Republic Act No.5734
THE ELECTRONICS AND COMMUNICATIONS ENGINEERING ACT OF THE
PHILIPPINES
Sixth Congress of the Republic of the Philippines Fourth Session
Begun and held in the City of Manila on Monday, the twenty
seventh day of January, nineteen hundred and sixty-nine.
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 a duly
registered electronics and communications engineer.
Section 3.
Registration - Certificates 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 necessary
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 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 specially 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-qualifications for Examination. - In order to be admitted to the
electronics and communications engineering examination, an applicant must, at
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.
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. Rating 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 he obtained a grade below seventy per cent. Should the examinee fail in
the set of subject repeated in the second examination, he shall be required to
take all the subjects in the next examination.
Section 9. Report of
Rules 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 engineer 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 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 of
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 provisions 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 prescribed, 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 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 person,
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.
IV. Appeal from Judgment. - 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 appointee 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 occuring 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.
Section 16. The
Executive Officer and the 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 suspect or remove any
member of the Board for continued neglect of duty, incompetence, commission or
tolerance or irregularities in the examination, malpractice, or unprofessional
or unethical conduct, after having given the member concerned an opportunity to
be heard and/or to 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.
(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 semi-conductors.
(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
act as legal adviser of the Board and 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 conditional 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 for 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 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
engineer 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.
Appropriations 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 provisions of this Act or any portion
thereof is declared unconstitutional by any competent court, the other
provisions thereof shall not be affected thereby.
Section 28.
Effectivity. - This Act shall take effect upon its approval.
SENATE:
GIL J. PUYAT - President of the Senate
ELISEO M. TENZA - Secretary of the Senate
HOUSE OF REPRESENTATIVES:
J.B. LAUREL, JR.- Speaker of the House of Representatives
INOCENCIO B. PAREJA - Secretary of the House of
Representatives
Finally passed by the Senate on May 22, 1969.
Approved:
FERDINAND E. MARCOS
President of the Philippines