer or Electronics Technician, an applicant must,
at the same time of the filing of his/her application, establish to the satisfaction of
the Board that:

(a) He/She is a citizen of the Philippines or of a foreign country qualified to take


the examination as provided for in SEC 33 of this Act;

(b) He/She is of good moral character and had not been convicted by a court of
law of a criminal offense involving moral turpitude;

(c) For the Electronics Engineering examinations, he/she is a holder of a degree of


Bachelor of Science in Electronics and Communications Engineering or Electronics
Engineering or, subject to compliance with minimum requirements to be
prescribed by the Board, such equivalent and/or related engineering course or
program from any school, institute, college, or university recognized by the
Government or the State where it is established, after completing a resident
collegiate course equivalent to that of a full baccalaureate degree;

(d) For the Electronics Technician examinations:

(1) is a graduate of an Associate, Technician, Trade or Vocational course in


electronics or, subject to the evaluation of the Board, such equivalent and/or
related formal or non-formal course or program from any school, college,
university or training institution recognized by the Government or the State
where it is established after completing a resident course or program of not less
than two (2) years, or

(2) has completed at least the minimum third-year equivalent of a Bachelor of


Science program in Electronics and Communications Engineering or Electronics

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Engineering program according to the CHED guidelines, or, subject to the


evaluation of the Board such equivalent and/or related engineering course or
program from any school, institute, college or university recognized by the
Government or State where it is established.

SEC 15. Scope of Examination for Electronics Engineers and Electronics


Technicians. — The examination for Electronics Engineers shall consist of written
tests which shall cover subjects prescribed by the Board but including at least the
following: Mathematics, Applied Sciences, Engineering Economics, Laws and
Ethics, Electronics, Communications, Computers, and Information and
Communications Technology.

The examination for Electronics Technician shall consist of written and/or


practical tests covering subjects to be prescribed by the Board and shall cover
subjects specific to the practice of Electronics Technicians.

As urgent and important need arises so as to conform to technological and


modern changes, the Board may re-cluster, rearrange, modify, add to or exclude
any subject and prescribe the number of final examination/s per year after
approval by the Commission. The PRC Board resolution thereon shall be officially
published in the Official Gazette or major daily newspapers of general circulation
and also circularized and disseminated to all colleges.

SEC 16. Ratings. — To pass the licensure examination, a candidate for Electronics
Engineer or Electronics Technician must obtain a passing rating of seventy percent
(70%) in each subject given during the examination: Provided, however, That a
candidate who obtains a passing rating in the majority of the subjects but obtains
a rating in the other subject/s below seventy percent (70%) but not lower than
sixty percent (60%), shall be allowed to take one removal examination on the
subjects where he/she failed to obtain the passing rating: Provided, finally, That
should the examinee fail to obtain a passing rating in the removal examination,
he/she shall be considered as having failed the entire licensure examination.

SEC 17. Release of the Results of Examination. — The Board and the Commission
shall correct and rate the licensure examination papers and shall release the
examination results within fifteen (15) days after the said examination.

SEC 18. Qualifications and Schedule of Registration for Professional Electronics


Engineer. — For application for registration as a Professional Electronics Engineer,
the following shall be required:

(a) Valid Certificate of Registration and Professional Identification Card as


Electronics Engineer;

(b) Valid/current membership identification card from the Accredited


Professional Organization;

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(c) Certified experience record of active self practice and/or employment either in
government service or in the private sector, in the format to be prescribed by the
Board, indicating the inclusive dates, companies worked for, description of
specific responsibilities, relevant accomplishments and name, position of
immediate supervisors for a period of at least seven (7) years (inclusive and/or
aggregate), at least two (2) years of which are in responsible charge of significant
engineering work, from the date applicant took his/her oath as an Electronics and
Communications Engineer or Electronics Engineer;

(d) Three (3) certifications signed by three (3) Professional Electronics Engineers
attesting that the experience record submitted by the applicant is factual.

Application for registration as Professional Electronics Engineer may be


submitted anytime to the Commission. The Board shall then schedule an en banc
oral interview of the applicant for the purpose of verifying, authenticating and
assessing the submittals and establishing the competency of the applicant
according to rules, regulations and competency standards to be formulated by the
Board: Provided, That those who have been registered and licensed as Electronics
and Communications Engineers under Republic Act No. 5734 for at least seven (7)
years upon the effectivity of this Act need only to submit items (a), (b), and (c)
above: Provided, further, That those who have been registered and licensed as
Electronics and Communications Engineers under Republic Act No. 5734 for less
than seven (7) years after the effectivity of this Act shall submit their certified
experience record and certifications from three (3) Professional Electronics
Engineers as in items (c) and (d) above, and submit to an en banc oral interview of
the Board for competency assessment, upon passing of which he can be registered
as a Professional Electronics Engineer.

SEC 19. Issuance of the Certificate of Registration and Professional


Identification Card. — A Certificate of Registration shall be issued to examinees
who pass the Electronics Engineer and Electronics Technician licensure
examination, to Electronics Engineers who are registered as Professional
Electronics Engineers and to Electronics Technicians who are registered without
examination, subject to payment of fees prescribed by the Commission. The
Certificate of Registration shall bear the signature of the Chairperson and
Members of the Board, stamped with the official seal of the Commission and the
Board, indicating that the person named therein is entitled to practice the
profession with all the privileges appurtenant thereto, subject to compliance with
all applicable requirements. The said certificate shall remain in full force and
effect until withdrawn, suspended or revoked in accordance with this Act.

A Professional Identification Card bearing the registration number, date of


registration, duly signed by the Chairperson of the Commission, shall likewise be
issued to every registrant who has paid the prescribed fee. This identification card
will serve as evidence that the holder thereof is duly registered with the
Commission.

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SEC 20. Registration without Examination for Electronics Technicians. — Within


five (5) years after the effectivity of this Act, the Board shall issue Certificates of
Registration and Professional Identification Cards without examination to
applicants for registration as Electronics Technicians who shall present evidence
or other proof satisfactory to the Board that:

(a) He/She is a graduate of at least two-year Associate, Technician, Trade or


Vocational course in Electronics as certified by the TESDA, or that he/she has
completed at least the minimum third-year equivalent of a Bachelor’s Degree of
Science in Electronics and Communications Engineering or Electronics
Engineering program according to the CHED guidelines, or, subject to the
evaluation of the Board, an equivalent and/or related formal or non-formal course
or program from any school, institute, college, university or training institution
recognized by the Government or the State where it is established, and

(b) He/She has rendered at least seven (7) years (inclusive or aggregate) of active
self-practice and/or employment either in the Government or private sector,
indicating therein his/her specific duties and responsibilities, relevant
accomplishments, the complete names and addresses of clients and companies or
persons worked for, as well as the names and positions of immediate superiors.

The above submittals shall be accompanied by a certification from at least three


(3) registered Professional Electronics Engineers vouching for the integrity,
technical capability and good moral character of the applicant.

SEC 21. Non-issuance of a Certificate of Registration and/or Professional


Identification Card for Certain Grounds. — The Board and/or the Commission
shall not register and shall not issue a Certificate of Registration and Professional
Identification Card to any person convicted by a court of competent jurisdiction of
any crime involving moral turpitude, to any person of immoral or dishonorable
conduct and to any person of unsound mind, furnishing the party concerned a
written statement containing the reasons for such action, which statement shall be
incorporated in the records of the Board.

SEC 22. Professional Oath. — All successful examines and all those who have
qualified for registration without examination shall be required to take a
professional oath before any member of the Board or any person authorized by
the Commission before he/she can be registered and issued a Certificate of
Registration and Professional Identification Card, and as a prerequisite to
practicing as a Professional Electronics Engineer, Electronics Engineer or
Electronics Technician.

SEC 23. Revocation and Suspension of Certificate of Registration, Professional


Identification Card and Cancellation of Special Permits. — The Board shall, upon
proper notice and hearing, revoke or suspend the validity of a Certificate of
Registration and accordingly the Professional Identification Card, or cancel a

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Special Permit granted under SEC 26 herein, for any of the causes mentioned in
the preceding SECs, or for unprofessional or unethical conduct, malpractice,
incompetence, or any violation of this Act and its implementing rules and
regulations, the Code of Ethics and the Code of Technical Standards of Practice, or
where fraud, deceit, or false statement was found to have been employed in
obtaining said Certificate of Registration, Professional Identification Card or
Special Permit.

SEC 24. Reinstatement, Re-issuance or Replacement of Certificate of Registration


and Professional Identification Card. — The Board may, two (2) years after the
revocation of a Certificate of Registration and Professional Identification Card,
upon application and for reasons deemed proper and sufficient, reinstate the
validity of a revoked Certificate of Registration and Professional Identification
Card, subject to compliance with the applicable requirements of the Commission,
and the Board: Provided, That he/she did not commit any illegal practice of the
profession or any violation of this Act, its rules, codes and policies during the time
that his/her Certificate of Registration and Professional Identification Card was
revoked.

A new Certificate of Registration or Professional Identification Card to replace


lost, destroyed, or mutilated certificate or registration card may be issued, subject
to the rules promulgated by the Board and the Commission, upon payment of the
required fees.

SEC 25. Roster of Professional Electronics Engineers, Electronics Engineers and


Electronics Technicians. — The Board shall prepare and maintain a roster of the
names, residence and/or office address of all registered Professional Electronics
Engineers, Electronics Engineers and Electronics Technicians, which shall be
updated annually in cooperation with the Accredited Professional Organization,
indicating therein the status of the Certificate of Registration, Professional
Identification Card and membership in the Accredited Professional Organization
of the professional, whether valid, inactive due to death or other reasons,
delinquent, suspended or revoked. The said roster shall be conspicuously posted
within the premises of the Commission and the information therefrom made
available to the public upon inquiry or request.

SEC 26. Exemptions from Examination and Registration. — No examination and


registration shall be required for foreign Professional Electronics Engineers,
Electronics Engineers or Electronics Technicians who are temporarily employed
by the Philippine Government or by private firms in the Philippines in the
following cases:

(a) Where no qualified equivalent Filipino professional is available for the specific
item of work to be rendered, as attested to by the Accredited Professional
Organization;

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(b) Where the conditions of the scope and funding for the work or project are such
that it stipulates the temporary employment of a foreign professional;

(c) As defined in the General Agreement on Trade in Services, the ASEAN and
APEC Engineer Registry programs and other similar international treaties,
agreements and/or covenants to which the Philippine Government is a signatory
and has ratified: Provided, however, That:

(1) The said foreign professional is legally qualified to practice his/her profession
in his/her own country in which the requirements for licensing and registration
are not lower than those specified in this Act;

(2) The work to be performed by said foreign professional shall be limited only to
the particular work or project for which he/she was specifically contracted;

(3) Prior to commencing the work, the foreign professional shall secure a Special
Permit from the Board, which shall be subject to the approval of the Commission:
Provided, That no working visa and/or permit shall be issued by concerned
government agencies unless such Special Permit has been granted first;

(4) The same foreign professional shall not engage in private practice on his/her
own account;

(5) For every foreign professional contracted for the work or project, at least two
(2) corresponding Filipino professionals who are registered under this Act shall be
employed as counterparts by the Philippine Government or the private firm
utilizing the services of such foreign professional for at least the same duration of
time as the foreigner’s tenure of work; and

(6) The Special Permit herein granted shall be valid only for a period of not more
than six (6) months and renewable every six (6) months thereafter subject to the
discretion of the Board and the approval of the Commission: Provided, That said
permit shall cease to be valid if the foreigner terminates his/her employment in
the work or project for which said permit was originally granted and thereafter
engages in an occupation that requires another Special Permit or registration
under this Act.

ARTICLE IV
PRACTICE OF PROFESSIONAL ELECTRONICS ENGINEERING,
ELECTRONICS ENGINEERING AND ELECTRONICS TECHNICIANS

SEC 27. Practice of the Profession. — No person shall offer himself/herself in the
Philippines as, or use the title “Professional Electronics Engineer”, “Electronics
Engineer” or “Electronics Technician”, as defined in this Act, or use any word,
letter figure, or sign whatsoever, tending to convey the impression that he/she is
a Professional Electronics Engineer, Electronics Engineer or Electronics

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Technician, or advertise that he/she is qualified to perform the work of a


Professional Electronics Engineer, Electronics Engineer or Electronics Technician,
without holding a valid Certificate of Registration and a valid Professional
Identification Card in accordance with this Act, except as provided under section
26 hereof.

SEC 28. Prohibitions and Limitations on the Practice of Electronics Engineering


and Electronics Technician Profession. — Unless otherwise prescribed by any
supervening law, the practice of electronics engineering and electronics technical
shall be a professional service, admission to which must be determined on the
basis of the individual’s personal qualifications. Hence, no firm, company,
partnership, association or corporation may be registered or licensed as such for
the practice of electronics engineering and electronics technician. However,
persons properly registered and licensed as Professional Electronics Engineers,
Electronics Engineers or Electronics Technicians may, among themselves or with
any other allied professionals, form a partnership or association or corporation
and collectively render services as such: Provided, That individual members of
such partnerships or associations or corporations shall be responsible for their
own respective acts.

SEC 29. Seal of the Professional Electronics Engineers. — All licensed


Professional Electronics Engineers shall obtain and use a seal of a design
prescribed by the Board bearing the registrant’s name, registration number and
title. Plans, drawings, permit applications, specifications, reports and other
technical documents prepared by and/or executed under the supervision of, and
issued by the Professional Electronics Engineer shall be stamped on every
sheet/page with said seal, indicating therein his/her current Professional Tax
Receipt (PTR) number, date/place of payment and current membership number
in the Accredited Professional Organization, when filed with government
authorities or when used professionally.

SEC 30. Code of Ethics and Code of Technical Standards of Practice. — The Board
shall adopt a Code of Ethics and the Code of Technical Standards of Practice for
Electronics Engineers and Electronics Technicians, which shall be promulgated by
the Accredited Professional Organization.

ARTICLE V
SUNDRY PROVISIONS

SEC 31. Continuing Professional Education (CPE) and/or Development Programs.


— All registered Professional Electronics Engineers, Electronics Engineers, and
Electronics Technicians, shall comply with pertinent rules and regulations already
prescribed by and/or as may be prescribed and promulgated by the Commission
and/or the Board, the Accredited Professional Organization and other
government agencies, pursuant to this Act and other relevant laws, international
treaties, agreements and/or covenants to which the Philippines is a signatory and

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has ratified, with respect to continuing professional education and/or


development and/or other similar/related programs.

SEC 32. Integrated and Accredited Professional Organization. — There shall be


one (1) integrated and Accredited Professional Organization of Professional
Electronics Engineers, Electronics Engineers and Electronics Technicians in the
country, which shall be registered with the Securities and Exchange Commission
as a non-stock, non-profit corporation and recognized by the Board, the
Commission and all government agencies as the one and only integrated and
accredited national organization for the said professionals. Every Professional
Electronics Engineer, Electronics Engineer and Electronics Technician, upon
registration with the Commission as such, shall ipso facto become a member of
this Accredited Professional Organization. Those who have been previously
registered by the Board but are not members of this Accredited Professional
Organization at the time of effectivity of this Act, shall be allowed to register as
members of this organization within three (3) years after the effectivity of this Act.
Membership in this Accredited Professional Organization shall not be a bar to
membership in other associations of the electronics engineering and electronics
technician professions.

The Accredited Professional Organization shall implement the continuing


professional education, accredit other organizations or entities to provide
continuing professional education, and/or development program promulgated by
the Board and/or the Commission, compliance with which shall be one of the
requisites for the maintenance of membership in good standing of the professional
in the Accredited Professional Organization. All members of good standing of this
Accredited Professional Organization shall be issued an annual membership card
indicating the membership number and validity period of the membership, which
shall be affixed to all plans, specifications and any document signed by the
member in the course of practice of his/her profession. Failure to maintain
membership in good standing in the Accredited Professional Organization shall
be a cause for listing of the individual as delinquent in the roster of professionals.

SEC 33. Foreign Reciprocity. — No foreigner shall be admitted for registration as


Professional Electronics Engineer, Electronics Engineer or Electronics Technician
with or without examination under this Act unless he/she proves in the manner
as provided by the Board that, by specific provisions of law, the country, state or
province of which he/she is a citizen, subject or national, or in accordance with
international treaties, agreements and/or covenants to which their country, state
or province is a signatory, admits Filipino citizens to practice as Professional
Electronics Engineer, Electronics Engineer or Electronics Technician after an
examination or registration process on terms of strict and absolute equality with
the citizens, subjects or nationals of said country, including the unconditional
recognition of professional licenses issued by the Board and/or the Commission
and prerequisite degrees/diplomas issued by institutions of learning duly
recognized by the government of the Philippines.

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SEC 34. Positions in Government Requiring the Services of Registered and


Licensed Professional Electronics Engineers, Electronics Engineers and
Electronics Technicians. — Within three (3) years from the effectivity of this Act,
all existing and proposed positions in the local and national government, whether
career, permanent, temporary or contractual and primarily requiring the services
of Professional Electronics Engineers, Electronics Engineers or Electronics
Technicians shall accordingly be filled only by registered and licensed
Professional Electronics Engineers, Electronics Engineers or Electronics
Technicians.

ARTICLE VI
PENAL PROVISIONS AND ASSISTANCE OF LAW
ENFORCEMENT AGENCIES

SEC 35. Penal Provision. — The following shall be punished by a fine of not less
than One hundred thousand pesos (P100,000.00) nor more than One million pesos
(P1,000,000.00), or by imprisonment of not less than six (6) months nor more than
six (6) years, or both, in the discretion of the court:

(a) Any person who shall give any false or fraudulent statement to the Board to
obtain a Certificate of Registration and/or Professional Identification Card as
Professional Electronics Engineer, Electronics Engineer or Electronics Technician;

(b) Any person who shall present or use as his/her own a Certificate of
Registration, Professional Identification Card, membership identification card in
the Accredited Professional Organization and/or seal issued to another and any
person who allows the use of his/her Certificate of Registration, Professional
Identification Card, membership card in the Accredited Professional Organization
and/or seal;

(c) Any person who shall present or use a revoked or suspended Certificate of
Registration as Professional Electronics Engineer, Electronics Engineer or
Electronics Technician;

(d) Any person who shall assume, use, advertise or otherwise practice as
Professional Electronics Engineer, Electronics Engineer or Electronics Technician,
or append to his/her name, any letter/s or words tending to convey the
impression that he/she is a registered Professional Electronics Engineer,
Electronics Engineer or Electronics Technician, when in fact he/she is not duly
registered with the Board as such;

(e) Any Professional Electronics Engineer, or any person on his/her behalf, who
shall stamp or seal any document with his/her seal as such after his/her
Certificate of Registration, Professional Identification Card and membership card
in the Accredited Professional Organization has been revoked or suspended or
after he/she has been suspended from practice or removed from the roster of

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Professional Electronics Engineers, Electronics Engineers or Electronics


Technicians;

(f) Any Professional Electronics Engineer who shall sign his/her name, affix
his/her seal, or use any other method of signature on plans, technical descriptions
or other documents prepared by or under the supervision of another Professional
Electronics Engineer, unless the same is prepared in such manner as to clearly
indicate the part of such work actually performed by the former;

(g) Any person, except the Professional Electronics Engineer or Electronics


Engineer in-charge, who shall sign for any electronics engineering work, or any
function of electronics engineering practice, not actually performed by him/her;

(h) Any person holding a Certificate of Registration and Professional


Identification Card as Professional Electronics Engineer, Electronics Engineer or
Electronics Technician who shall be involved in illegal wire-tapping, cloning,
hacking, cracking, piracy and/or other forms of unauthorized and malicious
electronic eavesdropping and/or the use of any electronic devices in violation of
the privacy of another or in disregard of the privilege of private communications
and/or safety to life, physical and/or intellectual property of others, or who shall
maintain an unlicensed and/or unregistered communications system or device;
and

(i) Any person who shall violate any provision of this Act or any rules,
regulations, the Code of Ethics and the Code of Technical Standards of Practice
promulgated under this Act.

SEC 36. Assistance of Law Enforcement and Other Government Agencies. — Any
law enforcement agency shall, upon call or request of the Board and/or the
Commission, render assistance in enforcing this Act including the Code of Ethics,
the Code of Technical Standards of Practice and the implementing rules and
regulations and measures promulgated hereunder, by prosecuting violators
thereof in accordance with law and the Rules of Court.

Any department, instrumentality, office, bureau, institution or agency of the


government including local governments, upon call or request from the Board
and/or the Commission, shall render such assistance as it may require, cooperate
and coordinate with it in carrying out, enforcing or implementing this Act, the
codes, policies, measures, programs or activities of the Board and/or the
Commission that it may undertake pursuant to the provisions of this Act.

ARTICLE VII
TRANSITORY PROVISIONS

SEC 37. Transitory Provision. — Upon effectivity of this Act, the incumbent
Board of Electronics and Communications Engineering shall complete all

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pending/unfinished works within a six (6)-month period, after which it shall


cease to exist. The President of the Philippines shall before then appoint the
Chairman and members of the first Board of Electronics Engineering in
accordance with sections 6 and 8 herein, who shall formulate and thereafter
promulgate the rules and regulations for the implementation of this Act.

SEC 38. Vested Rights: Electronics and Communications Engineers when this
Law is Passed. — Electronics and Communications Engineers holding a valid
Certificate of Registration and Professional Identification Card at the time of the
effectivity of this Act shall be automatically registered and recognized as
Electronics Engineers and shall be issued a new Certificate of Registration and
Professional Identification Card as Electronics Engineers with the same license
number as their original Electronics and Communications Engineer Certificate of
Registration, subject to the payment of prescribed fees and other requirements of
the Board and/or Commission.

ARTICLE VIII
FINAL PROVISION

SEC 39. Implementing Rules and Regulations. — Subject to the approval of the
Commission, the Board, in coordination with the accredited professional
organization, shall adopt and promulgate such rules, regulations, resolutions, the
Code of Ethics and the Code of Technical Standards of Practice for Professional
Electronics Engineers, Electronics Engineers and Electronics Technicians to carry
out the provisions of this Act, which shall be published in the Official Gazette or a
newspaper of general circulation and shall be effective fifteen (15) days after
publication therein.

SEC 40. Appropriations. — The Chairperson of the Professional Regulation


Commission shall include in the Commission’s program the implementation of
this Act, the funding of which shall be included in the annual General
Appropriations Act.

SEC 41. Separability Clause. — If any provision of this Act or any portion hereof
is declared unconstitutional by any competent court, the other provisions hereof
shall not be affected thereby.

SEC 42. Repealing Clause. — Republic Act No. 5734 is hereby repealed. All other
laws, executive orders, rules and regulations or parts thereof in conflict with the
provisions of this Act are hereby repealed or amended accordingly.

SEC 43. Effectivity. — This Act shall take effect fifteen (15) days following its full
publication in the Official Gazette or any newspaper of general circulation.

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Approved,

(Sgd.) JOSE DE
(Sgd.) FRANKLIN M. VENECIA JR.
DRILON Speaker of the House
President of the Senate of Representatives

This Act which is a consolidation of House Bill No. 5224 and Senate Bill No. 2683
was finally passed by the House of Representatives and the Senate on February 2,
2004.

(Sgd.) ROBERTO P.
(Sgd.) OSCAR G. NAZARENO
YABES Secretary General
Secretary of the Senate House of Representatives

Approved: APR 17 2004

(Sgd.) GLORIA MACAPAGAL-ARROYO


President of the Philippines

C. Civil Service Commission Guidelines

THE ADMINISTRATIVE CODE OF 1987


ON THE CIVIL SERVICE COMMISSION

BOOK V

TITLE I – CONSTITUTIONAL COMMISSION

SUBTITLE A – CIVIL SERVICE COMMISSION

Chapter I – General Provisions

SECTION 1. Declaration of Policy. — The State shall insure and promote the
Constitutional mandate that appointments in the Civil Service shall be made only
according to merit and fitness; that the Civil Service Commission, as the central
personnel agency of the Government, shall establish a career service, adopt measures
to promote morale, efficiency, integrity, responsiveness, and courtesy in the civil
service, strengthen the merit and rewards system, integrate all human resource
development programs for all levels and ranks, and institutionalize a management

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climate conducive to public accountability; that public office is a public trust and
public officers and employees must at all times be accountable to the people; and that
personnel functions shall be decentralized, delegating the people; and the personnel
functions shall be decentralized, delegating the corresponding authority to the
departments, offices and agencies where such functions can be effectively performed.

SEC. 2. Duties and Responsibilities of Public Officers and Employees. — Public


officers and employees shall have the duties, responsibilities, and accountability
provided in Chapter 9, Book I of this Code.

SEC. 3. Terms and Conditions of Employment. — The terms and conditions of


employment of all government employees, including those in government–owned or
controlled corporations with original charters, shall be fixed by law. The terms and
conditions of employment which are not fixed by law may be the subject of
negotiations of employment which are not fixed by law may be the subject of
negotiation between recognized employees’ organizations and appropriate
government authorities.

SEC. 4. Compensation. — The Congress shall provide for the standardization of


compensation of government officials and employees including those in government-
owned or controlled corporations with original charters, taking into account the
nature of the responsibilities pertaining to, and the qualifications required for the
position concerned.

SEC. 5. Definition of Terms. — As used in this title, the following shall be construed
thus:

(1) Agency means any bureau, office, commission, administration, board,


committee, institute, corporation with original charter, whether performing
governmental or proprietary function, or any other unit of the National
Government, as well as provincial, city, municipal government, except as
hereinafter otherwise provided.

(2) Appointing officer is the person or body authorized by law to make


appointments in the Philippine Civil Service.

(3) Class include all positions in the government service that are sufficiently
similar as to duties and responsibilities and require similar qualifications that
can be given the same title and salary and for all administrative and
compensation purposes, be treated alike.

(4) Commission refers to the Civil Service Commission.

(5) Chairman refers to the Chairman of the Commission.

(6) Commissioner refers to the either of the two other members of the Commission.

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(7) Department includes any of the executive departments or entities having the
category of a department including the judiciary, Commission on Elections and
Commission on Audit.

(8) Eligible refers to a person who obtains a passing grade in a civil service
examination or is granted a civil service eligibility and whose name is entered
in the register of eligibles.

(9) Examination refers to a civil service examination conducted by the Commission


and its regional offices or by other departments or agencies with the assistance
of the Commission, or in coordination or jointly with it, and those that it may
delegate to departments and agencies pursuant to this Title, or those that may
have been delegated by law.

(10) Form refers to the those prescribed by the Civil Service Commission.

Chapter 2 – Coverage of the Civil Service

SEC. 6. Scope of the Civil Service. — (1) The Civil Service embraces all branches,
subdivisions, instrumentalities, and agencies of the Government, including
government-owned or controlled corporations with original charters. (2) Positions in
the Civil Service shall be classified into career service and noncareer service.

SEC. 7. Career Service. — The Career Service shall be characterized by (1) entrance
based on merit and fitness to be determined as far as practicable by competitive
examination, or based on highly technical qualifications; (2) opportunity for
advancement to higher career positions; and (3) security of tenure.

The Career Service shall include:

(1) Open Career positions, appointment to which prior qualification in an


appropriate examination is required;

(2) Closed Career position which are scientific or highly technical in nature; these
include the faculty and academic staff of state colleges and universities, and
scientific and technical positions in scientific or research institutions which
shall establish and maintain their own merit systems;

(3) Positions in the Career Executive Service, namely, Undersecretary, Assistant


Secretary, Bureau Director, Assistant Bureau Director, Regional Director,
Assistant Regional Director, Chief of Department Service and other officers of
equivalent rank as may be identified by the Career Executive Service Board, all
of whom are appointed by the President;

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(4) Career officers other than those in the Career Executive Service, who are
appointed by the President, such as the Foreign Service Officers in the
Department of Foreign Affairs;

(5) Commission officers and enlisted men of the Armed Forces which shall
maintain a separate merit system;

(6) Personnel of government-owned or controlled corporations, whether


performing governmental or proprietary functions, who do not fall under the
non-career service; and

(7) Permanent laborer, whether skilled, semi-skilled, or unskilled.

SEC. 8. Classes of Positions in the Career Service. —


(1) Classes positions in the career service, appointment to which requires
examinations shall be grouped into three major levels as follows:

(a) The first level shall include clerical, trades, crafts, and custodial service
positions which involve non-professional or subprofessional work in a non-
supervisory or supervisory capacity requiring less than four years of
collegiate studies;

(b) The second level shall include professional, technical and scientific
positions which involve professional, technical or scientific work in a non-
supervisory or supervisory capacity requiring at least four years of college
work up to Division Chief level; and

(c) The third level shall cover positions in the Career Executive Service.

(2) Except as herein otherwise provided, entrance to the first two levels shall be
through competitive examinations, which shall be open to those inside and
outside the service who meet the minimum qualification requirements.
Entrance to a higher level does not require previous qualification in the lower
level. Entrance to the third level shall be prescribed by the Career Executive
Service Board.

(3) Within the same level, no civil service examination shall be required for
promotion to a higher position in one or more related occupational groups. A
candidate for promotion should, however, have previously passed the
examination for that level.

SEC. 9. Non-Career Service. — The Non-Career Service shall be characterized by (1)


entrance on bases other than those of the usual tests of merit and fitness utilized for
the career service; and (2) tenure which is limited to a period specified by law, or
which is coterminous with that of the appointing authority or subject to his pleasure,

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or which is limited to the duration of a particular project for which purpose


employment was made.

The Non-Career Service shall include:

(1) Elective officials and their personal or confidential staff;

(2) Secretaries and other officials of Cabinet rank who hold their positions at the
pleasure of the President and their personal or confidential staff(s);

(3) Chairman and members of commissions and boards with fixed terms of office
and their personal or confidential staff;

(4) Contractual personnel or those who employment in the government is in


accordance with a special contract to undertake a specific work or job, requiring
special or technical skills not available in the employing agency, to be
accomplished within a specific period, which in no case shall exceed one year,
and performs or accomplishes the specific work or job, under his own
responsibility with a minimum of direction and supervision form the hiring
agency; and

(5) Emergency and seasonal personnel.

Chapter 3 – Organization and Functions of the Civil Service Commission

SEC. 10. Composition. — The Commission shall be composed of a Chairman and two
Commissioners who shall be natural born citizens of the Philippines and, at the time
of their appointment, at least thirty-five years of age, with proven capacity for public
administration, and must have been candidates for any elective position in the
elections immediately preceding their appointment.

SEC. 11. Appointment of Chairman and Commissioners. — The Chairman and the
Commissioners shall be appointed by the President with the consent of the
Commission on Appointments for a term of seven years without reappointment. Of
the first appointed, the Chairman shall hold office for seven years, a Commissioner for
five years, and another Commissioner for three years, without reappointment.
Appointment to any vacancy shall be only for the unexpired term of the predecessor.
In no case shall any Member be appointed or designates in a temporary or acting
capacity.

SEC. 12. Powers and Functions. — The Commission shall have the following powers
and functions:
(1) Administer and enforce the constitutional and statutory provisions on the merit
system for all levels and ranks in the Civil Service;

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(2) Prescribe, amend and enforce rules and regulations for carrying into effect the
provisions of the Civil Service Law and other pertinent laws;

(3) Promulgate policies, standards and guidelines for the Civil Service and adopt
plans and programs to promote economical, efficient and effective personnel
administration in the government;

(4) Formulate policies and regulations for the administration, maintenance and
implementation of position classification and compensation and set standards
for the establishment, allocation and reallocation of pay scales, classes and
positions;

(5) Render opinions and rulings on all personnel and other Civil Service matters
which shall be binding on all heads of departments, offices and agencies and
which may be brought to the Supreme Court on certiorari;

(6) Appoint and discipline its officials and employees in accordance with law and
exercise control and supervision over the activities of the Commission;

(7) Control, supervise and coordinate Civil Service examinations. Any entity or
official in government may be called upon by the Commission to assist in the
preparation and conduct of said examinations including security, use of
buildings and facilities as well as personnel, and transportation of examination
materials which shall be exempt from inspection regulations;

(8) Prescribe all forms for Civil Service examinations, appointments, reports and
such other forms as may be required by laws, rules and regulations;

(9) Declare positions in the Civil Service as may properly be primarily confidential,
highly technical or policy determining;

(10) Formulate, administer and evaluate programs relative to the development and
retention of qualified and competent workforce in the public service;

(11) Hear and decide administrative cases instituted by or brought before it directly
or an appeal, including contested appointments, and review decision and
actions of its offices and the agencies attached to it. Officials and employees
who fail to comply with such decisions, orders, or rulings shall be liable for
contempt of the Commission. Its decisions, orders or rulings shall be final and
executory. Such decisions, orders, or rulings may be brought to the Supreme
Court or certiorari by the aggrieved party within thirty (3) days from receipt of
a copy thereof;

(12) Issued subpoena and subpoena duces tecum for the production of documents
and records pertinent to investigations and inquires conducted by it in
accordance with its authority conferred by the Constitution and pertinent laws;

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(13) Advise the President on all matters involving personnel management in the
government service and submit to the President an annual report on the
personnel programs;

(14) Take appropriate action on all appointments and other personnel matters in the
Civil Service including extension of Service beyond retirement age;

(15) Inspect and audit the personnel actions and programs of the departments,
agencies, bureaus, offices, local government units and other instrumentalities of
the government including government-owned or controlled corporations;
conduct periodic review of the decisions and actions of offices or officials to
whom authority has been delegated by the Commission as well as conduct of
the officials and the employees in these offices and apply appropriate sanctions
whenever necessary;

(16) Delegate authority for the performance of any function to departments,


agencies and offices where such functions may be effectively performed;

(17) Administer the retirement program for government officials and employees,
and accredit government services and evaluate qualifications for retirement;

(18) Keep and maintained personnel records of all officials and employees in the
Civil Service; and

(19) Perform all functions properly belonging to a central personnel agency and
such other functions as may be provided by law.

SEC. 13. Duties and Responsibilities of the Chairman. — Subject to policies and rules
adopted by the Commission, the Chairman shall:

(1) Direct all operations of the Commission;

(2) Establish procedures for the effective operation of the Commission;

(3) Transmit to the President rules and regulations, and other guidelines adopted
by the Chairman which require Presidential attention including annual and
other periodic reports;

(4) Issue appointments to, and enforce decisions on administrative discipline


involving officials and employees of the Commission;

(5) Delegate authority for the performance of any function to officials and
employees of the Commission;

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(6) Approve and submit the annual and supplemental budget of the Commission;
and

(7) Perform such other functions as may be provided by law.

SEC. 14. Membership of the Chairman in Boards. — The Chairman shall be a member
of the Board of Directors or of other governing bodies of government entities whose
functions affect the career development, employment status, rights, privileges, and
welfare of government officials and employees, such as the Government Service
Insurance System, Foreign Service Board, Foreign Trade Service Board, National
Board for Teachers, and such other similar boards ad may be created by law.

SEC. 15. Duties and Responsibilities of the Members of the Commission. — Jointly
with the Chairman, the two (2) Commissioners shall be responsible for the effective
exercise of the rule-making and adjudicative functions of the Commission. They shall
likewise perform such functions as may be delegated by the Commission. In case of
the absence of the Chairman owing to illness or other cause, the senior member shall
performance the functions of the Chairman.

SEC. 16. Offices of the Commission. — The Commission shall have the following
offices:

(1) The Office of the Executive Director headed by an Executive Director, with a
Deputy Executive Director, shall implement policies, standards, rules and
regulations promulgated by the Commission; coordinate the programs of the
offices of the Commission and render periodic reports on their operations, and
perform such other functions as may be assigned by the Commission.

(2) The Merit Systems Protection Board composed of a Chairman and two (2)
members shall have the following functions:

(a) Hear and decide on appeal administrative cases involving officials and
employees of the Civil Service. Its decision shall be final except those
involving dismissal or separation from the service which may be
appealed to the Commission;

(b) Hear and decide cases brought before it on appeal by officials and
employees who feel aggrieved by the determination of appointing
authorities involving personnel actions and violations of the merit
system. The decision of the Board shall be final except those involving
division chiefs or officials of higher ranks which may be appealed to the
Commission;

(c) Directly take cognizance of complaints affecting functions of the


Commission, those which are unacted upon by the agencies, and such

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other complaints which require direct action of the Board in the interest
of justice;

(d) Administer oaths, issue subpoena and subpoena duces tecum, take
testimony in any investigation or inquiry, punish for contempt in
accordance with the same procedures and penalties prescribed in the
Rules of Court; and

(e) Promulgate rules and regulations to carry out the functions of the Board
subject to the approval of the Commission.

(3) The Office for Legal Affairs shall provide the Chairman with legal advice and
assistance; render counselling services; undertake legal studies and researches;
prepare opinions and rulings in the interpretation and application of the Civil
Service law, rules and regulations; prosecute violations of such laws, rules and
regulations; and represent the Commission before any Court or tribunal.

(4) The Office for Planning and Management shall formulate development plans,
programs and projects; undertake research and studies on the different aspects
of public personnel management; administer management improvement
programs; and provide fiscal and budgetary services.

(5) The Central Administrative Office shall provide the Commission with
personnel, financial, logistics and other basic support services.
(6) The Office for Central Personnel Records shall formulate and implement
policies, standards, rules and regulations pertaining to personnel records
maintenance, security, control and disposal; provide storage and extension
services; and provide and maintain library services.

(7) The Office for Position Classification and Compensation shall formulate and
implement policies, standards, rules and regulations relative to the
administration of position classification and compensation.

(8) The Office for Recruitment, Examination and Placement shall provide
leadership and assistance in developing and implementing the overall
Commission programs relating to recruitment, examination and placement,
and formulate policies, standards, rules and regulations for the proper
implementation of the Commission examination and placement programs.

(9) The Office for Career Systems and Standards shall provide leadership and
assistance in the formulation and evaluation of personnel systems and
standards relative to performance appraisal, merit prometon, and employee
incentive benefits and awards.

(10) The Office for Human Resource Development shall provide leadership and
assistance in the development and retention of qualified and efficient

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workplace in the Civil Service; formulate standards for training and staff
development; administer service wide scholarship programs; develop training
literature and materials; coordinate and integrate all training activities and
evaluate training programs.

(11) The Office for Personnel Inspection and Audit shall develop policies,
standards, rules and regulations for the effective conduct or inspection and
audit of personnel and personnel management programs and the exercise of
delegated authority; provide technical and advisory services to Civil Service
Regional Offices and government agencies in the implementation of their
personnel programs and evaluation systems.

(12) The Office for Personnel Relations shall provide leadership and assistance in
the development and implementation of policies, standards, rules and
regulations in the accreditation of employee associations or organizations and
in the adjustment and settlement of employee grievances and management-
employee disputes.

(13) The Office for Corporate Affairs shall formulate and implement policies,
standards, rules and regulations governing corporate officials and employees
in the areas of recruitment, examination, placement, career development, merit
and awards systems, position classification and compensation, performance
appraisal, employee welfare and benefits, discipline and other aspects of
personnel management on the basis of comparable industry practices.

(14) The Office for Retirement Administration shall be responsible for the
enforcement of the constitutional and statutory provisions relative to
retirement and regulation for the effective implementation of the retirement of
government officials and employees.

(15) The Regional and Field Offices. — The Commission shall have not less than
thirteen (13) Regional offices each to be headed by a Director, and such field
offices as may be needed, each to be headed by an official with at least the rank
of an Assistant Director. Each Regional Office shall have the following
functions:

(a) Enforce Civil Service law and rules, policies, standards on personnel
management within their respective jurisdiction;

(b) Provide technical advice and assistance to government offices and


agencies regarding personnel administration; and

(c) Perform such other functions as may be delegated by the Commission.

SEC. 17. Organizational Structure. — Each office of the Commission shall be headed
by a Director with at least one (1) Assistant Director, and may have such divisions as

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are necessary to carry out their respective functions. As an independent constitutional


body, the Commission may effect changes in the organization as the need arises.

CHAPTER 4 – Interdepartment Relations

SEC. 18. Civil Service Assistance to Departments and Agencies. — Each Secretary or
head of office, agency, government-owned or controlled corporation with original
charter and local government shall be responsible for personnel administration in his
office which shall be in accordance with the provision relating to civil service
embodied in the Constitution, this Title and the rules, principles, standards,
guidelines and regulations established by the Commission. The Civil Service
Commission shall, whenever it deems it in the interest of the public service, organize
in each department, office, agency, government-owned or controlled corporation, and
provincial and city government a Civil Service Staff which shall be headed by an
officer of the Commission. The necessary staff personnel and office facilities and
equipment shall be provided by the department, government-owned or controlled
corporation or local government where the staff is established but the Commission
may augment these with its own. The staff shall serve as the principal liaison between
the Civil Service and the Department concerned and shall perform the following
specific functions and those functions which may hereafter be assigned to it by the
Commission:

(1) Provide technical assistance in all aspects of personnel management;

(2) Monitor and audit periodically the personnel practices and performance of
the Department or agency concerned as well as those of public officers and
employees thereat;

(3) Determine agency compliance with Civil Service Law and rules; and

(4) In the performance of these functions, the staff shall welcome and receive
from the public any suggestions, observations and complaints pertaining to
the conduct of public officers and employees.

In the performance of their functions, the units so organized shall avail of the
technical assistance and guidelines of the Civil Service Commission.

SEC. 19. Council of Personnel Officers. — There shall be a Council of Personnel


Officers to be composed of chief personnel officers of the different executive
departments and of agencies with the category of department that the Chairman of
the Commission shall select for membership. Except for its Executive Officer who
shall be designated by the Chairman from among the appropriate officials in the Civil
Service Commission, the Council is authorized to elect such other officers from among
its members and to fix its own rules or procedures concerning attendance at meetings,
approval of policy declaration, and other business matters. Provisions for necessary

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facilities and clerical assistance for the Council shall be made in the annual budget of
the Commission.

The Council shall have the following functions:

(1) Offer advice, upon request of the Secretary of a Department or the


Commission, in developing constructive policies, standards, procedures, and
programs as well as on matters relating to the improvement of personnel
methods and to the solution of personnel problems confronting the various
departments and agencies of the government;

(2) Promote among the departments and agencies, through study and
discussion, uniform and consistent interpretation and application of
personnel policies; and

(3) Serve as a clearing house of information and stimulate the use of methods of
personnel management that will contribute most to good government.

SEC. 20. Inspection and Audit. — The Commission, through its designated
representatives, shall conduct a periodic inspection and audit of the personnel
management program of each department, agency, province or city, in order to: (a)
determine compliance with the Civil Service law, rules and standards; (b) review
discharge of delegated authority; (c) make an adequate evaluation of the progress
made and problems encountered in the conduct of the merit system in the national
and local governments; (d) give advice and provide assistance in developing
constructive policies, standards and procedures, and (e) stimulate improvement in all
areas of personnel management.

Periodic inspection and audit will include an appraisal of personnel management


operations and activities relative to: (a) formulation and issuance of personnel policy;
(b) recruitment and selection of employees; (c) personnel action and employment
status; (d) career and employee development; (e) performance evaluation system; (f)
employee suggestions and incentive award; (g) employee relations and services; (h)
discipline; (i) personnel records and reporting; and (j) programs evaluation.

CHAPTER 5 – Personnel Policies and Standards

SEC. 21. Recruitment and Selection of Employees. —

(1) Opportunity for government employment shall be open to all qualified


citizens and positive efforts shall be exerted to attract the best qualified to
enter the service. Employees shall be selected on the basis of fitness to
perform the duties and assume the responsibilities of the positions.

(2) When a vacancy occurs in a position in the first level of the Career Service as
defined in Section 8, the employees in the department who occupy the next

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lower positions in the occupational group under which the vacant position is
classified, and in other functionally related occupational groups and who are
competent, qualified and with the appropriate civil service eligibility shall be
considered for promotion.

(3) When a vacancy occurs in a position in the second level of the Career Service
as defined in Section 8, the employees in the government service who
occupy the next lower positions in the occupational group under which the
vacant position is classified and in other functionally related occupational
groups and who are competent, qualified and with the appropriate civil
service eligibility shall be considered for promotion.

(4) For purposes of this Section, each department or agency shall evolve its own
screening process, which may include tests of fitness, in accordance with
standards and guidelines set by the Commission. Promotion boards shall be
formed to formulate criteria for evaluation, conduct tests or interviews, and
make systematic assessment of training experience.

(5) If the vacancy is not filled by promotion as provided herein the same shall be
filled by transfer of present employees in the government service, by
reinstatement, by re-employment of persons separated through reduction in
force, or by appointment of persons with the civil service eligibility
appropriate to the positions.

(6) A qualified next-in-rank employee shall have the right to appeal initially to
the Secretaries or heads of agencies or instrumentalities including
government-owned or controlled corporations with original charters, then to
the Merit System Protection Board, and finally to the Civil Service
Commission an appointment made in favor of another employee if the
appellant is not satisfied with the written special reason or reasons given by
the appointing authority for such appointment; Provided, however, that the
decision of the Civil Service Commission may be reviewed on certiorari only
by the Supreme Court within thirty (30) days from receipt of the decision of
the aggrieved party. For purposes of this Section, “qualified next-in-rank”
refers to an employee appointed on a permanent basis to a position
previously determined to be next in-rank and who meets the requirements
for appointment thereto as previously determined by the appointing
authority and approved by the Commission.

(7) Qualification in an appropriate examination shall be required for


appointment to positions in the first and second levels in the career service
in accordance with the Civil Service rules, except as otherwise provided in
this Title: Provided, That whenever there is a civil service eligible actually
available for appointment, no person who is not such an eligible shall be
appointed even in a temporary capacity to any vacant position in the career
service in the government or in any government-owned or controlled

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corporation with original charter, except when the immediate filling of the
vacancy is urgently required in the public interest, or when the vacancy is
not permanent, in which cases temporary appointments of non-eligible may
be made in the absence of eligible actually and immediately available.

(8) The appropriate examinations herein referred to shall be those given by the
Commission and the different agencies: Provided, however, That nothing
herein shall affect those eligibilities acquired prior to the effectivity of the
Civil Service Law: Provided, further, That a person with a civil service
eligibility acquired by successfully passing an examination shall be qualified
for a position requiring a lower eligibility if he possesses the other
requirements for appointment to such position.

SEC. 22. Qualification Standards. —

(1) A qualification standard expresses the minimum requirements for a class of


positions in terms of education, training and experience, civil service
eligibility, physical fitness, and other qualities required for successful
performance. The degree of qualifications of an officer or employee shall be
determined by the appointing authority on the basis of the qualification
standard for the particular position.

Qualification standards shall be used as basis for civil service examinations


for positions in the career service, as guides in appointment and other
personnel actions, in the adjudication of protested appointments, in
determining training needs, and as aid in the inspection and audit of the
agencies’ personnel work programs.

It shall be administered in such manner as to continually provide incentives


to officers and employees towards professional growth and foster the career
system in the government service.

(2) The establishment, administration and maintenance of qualification


standards shall be the responsibility of the department or agency, with the
assistance and approval of the Civil Service Commission and in consultation
with the Wage and Position Classification Office.

SEC. 23. Release of Examination Results. — The results of any particular civil service
examination held in a number of places on the same date shall be released
simultaneously.

SEC. 24. Register of Eligibles. — The names of the competitors who pass an
examination shall be entered in a register of eligibles arranged in the order of their
general ratings and containing such information as the Commission may deem
necessary.

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SEC. 25. Cultural Communities. — In line with the national policy to facilitate the
integration of the members of cultural communities and accelerate the development of
the areas occupied by them, the Commission shall give special civil service
examinations to qualify them for appointment in the civil service.

SEC. 26. Personnel Actions. — All appointments in the career service shall be made
only according to merit and fitness, to be determined as far as practicable by
competitive examinations. A non-eligible shall not be appointed to any position in the
civil service whenever there is a civil service eligible actually available for and ready
to accept appointment.

As used in this Title, any action denoting the movement or progress of personnel in
the civil service shall be known as personnel action. Such action shall include
appointment through certification, promotion, transfer, reinstatement, re-
employment, detail, reassignment, demotion, and separation. All personnel actions
shall be in accordance with such rules, standards, and regulations as may be
promulgated by the Commission.
(1) Appointment through certification. — An appointment through certification to
a position in the civil service, except as herein otherwise provided, shall be
issued to a person who has been selected from a list of qualified persons
certified by the Commission from an appropriate register of eligibles, and
who meets all the other requirements of the position.

All such persons must serve a probationary period of six months following
their original appointment and shall undergo a thorough character
investigation in order to acquire permanent civil service status. A
probationer may be dropped from the service for unsatisfactory conduct or
want of capacity any time before the expiration of the probationary period:
Provided, that such action is appealable to the Commission.

(2) Promotion. — A promotion is a movement from one position to another with


an increase in duties and responsibilities as authorized by law and usually
accompanied by an increase in pay. The movement may be from one
department or agency to another or from one organizational unit to another
in the same department or agency.

(3) Transfer. — A transfer is a movement from one position to another which is


of equivalent rank, level, or salary without break in service involving the
issuance of an appointment.

It shall not be considered disciplinary when made in the interest of public


service, in which case, the employee concerned shall be informed of the
reasons therefor. If the employee believes that there is no justification for the
transfer, he may appeal his case to the Commission.

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The transfer may be from one department or agency to another or from one
organizational unit to another in the same department or agency: Provided,
however, that any movement from the non-career service to the career
service shall not be considered a transfer.

(4) Reinstatement. — Any person who has been permanently appointed to a


position in the career service and who has, through no delinquency or
misconduct, been separated therefrom, may be reinstated to a position in the
same level for which he is qualified.

(5) Reemployment. — Names of persons who have been appointed permanently


to positions in the career service and who have been separated as a result of
reduction in force or reorganization, shall be entered in a list from which
selection for reemployment shall be made.

(6) Detail. — A detail is the movement of an employee from one agency to


another without the issuance of an appointment and shall be allowed, only
for a limited period in the case of employees occupying professional,
technical and scientific positions. If the employee believes that there is no
justification for the detail, he may appeal his case to the Commission.
Pending appeal, the decision to detail the employee shall be executory unless
otherwise ordered by the Commission.

(7) Reassignment. — An employee may be reassigned from one organizational


unit to another in the same agency: Provided, that such reassignment shall
not involve a reduction in rank, status or salary.

SEC. 27. Employment Status. — Appointment in the career service shall be permanent
or temporary.

(1) Permanent status. — A permanent appointment shall be issued to a person


who meets all the requirements for the positions to which he is being
appointed, including the appropriate eligibility prescribed, in accordance
with the provisions of law, rules and standards promulgated in pursuance
thereof.

(2) Temporary appointment. — In the absence of appropriate eligibles and it


becomes necessary in the public interest to fill a vacancy, a temporary
appointment shall be issued to a person who meets all the requirements for
the position to which he is being appointed except the appropriate civil
service eligibility: Provided, That such temporary appointment shall not
exceed twelve months, but the appointee may be replaced sooner if a
qualified civil service eligible becomes available.

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SEC. 28. Salary Increase or Adjustment. — Adjustments in salaries as a result of


increase in pay levels or upgrading of positions which do not involve a change in
qualification requirements shall not require new appointments except that copies of
the salary adjustment notices shall be submitted to the Commission for record
purposes.

SEC. 29. Reduction in Force. — Whenever it becomes necessary because of lack of


work or funds or due to a change in the scope or nature of an agency’s program, or as
a result of reorganization, to reduce the staff of any department or agency, those in the
same group or class of positions in one or more agencies within the particular
department or agency wherein the reduction is to be effected, shall be reasonably
compared in terms of relative fitness, efficiency and length of service, and those found
to be least qualified for the remaining positions shall be laid off.

SEC. 30. Career and Personnel Development. — The development and retention of a
competent and efficient work force in the public service is a primary concern of
government. It shall be the policy of the government that a continuing program of
career and personnel development be established for all government employees at all
levels. An integrated national plan for career and personnel development shall serve
as the basis for all career and personnel development activities in the government.

SEC. 31. Career and Personnel Development Plans. —Each department or agency
shall prepare a career and personnel development plan which shall be integrated into
a national plan by the Commission. Such career and personnel development plans
which shall include provisions on merit promotions, performance evaluation, in-
service training, including overseas and local scholarships and training grants, job
rotation, suggestions and incentive award systems, and such other provisions for
employees’ health, welfare, counseling, recreation and similar services.

SEC. 32. Merit Promotion Plans. — Each department or agency shall establish merit
promotion plans which shall be administered in accordance with the provisions of the
Civil Service law and the rules, regulations and standards to be promulgated by the
Commission. Such plans shall include provisions for a definite screening process,
which may include tests of fitness, in accordance with standards and guidelines set by
the Commission. Promotion Boards may be organized subject to criteria drawn by the
Commission.

SEC. 33. Performance Evaluation System. — There shall be established a performance


evaluation system, which shall be administered in accordance with rules, regulations
and standards, promulgated by the Commission for all officers and employees in the
career service. Such performance evaluation system shall be administered in such
manner as to continually foster the improvement of individual employee efficiency
and organizational effectiveness.

Each department or agency may, after consultation with the Commission, establish
and use one or more performance evaluation plans appropriate to the various groups

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of positions in the department or agency concerned. No performance evaluation shall


be given, or used as a basis for personnel action, except under an approved
performance evaluation plan: Provided, that each employee shall be informed
periodically by his supervisor of his performance evaluation.

SEC. 34. Responsibility for Training. — The Commission shall be responsible for the
coordination and integration of a continuing program of personnel development for
all government personnel in the first and second levels.

Central staff agencies and specialized institutes shall conduct continuing centralized
training for staff specialists from the different agencies. However, in those cases where
there is sufficient number of participants to warrant training at department or agency
or local government levels, such central staff agencies and specialized institutes shall
render the necessary assistance, and consultative services.

To avoid duplication of effort and overlapping of training functions, the following


functional responsibilities are assigned:

(1) Public and private colleges and universities and similar institutions shall be
encouraged to organize and carry out continuing programs of executive
development.

(2) The Commission, the Commission on Audit, the Department of Budget and
Management, the General Services Administration, and other central staff
agencies shall conduct centralized training and assist in the training program
of the Departments or agencies along their respective functional areas of
specialization.

(3) In coordination with the Commission, the Department of Local Government


and Community Development shall undertake local government training
programs.

(4) In coordination with the Commission, each department or agency, province


or city shall establish, maintain and promote a systematic plan of action for
personnel training at all levels in accordance with standards laid down by
the Commission. It shall maintain appropriate training staffs and make full
use of available training facilities.

Whenever it deems it necessary, the Commission shall take the initiative in


undertaking programs for personnel development.

SEC. 35. Employee Suggestions and incentive Award System. — There shall be
established a government-wide employee suggestions and incentive awards system
which shall be administered under such rules, regulations, and standards as may be
promulgated by the Commission.

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In accordance with rules, regulations, and standards promulgated by the


Commission, the President or the head of each department or agency is authorized to
incur whatever necessary expenses involved in the honorary recognition of
subordinate officers and employees of the government who by their suggestions,
inventions, superior accomplishment, and other personal efforts contribute to the
efficiency, economy, or other improvement of government operations, or who
perform such other extraordinary acts or services in the public interest in connection
with, or in relation to, their official employment

SEC. 36. Personnel Relations. —

(1) It shall be the concern of the Commission to provide leadership and


assistance in developing employee relations programs in the department or
agencies.

(2) Every Secretary or head of agency shall take all proper steps toward the
creation of an atmosphere conducive to good supervisor-employee relations
and the improvement of employee morale.

SEC. 37. Complaints and Grievances. — Employees shall have the right to present
their complaints or grievances to management and have them adjudicated as
expeditiously as possible in the best interest of the agency, the government as a whole,
and the employee concerned. Such complaint or grievances shall be resolved at the
lowest possible level in the department or agency, as the case may be, and the
employee shall have the right to appeal such decision to higher authorities.

Each department or agency shall promulgate rules and regulations governing


expeditious, fair and equitable adjustment of employees’ complaints or grievances in
accordance with the policies enunciated by the Commission.

In case any dispute remains unresolved after exhausting all the available remedies
under existing laws and procedures, the parties may jointly refer the dispute to the
Public Sector Labor Management Council constituted under section 46, for
appropriate action.

CHAPTER 6 – Right to Self-Organization

SEC. 38. Coverage. —

(1) All government employees, including those in government-owned or


controlled corporations with original charters, can form, join or assist
employees’ organizations of their own choosing for the furtherance and
protection of their interests. They can also form, in conjunction with
appropriate government authorities, labor-management committees, work
councils and other forms of workers’ participation schemes to achieve the
same objectives.

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(2) The provisions of this Chapter shall not apply to the members of the Armed
Forces of the Philippines, including police officers, policemen, firemen and
jail guards.

SEC. 39. Ineligibility of High-Level Employees to Join Rank-and File Employees’


Organization. — High-level employees whose functions are normally considered as
policy-making or managerial or whose duties are of highly confidential nature shall
not be eligible to join the organization of rank and-file government employees.

SEC. 40. Protection of the Right to Organize. —

(1) Government employees shall not be discriminated against in respect of their


employment by reason of their membership in employees’ organizations or
participation in the normal activities of their organizations. Their
employment shall not be subject to the condition that they shall not join or
shall relinquish their membership in the employees’ organizations.

(2) Government authorities shall not interfere in the establishment, functioning


or administration of government employees’ organizations through acts
designed to place such organizations under the control of government
authority.

SEC. 41. Registration of Employees’ Organization. — Government employees’


organizations shall register with the Civil Service Commission and the Department of
Labor and Employment. The application shall be filed with the Bureau of Labor
Relations of the Department which shall process the same in accordance with the
provisions of the Labor Code of the Philippines. Applications may also be filed with
the Regional Offices of the Department of Labor and Employment which shall
immediately transmit the said applications to the Bureau of Labor Relations within
three (3) days from receipt thereof.

SEC. 42. Certificate of Registration. — Upon approval of the application, a


registration certificate shall be issued to the organization recognizing it as a legitimate
employees’ organization with the right to represent its members and undertake
activities to further and defend its interests. The corresponding certificates of
registration shall be jointly approved by the Chairman of the Civil Service
Commission and the Secretary of Labor and Employment.

SEC. 43. Appropriate Organizational Unit. — The appropriate organizational unit


shall be the employer’s unit consisting of rank-and-file employees unless
circumstances otherwise require.

SEC. 44. Sole and Exclusive Employees’ Representatives. —

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(1) The duly registered employees’ organization having the support of the
majority of the employees in the appropriate organizational unit shall be
designated as the sole and exclusive representative of the employees.

(2) A duly registered employees’ organization shall be accorded voluntary


recognition upon a showing that no other employees’ organization is
registered or is seeking registration, based on the records of the Bureau of
Labor Relations, and that the said organization has the majority support of
the rank-and-file employees in the organizational unit.

(3) Where there are two or more duly registered employees’ organizations in the
appropriate organizational unit, the Bureau of Labor Relations shall, upon
petition, order the conduct of a certification election and shall certify the
winner as the exclusive representative of the rank-and file employees in said
organizational unit.

SEC 45. The Public Sector Labor-Management Council. — A Public Sector Labor-
Management Council is hereby constituted to be composed of the following: The
Chairman of the Civil Service Commission, as Chairman; the Secretary of Labor and
Employment, as Vice-Chairman; and the Secretary of Finance, the Secretary of Justice
and the Secretary of Budget and Management, as members.
The Council shall implement and administer the provisions of this Chapter. For this
purpose, the Council shall promulgate the necessary rules and regulations to
implement this Chapter.

CHAPTER 7 – Discipline

SEC. 46. Discipline: General Provisions. —

(a) No officer or employee in the Civil Service shall be suspended or dismissed


except for cause as provided by law and after due process.

(b) The following shall be grounds for disciplinary action:

(1) Dishonesty;

(2) Oppression;

(3) Neglect of duty;

(4) Misconduct;

(5) Disgraceful and immoral conduct;

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(6) Being notoriously undesirable;

(7) Discourtesy in the course of official duties;

(8) Inefficiency and incompetence in the performance of official duties;

(9) Receiving for personal use of a fee, gift or other valuable thing in the
course of official duties or in connection therewith when such fee, gift,
or other valuable thing is given by any person in the hope or
expectation of receiving a favor or better treatment than that accorded
other persons, or committing acts punishable under the anti-graft
laws;

(10) Conviction of a crime involving moral turpitude;

(11) Improper or unauthorized solicitation of contributions from


subordinate employees and by teachers or school officials from school
children;

(12) Violation of existing Civil Service Law and rules or reasonable office
regulations;

(13) Falsification of official document;

(14) Frequent unauthorized absences or tardiness in reporting for duty,


loafing or frequent unauthorized absences from duty during regular
office hours;
(15) Habitual drunkenness;

(16) Gambling prohibited by law;

(17) Refusal to perform official duty or render overtime service;

(18) Disgraceful, immoral or dishonest conduct prior to entering the


service;

(19) Physical or mental incapacity or disability due to immoral or vicious


habits;

(20) Borrowing money by superior officers from subordinates or lending


by subordinates to superior officers;

(21) Lending money at usurious rates of interest;

(22) Willful failure to pay just debts or willful failure to pay taxes due to
the government;

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(23) Contracting loans of money or other property from persons with


whom the office of the employee concerned has business relations;

(24) Pursuit of private business, vocation or profession without the


permission required by Civil Service rules and regulations;

(25) Insubordination;

(26) Engaging directly or indirectly in partisan political activities by one


holding a non-political office;

(27) Conduct prejudicial to the best interest of the service;

(28) Lobbying for personal interest or gain in legislative halls or offices


without authority;

(29) Promoting the sale of tickets in behalf of private enterprises that are
not intended for charitable or public welfare purposes and even in the
latter cases if there is no prior authority;

(30) Nepotism as defined in Section 60 of this Title.

(c) Except when initiated by the disciplining authority, no complaint against a


civil service official or employee shall be given due course unless the same is
in writing and subscribed and sworn to by the complainant.

(d) In meting out punishment, the same penalties shall be imposed for similar
offenses and only one penalty shall be imposed in each case. The disciplining
authority may impose the penalty of removal from the service, demotion in
rank, suspension for not more than one year without pay, fine in an amount
not exceeding six months’ salary, or reprimand.

SEC. 47. Disciplinary Jurisdiction. —

(1) The Commission shall decide upon appeal all administrative disciplinary
cases involving the imposition of a penalty of suspension for more than
thirty days, or fine in an amount exceeding thirty days’ salary, demotion in
rank or salary or transfer, removal or dismissal from office. A complaint may
be filed directly with the Commission by a private citizen against a
government official or employee in which case it may hear and decide the
case or it may deputize any department or agency or official or group of
officials to conduct the investigation. The results of the investigation shall be
submitted to the Commission with recommendation as to the penalty to be
imposed or other action to be taken.

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(2) The Secretaries and heads of agencies and instrumentalities, provinces, cities
and municipalities shall have jurisdiction to investigate and decide matters
involving disciplinary action against officers and employees under their
jurisdiction. Their decisions shall be final in case the penalty imposed is
suspension for not more than thirty days or fine in an amount not exceeding
thirty days’ salary. In case the decision rendered by a bureau or office head
is appealable to the Commission, the same may be initially appealed to the
department and finally to the Commission and pending appeal, the same
shall be executory except when the penalty is removal, in which case the
same shall be executory only after confirmation by the Secretary concerned.

(3) An investigation may be entrusted to regional director or similar officials


who shall make the necessary report and recommendation to the chief of
bureau or office or department within the period specified in Paragraph (4)
of the following Section.

(4) An appeal shall not stop the decision from being executory, and in case the
penalty is suspension or removal, the respondent shall be considered as
having been under preventive suspension during the pendency of the appeal
in the event he wins an appeal.

SEC. 48. Procedures in Administrative Cases Against Nonpresidential Appointees. –

(1) Administrative proceedings may be commenced against a subordinate


officer or employee by the Secretary or head of office of equivalent rank, or
head of local government, or chiefs of agencies, or regional directors, or
upon sworn, written complaint of any other person.

(2) In the case of a complaint filed by any other persons, the complainant shall
submit sworn statements covering his testimony and those of his witnesses
together with his documentary evidence. If on the basis of such papers a
prima facie case is found not to exist, the disciplining authority shall dismiss
the case. If a prima facie case exists, he shall notify the respondent in writing,
of the charges against the latter, to which shall be attached copies of the
complaint, sworn statements and other documents submitted, and the
respondent shall be allowed not less than seventy-two hours after receipt of
the complaint to answer the charges in writing under oath, together with
supporting sworn statements and documents, in which he shall indicate
whether or not he elects a formal investigation if his answer is not
considered satisfactory. If the answer is found satisfactory, the disciplining
authority shall dismiss the case.

(3) Although a respondent does not request a formal investigation, one shall
nevertheless be conducted when from the allegations of the complaint and
the answer of the respondent, including the supporting documents, the

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merits of the case cannot be decided judiciously without conducting such an


investigation.

(4) The investigation shall be held not earlier than five days nor later than ten
days from the date of receipt of respondent’s answer by the disciplining
authority, and shall be finished within thirty days from the filing of the
charges, unless the period is extended by the Commission in meritorious
cases. The decision shall be rendered by the disciplining authority within
thirty days from the termination of the investigation or submission of the
report of the investigator, which report shall be submitted within fifteen
days from the conclusion of the investigation.

(5) The direct evidence for the complainant and the respondent shall consist of
the sworn statement and documents submitted in support of the complaint
or answer, as the case may be, without prejudice to the presentation of
additional evidence deemed necessary but was unavailable at the time of the
filing of the complaint or answer, upon which the cross-examination, by
respondent and the complainant, respectively, shall be based. Following
cross-examination, there may be redirect and recross-examination.

(6) Either party may avail himself of the services of counsel and may require the
attendance of witnesses and the production of documentary evidence in his
favor through the compulsory process of subpoena or subpoena duces
tecum.

(7) The investigation shall be conducted only for the purpose of ascertaining the
truth and without necessarily adhering to technical rules applicable in
judicial proceedings. It shall be conducted by the disciplining authority
concerned or his authorized representative.

The phrase “any other party” shall be understood to be a complainant other than
those referred to in subsection (a) hereof.

SEC. 49. Appeals. —

(1) Appeals, where allowable, shall be made by the party adversely affected by
the decision within fifteen days from receipt of the decision unless a petition
for reconsideration is seasonably filed, which petition shall be decided
within fifteen days. Notice of the appeal shall be filed with the disciplining
office, which shall forward the records of the case, together with the notice of
appeal, to the appellate authority within fifteen days from filing of the notice
of appeal, with its comment, if any. The notice of appeal shall specifically
state the date of the decision appealed from and the date of receipt thereof. It
shall also specifically set forth clearly the grounds relied upon for excepting
from the decision.

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(2) A petition for reconsideration shall be based only on any of the following
grounds: (a) new evidence has been discovered which materially affects the
decision rendered; (b) the decision is not supported by the evidence on
record; or (c) errors of law or irregularities have been committed which are
prejudicial to the interest of the respondent: Provided, that only one petition
for reconsideration shall be entertained.

SEC. 50. Summary Proceedings. — No formal investigation is necessary and the


respondent may be immediately removed or dismissed if any of the following
circumstances is present:

(1) When the charge is serious and the evidence of guilt is strong;

(2) When the respondent is a recidivist or has been repeatedly charged and
there is reasonable ground to believe that he is guilty of the present charge;
and

(3) When the respondent is notoriously undesirable.

Resort to summary proceedings by the disciplining authority shall be done with


utmost objectivity and impartiality to the end that no injustice is committed: Provided,
That removal or dismissal except those by the President, himself or upon his order,
may be appealed to the Commission.

SEC. 51. Preventive Suspension. — The proper disciplining authority may


preventively suspend any subordinate officer or employee under his authority
pending an investigation, if the charge against such officer or employee involves
dishonesty, oppression or grave misconduct, or neglect in the performance of duty, or
if there are reasons to believe that the respondent is guilty of charges which would
warrant his removal from the service.

SEC. 52. Lifting of Preventive Suspension Pending Administrative Investigation. —


When the administrative case against the officer or employee under preventive
suspension is not finally decided by the disciplining authority within the period of
ninety (90) days after the date of suspension of the respondent who is not a
presidential appointee, the respondent shall be automatically reinstated in the service:
Provided, That when the delay in the disposition of the case is due to the fault,
negligence or petition of the respondent, the period of delay shall not be counted in
computing the period of suspension herein provided.

SEC. 53. Removal of Administrative Penalties or Disabilities. — In meritorious cases


and upon recommendation of the Commission, the President may commute or
remove administrative penalties or disabilities imposed upon officers or employees in
disciplinary cases, subject to such terms and conditions as he may impose in the
interest of the service.

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CHAPTER 8 – Prohibitions

SEC. 54. Limitation on Appointment. —

(1) No elective official shall be eligible for appointment or designation in any


capacity to any public office or position during his tenure.

(2) No candidate who has lost in any election shall, within one year after
election, be appointed to any office in the Government or any government-
owned or controlled corporations or in any of its subsidiaries.

(3) Unless otherwise allowed by law or by the primary functions of his position,
no appointive official shall hold any other office or employment in the
Government or any subdivision, agency or instrumentality thereof,
including government-owned or controlled corporations or their
subsidiaries.

SEC. 55. Political Activity. — No officer or employee in the Civil Service including
members of the Armed Forces, shall engage directly or indirectly in any partisan
political activity or take part in any election except to vote nor shall he use his official
authority or influence to coerce the political activity of any other person or body.
Nothing herein provided shall be understood to prevent any officer or employee from
expressing his views on current political problems or issues, or from mentioning the
names of candidates for public office whom he supports: Provided, That public
officers and employees holding political offices may take part in political and electoral
activities but it shall be unlawful for them to solicit contributions from their
subordinates or subject them to any of the acts involving subordinates prohibited in
the Election Code.

SEC. 56. Additional or Double Compensation. — No elective or appointive public


officer or employee shall receive additional or double compensation unless
specifically authorized by law nor accept without the consent of the President, any
present, emolument, office, or title of any kind from any foreign state.
Pensions and gratuities shall not be considered as additional, double or indirect
compensation.

SEC. 57. Limitations on Employment of Laborers. — Laborers, whether skilled, semi-


skilled or unskilled, shall not be assigned to perform clerical duties.

SEC. 58. Prohibition on Detail or Reassignment. — No detail or reassignment


whatever shall be made within three (3) months before any election.

SEC. 59. Nepotism. —

(1) All appointments in the national, provincial, city and municipal


governments or in any branch or instrumentality thereof, including

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government-owned or controlled corporations, made in favor of a relative of


the appointing or recommending authority, or of the chief of the bureau or
office, or of the persons exercising immediate supervision over him, are
hereby prohibited.

As used in this Section, the word “relative” and members of the family
referred to are those related within the third degree either of consanguinity
or of affinity.

(2) The following are exempted from the operation of the rules on nepotism: (a)
persons employed in a confidential capacity, (b) teachers, (c) physicians, and
(d) members of the Armed Forces of the Philippines: Provided, however,
That in each particular instance full report of such appointment shall be
made to the Commission.

The restriction mentioned in subsection (1) shall not be applicable to the case
of a member of any family who, after his or her appointment to any position
in an office or bureau, contracts marriage with someone in the same office or
bureau, in which event the employment or retention therein of both husband
and wife may be allowed.

(3) In order to give immediate effect to these provisions, cases of previous


appointments which are in contravention hereof shall be corrected by
transfer, and pending such transfer, no promotion or salary increase shall be
allowed in favor of the relative or relatives who were appointed in violation
of these provisions.
CHAPTER 9 – Leave of Absence

SEC. 60. Leave of Absence. — Officers and employees in the Civil Service shall be
entitled to leave of absence, with or without pay, as may be provided by law and the
rules and regulations of the Civil Service Commission in the interest of the service.

CHAPTER 10 – Miscellaneous Provisions

SEC. 61. Examining Committee, Special Examiners and Special Investigators. —


Subject to approval by the proper head of a department or agency, the Commission
may select suitable persons in the government service to act as members of examining
committees, special examiners or special investigators. Such person shall be
designated examiners or investigators of the Commission and shall perform such
duties as the Commission may require, and in the performance of such duties they
shall be under its exclusive control. Examining committees, special examiners or
special investigators so designated may be given allowances or per diems for their
services, to be paid out of the funds of, and at a rate to be determined by, the
Commission.

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SEC. 62. Fees. — The Commission shall collect and charge fees for civil service
examinations, certifications of civil service ratings, service records, and other civil
service matters, training courses, seminars, workshops in personnel management and
other civil service matters. For this purpose, the Commission shall prescribe standard
and reasonable rates for such examinations, certifications, training courses, seminars,
and workshops: Provided, that no examination fees shall be collected in examinations
given for the selection of scholars.

SEC. 63. Income. — The income of the Commission from fees, costs for services it may
assess and levy, and such other proceeds generated in the performance of its functions
shall be directly utilized by the Commission for its expenses.

SEC. 64. Authority of Officers to Administer Oaths, Take Testimony, Prosecute and
Defend Cases in Court. — Members of the Commission, chiefs of offices, and other
officers and employees of the Commission designated in writing by the Chairman
may administer such oath as may be necessary in the transactions of official business
and administer oaths and take testimony in connection with any authorized
investigation. Attorneys of the Commission may prosecute and defend cases in
connection with the functions of the Commission before any court or tribunal.

SEC. 65. Liability of Appointing Authority. — No person employed in the Civil


Service in violation of the Civil Service Law and rules shall be entitled to receive pay
from the government; but the appointing authority responsible for such unlawful
employment shall be personally liable for the pay that would have accrued had the
employment been lawful, and the disbursing officials shall make payment to the
employee of such amount from the salary of the officers so liable.

SEC. 66. Liability of Disbursing Officers. — Except as may otherwise be provided by


law, it shall be unlawful for a treasurer or other fiscal officer to draw or retain from
the salary due an officer or employee any amount for contribution or payment of
obligations other than those due the government or its instrumentalities.

SEC. 67. Penal Provision. — Whoever makes any appointment or employs any
person in violation of any provision of this Title or the rules made thereunder or
whoever commits fraud, deceit or intentional misrepresentation of material facts
concerning other civil service matters, or whoever violates, refuses or neglects to
comply with any of such provisions or rules, shall upon conviction be punished by a
fine not exceeding one thousand pesos or by imprisonment not exceeding six (6)
months, or both such fine and imprisonment in the discretion of the court.

Book I, Chapter 9 – General Principles Governing Public Officers


(Sections 32 to 39)
(page 34 of the The Revised Administrative Code of 1987 on the Civil Service Commission)

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CHAPTER 9 – General Principles Governing Public Officers

SEC. 32. Nature of Public Office. — Public office is a public trust. Public officers and
employees must at all times be accountable to the people, serve them with the utmost
responsibility, integrity, loyalty and efficiency, act with patriotism and justice, and
lead modest lives.

SEC. 33. Policy on Change of Citizenship. — Public officers and employees owe the
State and the Constitution allegiance at all times, and any public officer or employee
who seeks to change his citizenship or acquire the status of an immigrant of another
country during his tenure shall be dealt with by law.

SEC. 34. Declaration of Assets, Liabilities and Net Worth. — A public officer or
employee shall, upon assumption of office and as often thereafter as may be required
by law, submit a declaration under oath of his assets, liabilities, and net worth.

SEC. 35. Ethics in Government. — All public officers and employees shall be bound
by a Code of Ethics to be promulgated by the Civil Service Commission.

SEC. 36. Inhibition Against Purchase of Property at Tax Sale. — No officer or


employee of the government shall purchase directly or indirectly any property sold by
the government for the non-payment of any tax, fee or other public charge. Any such
purchase by an officer or employee shall be void.

SEC. 37. Powers Incidental to Taking of Testimony. — When authority to take


testimony or receive evidence is conferred upon any administrative officer or any
non-judicial person, committee, or other body, such authority shall include the power
to administer oaths, summon witnesses, and require the production of documents by
a subpoena duces tecum.

SEC. 38. Liability of Superior Officers. —

(1) A public officer shall not be civilly liable for acts done in the performance of
his official duties, unless there is a clear showing of bad faith, malice or gross
negligence.

(2) Any public officer who, without just cause, neglects to perform a duty
within a period fixed by law or regulation, or within a reasonable period if
none is fixed, shall be liable for damages to the private party concerned
without prejudice to such other liability as may be prescribed by law.

(3) A head of a department or a superior officer shall not be civilly liable for the
wrongful acts, omissions of duty, negligence, or misfeasance of his
subordinates, unless he has actually authorized by written order the specific
act or misconduct complained of.

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SEC. 39. Liability of Subordinate Officers. — No subordinate officer or employee


shall be civilly liable for acts done by him in good faith in the performance of his
duties. However, he shall be liable for willful or negligent acts done by him which are
contrary to law, morals, public policy and good customs even if he acted under orders
or instructions of his superiors.

Assessment of Learning

Quiz: Supply the needed information.

1. RA 9292 is a consolidation of what Senate and House Bill number?


2. What is the short title of RA 9292?
3. Who signed RA 5734?
4. When was RA 9292 approved?
5. What are the requirements in order to take the board examination for ECE?
6. What are the necessary requirements to become PECE?
7. What are the qualifications in order to take the board examination for ECE?
8. What does ECE stands for according to RA 9292?
9. What is the Accredited Professional Organization of Electronics Engineers?
10. What are the necessary documents to renew a PRC ID for ECE?

Assignment:

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 Differentiate RA 5734 and RA 9292. Check each and every section of RA 9292
and determine its equivalent section in RA 5734. Furthermore, list down the
differences of sections with common content between the two laws. Identify
sections which are new in RA 9292 and cannot be found in RA 5734.
 Make a summary of The Revised Administrative Code of 1987 on the Civil
Service Commission
 Memorize and recite the Pledge of ECE through an online platform.

2.3 References
 
 https://webcache.googleusercontent.com/search?q=cache:Q-
P4b45ON0kJ:https://kupdf.net/download/ra-
9292pdf_59b802bf08bbc5dd51894c5f_pdf+&cd=2&hl=en&ct=clnk&gl=ph
 https://laws.chanrobles.com/republicacts/58_republicacts.php?id=5738
 https://www.studyblue.com/notes/note/n/ece-pledge/deck/20496515#:~:text=In
%20my%20profession%2C%20I%20take,I%20am%20eager%20to%20fulfill.&text=As
%20an%20Electronics%20Engineer%2C%20I,utmost%20of%20performance%20and
%20fidelity.
 http://www.csc.gov.ph/phocadownload/GovtIssuances/eo_292.pdf

2.4 Acknowledgment
 
The information contained in this module were taken from the references
cited above. Moreover, these laws which can be found on many references have
been verified and confirmed to be true and complete through different legit sites
about laws. All ideas presented in this learning material were taken from trusted

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online sources.

C. M. D. Hamo-ay

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