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ECE Laws and Ethics

Laws
Rules of conduct, just, obligatory, laid
down by legitimate powers for common
observance and benefits

Sources of Laws Affecting


the ECE Profession
1. International Treaties,
Conventions and Congress
2. Enactments of Congress
3. Constitution of the
Philippines
4. Presidential Decrees,
Executive Orders and the
other Presidential
Issuances
5. Department Orders and
Circulars

Sources of Laws Affecting


the ECE Profession
6. Decision of the Courts
7. Decision of the NTC
8. Memorandum Circulars of
the NTC
9. Opinions of the Secretary
of
Justice

Executive Orders(EO)/
Presidential Decrees (PD)
Issued by the President of the
Philippines
a. EO 546
- Creation of the National
Telecommunications Commission .
- NTC shall be composed of 1
Commissioner and 2 Deputy
- Creation of the Ministry of
Transportation and Communication
b. EO 125
- Reorganization of MOTC
c. EO 125-A
- Creation of Department of
Transportation and Communication

d. EO 205
- Regulatory Operation of CATV Systems
in the Philippines.
- A certificate of authority to operate a
cable antenna television (CATV) system
shall be granted for maximum of 15 years
renewable for similar period.
- Station license for cable TV head end
station shall be issued for a period of at
least 1 year or not exceeding 3 years.
- A minimum of P1.5m capital
requirement for cable TV operation with
500 or more target subscribers on its first
year of operation.
e. EO 255, s.1987
- Policy Guidelines to govern the
operation of cable Television.
f. EO 255, s.1987
- The playing of at least 4 Filipino music
every clock hour of a program.

g. EO 59
- Interconnection of Public
Telecommunications Carriers Law
h. EO 109
- Local Exchange Carrier Service Law
- International Gateway Facility Operator
mandated to install 300,000 lines in three
years from 1995 to 1998.
i. EO 9
- Creation of the Y2K Commission
j. EO 266
- Continuing Professional Education (CPE)
- Refers to the inculcation, assimilation and
acquisition of knowledge, skills, proficiency,
and ethical and moral values to raise and
enhance the professional level of
performance.
k. PD 55
- The privacy of Communications and Illegal
Wire-Tapping and Eavesdropping Violation

l. PD 401
- Law of Unauthorized Telephone Connections
m. PD 217
- Establishing Basic Policies for the Telephone
Industry
- Limits the self-financing plan to 50%
maximum cost for the installed telephone line.
n. PD 223
- Creation of the Professional Regulations
Commission
p. PD 576-A
- Regulating the ownership and operation of
radio and TV stations and for other purposes
- No person or corporation may own, operate or
manage more than 1 radio or TV station in 1
municipality or city; nor more than 5 AM or 5
FM radio stations, no more than 5 TV channels
in the entire country, and no radio or TV station
shall be utilized by any single interest group to
disseminate information or otherwise influence
the public or the government to serve and
support the ends of such group

Department/Ministry
Orders
Issued by the DOTC Secretary
a. DO 5, s.1948
- Rules and Regulations Governing
Commercial Radio Operators
- Radio Operators Certificate (license)
shall have maximum period of 3 years
effectivity, renewable 30 days before
expiration
- Issued to at least 18 years of age
b. DO 7
- Rules and Regulations Governing Radio
Training
c. DO 6
- Rules and Regulations Governing Land
Mobile Radio Stations

d. DO 11
- general rules and regulations
governing the construction, installation
establishment or operation of radio
stations and the possession or
ownership, construction or manufacture,
purchase, sale and transfer of
transmitters or transceivers in the
Philippines

Permits being Issued by the


National Telecommunications
1. Commission
Permit to Possess
2.
3.
4.
5.
6.

Permit to Own
Permit to Transfer
Dealers Permit
Purchase Permit; 180 days maximum
period validity
Permit to import; 90 days maximum
period of validity

7.
8.
9.
10.
11.
12.
13.
14.
15.

Construction Permit; 30 days, 60


days, 90 days period of validity
Permit to sell
Permit to Purchase, Sell, Supply, or
Grind Transmitter Crystal
Dealers Permit or Manufacturers
Permit for Transmitter Crystal
Permit for Movement or Transport of
Communication Equipment
Permit to demonstrate/ propagate;
30 days maximum period of validity
Radio Communication equipment
dealer permit; 1 year maximum
period of validity
Radio Communication equipment
manufacture permit; 1 year
maximum validity
Radio Communication equipment
service center permit; 1 year
maximum period of validity

e. DO 88
- Rules and Regulations
Governing The Services of

Department Circulars/
NTC Memorandum
Circulars
a. NTC MC 9-7-98
- Implementing guidelines for the
issuance of Restricted Operators
Certificate for Low Powered Ship
b. NTC MC 7-08-85
- Implementing guidelines for the
issuance of restricted operators
certificate for land mobile station
- RLM Certificate issued for an at least 18
years old, do not requires examination
and maybe issued for maximum of 5
years renewable 30 days before
expiration.
c. NTC MC 14-89
- Government Radio Operator Certificate
d. NTC MC 11-8-92
- Radio Operators Certificate (License)
e. NTC MC 11-89
- ECE graduates to take Regular
Commercial Radiotelephone Operators
Exam

f. NTC MC 1-1-96
- General Operators Certificate
g. NTC MC 2-1-93
- Satellite Television Receive Only Station
(TVRO)
h. DOTC 93-273
- Domestic Satellite Communication Policy
i. DOTC DC 94-277
- International Satellite Communication
Policy
j. DOTC DC 98-01
- Global Mobile Personal Communications
by Satellite (GMPCS) Policy
k. NTC MC 8-6-96
- PHILCOMSAT as Additional Accounting
Authority
l. DC 92-296
- Cellular Mobile Telephone Systems Policy
m. NTC MC 9-10-97
- Public Mobile telephone Service
n. DOTC DC 91-260
- Guidelines for Rationalization of LEC
Services

o. NTC MC 3-2-2000
- Efficient Radio Frequency availability Program (ERAP)
p. NTC MC 5-3-2000
- Guidelines on Annual Testing of 406 MHZ Satellite
Emergency Positioning Indicating Radio Beacon
(EPIRB)
q. NTC 9-3-2000
- Radio Frequency Allocation for Cellular Mobile
Telephone Service
r. NTC MC 11-4-2000
- Amendment to age qualification of an applicant to
qualify for the Licensure Examination
s. NTC MC 14-7-2000
- Implementing Rules and Regulations (IRR) for the
interconnection of authorized Public
Telecommunications

Latest Memorandum Circulars


a. NTC MC No. 05-08-2005
- Voice over Internet Protocol (VOIP) as a value
added service
Voice Over Internet Protocol (VOIP) Service
- The provision of voice communication using
internet protocol (IP) technology, instead of
traditional circuit switched technology
Value Added Services (VAS)
- Refer to enhanced services beyond those
ordinarily provided for by local exchange and
inter exchange operators, and overseas carriers
through circuit switched networks.
Customer-Premises Equipment (CPE)
- Refers to equipment located in the premises of
a customer which is not part of but are
connected directly to the system or network of
the PTE
Enhanced Services
- Services that improve upon the quality and/or
functionality of services ordinarily offered by local
exchange and interexchange operators and
overseas carriers
Public Telecommunications Entity (PTE)
- refers to any person, firm, partnership or
corporation, government or private, engaged in
the provision of telecommunications services to
the public for compensation

b. NTC MC No. 06-08-2005


- Frequency Band Allocations
for Broadband Wireless
Access
- NTC re-allocates the
following bands for
broadband wireless access
for fixed, nomadic and
mobile networks:
450-470 MHZ
1900-1910 MHZ
1980-1990 MHZ
2400-2483 MHZ
2500-2700 MHZ
3400-3600 MHZ
5150-5350 MHZ
5470-5850 MHZ
10150-10650 MHZ
c. NTC MC No. 07-08-2005
- Rules and Regulations on
the Allocation and

- The following radio frequency bands


as identified by the International
Telecommunications Union (ITU) are
hereby re-allocated for the use of
International Mobile
Telecommunications (IMT2000) or 3G
mobile telecommunications in the
Philippines and shall form part of the
National Radio Frequency Allocation
Table (NRFAT), namely:
825-845 MHZ*
870-890 MHZ*
1880-1900 MHZ
1920-1980 MHZ
2110-2170 MHZ
2010-2025 MHZ
Note: * These frequencies are currently
assigned to existing CMTS
operators
- The above allocated frequency bands
shall
be made available for assignment to
more
than five (5) qualified public
telecommunications entities (PTE)

Board Resolution and Circulars


a. BECE Resolution No.3
- implementing rules and regulations governing the practice
of ECE in the Philippines on MATV, CATV and CCTV. Paging
and Background Music System, Telephone and Installation
b. BECE Circular No. 85-09
- Revision of the subjects in ECE Licensure Exams from 8
subjects to 3 subjects

Republic Acts/Acts
a. Act 3846
- Radio Control Law in the Philippines
- An act providing for the regulation of radio
stations and radio communications in the
Philippines
General Classification of Radio Stations Required of
Franchise
1. A Radio Transmitting Station for Commercial
Purposes

General Classifications of Radio Stations Not Required to


Franchise
1. Amateur Station
2. Experimental Station
3. Training Station
4. Mobile Radio Station
5. A Private Station in a place so out lying and so
remote
6. Broadcasting Stations established/ operating
on or before November 11,1931
7. Philippine Government Radio Station
8. Radio Stations in US Military Bases
9. Citizens Radio Station
10.Special Communications Services
. Franchise a right, privilege or power of a
public concern which ought not to be exercise
by a private individual at his will and pleasure
but should be preserved for public control of
administrations, either by the government
directly or by public interest under such
regulations or provision as the government
may impose in the public interest and for
public safety
. Certificate of Public Convenience and
Necessity (CPCN) a regulatory measure
which constitutes the franchisees authority to
commence operation issued by the NTC

Certificate of Public Convenience (CPN) Any


authorization to operate a public service issued by
the NTC for which no franchise either municipal or
legislative, is required
Radio Station License A certificate or written
authority issued by the NTC to a person, firm,
company, association or corporation authorizing the
whole or thereof to operate a radio station during a
period specified in the said instrument or
authorization
b. Act 3396
- Ship Radio Station Law
c. Act 3997 of 1932
- Radio Broadcasting Law
- Requires minimum of 6 hours daily of
governmental news, information and education
programs
- Penalty of P 25.00 up to P 200.00 for each offense
- Repeal Act 3338
- Further enhanced and updated by the KBP
standards with incumbent President Ruperto Nicdao
d. R.A 4200
- The Anti Wire-Tapping Law
e. R.A 6849
- Municipal Telephone Act of 1989
- Created the Municipal Telephone Project Office
(MTPO), with 10 years project lifespan

f. R.A 7925
- Public Telecommunications Policy Act of the
Philippines
- All telecommunications entities shall offer
though stock exchanges at least 30% of its
aggregate common stocks within 5 years from
the date of effectivity of this act.
g. R.A 8370
- Childrens Television Law
- Children was defined as well all persons below
18 years old
- Requires a minimum of 15% of the daily total
airtime for each broadcasting network shall be
allotted for child-friendly shows
h. R.A 7394
- The Consumers Act
i. R.A 8293
- The Electronics Commerce Act
j. R.A 8293
- Intellectual Property Code of the Philippines
- The Constitution recognizes and protects the
exclusive rights of scientists and inventors to
their discoveries and inventions, authors and
artists and other gifted citizens to their writings,
arts, and other intellectual property and
creations, in order that they may enjoy whatever
pecuniary benefits and reputation they may gain
from works of their creation particularly when
beneficial to people.

Intellectual Property
- Original creative works that have economic value
and are protected by Law. Intellectual property laws
reward the creators of original works by preventing
others from copying, performing, or distributing
those works without permission. They also provide
incentives for people to produce scientific and
creative works that benefit society at large.
Forms of Intellectual Property
a. Trademark
- any word or symbol used by manufacturers or
sellers to identify their goods and distinguish them
from the goods of others.
b. Patent
- a legal document granted by the government
giving an inventor the exclusive rights to make use,
and sell an invention for a specified number of years
(normally, 20 years)
c. Copyright
- branch of law granting authors the exclusive
privilege to reproduce, distribute, perform or display
their creative works
k. R.A 5734
- Electronics and Communications Engineering Law
of the Philippines
l. R.A 9292
- Electronics Engineering Law

Republic Act 5734

Republic Act 9292

Electronics and Communications


Engineering Law of the Philippines

Electronics Engineering Law of 2004

Enacted both by the Senate and the


House of Representatives on May 22,
1969

Enacted both by the Senate and the


House of Representatives on May 27,
2004

Approved into law by President


Ferdinand Edralin Marcos

Approved into law by President Gloria


Macapagal-Arroyo on April 17, 2004
Effectivity of the law is on May 27,
2004

Pre-qualifications for Board Exam

At least 21 years old

Filipino citizen or a
foreigner
qualified under section
23-Foreign
Reciprocity Law

Of Good Moral character

Holder of BSECE degree or


its
equivalent

Pre-qualifications for Board Exam

At least 18 years old

Filipino citizen or a
foreigner
qualified under section
33-Foreign
Reciprocity Law

Of Good Moral character

Holder of BSECE degree or


its
equivalent

Republic Act 5734


Qualifications of Board Members

Citizen/resident of the
Philippines

At least 31 years of age

Of good moral character

A registered ECE

In active practice of ECE


occupation
for at least 10 years

Not a member of ECE


faculty of a
school or has stopped
teaching for
at least three (3)
consecutive years

Not financially interested


directly or
indirectly in any
school/institution
where ECE is taught

Republic Act 9292


Qualifications of Board Members

Citizen/resident of the
Philippines
for at least five (5)
consecutive
years prior to his/her
appointment

Of good moral character


and
integrity

A member of good
standing of the
Accredited Professional
Organization

In active practice of ECE


occupation
for at least 10 years
prior to his
appointment, either In
selfpractice, or
employment in
government service

Republic Act 5734


Power and Duties of the Board
1. Administer the Provision of R.A
5734
2. Administer Oaths
3. Issue, suspend or revoke certificate
of
registration
4. Study the conditions affecting the
ECE
profession
5. Study, examine and prescribe , in
cooperation with CHED, the
essential
requirements as to the curricula
and
facilities of ECE schools
6. Recommends to CHED the granting
of
school permits or authorization of
opening
of ECE schools
7. Investigate violations of R.A 5734
8. Establish and administer a code of
ethics

Republic Act 9292


Power and Duties of the Board
1. Administer/Implement the provisions
of R.A 9292
2. Administer Oaths in connection with
the administration of this act
3. Issue, suspend, or revoke certificate
of registration
4. Maintain a roster of Professional
Electronics Engineers, Electronics
Engineers and Electronics Technician
5. Issue, suspend and/or cancel special
permits to foreign Professional
Electronics Engineers, Electronics
Engineers and Electronics Technician
6. Prescribe, amend, or revise the
requirements for licensing of
Professional Electronics Engineers
7. Adopt a program for the full
computerization of licensure exam
8. Grant registration without
examination, subject to review and
approval by the Commission in
accordance with the provisions of
this act

Republic Act 5734

Republic Act 9292


Power and Duties of the Board
9. Study, examine and recommend, in
coordination with CHED and TESDA
the essential requirements as to the
curricula and facilities of ECE
schools
10.Inspect educational institutions and
recommend to CHED and TESDA the
granting of permits or authorization,
opening, improvement or upgrading
o closure of such colleges or
programs
11.Adopt and administer a Code of
Ethics of Technical Standards of
Practice for Professional Electronics
Engineers, Electronics Engineers or
Electronics Technician
12.Promulgate Rules and Regulations of
R.A 9292
13.Promulgate a program for continuing
professional education and/or
development
14.Prescribe a minimum manning and
manpower requirements

Republic Act 5734

Republic Act 9292


Power and Duties of the Board
16.Study the conditions affecting the
Professional Electronics
Engineers, Electronics Engineers
and Electronics Technician
17.Hear and decide violations of this
Act
18.Delegate a hearing or
investigation of administration
cases filed before it to authorize
officers of the Commission
19.Promulgate resolution, order
and/or decisions on such
administrative cases
20.Submit an annual action plan and
corresponding report in the
beginning and close of each fiscal
year
21.Discharge as other powers and
functions as the Board and the
Commission may deem necessary
for practice of the profession and
the upgrading enhancement,

Republic Act 5734

Republic Act 9292

Removal of Board Members


1. Continued neglect of duty
2. Incompetence
3. Commission or tolerance of
irregularities in the exam
4. Malpractice
5. Unprofessional or unethical conduct

Removal of Board Members


1. Neglect of Duty
2. Incompetence
3. Manipulation or rigging of licensure
examination results
4. Disclosure of secret information of
licensure examination questions
prior to the conduct of the said
examination or tampering of the
grades
5. Unprofessional or unethical conduct

Suspension/Revocation of
Certificate of Registration
Ground/Causes
1. Unprofessional and unethical
conduct
2. Malpractice
3. Incompetence
4. Where fraud, deceit or false
statement was employed in
obtaining the certificate of
registration
5. Unsound Mind
6. Immoral or Dishonorable Act

Suspension/Revocation of
Certificate of Registration
Ground/Causes
1. Unprofessional and unethical
conduct
2. Malpractice
3. Incompetence
4. Where fraud, deceit or false
statement was employed in
obtaining the certificate of
registration
5. Unsound Mind
6. Immoral or Dishonorable Act

Republic Act 5734

Republic Act 9292

Penal Provisions

Penal Provisions

Penalties
P 2,000.00 <fine> P 5,000.00

Penalties
P 100,000.00 <fine> P 1,000,000.00 or
imprisonment of not less than six
months nor more than six years

Offenses
1. False or fraudulent statement
obtaining certificate of registration
2. Use of anothers license
3. Present or use a revoked/suspended
license
4. Assume, use or advertise as ECE
with no license
5. Stamp or seal any document with an
expired, suspended or revoked
certificate
6. Sign, affix, seal on plans or
document prepared by another
7. Engage in illegal private
communication
8. Violate any rules and regulation of
R.A 5734

Offenses
1. False or fraudulent statement
obtaining certificate of registration
2. Use of anothers license
3. Present or use a revoked/suspended
license
4. Assume, use or advertise as ECE
with no license
5. Stamp or seal any document with an
expired, suspended or revoked
certificate
6. Sign, affix, seal on plans or
document prepared by another
7. Engage in illegal private
communication
8. Violate any rules and regulation of
R.A 5734

Republic Act 5734

Republic Act 9292

Schedule of Examination

April

November

Schedule of Examination

April

November

Ratings in the Examination


Average >=70% with no rating <= 50%
Breakdown:
Mathematics
30%
Electronics
35%
Communications
35%

Ratings in the Examination


70% in all subjects
For an examinee who obtains a passing
rating in the majority of the subjects
but obtains a rating in the other
subject/s below 70% but not lower
than 60% shall be allowed to take
one removal examination on the
subjects failed

Results of Examination
2 to 3 days after the exam

Results of Examination
15 days after the exam

Roster of ECEs
Showing the names, addresses and
places of businesses of all ECEs
shall be prepared by the secretary of
the board
Issued every July every year

Roster of ECEs
Showing the names, addresses and
places of businesses of all ECEs
shall be prepared by the secretary of
the board
Issued every July every year

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