A
collection of Philippine laws, statutes and codesnot
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theChan Robles Virtual Law Library This page features the full text ofRepublic
Act No. 7920.February
24, 1995New Electrical Engineering Law
REPUBLIC
ACT NO. 7920February
24, 1995 AN
ACT
PROVIDING FOR
A MORE RESPONSIVE AND COMPREHENSIVE REGULATION FOR THE PRACTICE,
LICENSING,
AND REGISTRATION OF ELECTRICAL ENGINEERS AND ELECTRICIANS. ARTICLE ITITLE AND
DEFINITION
OF TERMS
Section 1. Title.
- This Act shall be known as the "New Electrical Engineering Law."
Sec. 2. Definition of
Terms. - As used in this Act, the following terms shall mean:
(a) "Practice of electrical
engineering" a person is deemed to be in the practice of electrical
engineering when he renders or offers to render professional electrical
engineering service in the form of:
(1)
Consultation,
investigation,
valuation and management of services requiring electrical engineering
knowledge;
(2) Design
and
preparation
of plans, specifications and estimates for electric power systems,
power
plants, power distribution systems including power transformers,
transmission
lines and network protection, switchgear, building wiring electrical
machines,
equipment and others;
(3)
Supervision of
erection,
installation, testing and commissioning of power plants, substations,
transmission
lines, industrial plants and others;
(4)
Supervision of
operation
and maintenance of electrical equipment in power plants, industrial
plants,
watercrafts, electric locomotives and others;
(5)
Supervision of
the manufacture
and repair of electrical equipment including switchboards,
transformers,
generators, motors, apparatus and others;
(6)
Teaching of
electrical
engineering professional subjects; and
(7) Taking
charge of
the
sale and distribution of electrical equipment and systems requiring
engineering
calculations or applications of engineering data.
(b) "Electric supply
equipment"
is any equipment which produces, modifies, regulates, or controls the
supply
of electric energy.
(c) "Electric plant"
is an establishment or a system for the production and modification of
electric energy.
(d) "Power plant design"
refers to planning, specifying, coordinating layouting of electrical
equipment
in power plants, substations and the like.
(e) "Substation" is
any building, room or separate place which houses or encloses electric
supply equipment connected to transmission or distribution lines and
the
interior of which is accessible, as a rule, only to properly qualified
persons.
(f) "Electrical system
design" refers to the choice of electrical systems, including
planning
and detailing of requirements for protection, control, monitoring,
coordination
and interlocking of electrical systems among others.
(g) "Voltage" is the
highest effective potential difference between any two conductors of
the
circuit concerned expressed in volts.
(h) "Kva" refers to
the installed capacity of an alternating current (A.C.) electric plant
or supply equipment, or the connected load of industrial plants,
commercial
establishments, institutional buildings expressed in kilovolt-amperes.
(i) "Kw" refers to
the installed capacity of a direct current (D.C) electric plant on
board
watercraft expressed in kilowatts.
(j) "Utilization equipment"
refers to energy-consuming equipment including motors, heaters,
furnaces,
light sources and other devices which utilize electric energy, for any
purpose.
(k) "Industrial plant
or factory" refers to manufacturing assembly plants, including
engineering
shops, shipyards or other business endeavors where electrical machinery
and equipment are installed.
(l) "Commercial
establishments"
are department stores, supermarkets, shopping malls, office buildings,
hotels, theaters, stadiums, condominiums, convention centers,
restaurant
and the like, used for business or profit.
(m) "Institutional
buildings"
are school buildings, hospitals, museums, display centers, government
buildings
and the like.
(n) "Watercraft" is
any waterborne unit which is designed and built to have an electric
plant.
(o) "Electric locomotive"
refers to the power plant mounted on wheels as used in the railroad
transportation
industry.
ARTICLE
IIBOARD OF
ELECTRICAL
ENGINEERING
Sec. 3. Composition
of
the Board. - The Board of Electrical Engineering, hereinafter
referred
to as the Board, shall be created as a collegial body under the general
supervision and administrative control of the Professional Regulations
Commission, hereinafter called as the Commission, composed of a
chairman
and two (2) members to be appointed by the President of the Philippines
from among the recommendees of the Commissioner of the Professional
Regulations
Commission, hereinafter referred to as the Commissioner, who were
chosen
from the nominees of the integrated and accredited association of
electrical
engineers and of other registered associations of electrical engineers
and allied fields.
Sec. 4. Powers and Duties
of the Board. - The Board shall exercise executive/administrative
or
quasi-legislative (rule-making) or quasi-judicial (investigative)
powers
in carrying out the provisions of this Act. It shall be vested with the
following specific powers, functions, duties and responsibilities:
(a)
Supervise and
regulate
the practice of electrical engineering in the Philippines;
(b)
Determine and
evaluate
the qualifications of the applicants for registration with or without
licensure
examinations and for special permits;
(c) Prepare
the
examination
questions in accordance with Section 19 hereof or modifications
thereof;
prescribe the syllabi of the subjects and their relative weights for
the
licensure examinations; formulate or adopt test questions and deposit
them
in a test question bank; draw the test questions at random through
process
of computerization; conduct the examination; correct and rate the
examination
papers manually or through process of computerization; and submit the
examination
results to the Professional Regulations Commission (PRC) within the
period
provided for by the rules of the Commission;
(d)
Prescribe, amend
or revise
the requirements for professional electrical engineers and subjects in
the licensure examination for registered electrical engineers and
registered
master electricians and their relative weights, subject to the approval
of the Commission;
(e)
Register
successful applicants
for professional electrical engineers and applicants who have passed
the
licensure examinations for registered electrical engineers or
registered
master electricians and issue the corresponding certificates of
registration
and professional licenses;
(f) Issue
special
permits
to individual foreign electrical engineers and electricians for
specific
projects and for a specific duration of time;
(g) Look
into the
conditions
affecting the practice of the electrical engineering profession, adopt
measures for the enhancement of the profession and the maintenance of
high
professional, technical, and ethical standards and conduct ocular
inspection
of places where registrants practice their profession, such as, but not
limited to: electric plants, substations, industrial plants or
factories,
commercial establishments, institutional buildings, watercrafts,
electric
locomotives, engineering offices, repair shops and similar places to
determine
and enforce compliance with this Act. The Board shall authorize the
duly
integrated and accredited electrical engineering association and other
registered electrical engineering associations to render assistance in
this function;
(h)
Promulgate rules
and
regulations including a code of ethics, administrative policies, orders
and issuances to carry out the provisions of this Act;
(i)
Investigate
violations
of the Act and the rules and regulations, code of ethics,
administrative
policies, orders and issuances promulgated by the Board. The rules on
administrative
investigation promulgated by the Commission shall govern in such
investigation;
(j) Issue
subpoena or
subpoena
duces tecum, to secure the attendance of respondents or witnesses or
the
production of documents at and relative to the investigation conducted
by the Board;
(k)
Delegate the
investigation
of the case to the chairman, a member of the Board or a Professional
Regulations
Commission attorney (PRC attorney). If the case concerns strictly the
practice
of the profession, the investigation shall be presided by the chairman
or a member of the Board with the assistance of a PRC attorney;
(l) Render
decision,
order
or resolution on preliminary investigation or inquiry, on undocketed
cases
and on docketed administrative cases against examinees or registrants
which
shall become final and executory unless appealed with the Commission
within
fifteen (15) days from receipt of the copy thereof. The decision of the
Commission may be appealed to the Court of Appeals in accordance with
the
procedure provided in the Rules of Court;
(m) After
due notice
and
hearing, cancel examination papers and/or bar any examinee from future
examination; refuse or defer his registration; reprimand the registrant
with stern warning; suspend him from the practice of his profession;
revoke
his certificate of registration; delist his name from the roll of
professional
electrical engineers, registered electrical engineers, and registered
master
electricians for continuous non-payment of annual registration fees and
non-compliance with the Continuing Professional Education (CPE)
requirements;
reinstate or reenroll his name in the said roll, reissue or return his
certificate of registration. A decision of suspension, revocation of
the
certificate of registration, or delisting from the roll by the Board as
provided herein, may be appealed initially to the Commission within
fifteen
(15) days from receipt thereof. The decision of the Commission may be
appealed
to the Court of Appeals in accordance with the procedure provided in
the
Rules of Court.
(n)
Administer oaths
in connection
with the administration, implementation, or enforcement of this Act;
(o) Submit
an annual
report
on the proceedings and accomplishments during the year and on
recommendations
of the Board to the Commission after the close of each fiscal year;
(p)
Prosecute or
institute
criminal action against any violator of the Act and/or the rules and
regulations
of the Board;
(q) Adopt
an official
seal;
(r)
coordinate with
the Commission
and the Department of Education, Culture and Sports (DECS) in
prescribing,
amending and/or revising the courses;
(s)
Prescribe
guidelines
and criteria on the CPE program for professional electrical engineers,
registered electrical engineers and registered master electricians and
renew their professional licenses after compliance with the CPE
requirements;
(t) Perform
such
other functions
and duties as may be necessary to implement effectively this Act. The
policies,
resolutions, rules and regulations, orders or decisions issued or
promulgated
by the Board shall be subject to the review and approval by the
commission;
however, the Board's decisions, resolution or orders which are not
interlocutory,
rendered in an administrative case, shall be subject to review only if
on appeal.
Sec. 5. Qualifications of
Board Members. - Each Board member must, at the time of his
appointment:cralaw:red
(a) Be a
natural born
Filipino
citizen and a resident of the Philippines for at least five (5)
consecutive
years;
(b) Be at
least
thirty-five
(35) years of age, of proven integrity with high moral values in his
personal
as well as his professional conduct;
(c) Be a
person with
no final
conviction by the court of an offense involving moral turpitude;
(d) Be a
holder of
the degree
of Bachelor of Science in Electrical Engineering (BSEE) from a
university,
school, college, academy or institute duly constituted, recognized and
accredited by the Philippine government;
(e) Be a
professional
electrical
engineer with a valid certificate of registration and a valid
professional
license duly qualified to practice electrical engineering in the
Philippines;
(f) Have
practiced
electrical
engineering for a period of not less than ten (10) years prior to his
appointment,
with a sworn statement as such; and
(g) Not be
an
official nor
a member of the faculty of, nor have a pecuniary interest in, any
university,
college, school or institution conferring a bachelor's degree in
electrical
engineering for at least three (3) years prior to his appointment, and
is not connected with a review center or with any group or association
where review classes or lectures in preparation for the licensure
examinations
are offered or conducted at the time of his appointment.
Sec. 6. Term of Office.
- The members of the Board shall hold office for a term of three (3)
years
from the date of appointment or until their successors shall have been
appointed and qualified. They may, however, be reappointed for a second
term. Each member shall qualify by taking an oath of office before
entering
upon the performance of his duties.
Vacancies in the Board shall
be filled by the President from the list of recommendees by the
Commissioner
who were chosen from the list of nominees submitted by the integrated
and
accredited association for the unexpired term only.
Sec. 7. Removal of Board
Members. - Any member of the Board may be removed by the President
of the Philippines, upon the recommendation of the Commissioner for
neglect
of duty, incompetence, malpractice, commission or tolerance of
irregularities
in the examinations, or for unprofessional, unethical, or dishonorable
conduct, after having been given the opportunity to defend himself in a
proper administrative investigation.
Sec. 8. Compensation of
Chairman and the Board Members. - The chairman and members of the
Board
shall receive a monthly compensation of no less than twelve thousand
pesos
(P12,000.00): Provided, That the chairman shall receive a
monthly
compensation of ten percent (10%) more: Provided, further, That
such compensation shall be increased or modified pursuant to the
General
Appropriations Act of the year: Provided, furthermore, That
they
shall receive other benefits that may be provided for by law.
Sec. 9. Executive Officer
of the Board. - The Commissioner shall be the executive officer of
the Board and shall conduct the examination given by the Board and
shall
designate any subordinate officer of the Commission to act as secretary
and custodian of all records including all examination papers and
minutes
of the deliberations of the Board.
ARTICLE
IIIEXAMINATION
AND
REGISTRATION
Sec. 10. Examination
Required. - All applicants for registration for the practice of
electrical
engineering in the Philippines shall be required to pass a technical
examination
as hereafter provided except as otherwise specifically allowed under
this
Act.
Sec. 11. Registration
and License Required. - A valid certificate of registration and a
valid
professional license from the Commission are required before any person
is allowed to practice electrical engineering in the Philippines except
as otherwise allowed under this Act.
Sec. 12. Examination Fees.
- All applicants for oral examinations for professional electrical
engineer
and written examinations for registered electrical engineer and
registered
master electrician shall be subject to payment of fees prescribed by
the
Commission: Provided, That ninety percent (90%) of the fees is to be
treated
as a special fund for the programs, projects and activities of the
Commission
and the remaining ten percent (10%) shall be set aside as a trust fund
for the establishment and maintenance of the center for continuing
education
and research.
Sec. 13. Registration
Fees, License Fees and Fines. - All applicants for registration and
license to practice as professional electrical engineer, and registered
master electrician, shall be subject to the payment of registration
fees,
license fees, and fines in case of violation of the pertinent rules and
regulations for the amounts prescribed by the Board and approved by the
Commission: Provided, That fifty percent (50%) from these collections
are
to be treated as a special fund for programs, projects and activities
of
the commission and the other fifty percent (50%) shall be set up in a
separate
special fund for the supervisory and regulatory functions of the Board.
Sec. 14. Exemption from
Examination and Registration. - (a) Examination and registration
shall
not be required of foreign electrical engineers,
erection/commissioning/guarantee
engineers employed as technical consultants by the Philippine
government
or by private firms, for which the pertinent professional society
certifies
that no qualified Filipino professional is available, or of foreign
electrical
installers for the erection and installation of a special project or
for
any other specialized work, subject to the following conditions:
(i) That the
abovementioned
foreign professionals are legally qualified to practice their
profession
in their own country in which the requirements and qualifications for
obtaining
a license or certificate of registration are not lower than those
specified
in this Act;
(ii) That
the scope
of work
to be performed by said foreign professionals shall be limited only to
the particular work for which they were contracted;
(iii) That
prior to
commencing
work, the foreign professional shall secure a special permit from the
Commission;
(iv) That
said
foreign professional
shall not engage in private practice on their own account;
(v) That
for every
foreign
professional contracted pursuant to this section, one Filipino
understudy
who is registered under the provisions of this Act shall be employed by
the private firm utilizing the services of such foreign professional
for
at least the duration of the alien expert's tenure with said firm; and
(vi) That
the
exemption herein
granted shall be good only for six(6) months, renewable for another six
(6) months at the discretion of the Board: Provided, That in case the
foreign
professional ceases to be employed in accordance with this section and
engages in an occupation requiring registration as electrical engineer
such professional must be registered under the provisions of this Act.
(b) No registration with the
Board shall be required of the following:cralaw:red
(i)
Engineering
students,
apprentices and other persons employed or acting as subordinates of, or
undergoing training under a person holding a valid certificate of
registration
and a valid professional license under this Act;
(ii)
Persons in
charge of
or supervising the operation, tending and maintenance of an electric
generating
set for private use employing voltages not exceeding two hundred fifty
volts (250 V) and capacity not exceeding fifty kilovolt amperes (50
kva): Provided, that the owner or operator shall be required
to
have the
electric generating set periodically inspected at intervals of not more
than one (1) year by a professional electrical engineer, a registered
electrical
engineer on a national, city, provincial or municipal government
authority
exercising legal jurisdiction over electrical installations.
Sec. 15. Holding of
Examinations.
- Examinations for the practice of electrical engineering in the
Philippines
should be given twice a year in the City of Manila and other places on
dates that the Board may recommend for determination of scheduling. The
Board shall schedule interview/oral examination of every applicant for
registration as professional electrical engineer only at the office of
the Commission.
To qualified applicants for
examination, notice of admission shall be issued not later than ten
(10)
days prior to the first day of examination.
Sec. 16. Qualifications
of Applicant for Registration as Professional Electrical Engineer.
- Any person applying for registration as professional electrical
engineer
shall establish to the satisfaction of the Board that on or before the
date of registration, he possesses the following qualifications:
(a) He is a
citizen of
the
Philippines;
(b) He is
of good
reputation
with high moral values;
(c) He has
not been
finally
convicted by the court of an offense involving moral turpitude;
(d) He is a
holder of
the
degree of Bachelor of Science in Electric Engineering (BSEE) from a
university,
school, college, academy or institute duly constituted, recognized and
accredited by the Philippine government; and
(e) He is a
registered electrical
engineer with valid certificate of registration and professional
license
and with four (4) years or more of active practice reckoned from the
date
of his registration as a registered electrical engineer.
Sec. 17. Qualifications of
Applicants for Registered Electrical Engineer Examination. - Any
person
applying for admission to the registered electrical engineering
examination,
as herein provided, shall establish to the satisfaction of the Board
that,
on or before the date of the examination, he possesses the following
qualifications:cralaw:red
(a) He is a
citizen of
the
Philippines;
(b) He is
at least
twenty-one
(21) years of age;
(c) He is
of good
reputation
with high moral values;
(d) He has
not been
finally
convicted by the court of an offense involving moral turpitude; and
(e) He is a
holder of
the
degree of Bachelor of Science in Electrical Engineering (BSEE) from a
university,
school, college, academy or institute duly constituted, recognized and
accredited by the Philippine government.
Sec. 18. Qualifications of
Applicants for Registered Master Electrician Examination. - Any
person
applying for admission to the registered master electrician
examinations,
as herein provided, shall establish to the satisfaction of the Board
that,
on or before the date of the examination, he possesses the following
qualifications:cralaw:red
(a) He is a
citizen of
the
Philippines;
(b) He is
at least
eighteen
(18) years of age;
(c) He is
of good
reputation
with high moral values;
(d) He has
not been
finally
convicted by the court of an offense involving moral turpitude; and
(e) He has
any of the
following
technical backgrounds:
(1) Has
completed at
least
three (3) years of a five-year Bachelor of Science in Electrical
Engineering
(BSEE) program or a three-year course in electrical engineering
technology
from an engineering school recognized by the Philippine government and,
in addition, has a subsequent specific record of one (1) year practice
in electrical wiring and installation, operation and maintenance of
utilization
devices and equipment; or
(2) Has
graduated
from a
two-year electrician's course of instruction from a vocational or trade
school recognized by the Philippine government and, in addition, has at
least two (2) years of apprenticeship after completion of the course of
instruction on electrical installation, operation and maintenance of
utilization
devices and equipment; or
(3) Has
completed a
one-year
electrician's course of instruction from a vocational school recognized
by the Philippine government and, in addition, has at least three (3)
years
of apprenticeship after completion of the course of instruction on
electrical
installation, operation and maintenance of utilization devices and
equipment;
or
(4) Has
completed a
four-year
high school education or its equivalent and, in addition, has
subsequent
specific record of at least five (5) years of apprenticeship in
electric
wiring, installation, operation and maintenance of utilization devices
and equipment.
Sec. 19. Scope of
Examination.
- As a prerequisite for registration as professional electrical
engineer,
registered electrical engineer and registered master electrician, the
applicant
shall comply with the following requirements:cralaw:red
(a) Professional electrical
engineer:
For the
purpose of
confirming
the service record and clarifying the technical report submitted by the
applicant for registration as a professional electrical engineer, an
oral
examination or interview shall be conducted on the following documents
to be submitted to the Board:
(1)
Certified
experience
record from the date applicant took oath as a registered electrical
engineer
indicating the inclusive dates, companies worked for, description of
specific
responsibilities, significant accomplishments as well as the name and
position
of immediate supervisors;
(2)
Technical paper
covering
an evaluation, an analysis, a study or a critical discussion of an
electrical
engineering project or subject, on one or several technical aspects
such
as: design, construction, installation, commissioning, testing,
operation,
maintenance, repair, research and the like. The technical paper shall
be
supported by engineering principles and data. Published or unpublished
scientific paper or treatise on electrical engineering theories and
applications
may be considered as complying with the requirement;
(3) Three
(3)
certifications
signed by three (3) professional electrical engineers to the effect
that
the experience record submitted by the applicant is factual and that
the
technical paper submitted was actually prepared by the applicant.
The
applicant must
obtain
passing marks on the experience record and on the technical report in
order
to qualify for registration as a professional electrical engineer.
(b) Registered electrical
engineer:cralaw:red
The
applicant shall pass
a written examination on different subjects or group of subjects as
follows:
(1)
Mathematics, such
as:
algebra, trigonometry, analytic geometry, differential calculus,
integral
calculus, differential equations, complex numbers, probability and
statistics,
advanced engineering mathematics including matrices, power series,
Fourier
analysis, Laplace transforms, and others. The weight is twenty-five
percent
(25%).
(2)
Engineering
sciences
and allied subjects, such as general chemistry, college physics,
computer
fundamentals and programming, engineering materials, engineering
mechanics,
fluid mechanics, strength of materials, thermodynamics, electrical
engineering
law, engineering economics, engineering management, contracts and
specifications,
code of professional ethics, Philippine Electrical Code, Parts 1 and 2
and others. The weight is thirty percent (30%).
(3)
Electrical
engineering
professional subjects, such as: electrical circuits, electronic theory
and circuits energy conversion, power transmission and distribution,
instrumentation
and measurement, circuit and line protection, control systems,
principles
of communication, electrical machines, electrical equipment, components
and devices, electric systems, power plant, electronic power equipment,
illumination, building wiring and others. The weight is forty-five
percent
(45%).
The passing
general
weighted
average rating shall be seventy percent (70%) with no grade below fifty
percent (50%) in any group of subjects listed above.
The
examination
questions
on the foregoing subjects shall cover only basic theories and
principles,
and shall exclude questions based on experience and trade practices.
The
number of questions shall be such that the examination can be finished
in three (3) consecutive eight-hour days.
(c) Registered master
electrician:cralaw:red
The
applicant shall
pass
a written examination on the different subjects or group of subjects as
follows:
(1)
Technical subjects:
- Ohm's
Law:
Calculations
for resistance, current, voltage and power for direct current and
alternating
current circuits.
-
Electrical
machines: Description
and operating principles of motors, generators and transformers.
- Control
equipment: Description
and function of fuses, overload relays, safety switches, magnetic
switches,
circuit breakers, star-delta motor starters, transformer-type motor
starters,
D.C. motor starters.
-
Electrical
components:
Description of resistors, capacitors, inductors and semi-conductors.
-
Maintenance and
repair:
Description of the procedures in the maintenance of electrical
machinery.
- Test
equipment:
Types and
uses of measuring instruments.
-
Electrical
engineering
law provisions pertaining to registered master electrician.
- Other
related
subjects
as may be prescribed by the Board.
(2)
Philippine
Electrical Code,
Parts 1 and 2:
- General
requirements for
installation of electric wiring and equipment.
-
Approved wiring
methods.
- Types
of wiring
materials
and wiring devices.
-
Installation of
switchboard
and panel boards.
-
Installation in
hazardous
locations.
- Wiring
diagrams
of different
types of motor starters with motor protection.
- Drawing
symbols
and wiring
plants.
- Other
related
subjects
as may be prescribed by the Board.
The number of test questions
shall be such that the examinations can be finished in one (1)
eight-hour
day.
The relative weights shall
be fifty percent (50%) for technical subjects and fifty percent (50%)
for
Philippine Electrical Code.
The passing general average
rating shall be seventy percent (70%) with no grade below fifty percent
(50%) in any subject.
Sec. 20. Report of Ratings.
- The Board of Electrical Engineering shall, within one hundred fifty
(150)
days after the date of completion of the examinations, report the
ratings
obtained by each candidate to the Commission.
Sec. 21. Reexamination
of Failed Subjects. - An applicant shall be allowed to retake, any
number of times, only the subject/s in which he has obtained a grade
below
fifty percent (50%). When he shall obtained an average grade of seventy
percent (70%) in the subject/s repeated, he shall be considered to have
passed his licensure examination.
Sec. 22. Oath. - All
successful candidates in the examination shall be required to take a
professional
oath before the Board or any government official authorized to
administer
oaths prior to entering upon the practice of professional electrical
engineer,
registered electrical engineer, and registered master electrician.
Sec. 23. Issuance of
Certificates
of Registration and Professional Licenses. - The registration of
professional
electrical engineer, registered electrical engineer or registered
master
electrician commences from the date his name is entered in the roll of
registrants or licensees for his profession. Every registrant who has
satisfactorily
met all the requirements specified in this Act, upon payment of the
registration
fee, shall be issued a certificate of registration as a professional
electrical
engineer, a registered electrical engineer or a registered master
electrician
that shows the full name of the registrant and with serial number,
signed
by the Commissioner and by the chairman and members of the Board,
stamped
with the official seal, as evidence that the person named therein is
entitled
to practice the profession with all rights and privileges appurtenant
thereto.
The certificate shall remain in full force and effect until withdrawn,
suspended, or revoked in
A professional license signed
by the commissioner and bearing the registration number and date of
issuance
thereof and bearing the registration number and date of issuance
thereof
and the month of expiry or renewability shall likewise be issued to
every
registrant who has paid the annual registration fees for three (3)
consecutive
years and has complied with the requirements of the Continuing
Professional
Education (CPE), unless exempted therefrom. This license will serve as
evidence that the licensee can lawfully practice his profession until
the
expiration of its validity.
Sec. 24. Continuing
Professional
Education Program. - The CPE guidelines shall be prescribed and
promulgated
by the Board subject to the approval of the Commission, after
consultation
with the integrated and accredited electrical engineering associations,
other associations of the electrical engineering profession, and other
concerned sectors. The Board shall incorporate in the said guidelines
the
creation of a CPE council that shall be composed of officers coming
from
the Board, the Commission, the integrated and accredited electrical
associations,
and other concerned sectors. It shall be vested with the functions,
duties
and responsibilities to implement the guidelines and shall have the
juridical
personality that is distinct and separate from and independent of the
Board,
the Commission, the integrated and accredited electrical engineering
association,
and other associations of the electrical engineering profession.
Sec. 25. Integration of
the Electrical Engineering Professions. - The electrical
engineering
professions shall be integrated into one national organization which
shall
be recognized by the Board as the one and only integrated and
accredited
association of professional electrical engineers, registered electrical
engineers and registered master electricians. Every professional
electrical
engineer, registered electrical engineer and registered master
electrician
upon registration with the Board as such, shall ipso facto, become a
member
of the integrated national organization. Those who have been registered
with the Board but are not members of the said organization at the time
of the effectivity of this Act, shall be allowed to register as members
of the said integrated organization within three (3) years after the
effectivity
of this Act. Membership in the integrated organization shall not be a
bar
to membership in the other associations of the electrical engineering
profession.
The professional electrical
engineer, registered electrical engineer, and registered master
electrician
shall receive the benefits and privileges appurtenant to this listed
membership
in the duty integrated and accredited electrical engineering
association
only upon payment of the required membership fees and dues.
Sec. 26. Seal of
Professional
Electrical Engineer. - All licensed professional electrical
engineers
may obtain a seal of a design prescribed by the Board bearing the
registrant's
name, the certificate number and the legend "Professional Electrical
Engineer."
Plans, specifications, reports and other professional documents
prepared
by or executed under the immediate supervision of and issued by a
licensee,
shall be stamped on every sheet with said seal when filed with
government
authorities or when submitted or used professionally: Provided,
however,
That it is unlawful for anyone to stamp or seal any document with said
seal after the registrant's name has been delisted from the roster of
professional
electrical engineers or after the validity of his professional license
has expired.
The registrant shall be allowed
again to use his seal or stamp in the documents he prepares, signs or
issues
only after he is reinstated to the practice of his profession and
reissued
a new professional license.
Sec. 27. Indication of
Registration/Professional License Number. - The professional
electrical
engineer, registered electrical engineer, or registered master
electrician
shall be required to indicate his registration/professional license
number,
the date registered, and the date of its expiry in the documents he
signs,
uses or issues in connection with the practice of his profession.
Sec. 28. Refusal to Issue
Certificates. - The Board of electrical engineering shall not
issue
a certificate of registration to any person convicted by the court of
any
criminal offense involving moral turpitude or to any person guilty of
immoral
or dishonorable conduct or to any person of unsound mind. In the event
of refusal to issue certificates for any reason, the Board shall give
the
applicant a written statement setting forth the reasons for such
action,
which statement shall be incorporated in the records of the Board.
After no less than a year
from the finality of the Board's decision, the Board, out of equity and
justice, may recommend to the Commission the issuance of the
certificate
of registration to the applicant.
Sec. 29. Revocation of
Certificates of Registration and Suspension from the Practice of the
Profession.
- The Board shall have the power, upon proper notice and hearing, to
revoke
any certificate of registration of any registrant, to suspend him from
the practice of his profession or to reprimand him for any cause
specified
in the preceding section, or for the use of, perpetration of any fraud
or deceit in obtaining a certificate of registration, or for gross
negligence
or incompetence or for unprofessional or dishonorable conduct; for
violation
of this Act, the rules and regulations and other policies of the Board
and the Code of Professional Ethics.
It shall be sufficient ground
for the revocation of a certificate issued to a person under this Act,
and his suspension from the practice of his profession for
unprofessional
or dishonorable conduct, if:
(a) Being a
professional
electrical engineer, he has signed and affixed his seal on any plan,
design,
technical reports, valuation, estimate, specification or other similar
document or work not prepared by him or not executed under his
immediate
supervision;
(b) He has
represented himself
as having taken charge of or supervised: any electrical construction or
installation; operation, tending and maintenance of any electric plant;
manufacture or repair of electrical equipment, teaching of electrical
engineering
subjects; sale or distribution of any electric supply or utilization
equipment
requiring engineering calculations or application of engineering
principles
and data, without actually having done so.
The decision of the board shall
be final and executory unless it is appealed by the respondent to the
Commission
within fifteen (15) days from the receipt of such decision. The Board's
or Commission's decision is appealable by the respondent to the Court
of
Appeals in accordance with the procedure provided under the Rules of
Court.
Any person, firm, association
or corporation may file charges in accordance with the provisions of
this
section against any licensee, or the Board may, on its own initiative
(motu
propio) investigate and/or take cognizance of acts and practices
constituting
cause for suspension or revocation of the certificate of registration
by
proper resolution or order, such charges shall be in writing and shall
be sworn to by the person making them and shall be filed with the Board.
The rules and regulations
of the Commission on administrative investigation shall govern the
procedure
and conduct of administrative investigation before the Board.
The respondent shall have
the right to a speedy and public hearing and to confront and
cross-examine
witnesses against him.
Sec. 30. Re-issuance of
Revoked Certificates and Replacement of Lost Certificates. -
Subject
to the approval of the Commission, the Board may, after the expiration
of one (1) year from the date of revocation of a certificate, for
reasons
it may deem sufficient, entertain an application for a new certificate
in the same manner as application for an original one. It may exempt
the
applicant from the necessity of undergoing an examination.
A new certificate of
registration
to replace any certificate that has been lost, destroyed or mutilated
may
be issued, subject to the rules of the Board.
ARTICLE
IVSUNDRY
PROVISIONS
RELATIVE
TO THEPRACTICE
OF
ELECTRICAL
ENGINEERING
Sec. 31. Field of
Practice.
- The field of practice for professional electrical engineers,
registered
electrical engineers, and registered master electricians shall be as
follows:cralaw:red
(a) A
professional
electrical
engineer's field of practice includes the sole authority to seal
electrical
plans, etc., and to practice electrical engineering in its full scope
as
defined in this Act;
(b) A
registered
electrical
engineer's field of practice includes charge or supervision of
operation
and maintenance of electrical equipment in power plants, industrial
plants,
watercraft, electric locomotive, and others; manufacture and repair of
electrical supply and utilization equipment including switchboards,
power
transformers, generators, motors, apparatus, and others; teaching of
electrical
subjects; and sale and distribution of electrical equipment and systems
requiring engineering circulations or application of engineering data;
and
(c) A
registered
master electrician's
field of practice includes the installation, wiring, operation,
maintenance
and repair of electrical machinery, equipment and devices, in
residential,
commercial, institutional, commercial and industrial buildings, in
power
plants, substations, watercrafts, electric locomotives, and the like:
Provided,
That if the installation or the machinery is rated in excess of five
hundred
kilovolt-amperes (500 Kva), or in excess of six hundred volts (600 V)
the
work shall be under the supervision of a professional electrical
engineer
or a registered electrical engineer.
Sec. 32. Prohibition in the
Practice of Electrical Engineering. - No person shall:cralaw:red
(a) Practice
or offer to
practice electrical engineering in the Philippines without having
previously
obtained a certificate of registration and a professional license from
the Board of Electrical Engineering except as provided for in Section
14
hereof;
(b) Use, or
attempt
to use
as his own, certificate of registration, professional license or the
seal
of another;
(c) Give
false or
forged
evidence of any kind to the Board or to any member thereof in obtaining
a certificate of registration or professional license;
(d) Falsely
impersonate any
registrant of like or different name;
(e) Attempt
to use a
revoked
or suspended certificate of registration or an expired professional
license;
(f) Use, in
connection with
his name or otherwise assume, use or advertise any title or description
tending to convey the impression that he is a professional electrical
engineer,
registered electrical engineer, or registered master electrician
without
holding a valid certificate or a valid license; and
(g) Sign a
document
involving
electrical design, plan, technical specification, valuation and the
like
on behalf of a professional electrical engineer.
Sec. 33. Personnel Required.
- Except as otherwise provided in this Act, every electric plant,
industrial
plant or factory, commercial establishment, institutional building,
watercraft,
electric locomotive or in any other installation where persons and
properties
are exposed to electrical hazards shall not have less than the
following
complement of professional electrical engineer, registered electrical
engineer,
and registered electrical engineer, and registered master electricians:cralaw:red
(a) Electric
plants with
total installed generating capacity of any size and employing voltages
of any standard rating - one (1) professional electrical engineer or
one
(1) registered electrical engineer. However, for capacities up to five
hundred-kilovolt amperes (500 Kva) and employing voltages of up to six
hundred volts (600 V) - one (1) registered master electrician;
(b)
Industrial plants
or
factories, commercial establishments, or institutional buildings having
a connected Kva load of any size and employing voltages of any standard
rating - one (1) professional electrical engineer or one (1) registered
electrical engineer. However, for connected loads up to five hundred
kilovolt-amperes
(500 Kva) and employing voltages up to six hundred volts (600 V) - one
(1) registered master electrician;
(c)
Watercrafts or
electric
locomotives with installed generating capacity up to the maximum size
and
voltage available for these units - one (1) professional electrical
engineer
or one (1) registered electrical engineer. However, for generating
capacities
up to five hundred kilovolt-amperes/kilowatt (500 Kva/Kw) and employing
voltages up to six hundred volts (600 V) - one (1) registered master
electrician.
Provided, however, That
in all the aforementioned cases, additional qualified personnel shall
be
employed to ensure safe operation and safeguard public welfare, life
and
property: Provided, further, That when the operation requires
more
than one shift of personnel every twenty-four (24) hours, the minimum
complement
of qualified personnel shall be employed in each shift.
This section, however, shall
not apply to any installation which has a connected load of fifty
kilovolt-amperes
(50 Kva) or less and employs voltages of not more than two hundred
fifty
volts (250 v) and for installations which are designed to be automatic
and do not require resident personnel for their safe operation:
Provided,
however, That their maintenance and repair shall be under the charge of
a duly registered personnel: Provided, further, That a yearly
inspection
will be conducted and certified to be in a safe operating condition by
a professional electrical engineer, a registered electrical engineer,
or
a registered master electrician.
Sec. 34. Preparation of
Plans, Supervision of Installation, Application of the Philippine
Electrical
Code. - It shall be unlawful for any person not authorized under
this
Act to prepare plans, electrical valuations or specifications for any
electrical
wiring, equipment or system; and no installation thereof shall be
undertaken
unless the plans, designs, valuations and specifications have been
prepared
by or under the responsible charge of, and signed and sealed by a
professional
electrical engineer; and a construction permit for the execution
thereof
is first secured; and unless the work is done in accordance with the
Philippine
Electrical Code and is executed under the responsible charge or
supervision
of a professional electrical engineer, a registered electrical
engineer,
or a registered master electrician, as the case may be, and the
routinary
fiscal and ministerial requirements of the government agency, if any,
exercising
jurisdiction over the particular installation have been complied with.
Sec. 35. Practice Not
Allowed for Firms and Corporations. - The practice of electrical
engineering
is a professional service admission to which is based on individual and
personal qualifications. Hence, no firm or corporations may be
registered
or licensed as such for the practice of electrical engineering.
However, persons properly
qualified and licensed as professional electrical engineers may, among
themselves, form a partnership or association and collectively render
electrical
engineering service. Individual members of such partnerships or
associations
shall be responsible for their own respective acts.
Sec. 36. Posting of
Certificates.
- The owner, manager or the person in charge of an electric plant,
industrial
plant or factory, commercial establishment, institutional building,
watercraft,
or electric locomotive shall post or cause to be posted in a
conspicuous
place within such plant or establishment the certificate of
registration
of the engineers or electricians employed in such plant or
establishment,
in a frame protected by transparent glass or equivalent.
Sec. 37. Certificate of
Specialty. - Certificates of specialty shall be issued by the
Board,
subject to the approval of the Commission, to professional electrical
engineers
who have been screened and recommended by the integrated and accredited
electrical engineering association. These are for specific fields in
which
the applicants have specialized knowledge, training and experience and
have demonstrated their competence and expertise. The Board shall,
subject
to the approval of the Commission, and after consultation with the said
association, prescribe and issue the necessary guidelines for the
issuance
of these certificates.
Sec. 38. Foreign
Reciprocity.
- No foreign engineer shall be admitted to take a board examination, be
given a certificate of registration, or be entitled to any of the
rights
and privileges under this Act unless the country of which he is a
subject
or citizen specifically permits Filipino engineers to practice within
its
territorial limits on the same basis as the subjects or citizens of
such
country.
Sec. 39. Enforcement of
the Act by Officers of the Law. - It shall be the duty of all
constituted
officers of the law of the national government, or any provincial, city
or municipal government or of any political subdivision thereof to
prosecute
any person violating the provisions of this Act. The Secretary of
Justice
or his assistant shall act as legal adviser of the Board and render
such
legal assistance as may be necessary in carrying out the provisions of
this Act.
Sec. 40. Penalty Clause.
- Any person who shall violate any of the provisions of this Act shall
be guilty of misdemeanor and shall, upon conviction, be sentenced to a
fine of not less than Ten thousand pesos (P10,000.00) nor more than
Fifty
thousand pesos (P50,000.00) or imprisonment for a period not less than
six (6) months nor more than five (5) years or both at the discretion
of
the court.
ARTICLE VTRANSITORY
PROVISIONS
Sec. 41. Terms of
Office
of Board Members. - Upon approval of this Act, the incumbent
chairman
and two (2) members of the Board shall continue to serve until their
terms
of office expire or until their replacements have been appointed by the
President and shall have been duly qualified.
Sec. 42. New Certificates
of Registration and Professional Licenses. - (a) Associate
electrical
engineers and assistant electrical engineers with valid certificates of
registration and professional license issued under Republic Act No. 184
shall register within two (2) years from the effectivity of this Act
and
be issued new certificates of registration and new professional license
as registered electrical engineers under this Act to replace their
original
ones. Their serial numbers shall be provided by the registration
division
of the Commission.
(b) Master electricians with
valid certificates of registration and professional licenses under
Republic
Act No. 184 shall register within two (2) years from the effectivity of
this Act and be issued new certificates of registration and new
professional
licenses as registered master electricians with the same serial numbers
as their old ones to replace their original certificates and licenses.
ARTICLE
VIFINAL
PROVISIONS
Sec. 43. Repealing
Clause.
- Republic Act No. 184 and existing provisions of provincial, city or
municipal
ordinances or regulations pertaining to examinations for electrical
contractors,
electrical inspectors, or electricians, and all other laws, part of
laws,
orders, ordinances or regulations in conflict with this Act are hereby
repealed or amended accordingly.
Sec. 44. Separability
Clause. - If any part of this Act or the application of such
provision
or circumstance is declared unconstitutional, the remainder of this Act
or the application of such provision to other persons or circumstances
shall not be affected by such declaration.
Sec. 45. Effectivity Clause.
- This Act shall take effect after thirty (30) days following its full
publication in the Official Gazette or newspaper of general circulation.
Approved:
February 24, 1995
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