Sunteți pe pagina 1din 29

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 Operator’s 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 Commission
1. Permit to Possess
2. Permit to Own
3. Permit to Transfer
4. Dealer’s Permit
5. Purchase Permit; 180 days maximum period
validity
6. Permit to import; 90 days maximum period of
validity
7. Construction Permit; 30 days, 60 days, 90 days
period of validity
8. Permit to sell
9. Permit to Purchase, Sell, Supply, or Grind
Transmitter Crystal
10. Dealer’s Permit or Manufacturer’s Permit for
Transmitter Crystal
11. Permit for Movement or Transport of
Communication Equipment
12. Permit to demonstrate/ propagate; 30 days
maximum period of validity
13. Radio Communication equipment dealer
permit; 1 year maximum period of validity
14. Radio Communication equipment
manufacture permit; 1 year maximum validity
15. Radio Communication equipment service
center permit; 1 year maximum period of
validity
e. DO 88
- Rules and Regulations Governing The
Services of Registered ECE
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 Operator’s Certificate (License)
e. NTC MC 11-89
- ECE graduates to take Regular
Commercial Radiotelephone Operator’s
Exam
f. NTC MC 1-1-96
- General Operator’s 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 assignment of 3G
Radio Frequency
- 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)
d. NTC MC No. 04-07-2005
- Extension of the UHF TV Broadcast Band
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
2. A Receiving Station for Commercial Purposes
3. A Radio Broadcast Station
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. Citizen’s 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 franchisee’s
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
- Children’s 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 Consumer’s 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 Electronics Engineering Law of 2004


Law of the Philippines

Enacted both by the Senate and the House of Enacted both by the Senate and the House of
Representatives on May 22, 1969 Representatives on May 27, 2004

Approved into law by President Ferdinand Approved into law by President Gloria
Edralin Marcos Macapagal-Arroyo on April 17, 2004
Effectivity of the law is on May 27, 2004

Pre-qualifications for Board Exam Pre-qualifications for Board Exam


 At least 21 years old  At least 18 years old
 Filipino citizen or a foreigner  Filipino citizen or a foreigner
qualified under section 23-Foreign qualified under section 33-Foreign
Reciprocity Law Reciprocity Law
 Of Good Moral character  Of Good Moral character
 Holder of BSECE degree or its  Holder of BSECE degree or its
equivalent equivalent
Republic Act 5734 Republic Act 9292

Qualifications of Board Members Qualifications of Board Members


 Citizen/resident of the Philippines  Citizen/resident of the Philippines
 At least 31 years of age for at least five (5) consecutive
 Of good moral character years prior to his/her appointment
 A registered ECE  Of good moral character and
 In active practice of ECE occupation integrity
for at least 10 years  A member of good standing of the
 Not a member of ECE faculty of a Accredited Professional
school or has stopped teaching for Organization
at least three (3) consecutive years  In active practice of ECE occupation
 Not financially interested directly or for at least 10 years prior to his
indirectly in any school/institution appointment, either In self-
where ECE is taught practice, or employment in
government service and/or in
private sector
 Not financially interested directly or
indirectly in any school/institution
where ECE is taught
 Not have been convicted of any
offense involving moral turpitude
Republic Act 5734 Republic Act 9292

Power and Duties of the Board Power and Duties of the Board
1. Administer the Provision of R.A 5734 1. Administer/Implement the provisions of R.A
2. Administer Oaths 9292
3. Issue, suspend or revoke certificate of 2. Administer Oaths in connection with the
registration administration of this act
4. Study the conditions affecting the ECE 3. Issue, suspend, or revoke certificate of
profession registration
5. Study, examine and prescribe , in 4. Maintain a roster of Professional Electronics
cooperation with CHED, the essential Engineers, Electronics Engineers and
requirements as to the curricula and Electronics Technician
facilities of “ECE schools” 5. Issue, suspend and/or cancel special permits
6. Recommends to CHED the granting of to foreign Professional Electronics Engineers,
school permits or authorization of opening Electronics Engineers and Electronics
of ECE schools Technician
7. Investigate violations of R.A 5734 6. Prescribe, amend, or revise the requirements
8. Establish and administer a code of ethics for licensing of Professional Electronics
and fair practice of ECE’s Engineers
9. Recommend and adopt measure for 7. Adopt a program for the full computerization
advancement of ECE profession in keeping of licensure exam
the progress of the country 8. Grant registration without examination,
10. Promulgate rules and regulations of R.A subject to review and approval by the
5734 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
15. Formulate, prescribe and adopt rules and
regulations for electronics installations in
industrial plants, commercial establishments
and other building structures
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,
development and growth
Republic Act 5734 Republic Act 9292

Removal of Board Members Removal of Board Members


1. Continued neglect of duty 1. Neglect of Duty
2. Incompetence 2. Incompetence
3. Commission or tolerance of irregularities in 3. Manipulation or rigging of licensure
the exam examination results
4. Malpractice 4. Disclosure of secret information of licensure
5. Unprofessional or unethical conduct 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 Suspension/Revocation of Certificate of
Registration Registration
Ground/Causes Ground/Causes
1. Unprofessional and unethical conduct 1. Unprofessional and unethical conduct
2. Malpractice 2. Malpractice
3. Incompetence 3. Incompetence
4. Where fraud, deceit or false statement was 4. Where fraud, deceit or false statement was
employed in obtaining the certificate of employed in obtaining the certificate of
registration registration
5. Unsound Mind 5. Unsound Mind
6. Immoral or Dishonorable Act 6. Immoral or Dishonorable Act
7. Conviction of a court of any crime involving 7. Conviction of a court of any crime involving
moral turpitude moral turpitude
Republic Act 5734 Republic Act 9292

Penal Provisions Penal Provisions

Penalties Penalties
P 2,000.00 <fine> P 5,000.00 P 100,000.00 <fine> P 1,000,000.00 or
imprisonment of not less than six months nor
more than six years

Offenses Offenses
1. False or fraudulent statement obtaining 1. False or fraudulent statement obtaining
certificate of registration certificate of registration
2. Use of another’s license 2. Use of another’s license
3. Present or use a revoked/suspended license 3. Present or use a revoked/suspended license
4. Assume, use or advertise as ECE with no 4. Assume, use or advertise as ECE with no
license license
5. Stamp or seal any document with an expired, 5. Stamp or seal any document with an expired,
suspended or revoked certificate suspended or revoked certificate
6. Sign, affix, seal on plans or document 6. Sign, affix, seal on plans or document
prepared by another prepared by another
7. Engage in illegal private communication 7. Engage in illegal private communication
8. Violate any rules and regulation of R.A 5734 8. Violate any rules and regulation of R.A 5734
Republic Act 5734 Republic Act 9292

Schedule of Examination Schedule of Examination


• April • April
• November • November

Ratings in the Examination Ratings in the Examination


Average >=70% with no rating <= 50% 70% in all subjects
Breakdown: For an examinee who obtains a passing rating in
Mathematics 30% the majority of the subjects but obtains a
Electronics 35% rating in the other subject/s below 70% but
Communications 35% not lower than 60% shall be allowed to take
one removal examination on the subjects
failed
Results of Examination Results of Examination
2 to 3 days after the exam 15 days after the exam
Roster of ECE’s Roster of ECE’s
• Showing the names, addresses and places of • Showing the names, addresses and places of
businesses of all ECE’s shall be prepared by businesses of all ECE’s shall be prepared by
the secretary of the board the secretary of the board
• Issued every July every year • Issued every July every year