Excel Review Center ECE LAWS

1


List of ECE Laws:

RA 9292
Electronics Engineering Law
of 2004 (approved April 17,
2004)
RA 5734
ECE Law of the Philippines
(repealed)
RA 8792
E-Commerce Act of 2000
(approved June 14, 2000)
RA 3846
Regulation of Radio Stations
and Radio Communications
in the Philippines
RA 7925
Public Telecommunications
Policy Act of the Philippines
(approved March 1, 1995)
PD 223
Creating PRC and
prescribing its powers and
functions (repealed)
RA 8981
PRC Modernization Act of
2000 (approved December
5, 2000)
RA 8370
Childrens Television Act of
1997 (Approved October 28,
1997)
DO 11
Establishment of radio
transmitters and transceivers
in the Philippines
DO 88
ECE required in Radio
Installations (December 28,
1972)
EO 109
Policy to improve the
Provision of Local Exchange
Carrier Services (July 12,
1993)
EO 125
Creation of Ministry of
Transportation and
Communications (January
30, 1987)
EO 125-A
Creation of DOTC (April 13,
1987)
EO 205
Regulating the operation of
CATV in the Philippines
(June 30, 1987)
EO 255
Requiring all radio stations to
broadcast OPM
compositions 4 times every
clockhour (July 25, 1987)
EO 266
Institutionalization of CPE
programs under the
supervision of the PRC (July
25, 1995)
EO 546
Creation of Ministry of Public
works and a Ministry of
Transportation and
Communications (July 23,
1979)
RA 6541
National Building Code of
the Philippines (August 26,
1972)


RA 9292 Electronics Engineering Law of
2004

Repealed RA 5734
8 articles, 43 sections



Electronics development and
application systems involving flow of
electrons in any media.
Computer can record data, execute
programs.
Information and Communications
Technology acquisition to storage of
data and info. By electronic means in
vocal, textual, etc.
Communications process of
sending/receiving information bet. 2 or
more points by any media.
Telecommunications any
transmission/reception of voice, data,
text, etc. by wire, radio, light,
electromagnetic and technological
means.
Broadcasting transmission of audio,
video, etc. for reception of broad
audience via wired or wireless.
Industrial Plant manufacturing
establishments andq businesses where
electronic machinery are installed, used,
sold, operated, etc.
Commercial Establishment buildings
used for business or profit where
electronic or electronically-controlled
equipment are installed, used, sold,
operated, etc.
Consulting Services services requiring
technical expertise and professional
capability for advisory or review, design,
etc. in the field of electronics engineering
Accredited Professional Organization
(APO) integrated/accredited national
organization of PECEs, ECEs, ECTs
(IECEP)
Scope and nature of ECE includes: ECE
principles, administration, management,
supervision of such principles, teaching
and training activities.
Scope and nature of PECE includes:
scope of ECE plus consulting services,
sign and seal design, plans, schematics,
etc.
Scope and nature of ECT includes: any
non-engineering work relating to
installation, operation, control, test,
sales/marketing, etc. of any electronic
devices on any location.
Composition of Board of ECE:
Supervised by PRC; Chairman with 2
members appointed by The President of
Philippines from the 3 recommendees
per position chosen by the Commission
where the recommendees chosen were
from 5 nominees per position submitted
by APO (IECEP).


Powers and functions of the Board:
o Administer provisions of RA9292
o Administer oaths
o Issue, suspend or revoke certificate
of registration and professional ID
of PECE, ECE and ECT
o Roster of PECE, ECE, ECT
o Issue, suspend or cancel special
permits to foreign PECE, ECE,
ECT
o Prescribe or revise the syllabi of
subjects for licensure exam
o Make program for full
computerization of licensure exam
o Registration without exam, subject
to review and approval of the
Commission
o Examine/Recommend schools,
colleges, and universities seeking
permission to open ECE-related
courses in accordance to CHED,
TESDA, APO and other
government agencies concerned.
Provided that the Board shall
redefine the curricula of the
schools, colleges universities to
define the minimum requirements
for the graduates to qualify to take
the licensure exam.
o Inspect educational institutions
regarding the school permits,
authorization, opening, upgrading,
and closure of such offering ECE
and ECT courses.
o Administer Code of Ethics and a
Code of Technical Standards of
Practice for PECE, ECE, ECT.
o Promulgate rules for PECE, ECE,
ECT
o Program for continuing professional
education or development of
PECE, ECE, ECT
o Prescribe minimum manpower
requirements for PECE, ECE, ECT
in industrial and commercial plants.
o Formulate rules for electronics
installations in buildings covered by
National Building Code of the
Philippines in coordination with
DPWH
o Study conditions affecting PECE,
ECE, ECT, adopt measures for
advancement of profession;
conduct ocular inspection to
buildings where PECE, ECE and
ECT are employed.
o Hear violations on this Act, Code of
Ethics and Code of Technical
Standards of Practice, issue
subpoena ad testificandum and/or
subpoena duces tecum.
Excel Review Center ECE LAWS
2

o Delegate hearing filed before it to
authorized officers of the
Commission except when the
practice of the PECE, ECE and
ECT is involved then 1 member of
the Board assisted by a Legal or
Hearing Officer.
o Promulgate resolutions subject to
appeal within 15 days from receipt
of Commission which may dismiss
the case, deny the appeal, etc. If
no appeal is taken after 15 days, it
will be final and immediately
enforceable.
o Submit an annual action plan and
report at the beginning and close of
the fiscal year on activities of the
Board
o Discharge such other powers of the
Board may be necessary for
development of PECE, ECE, ECT
profession. Except in administrative
cases, all policies promulgated by
the Board are subject for review by
the Commission.
Qualification of Board Members:
o Citizen and resident of Philippines
at least 5 years prior to
appointment
o Good moral character
o Holder of valid certificate of
registration and professional ID as
PECE
o Member of good standing in APO
o Active practice of ECE profession
for at least 10 years (self employed
or govt or private sector)
o Must not have biases for any
educational institution conferring
admission to ECE/ECT or review
classes offering or be a member of
the faculty prior to oath
o Must not be convicted
Term of office of the Board 3 years
from appointment or until the
successors are re-appointed (vacancies
can be filled w/in the term only if the
member may be reappointed more than
once and has a tenure less than 6
years)
The Board shall have allowances
comparable to the members of existing
regulatory boards under the
commission.
The President of the Philippines upon
recommendation of the Commission
may suspend/remove a member of the
Board if rigging, tampering, etc. in
licensure exam took place.
All records of the Board involving PECE,
ECE and ECTs shall be kept by the
Commission
Aspiring ECE and ECTs must take the
exam
Qualifications for Examinations:
o Citizen of the Phil or of foreign
country according to section 33
o Good moral character
o For ECE BS ECE or equivalent
o For ECT graduate of associate,
technician or vocational course;
minimum 3
rd
yr equivalent of BS
ECE
For ECT written and/or practical tests
The Board may reorganize the test due
to modern changes
To pass the exam: average of more
than 70% with the minimum of 70%
each subject.
Conditionally passed: average of more
than 70% of majority of subjects but one
subject has below 70% but above 60%.
Release results within 15 days
Qualifications for PECE:
o Valid certificate of registration and
professional ID as ECE
o Valid membership from APO
o Active self-practice/government
service/private sector for 7 years
with 2 years of significant
engineering work from oath as
ECE
o 3 certificates from 3 PECEs stating
the documents as factual
En banc oral interview for
verification
Provided that registered ECEs
for at least 7 years may not
submit the 3 certificates
A certificate of registration is granted to
those who pass the ECE/ECT exam,
ECEs registered as PECEs, and ECTs
who are registered w/o exams.
o Signature of Chair and members
o Stamped with seal
o Registration number
o Date of registration

Article I: General Provisions

Section 1: Title

Section 2: Statement of Policy

Section 3: Definition of Terms

Section 4: Categories of Practice

Section 5: Nature and Scope of PECE, ECE
and ECT

Article II: Professional Regulatory Board of
Electronics Engineering

Section 6: Composition of the Board

Section 7: Powers and Functions of the
Board

Section 8: Qualifications of the Board
members

Section 9: Term of Office

Section 10: Compensation and Allowances
of the Board

Section 11: Removal of Board Members

Section 12: Custodian of Board Records,
Secretariat and Support Services

Article III: Examination, Registration and
Licensure

Section 13: Licensure Examination

Section 14: Qualifications for Examinations

Section 15: Scope of Examination for
Electronics e=Engineers and Electronic
Technicians

Section 16: Ratings

Section 17: Release of the results

Section 18: Qualifications and schedule of
registration for PECE

Section 19: Issuance of Certificate of
Registration and Professional ID card

Section 20: Registration without Examination
for ECT

Section 21: Non-issuance of a Certificate of
Registration and/or Professional ID card for
certain grounds

Section 22: Professional Oath
Prerequisite to practicing as a PECE,
ECE and ET

Section 23: Revocation and suspension of
certificate of registration, professional
identification card and cancellation of special
permits
Improper use of profession will cause
revocation of professional ID.

Section 24: Reinstatement, re-issuance or
replacement of certificate of registration and
professional identification card
Reinstatement after 2 years provided no
illegal practice within 2 years.

Section 25: Roster of professional
electronics engineers, electronics engineers
and electronics technicians

Section 26: Exemptions from examinations
and registration
Exam and registration are not required if
you are employed by government or
private company in the following cases:
Excel Review Center ECE LAWS
3

o No other Filipino professional
available
o Stated as temporary employment
of a foreign professional
o As defined on the Trade in
Services provided:
The foreigner is qualified
The work of foreigner is limited
to what is stated in contract
Secure a permit from
commission
Foreigner shall not engage in
private practice
2 Filipino professionals shall
be employed per foreigner
hired
The special permit is good for
only 6 months, and can be
renewed every 6 months

Article IV: Practice of PECE, ECE, ECT

Section 27: Practice of the profession
One is not allowed to act or proclaim as
PECE, ECE, ECT if you do not have
valid ID/license

Section 28: Prohibitions and limitations on
the practice of electronics engineering and
electronics technician profession
No firm or group is allowed to be
registered or licensed to practice PECE,
ECE or ECT.

Section 29: Seal of the PECE
All licensed PECE shall be given a seal
certified by board

Section 30: Code of Ethics and Code of
Technical Standards of Practice
The Board shall adopt code of ethics
promulgated by accredited professional
organization (APO)

Article V: Sundry Provisions

Section 31: Continuing Professional
Education (CPE) and/or Development
programs
PECE, ECE, ECT shall comply with
rules by the board and from APO and
other government agencies.

Section 32: Integrated and accredited
professional organization
There shall be 1 integrated and APO of
PECE, ECE and ECT in the country
(IECEP)

Section 33: Foreign Reciprocity
Foreigners are allowed to practice
profession here only if our professionals
can also practice profession in their
country as stated in foreign agreements.

Section 34: Position in government requiring
the services of registered PECE, ECE, ECT
PECE, ECE and ECT can work in
service of government only if registered
and licensed

Article VI: Penal provision and assistance of
law enforcement agencies

Section 35: Penal Provision
The following will be penalized with not
less than PHP100K nor not more than
PHP1M or by imprisonment of not less
than 6 months nor not more than 6
years.
Fraud
Using of others ID
Present revoked ID
Pretend as certified PECE, ECE,
ECT
Use seal with revoked ID
Violation of this act, code of ethics
and the code of technical
standards of practice

Section 36: Assistance of law enforcement
and other government agencies

Article VII: Transitory Provision

Section 37: Transitory Provision

Section 38: Vested rights: Electronics and
Communication Engineers when this law is
passed
All electronics and communication
engineers will become electronics
engineers.

Article VIII: Final provision

Section 39: Implementing Rules and
Regulations

Section 40: Appropriations

Section 41: Separability clause

Section 42: Repealing clause

Section 43: Effectivity

RA 8792 E-Commerce Act of 2000

42 sections
Aims to facilitate domestic and
international dealings, transactions,
arrangements agreements, contracts
and exchanges and storage of
information through the utilization of
electronic, optical and similar medium,
mode, instrumentality and technology to
recognize the authenticity and reliability
of electronic documents related to such
activities and to promote the universal
use of electronic transaction in the
government and general public.

Section 6: Legal Recognition of Electronic
Data Messages

Section 7: Legal Recognition of Electronic
Documents

Section 8: Legal Recognition of Electronic
Signatures.
An electronic signature on the electronic
document shall be equivalent to the
signature of a person on a written
document if that signature is proved by
showing that a prescribed procedure,
not alterable by the parties interested in
the electronic document

Section 11: Authentication of Electronic Data
Messages and Electronic Documents

Section 12: Admissibility and Evidential
Weight of Electronic Data Message or
Electronic Document

Section 27: Government Use of Electronic
Data Messages, Electronic Documents and
Electronic Signatures

Section 28: RPWEB To Promote the Use of
Electronic Documents or Electronic Data
Messages In Government and to the General
Public

Section 30. Extent of Liability of a Service
Provider

Section 31. Lawful Access

Section 32. Obligation of Confidentiality

Section 33. Penalties
Hacking or crackling
Piracy or the unauthorized copying,
reproduction, dissemination, or
distribution, importation, use, removal,
alteration, substitution, modification,
storage, uploading, downloading,
communication, making available to the
public, etc.
Other violations of the provisions of this
Act, shall be penalized with a maximum
penalty of one million pesos
(P 1,000,000.00) or six (6) years
imprisonment.

RA 3846 Regulation of Radio Stations
and Radio Communications in the
Philippines

Nobody can operate a radio transmitting
station, radio receiving station or a radio
broadcasting station without obtaining
FRANCHISE from Congress
No franchise needed: amateur,
experimental, training, mobile and
private remote stations
Station radio transmitting station,
radio receiving station, radio
broadcasting station
Permit from Secretary of Commerce
and Industry needed in constructing
stations
Excel Review Center ECE LAWS
4

Application to renew license submit 2
months before license expires
License cant be transferred to others
without authority from secretary; granted
only for US and Phil. citizens
Privileges granted in the license shall
not be exclusive
In time of war, station may be closed or
used by the government upon just
compensation
Message should not be divulged to any
unauthorized persons
Provisions of this act doesnt apply to
stations owned by government (as long
as they comply with International
Radiotelegraph Regulations)
Act 3275 (An act providing for effective
radio control) is repealed in this act

RA 7925 An Act to Promote and Govern
the Development of Philippine
Telecommunications and the Delivery of
Public Telecommunications Services

Short title: Public Telecommunications
Policy Act of the Philippines
Telecommunications process that
relays and receives voice, data,
messages (written or printed)
Public Telecommunications Entity
those engaged in provision of telecom
service to the public
Franchise authorize entity to engage
in telecom service; by Congress
Local Exchange Operator provide
transmission and switching of telecom
services in the Philippines
Inter-exchange carrier also known as
national backbone network operator;
connects local exchange within the
Philippines; engaged in national long
distance services
International Carrier provide
transmission and switching of telecom
service bet Phil. And other countries
Value-added Service Provider (VAS)
offers enhanced services
Public Toll Calling Station public can
place calls or telegrams upon payment
approved March 1, 1995

RA 8981 PRC Modernization Act of 2000

21 sections

Section 4: Composition
1 full-time Chairperson and two 2 full-
time Commissioners, all to be appointed
by the President for a term of 7 years
without reappointment to start from the
time they assume office.
Appointments to a vacancy that occurs
before the expiration of the term of a
Commissioner shall cover only the
unexpired term of the immediate
predecessor
The Chairperson or Commissioner shall
be at least 40 years of age, holding a
valid certificate of
registration/professional license and a
valid professional identification card
At least 5 years of executive or
management experience: Provided,
That, one (1) of the Commissioners
must be a past Chairperson/member of
a Professional Regulatory Board.

Section 7: Powers, Functions and
Responsibilities of the Commission

Section 8: Regional Offices

Section 9: Powers, Functions and
Responsibilities of the Various Professional
Regulatory Boards

Section 11: Person to Teach Subjects for
Licensure Examination on all Professions

Section 15: Penalties for Manipulation and
Other Corrupt Practices in the Conduct of
Professional Examinations
Any person who manipulates or rigs
licensure examination results, secretly
informs or makes known licensure
examination questions prior to the
conduct of the examination or tampers
with the grades in professional licensure
examinations shall, upon conviction, be
punished by imprisonment of not less
than six (6) years and one (1) day to not
more than twelve (12) years or a fine of
not less than Fifty thousand pesos
(P50,000.00) to not more than One
hundred thousand pesos (P100,000.00)
or both such imprisonment and fine at
the discretion of the court.

RA 8370 Childrens Television Act of
1997

16 sections
State recognizes the importance and
impact of broadcast media on the value
formation and intellectual development
of children and must take steps to
support and protect children's interests
by providing television programs that
reflect their needs, concerns and
interests without exploiting them.
Children all persons below 18 years
old

Section 4: Establishment of a National
Council for Children's Television
Composed of 5 members, appointed by
the President for a term of three 3
years: Provided, That of the first
appointees: a) the term of the first set of
2 members shall be for 3 years; b) the
term of the second set of 2 members
shall be for 2 years; and c) the term of
the remaining member shall be for 1
year

Section 7: Functions of the Council

Section 9: Allotment of air time for
educational children's programs
A minimum of 15% of the daily total air
time of each broadcasting network shall
be allotted for child-friendly shows

DO 11 General Rules and Regulations
Governing the Construction, Installation,
Establishment or Operation of Radio
Stations and the Possession or
Ownership, Construction or Manufacture,
Sale and Transfer of Transmitters and
Transceivers in the Phil.

Took effect of January 1, 1951
Permittee someone who holds a
certificate issued by Sec. of Public
Works and Communications to own,
purchase and sell transceivers
Dealer engaged in buying/selling
business
Manufacturer manufacture
transceiver
Permit to Possess certificate to
authorize possession of transceiver
Permit to Own certifies the holder
that he is the owner of transmitter or
transceiver
Permit to Transfer authorizes
transfer of transceiver to another person
Dealers Permit issued to those
engaged in buy and sell of transceivers
Purchase Permit authorize holder to
purchase a transmitter or transceiver
Construction Permit issued for the
construction of
transmitter/transceiver/radio station
Permit to sell authorize holder to sell
transceiver to holder of Purchase Permit
Permit to sell is not required to holders
of Dealers Permit
Radio Station License authorize
holder to operate a radio station
Radio Station consists of transmitter
or receiver (or combination) and other
equipments needed for radio
communication service
Information needed during registration:
name, location of apparatus, model and
serial number of apparatus, name and
address of firm where apparatus was
acquired, data acquired
For operation of radio transmitting
station obtain Franchise first from
Congress
Exemptions from franchise: amateur,
training, experimental, mobile, private
stations
Permit from Secretary of public works
and communications needed before
construction of radio station
Application of construction permit
should be in duplicate and should be
under oath
Requirement of another construction
permit is needed during:
o installation of additional Transmitter
o increasing power of Transmitter
o changing location of station
o changing antenna system
Excel Review Center ECE LAWS
5

o change emission type of station
1 construction permit for Transmitter
and Receiver if they are on the same
location
2 construction permits if Transmitter and
Receiver have separate locations
Period of construction permit: 30, 60, 90
days (depends on class of radio service)
can be extended upon payment and
application
Station License is not more than 3 years
Apply for renewal should be 2 months
before expiration
In actual operation of Transmitter and
Receiver apparatus, persons holding
operator licenses are required
Station and operator licenses must be
conspicuously posted (station license
posted at Transmitter station while
operator license posted in the place
where operator renders service)
Operator must carry license in the case
for aircraft and land mobile station
Station license can be revoked if:
o False statement in license application
o Violations of radio laws, local or intl.
No license can be revoked without
hearing
Permits issued can also be revoked (but
must also go through hearing)
Removal of plate number is illegal
No plate number, subject to confiscation
by Radio Control Office
Transmission by station of profane
words or anything that may endanger
the country is prohibited
Transmission of superfluous signals are
forbidden
Prevention of interference:
o Operation must ensure least possible
interference
o Licensed power should not be
exceeded except for distress signals
(emergency)
o Transmit freq. measured regularly
o Transmit must operate on assigned
frequencies (or within prescribed freq.
tolerance)
o Spurious radiations and key clicks
must be reduced
o Good engineering practice in
manufacturing of apparatus
Stations must follow regulations of
International Radio Regulation in terms
of traffic handling
Transmission of signal without
identification (call signs) is forbidden to
all stations
Log books should be retained for at
least 2 years
Entries regarding distress traffic
occurring in the maritime mobile and
aeronautical services must be
preserved and not destroyed
In broadcasting service, each frequency
must be assigned a separate call sign
and considered a station
Violation of person: fine of not more
than PHP2000 or imprisonment of not
more than 2 years for every offense
Violation of firm: fine of not more than
PHP5000

DO 88 Rules and regulation requiring
the services of duly registered electronics
and communications engineer in the
planning, and designing installation or
construction, operation and maintenance
of radio stations and in the manufacture
and/or modification of radio
communications equipment

Took effect in Dec. 28, 1973.
7 sections
Radio station construction permit
applicant shall submit to the Radio
Control Office an application which is
supported by the ff:
o Engineering plans and designs with
specifications of the radio station to
be constructed or modified. Should be
signed by a duly registered ECE.
o Shall not apply to amateur stations,
citizen band radio stations, land
mobile or portable stations operating
in VHF/UHF microwave bands,
aircraft stations in the non-
commercial service, ship low power
radio-telephone stations,
communication services not used for
commercial purposes, operating in
non-multiplex basis, effective
communications coverage area not to
exceed 5 km-radius.
Installation or construction of a radio
station
o Must have construction permit
o Supervised by registered ECE
o No license for the operation of the
station so constructed shall be issued
unless a certification by an ECE to
the effect that the station was
constructed or installed in accordance
with the approved specifications and
that the construction or installation
thereof was under his direct
supervision, is submitted and duly
verified by Radio Control Office.
o Shall not apply to.. same as Section
1.
Operation and maintenance of radio
comm. System comprised of 6 or more
of any type of land radio stations shall
be under the supervision of a duly reg.
ECE.
o Except: amateur, paging, maritime
mobile, land mobile or portable
VHF/UHF microwave bands, aircraft,
citizen band radio service, radio
training stations
Operation and maintenance of any
broadcasting system or network shall be
under a duly reg. ECE.
o Except: AM broadcast band with
carrier power not in excess of 1 KW,
FM broadcast station with power not
in excess of 3 KW, TV translators with
RF carrier power not in excess of 1
W, TV RF boosters with power not in
excess of 3 KW.
o Affected radio stations already
licensed and operating prior to this
Order shall comply after 1 year
effectivity of this Order.
No permit for the manufacture and/or
modification of radio communication
equip. shall be granted, unless applicant
submits design specs. with sign and
seal of duly reg. ECE.
The manufacturing process shall also
be supervised by the ECE.
Violations shall be dealt with in
accordance to Act No. 3846, as
amended, and/or RA No. 5734.

EO 109 Policy to improve the provision
of Local Exchange Carrier Services

18 sections
Improve the provision of local exchange
service in unserved and underserved
areas as defined by the NTC
promoting universal access to basic
telecommunications service.

Section 5: Service- Packaging
Authorized gateway operators shall
provide a minimum of three hundred
(300) local exchange lines per
international switch termination
At least one (1) rural exchange line shall
be provided for every ten (10) urban
local exchange lines installed

Section 7: Cellular Mobile Telephone System
Authorized international gateway
operator may also be authorized to
provide Cellular Mobile Telephone
System (CMTS) service and other non-
basic telecommunications service which
are possible source of subsidy for local
exchange carrier service.

Section 13: Policy Implementation
The NTC is hereby directed to
promulgate the guidelines, rules and
regulations to implement this Executive
Order

EO 205 Regulating the operation of
CATV in the Philippines

8 sections

Section 1: CATV is open to all citizens of the
Philippines

Excel Review Center ECE LAWS
6

Section 2: A Certificate of Authority to
operate Cable Antenna Television (CATV)
system is granted by the Commission on a
non-exclusive basis and for a period not to
15 years, renewable for another similar
period

Section 6: The NTC is hereby authorized to
issue the necessary rules and regulations

EO 255 Requiring all radio stations to
broadcast a minimum of 4 OPM
compositions in every clockhour

4 sections
Conserve, promote and popularize the
nation's historical and cultural heritage
and resources, as well as artistic
creations, and to give patronage to arts
and letters
"OPM" - any musical composition
created by a Filipino, whether the lyrics
be in Pilipino, English or in any other
language or dialect.
Failure to broadcast the minimum
number of original Pilipino musical
compositions in every clockhour of a
program with a musical format shall be
fined in the amount of P100.00 per
violation.
The NTC may suspend or cancel the
Certificate of Registration and Authority
to operate of any radio station in the
event of repeated violations of this
Executive Order or its implementing
rules and regulations.