Guidelines on the ECE Act of the Philippines RA5734
Civil Service Commission
RULES
AND REGULATIONS GOVERNING
THE
EXAMINATION, REGISTRATION AND PRACTICE OF
ELECTRONICS AND COMMUNICATION ENGINEERING
IN
THE PHILIPPINES
Preliminary Article
Pursuant to the provisions of Section 13 of R.A. 5734,
otherwise known as “The Electronics and Communications Engineering Ad of the
Philippines” the following rules and regulations are hereby promulgated:
Article I -
DEFINITIONS
SECTION 1. TERMS DEFINED:
a. Board - The Board of Examiners for Electronics &
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. Telecommunications - Any transmission, emission or
reception of signs, signals, writings, images and/or sounds or intelligence of
any nature by wire, radio, visual, electronic or other electromagnetic means
d. Electronics - The science dealing with the development
and application of devices and systems involving the flow of electrons in vacuum,
in gaseous media, in plasma and/ or in semi-conductors. (It is noted that the
term “electrical” is usually applied to devices where the stream of electrons
flow entirely in metallic conductors whereas the term “electronic” is reserved
for devices in which the electrons are controlled as they move in or through a
vacuum, gaseous, medium/media, plasma and/ or semi-conductor’s.)
e. Computer - An electronic “device capable of accepting,
processing & supplying data under the control of an internally stored
program which it has the ability to modify.”
f. Engineering Practice - Any work or activity relating to
the application of the electronics and/or communications engineering science
and/or technology to the investigation, planning, design. specification,
provision/procurement, manufacture, production and construction/installation of
electronics and/or communications
component/s, device/s, or system/s and their control/ measurements; It also
includes the administration and/or supervision of such investigation, planning,
design, manufacture, production, and construction/installation and, as well, of
the development, provision/procurement, control/measurement, operation and/or
maintenance of communication/electronic devices or Systems especially those
involving performance of non-routine
engineering calculations, consideration of economic and social factor in
arriving at decisions and/or provisions of unbiased advice to client or
employer, similarly included are those teaching and training activities which develop
the ability to use engineering fundamentals and also related advance knowledge
in the design, planning, investigation, manufacture/ production, construction/
installation, administration/ supervision, development and control/ measurement
of electronics and communications engineering works (as distinguished from the
ability to use the knowledge of calculation methods or operating and/or
maintenance procedures).
g. Electronics and Communications Engineer - A person who is
qualified to hold himself out and to practice as an electronics and
communications engineer under the purview of R. A 5734 and to affix to his name
the letters E.C.E.”.
h. Act - RA No.5734,
also known as the “Electronics and Communications Law of the Philippines”
i. Communications and / or electronics terms and phrases
whose definitions are not included in this section shall be understood to
convey the meaning given to them laws,
rules and regulations on telecommunications and / or electronics of the
Philippine Government. Where no definition has been supplied by this section
and by existing Philippine laws, rules and regulations but where such terms
phrases have been defined by international bodies adhered to by the Philippine
government, then such international definitions shall apply.
SECTION 2. NATURE AND SCOPE OF ELECTRONICS AND
COMMUNICATIONS ENGINEERING:
The electronics and communications engineering profession
embraces and Consists of:
a. Basic investigation and research leading to or resulting
in the design or manufacture/ production or development or control/measurement
of new or improved communications and/or electronics components, devices, techniques and/or procedures.
b. Design, planning and specification of the construction,
installation, provision/procurement, and/or manufacture/ production of
electronics and/or communications equipment and/or system and also, of the
implementation of new or changed electronics/communications applications,
developments, operations or processes inclusive of the control/measurement of
all of these, particularly where these involve non-routine engineering
calculations, consideration of economic and social factors and/or provision of
professional advice to client or employer.
c. Teaching of electronics and/or communications engineering
fundamentals and/or the related advance knowledge thereof and training in the
pertinent applications of said fundamental and/or advance knowledge to the
investigation, planning, design development, manufacture/production,
control/measurement, implementation and/or administration/supervision of
communication and/or electronics components, devices, systems, operations,
processes or services and particularly where such teaching and training are of
collegiate level and lead to a BS degree.
d. Administration, management and/or supervision of the
activities in A, B, or C of this section or of the operation and/or maintenance
of electronics and/or telecommunications devices/ equipment and/or system/
network and/or services.
ARTICLE
II-EXAMINATION AND REGISTRATION
SECTION 1. Place
and Date of Examination
The examination for registration of those qualified to take
the examination for the practice of electronics and communications engineering
ii, the Philippines shall be held in the City of Manila or its suburbs and/or
in such other places, as the Board may deem necessary and fit within the first
week and beginning on the first Monday of the months of February and August of
each year. Applicants for examination shall be notified in writing of the dates
and place/s of examination.
SECTION 2. Filling
of Examination
a. Applications shall be made in the prescribed form with
all the required documents attached therewith and no application made otherwise
shall be accepted. All questions and/or. requirements in the prescribed form
shall be answered in full and/or fully complied with. Applications shall be
filed together with the required fees with the Secretary of the Board thirty
(30) working days prior to the first day of examination but in no case later
than ten (10) days before the examination’s start.
b. By the filing of the application, the candidate agrees to
observe strictly the requirements prescribed in these Rules and Regulations.
c. The Secretary or his representatives shall screen the
applications to determine whether or not the requirements for admission to the
examination have been complied with.
SECTION 3.
Applicant’s Photograph
Each applicant shall submit with his application, for
identification purposes. three (3) copies of his latest bust photograph,
2x2-I/2 inches in size, taken not more than thirty (30) days prior to
submittal.
SECTION 4. Approval
or Disapproval
At least two (2) members of the Board shall examine each
application, together with all the supporting of the papers and shall inform
the applicant of the approval or disapproval of his application. A disapproved
application shall be returned to the applicant for the necessary correction/
rectification or with statement as to the reasons for such disapproval.
SECTION 5. Fees for Examination and Registration.
a. Each application for examination P45.00
b. Each registration
P10.00
c. Duplicate certificate of registration P10.00
To replace any certificate lost, destroyed or mutilated may
be issued upon petition under oath explaining therein the circumstances leading
to the loss of the original certificate.
SECTION 6. Scope of
Examination
The examination for certificate of registration for the
practice of Electronics and Communications Engineering, as provided for in Sec.
7 of R.A. 5734, shall consists of written tests on subjects as the Board may
prescribe from time to time
The subjects to be covered and included in the examination
until I unless otherwise revised by the Board are shown with their
corresponding weights and definitions/descriptions in Appendix A which is part
and parcel of these rules and regulations.
SECTION 7. Ratings
in the Examination
To pass the examination, a candidate must obtain a general
average of, at least, seventy percent, with no rating below fifty percent in
any subject; provided that, an applicant who failed to obtain a passing
average, but obtain at least seventy percent in at least one-half of the total
subject given in the examination may, upon proper application and payment of
the relevant fees be permitted to take within two years from the date of his
last examination, another examination only on the subjects he had previously
failed. Should the examinee fail in said set of subjects repeated in the second
examination, he shall be required to take all the subjects in his next
examination.
SECTION
8. Pre-Qualifications for Examination
At the time of filing his application, the applicant must
establish to the satisfaction of the Board that
a.
He is at least twenty-one (21) years of age,
b.
He is a citizen of the of the Philippines or of a foreign
country qualified to take the examination under Sec. 23 of R.A. 5734,
c.
He is of good moral character
d.
He is holder of B.S. in Electronics Engineering or such
equivalent engineering course from any school, institute college or university
recognized by the Government or State where it is established, after completing
a collegiate course of not less than four (4) years,
e.
Provided however that within three (3) years after the
approval of R.A. 5734. any holder of a certificate of Associate in Electronics
and Communications engineering or any allied engineering course or any holder
of a valid first class radio telegraphy or radio telephony commercial operator
license with at least five years active practice in electronics, communication
or allied field, shall be qualified to take the electronics and communications
engineering examinations. The three (3) years period herein mentioned expires
after 21 June 1972.
f.
The applicant concerned in (e.) immediately above shall, in
addition, present proof satisfactory to the Board that he has a specific record
of a least five (5) years active practice in electronics, telecommunications or
allied fields.
SECTION. 9 Conduct
before, during and after the examinations
A. Candidates shall be allowed to bring into the examination
room any handbook, textbook, slide rule, protractor, and/or other
material/instrument only when so allowed in the subject in which they shall be
examined.
B. Candidates are prohibited from communicating with each
other by means of words, signs, gestures, codes, or other acts which may enable
them to exchange or impart/acquire information.
C. It is strictly prohibited for the candidate to
communicate directly or indirectly concerning the examination with any member
of the Board after the examination and before the publication of the results.
D. Whatever complaint or information regarding the
examination shall be addressed officially to the executive officer of the
Board.
E. Any candidate violating the provisions of this section
shall be summarily expelled from the place of examination and/or his paper
canceled, upon further investigation, the examinations at the discretion of the
Board of Examiners.
SECTION 10. Report
of Results of Examinations
Within ninety (90) days after examination, the Board shall
report the result thereof to the Commissioner of Civil Service. who shall act
thereon within thirty (30) days from receipt thereof.
SECTION 11.
Issuance of Certificate of Registration
A. A certificate of registration as Electronics and
Communications Engineer for Electronics Communications Engineering practice in
the Philippines shall be issued to any applicant who passes the examination
herein stipulated upon payment of the required fees.
B. Provided, however, that the first Board may issue within
a period not exceeding two (2) 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, shall present evidence or other
proof satisfactory to the Board of the following:
a.
Applicant has a specific record of at least ten (10) years
of active practice in electronics and/or communications engineering.
b.
He is of a responsible character and can be and had been
trusted to perform/practice or render professional electronics and/or
communicating engineering as defined herein.
c.
He is a bona fide member of any officially registered
association of electronics and communications engineers in the Philippines
The two (2) year period herein mentioned expires after 22
December 1972.
C. Further to (B.) immediately above
a.
The applicant shall submit the original and three (3) photostat
copies thereof of any and all engineering experience or practice records or
proof together with his application for the Board’s review and verification.
b.
No engineering experience or practice rendered prior to the
age of eighteen (18) years shall be included or given any value in the Board’s
consideration of any application for registration without examination.
c.
In respect to (b)
immediately above, the applicant shall submit two (2) vouchers of; or in the prescribed form duly
and separately accomplished by two (2) practicing engineers.
d.
Every applicant for registration without examination shall
pay a fee of Fifty Five pesos.
D. Every certificate of registration issued 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.
E. The official seal of the Board, a likeness of which is
herein shown, shall be circular in shape with a maximum outside diameter of
1-7/8 inches. Along the circumference of the seal and equally spaced from one
to another and positioned at the four cardinal points of the compass (north,
south, east and west) are four lightning symbols signifying radio or wireless
emissions. In between the lightning symbols, also along the circumference, are
alternate, dots and dashes signifying signal or current/voltage pulses commonly
encountered in various telecommunications and electronic applications
operations.
The
other symbol appearing in the seal is that of an atom. The atom symbol is
located just above the center of the seal. The atom has two electrons in orbit
around its nucleus. The two electron orbits denote the distinctive fields of electronics and communications while
the nucleus symbolizes Engineering in general. In the
upper quadrant, along and inside the circumference are the words Electronics
and Communications” In the lower
quadrant, correspondingly, are the words “Board of Examiners” And immediately
above it, the words “Philippines”.
F. Oath-taking and Pledge - issuance of the certificate of
registration shall be done in conjunction with the oath-taking and accomplishment by the engineer recipient
of the “Pledge of the Electronics and Communications Engineer” (Sec Appendix B)
in appropriate simple and solemn ceremonies.
G. 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.
Article
III. PRACTICE OF ELECTRONICS & COMMUNICATIONS ENGINEERING
S£CTION 1. Nature
& Scope
Of the practice shall be as the pertinent definitions set
forth in Article I hereof and the practice shall be, in accordance with the provisions
of this Article and with the Code set. forth in Article IV hereof
SECTION 2.
Prohibitions & Limitations
a. No person shall practice or 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/or communications engineer without holding a valid certificate
or registra6on as electronics & communications engineer issued by the board
in accordance with R.A. 5734 and these rules and regulations.
b. It shall be unlawful for any firm, company or corporation
to practice or offer itself to the public as electronics and/or communications
engineer without the certification, supervision and/or guidance of a duly
registered electronics and communications engineer as contemplated by and
embodied in R.A. 5734 and these rules and regulations.
c. Permanent Residence Required - No person shall be allowed
to practice the electronics and communications engineering in the Philippines
unless he is a permanent resident therein for at least three (3) years. (Sec. I
Republic Act No 5181)
SECTION 3. Foreign Reciprocity
a. No foreigner shall be admitted to an examination for
registration as electronics and communications engineer unless he proves that,
by specific provisions of law, the country, state or province of which he is
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 degree issued
by institutions of learning duly recognized by the government of the
Philippines. (Sec. 23, Republic Act No. 5734)
b. Evidence on Reciprocity- The laws of a foreign country
must be proved by any of the means specified in Sections 41 and 42, Rule 123
(now sections 25 and 26, Rule 132) of the Rules of the Court or if this is not
practicable , by an official and properly authenticated opinion of the Attorney
General or head of the Department of Justice of the foreign country or an
official statement of the ambassador or minister of the country addressed to
the proper authorities containing an exposition of the laws upon which the
opinion or statement is based. (See Opinion dated July 17, 1968; No. 197,
s.1959; No. 101, 5. 1951) (Opinion dated Oct 1, 1970)
SECTION 4. Seal of
the Registered Electronics & Communications Engineer
a. The official dry seal, a likeness of which is shown
herein, authorized and stipulated for use in the practice of a duly registered
electronics and communications engineer shall be circular in shape with a
maximum outside diameter of 1 and 7/8 inches. Four lightning symbols signifying
radio or wireless emissions are positioned one each at the four cardinal points
of the compass (north, south, east and west) and along the circumference of the
seal. Filling up the spaces between the lightning symbols, also along the
circumference, are alternate dots and dashes signifying signal or currents
voltage pulses commonly encountered in various telecommunications and
electronic applications or operations. The other symbol appearing in the seal
is that of an atom. The atom symbol is located just above the center of the
seal. The atom has two electronics in orbit around of electronics and
communications while the nucleus symbolizes engineering in general.
b. In the upper quadrant, along and inside the circumference, are the words “Electronics and Communication”. Directly below these words is the word “Philippines” In the lower quadrant, correspond, are the word “Registered Engineer” immediately above which is printed the full name of the engineer who has been registered an d authorized to possess/use the seal. The corresponding registration number of the Engineer appears in a horizontal line above his name.
c. The duly registered electronics and communications
engineer shall sign and seal any and all of his formal correspondence,
communications, documents., plans, specifications, designs, proposals offers,
studies, reports, etc. to affirm the official and authenticated nature thereof
d. The dry seal authorized for use by a duly registered
electronics and communications engineer shall be used exclusively by said
engineer, and by no other any circumstances.
SECTION 5.
Enforcement by Officers of the Law
a. It shall be the duty of all duly constituted officers of
the law and of the national government or of any provincial, city or municipal
government to enforce the provisions of R.A. 5734 and correspondingly these
rules and regulations and to prosecute any person violating the same.
b. 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 R. A. 5734 and these rules and regulations.
SECTION 6. Penal
Provisions
Any person who violates any provision of these rules and
regulations as well as the provisions of the Electronics and Communications Law
of the Philippines R.A. 5734) shall be liable in accordance with Sec. 24 of
said act - which Sec. 24 is reproduced hereunder:
“SEC. 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 practice, 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 communication engineer who shall sign
his name, affix his seal, or any other method of signature on plans, technical
descriptions, 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
communication 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”
ARTICLE
IV- CODE OF PROFESSIONAL ETHICS & CONDUCT
Foreword:
Honest, Justice and Courtesy form a moral pliilos6phy which,
associated with mutual interest among men, constitutes the foundation of
ethics. The engineer should recognize such a standard, not in passive
observance, but as a dynamic principles guiding his conduct and way of life. It
is his duty to practice his profession according to this code of Ethics and
Conduct.
The keystone of professional conduct is integrity. Hence, it
behooves the engineer to discharge his duties with fidelity to the public, his
employers and clients, and with fairness and impartially to all. It is his duty
to interest himself in public welfare, and to be ready to apply his special
knowledge for the benefit of mankind. He should uphold the honor and dignity of
his profession and avoid association with any enterprise of questionable
character. In his dealing with fellow engineers he should fair and tolerant.
SECTION I.
RELATIONS WITH THE STATE -
a.
Each and every engineer shall recognized and respect the
supreme authority of the State as expressed through its laws and implemented by
its agencies. Whenever and wherever such laws do not infringe upon the rights
and privileges of citizens as guaranteed by the Constitution.
b.
He shall recognize that the well-being of the public and the
interests of the State are above the well being and interest of any individual.
c.
In the interest of justice, he shall aid the State, if and
when the technology is needed for the prevention and/or prosecution of unjust,
criminal, or unlawful acts.
d.
In the interest of good government, he shall in every way
possible extend cooperation to the State in the accomplishment of its goals and
objectives.
e.
In the interest of social efficiency, lie shall extend
assistance, guidance and training to all subordinates under his jurisdiction in
order to increase their skill and ability, knowledge and experience for the
purpose of eventually increasing their responsibilities.
f.
In the interest of the national economy and well-being, he
shall always strive in the execution of his work for optimum efficiency,
economy and safety
g.
In the interest of national security, the State shall be
given primary consideration in all his inventions and/or devices in electronics
communications useful for national security and defense.
h.
In the event of any national emergency. he shall offer his
technology, skill ability and experience to the services of the State, even if
it will involve personal sacrifices.
SECTION
2. RELATIONS WITH THE PUBLIC
a.
he shall interest himself in public welfare and be ready to
apply his special knowledge for the benefit of mankind.
b.
He shall guard against conditions that are dangerous or
threatening to life, limb or property on work for which he is responsible, or
if he is not responsible, he shall promptly call such conditions to the
attention of those responsible so that the conditions can immediately arid
effectively be corrected.
c.
He shall have due regard for the safety of life health of
the public who may be affected by the work for which he is responsible.
d.
He shall endeavor to extend public knowledge of electronics
and communication engineering and he strive to win or maintain the public
confidence by discouraging the spread of untrue, unfair and exaggerated
statements regarding this engineering.
e.
As a witness before a court, commission and/or other
tribunal, he shall express an opinion only when it is founded on adequate
knowledge and honest conviction.
f.
He shall not issue on matters connected with public policy,
any ex-parte statements, criticisms, or arguments which are inspired or paid
for by private interests, unless he identifies on whose behalf he is making the
statements.
g.
He shall refrain from expressing any public opinion on an
engineering subject unless he is fully familiar and knowledgeable with all the
facts relating to the subject.
h.
His integrity shall be unquestionable. and he shall
discharge his duties and responsibilities with fidelity to the public, his
employers and clients. and with fairness and impartially to all.
SECTION 3.
RELATIONS WITH CLIENTS, EMPLOYER AND LABOR. -
a.
He shall act in professional matters as a faithful agent or
trustee, and treat as confidential all matters and information concerning the
business affairs, technical processes, etc. of his clients and/or employers.
b.
He shall inform his client or employer of any financial
interest on inventions, devices, equipment or any other thing, before
undertaking any engagement in which he may called upon to decide on the use
thereof
c.
He shall not accept any other compensations, financial or
otherwise, except from one interested party for a particular service or other
services related therewith without the consent of all parties concerned.
d.
He shall exercise fairness and justice when dealing with
contracts between his clients or employers and the contractors.
e.
He shall not accept any commissions or allowances, directly
or indirectly, from contractors, suppliers and all other parties dealing with
his clients and/ or employers in connection with the work for which he is
responsible.
f.
f He shall not be financially interested in the bid or bids
of contractors, suppliers and other interested parties participating in a
competitive work or job on which he has been employed as engineer without full
knowledge and consent of his clients or employers.
g.
He shall promptly inform his or employers of any business in
which he has any interest, business connection or affiliation which may compete
with or affect the business of his clients or employers.
h.
He shall not allow any decision in connection with work for
which he has been employed or which he
may be called upon to perform, to be affected by interests in any business.
i.
He will present clearly the consequences to be expected from
deviations proposed if his engineering if his judgment is overruled by
non-technical authority in case where he is responsible for the technical
adequacy or engineering work.
j.
He shall undertake only those engineering assignments for
which he is qualified. He shall engage or advice his employer or client to
engage specialists and shall cooperate with them whenever his employer’s or
client’s interest are served best by such an arrangement.
SECTION 4.
RELATIONS WITH ENGINEERS-
a.
He shall individually or collectively with others in the
profession protect the profession from misunderstanding and/or
misrepresentations.
b.
He shall not directly or indirectly injure the professional
reputation , prospects, advancement and/or practice of other engineers.
However, if he has proof or personal knowledge that an engineer has been
unethical and/or illegal in his practice. he shall inform in writing the proper
authorities for appropriate action.
c.
He shall uphold the principle of appropriate and adequate
compensation for those engaged in the engineering profession, including those
in the subordinate capacities, in the interest of public service and
maintenance of the standards of the profession.
d.
He shah not try to supplant another engineer in a particular
employment after becoming aware that definite steps have been taken toward the
other’s employment.
e.
He shall not compete, by underbidding. though reduction in
his normal fees on the basis of charges for work, after having been informed of
the charges submitted by another engineer.
f.
He shall be fair and tolerant in his dealings with fellow
engineers and give credit to those to whom credit is properly due.
g.
He shall uphold the honor and dignity of his profession and
avoid association in responsibility for w6rk with engineers who do not conform
to ethical practices.
h.
He will exercise due restraint in criticizing another
engineer’s work in public, recognizing the fact, that the engineering societies
and the engineering. press provide the proper forum for technical discussion
and criticism.
SECTION
5. RELATIONS TO THE PROFESSION
a.
He shall cooperate in extending the effectiveness of the
engineering profession and endeavor to be well-informed of the latest
development ‘in the profession by sharing or exchanging information and
experience with other engineers, other professionals and students; and by
contributing to engineering publications and schools and by participating in
the activities of engineering societies.
b.
He shall cooperate in upholding the integrity, dignity and
honor of the profession by avoiding all conducts and practices that will be
discrediting and injurious to the profession
c.
He shall be dignified and modest in explaining or discussing
his work and/or merit and shall refrain from self-laudatory advertising or
propaganda.
ARTICLE
V. ADMINISTRATIVE PROCEEDINGS
SECTION 1. Grounds
for Proceeding against and Electronics and Communications Engineer
Any of the following shall be sufficient ground for the
revocation and/or suspension of the validity of his certificate of registration
as electronics and communications engineer;
a.
Conviction by a court of competent jurisdiction of any crime
involving moral turpitude;
b.
Immoral or dishonorable conduct;
c.
Electronics and Communications Engineer of unsound mind;
d.
Unprofessional or unethical conduct, malpractice, or
incompetence; Employment of fraud,
deceit, of false statement in obtaining said certificate of registration. (Par.
III, Sec. 13, Rep. Act No.5734)
SECTION 2.
COMPLAINT AND IT’S CONTENT
The complaint may be filed against an electronics and
communications engineer by any person or persons or firm or corporation through
its duly authorized representative. The Board, however, may motu propio file
the complaint. The complaint shall be subscribed to under oath and shall state
clearly the offense committed and the grounds therefor, supported by affidavits
or other evidence/s if any.
SECTION 3.
WITHDRAWAL
My complaint may be withdrawn by the complainant in writing
and under oath. The Board shall forthwith dismiss the case unless the Board, in
the interest of the public and for the protection of the integrity of the
electronics and communications engineering profession shall deem it necessary
to prosecute the case notwithstanding the withdrawal of the complainant.
SECTION 4. SERVICE
AND ANSWER
The Board upon receipt of the complaint shall furnish the
respondent electronics and communications engineer a copy of the complaint
which he shall answer within ten (10) days from receipt thereof The answer
shall contain either a specific denial of the material allegations of the
complaint or allegations of any lawful defense.
SECTION 5. SCHEDULE
OF HEARING
The Board, after receiving the answer of respondent of
failing to receive any answer and finding that there is valid. ground to charge
him, shall set the dates of the hearing thereof For this purpose, a subpoena or
subpoena duces tecum may be issued by the chairman or his legal representative.
SECTION 6.
ADMINISTRATIVE INVESTIGATIONS
Administrative investigation shall be conducted by at least
a member of the Board with one legal officer of the Board of Examiners sitting
in during the investigation. The proceedings shall all times be recorded and
the existing rules of evidence shall be observed as far as practicable during
the investigation but technical error in the admission of evidence which does
not prejudice the substantial rights of any’ of the parties shall not vitiate
the proceedings.
SECTION 7. PERIOD
OF INVESTIGATION AND DECISION
The investigation shall be terminated and resolved within
ninety (90) days from the time of the first date of hearing has been set and
heard. The decision shall be in writing and shall be signed by all the three
members of the Board or, at least, by a majority of them and shall be attested
to by the Secretary of the Board of Examiners. The decision shall contain
clearly and distinctly finding of facts and of law on which it is based. If the
complaint is based on breach/es of the rules and regulations or the Code of
ethics, the same shall also be stated. If the Board, by majority vote of the
members, shall find that the charges are sustained by evidence adduced, it may,
at its discretion and depending on the gravity of the charges, suspend for a
suspend for a specific period the validity or revoke his certificate of
registration.
SECTION 8. GROUNDS
FOR PETITION FOR RECONSIDERATION
Petitions for reconsideration or for rehearing shall be
filed within thirty (30) days after notice of the decision. Petitions filed
after this period shall not be entertained and shall be considered as filed
without action, unless the Board, for special reasons which must be stated
later in its decision, decide to act on the petition. No petition for
reconsideration shall be entertained
unless it be for the following cause or causes.
a.
The decision is not in conformity with the evidence and/or
facts presented;
b.
Newly discovered evidence or facts which could not, with
reasonable diligence, be discovered and produced at the hearing, and which when
presented would probably alter the result of the investigation; Provided, that
only one petition for reconsideration shall be entertained by the Board.
SECTION 9. 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. (Par IV, Sec. 13 R. A. No.5734)
SECTION 10. APPEAL,
H0W PERFECTED
An appeal shall be perfected by filing with the Board a
notice of appeal within thirty 30 (days) after notification to the party of the
decision complained of
SECTION 11.
INTERRUPTION OF TIME TO APPEAL
The time during which a petition for reconsideration has
been pending shall be deducted from the period for perfecting an appeal.
SECTION 12. RULE 40
OF NRCP APPLICABLE
The provisions of Rule 40 of the new Rules of Court in the
Philippines shall apply in appeals, which are not inconsistent with or may
serve to supplement the provisions herein provided.
SECTION 13.
REINSTALLMENT AND REPLACEMENT OF CERTIFICATE
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 of revocation. (Par. V, Sec. 13
R.A. 5734).
ARTICLE
VI. MISCELLANEOUS PROVISIONS
SECTION 1. THE BOARD- ITS ORGANIZATION AND
FUNCTION/ACTIVITIES.
a. Composition of the Board. - The Board of Examiners for
Electronics and communication Engineers shall be composed of a Chairman and two
(2) 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 posses the
following qualifications.
1.
A citizen and resident of the Philippines;
2.
At least thirty-one years of age, and of good moral
character;
3.
A registered electronics and communications engineer under
the Act;
4.
Actually in active practice of the electronics and
communications engineering occupation for at least ten years, in the government
service or private;
5.
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 he has been such a faculty member, he has stopped teaching
therein for at least three consecutive years immediately preceding his appointment;
and
6.
Not financially interested directly or indirectly, in any
school, institute, or college or university where a regular course in
electronics and/or communications engineering is taught. (Secs. 12 &14,
R.A. 5734)
b. Powers and Duties of the Board- The Board is vested with
the authority to:
1.
Administer the provisions of the Act;
2.
Administer oaths in connection with the administration of
the Act.
3.
Issue, suspend or revoke certificate of registration for the
practice of electronics and communications engineering for justifiable cause.
4.
Study the conditions affecting the electronics and
communications engineering profession in the Philippines, and exercise the
powers conferred upon it by R.A. 5734 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.
5.
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.
6.
Recommend to the Department of education or other entity
concerned with the granting of schools permits or authorization the opening of
colleges or schools and universities in electronics and communications
engineering.
7.
Investigate violations of the 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, sh4l issue a subpoena to said persons,
requiring him to appear before the Board, and there to testify and I or produce
such book, 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.
8.
Establish and administer a code of ethics and fair practice
for electronics and communications engineers of the Philippines.
9.
Recommend or adopt from 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.
10.
Promulgate such rules and regulations. as may be necessary
to carry out the provisions of the Act (Sec. 13 of R.A. 5734)
c. Duties of the Chairman - The Chairman shall preside at
all meetings, sign and at his discretion, affix the dry seal of the Board on
all official documents, and correspondence of the Board. Matters involving
policy and other important decision, however, shall be acted upon by the
Chairman after consultation with and consent by the Board as a body. The
Secretary of the Boards of Examiners shall assist the Chairman and members in the
performance of their official functions.
d. 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 Boards of Examiners shall
also be the Secretary of the Board. All records of the Boards, including
examination papers, minutes of deliberations, and records of administrative
proceedings and investigations shall be kept by the commissioner of Civil
Service. (Sec. Of R.A.5734)
e. The Disbursing Officer. - The Board designates the
Secretary of the Boards of Examiners as the disbursing officer who shall accept
all fees and payments and shall pay the receipt thereof all authorized expenses
of the Board, including the compensation of each board member. (Sec. 10 of R.A.
5734)
f. Meetings - Meetings for conducting administrative
proceedings or for the transaction of official business shall be held as often
as may be necessary at the discretion of the Chairman or a at the request of
two (2) members.
g. Quorum. - At least two (2) members of the Board shall
constitute a quorum for the transaction of official business except as herein
otherwise provided.
h. Annual Report - The Board shall submit as annual report
to the President of the Philippines at the close of each year embodying such
recommendation as it may deem proper.
SECTION 2. Conduct of Examination
The examination shall be conducted in a spirit of mutual
cooperation among the members of the Board of Examiners of Electronics and
Communications Engineers and personnel of the Civil Service Commission. All
efforts must be geared towards the realization of the objectives of the
examinations. This shall involve among others the adoption and implementation
of proper controls and measures at all times the absolute integrity of the
examinations.
SECTION 3. Roster
of Electronics & 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
Commissioners, of Immigration and to such other bureaus or government agencies
and provincial, city and municipal authorities as may be deemed necessary and
to the upon request . (Sec. II R.A. 5734)
SECTION 4.
Effectivity
All rules, regulations and Code of ethics promulgated by the
Board under the provisions of R.A. 5734 shall be published in the official
Gazette and shall be effective fifteen days after publication. (Sec. 19 of R.A.
5734)
Adopted by the Board of Examiners for Electronics and
Communications Engineers, this 17th day of February, 1971.
(Sgd.) ROSAURO CALUPITAN
Chairman
(Sgd.) FELICITO REY SIGNO
Member
(Sgd.) RIGOBERTO ESPINOSA
Member
Attested By:
(Sgd.) INOCENTES Y. PABELLO:
