REPUBLIC ACT NO. 5734 - THE
ELECTRONICS AND COMMUNICATIONS ENGINEERING ACT OF THE PHILIPPINES
Section 1. Title of Act. — This Act shall be known and cited
as the "Electronics and Communications Engineering Law of the
Philippines."
Sec. 2. Practice of Electronics and Communications
Engineering. — (a) No person shall offer himself in the Philippines as,
or use the title "Electronics and/or Communications Engineer" or any
word, letter, figure, or sign whatsoever, tending to convey the
impression that he is an electronics and/or communications engineer, or
advertise or indicate in any manner that he is qualified to perform the
work of an electronics and communications engineer without holding a
valid certificate of registration as electronics and communications
engineer issued by the Board in accordance with this Act, except as
provided under Section eleven hereof.
(b) It shall be unlawful for any firm, company, or
corporation, to offer itself to the public as electronics and
communications engineer without the certification, supervision and/or
guidance a duly registered electronics and communications engineer.
Sec. 3. Registration — Certificates of
Registration. — A certificate of registration for electronics and
communications engineer shall be issued to any applicant who passes the
examination hereinafter provided upon payment of the required fees:
Provided, That, the first Board may issue within a period not exceeding
two years from the composition of the said Board, a certificate of
registration as electronics and communications engineer, without the
necessary of undergoing the examination herein prescribed to its
members and to any applicant who, with his application for registration
as electronics and communications engineer, shall present evidence or
other proof satisfactory to the Board showing (a) that he has a
specific record of at least ten years of active practice in electronics
and/or communications engineering, (b) that he is of a responsible
character indicating that he may be entrusted to perform or render
professional electronics and/or communications engineering service as
defined in this Act, and (c) who is a bona fide member of any
officially registered association of electronics and communications
engineers in the Philippines.
Every certificate of registration shall show the full name of the
registrant with a serial number, and shall be signed by the members of
the Board, attested to by the Secretary of the Board of Examiners and
duly authenticated by the official seal of the Board.
The certificate of registration issued by the Board to the registrant
shall be evidence that the person named therein is entitled to the
rights and privileges of a registered electronics and communications
engineer while said certificate remains in force or unrevoked.
Sec. 4. Board Examination. — Except as otherwise
specially provided herein, all applicants for registration as
electronics and communications engineer shall undergo the required
technical examination in accordance with this Act.
Sec. 5. Pre-qualifications for Examination. — In
order to be admitted to the electronics and communications engineering
examination, an applicant must, at time of the filing of his
application therefor, establish to the satisfaction of the Board that:
(a) He is at least twenty-one years of
age;
(b) He is a citizen of the Philippines or of a
foreign country qualified to take the examination under Section twenty-three of this Act;
(c) He is of good moral character;
(d) He is a holder of the degree of Bachelor of
Science in Electronics and Communications Engineering, or such
equivalent engineering course from any school, institute, college, or
university recognized by the Government or the State where it is
established, after completing a resident collegiate course of not less
than four years: Provided, That within three years after the approval
of this Act, holders of a certificate of Associate in Electronics and
Communications Engineering or any allied engineering course or holder
of a valid first class radiotelegraphy or radiotelephony commercial
operator license with at least five years active practice in
electronics, communications, or allied fields shall be qualified to
take the electronics and communications engineering
examination.
Sec. 6. Schedule of Examination. — Examinations
for candidates desiring to practice electronics and communications
engineering in the Philippines shall be given by the Board twice a year
in the City of Manila or in such other places as may be deemed
necessary and expedient by the Board.
Sec. 7. Scope of Examination. — The examination
for the practice of electronics and communications engineering in the
Philippines shall consist of written tests which shall cover such
subjects as the Board may prescribe.
Sec. 8. Rating in the Examination. — To pass the
examination, a candidate must obtain an average of seventy per cent,
with no rating below fifty per cent in any subject: Provided, That an
applicant who fails to obtain a passing average but who obtained at
least seventy per cent in each of at least one-half of the total
subjects given in the examination, may be permitted to take within two
years from the date of his examination, another examination on the
subjects in which he obtained a grade below seventy per cent. Should
the examinee fail in the set of subject repeated in the second
examination, he shall be required to take all the subjects in the next
examination.
Sec. 9. Report of Rules of Examination. — Within
ninety days after the examination, the Board shall report the result
thereof to the Commissioner of Civil Service, who shall act thereon
within thirty days from receipt thereof.
SECTION 10. Fees for Examination and Registration. —
Every applicant for examination for electronics and communications
engineering shall pay an examination fee of forty-five pesos and a
registration fee of ten pesos.
Every applicant for registration without examination shall pay a fee of
fifty-five pesos.
The fee for a duplicate certificate shall be ten pesos.
All fees shall be paid to the disbursing officer designated by the
Board and such officer shall pay from the receipt, thereof all the
authorized expenses of the Board, including the compensation of each
member.
SECTION 11. Roster of Electronics and Communications
Engineers. — A roster showing the names, the addresses and places of
business of all registered electronics and communications engineer
shall be prepared by the Secretary of the Board during the month of
July every year, commencing one year after the date the first Board has
been constituted. Copies of this roster shall be mailed to each person
so registered, and the Secretary of Labor with copies furnished to all
department heads, to the mayors of all chartered cities, to the Radio
Control Office, to the Public Service Commissioner, to the Collector of
Customs, to the Commissioner of Immigration and to such other bureaus
or government agencies and provincial, city, and municipal authorities
as may be deemed necessary and to the public upon request.
SECTION 12. Creation and Composition of the Board. —
There is hereby created a Board of Examiners for Electronics and
Communications Engineers, hereinafter referred to as the Board. It
shall be composed of a chairman and two members, all to be appointed by
the President of the Philippines, with the consent of the Commission of
Appointments, from among the registered practicing electronics and
communications engineers of recognized standing in the Philippines as
certified to by any officially registered association of electronics
and communications engineers in the Philippines who possess the
qualifications prescribed in this Act. The members of the first Board
shall be appointed within two years from the approval of this Act from
among those certified as duly qualified by the Institute of Electronics
and Communications Engineers of the Philippines, a technical
professional association duly organized under the laws of the
Philippines.
SECTION 13. Powers and Duties of the Board. — The
Board is vested with the authority, conformably with the provisions of
this Act, to:
I. (a) Administer the provisions of this Act.
(b) Administer oaths in connection with the
administration of this Act.
(c) Issue, suspend, or revoke certificate of
registration for the practice of electronics and communications
engineering for justifiable cause.
(d) Study the conditions affecting the electronics
and communications engineering profession in the Philippines, and
exercise the powers conferred upon it by this and other Acts with a
view to the promotion and maintenance of ethical, moral, and
professional standards in the practice of electronics and
communications engineering.
(e) Study, examine and prescribed, in cooperation
with the Department of education, the essential requirements as to
curricula and facilities of schools, colleges, or universities seeking
permission to open courses or already offering courses in electronics
and communications engineering and to see to it that these
requirements, including employment of qualified faculty members, are
properly complied with.
( f ) Recommend to the Department of Education or
other entity concerned with the granting of school permits or
authorization, the opening of colleges or schools and universities in
electronics and communications engineering.
(g) Investigate violations of this Act and, for this
purpose issue subpoena and subpoena duces tecum to secure attendance of
witnesses and the production of documents in connection with the
charges presented to and/or any investigation pending before the Board;
and if any person shall refuse to obey any subpoena so issued or shall
refuse to testify or produce any book, document, or other pertinent
evidence required thereunder, the Board may petition the proper court
of first instance setting forth the facts and thereupon such court, in
a proper case, shall issue a subpoena to said person, requiring him to
appear before the Board, and there to testify and/or produce such
books, papers, documents or other pertinent evidence as may be required
by such subpoena. Any person failing or refusing to obey the subpoena
or order of the said court shall be held liable in the same manner as
for refusal to obey any other subpoena or order of the court.
(h) Establish and administer a code of ethics and
fair practice for electronics and communications engineers of the
Philippines.
(i) Recommend or adopt from time to time and whenever
necessary, such measures as may be deemed proper for the advancement of
the profession in keeping with the progress of the
industry.
( j) Promulgate such rules and regulations as may be
necessary to carry out the provisions of this Act.
II. Refusal to Issue a Certificate in Certain Cases.
— The Board shall refuse to issue a certificate of registration to any
person convicted by a court of competent jurisdiction of any crime
involving moral turpitude, to any person of immoral or dishonorable
conduct, and to any person of unsound mind, furnishing the party
concerned a written statement containing the reason or reasons for such
action, which statement shall be incorporated in the records of the
Board.
III. Revocation and Suspension of Certificates. — The
Board shall revoke or suspend the validity of a certificate of
registration as electronics and communications engineer issued to any
registrant for any of the causes mentioned in the preceding section, or
for unprofessional or unethical conduct, malpractice, incompetence, or
where fraud, deceit, or false statement was employed in obtaining said
certificate of registration.
IV. Appeal from Judgment. — The decision of the Board
shall become final after thirty-days from the date of its promulgation
unless within said period any interested party has perfected an appeal
to the Office of the President whose decision shall be final.
V. Reinstatement and Replacement of Certificates. —
The Board, upon application and for reasons of equity and justice may
reinstate the validity of a suspended certificate, or issue another
certificate in lieu of one previously revoked, upon payment of the
required fees, at least two years after such suspension or revocation.
A new certificate of registration to replace any certificate lost,
destroyed, or mutilated, may be issued, subject to the rules of the
Board and upon payment of the required fee.
SECTION 14. Qualifications of Board Members. — Each
member of the Board at the time of his appointment must be:
(a) A citizen and resident of the Philippines;
(b) At least thirty-one years of age, and of good
moral character;
(c) A registered electronics and communications
engineer under this Act:
(d) Actually in active practice of the electronics
and communications engineering occupation for at least ten years, in
the government service or in private;
(e) Not a member of the faculty of any school,
institute, college, or university where a regular course in
electronics, communications or radio is taught, or if he has been such
a faculty member, he has stopped teaching therein for at least three
consecutive years immediately preceding his appointment;
and
( f ) Not financially interested directly or
indirectly, in any school, institute, college, or university where a
regular course in electronics and/or communications engineering is
taught.
SECTION 15. Term of Office. — The members of the
Board shall hold office for a term of three years: Provided, That the
first appointee to the Board shall hold office for the following terms:
One member for one year, the other member for two years, and the third
member for three years. Any vacancy occurring within the term of a
member shall be filled for the unexpired portion of the term only. Each
member of the Board shall take the proper oath prior to the assumption
of office.
SECTION 16. The Executive Officer and the Secretary
of the Board. — The Commissioner of Civil Service shall be the
Executive Officer of the Board and shall conduct the examination given
by the Board according to the rules and regulations promulgated by him.
The Secretary of the Board of examiners shall also be the Secretary of
the Board. All records of the Board, including examination papers,
minutes of deliberations, and records of administrative proceedings and
investigations shall be kept by the Commissioner of Civil Service.
SECTION 17. Compensation of the Board. — The members
of the Board shall each receive, as compensation, a fee of ten pesos
for each applicant examined and ten pesos for each certificate of
registration granted without prior examination.
SECTION 18. Removal of Board Members. — The President
of the Philippines upon recommendation of the Commissioner of Civil
Service may suspect or remove any member of the Board for continued
neglect of duty, incompetence, commission or tolerance or
irregularities in the examination, malpractice, or unprofessional or
unethical conduct, after having given the member concerned an
opportunity to be heard and/or to defend himself in a proper
administrative investigation.
SECTION 19. Publication in Official Gazette. — All
rules, regulations, and code of ethics promulgated by the Board under
the provisions of this Act shall be published in the Official Gazette,
and shall be effective fifteen days after publication therein.
Sec. 20. Annual Report. — The Board shall submit
an annual report to the President of the Philippines at the close of
each year embodying such recommendation as it may deem proper.
Sec. 21. Definitions. — The following definitions,
unless the context otherwise requires, shall govern in the application
and construction of this Act.
(a) Board. — The Board of Examiners for Electronics
and Communications Engineers.
(b) Communications. — The process of sending and/or
receiving messages between two or more points by radio, electronics, or
other electrical devices.
(c) Electronics. — The science dealing with the
development and application of devices and systems involving the flow
of electrons in a vacuum, in gaseous media, plasma, and in
semi-conductors.
(d) Electronics and Communications Engineer. — A
person who is qualified to hold himself out as an electronics and
communications engineer under this Act and to affix to his name the
letters "E.C.E."
Sec. 22. Enforcement of the Act by Officers of the
law. — It shall be the duty of all duly constituted officers of the law
of the National Government, or of any provincial, city or municipal
government, to enforce the provisions of this Act and to prosecute any
person violating the same. The Secretary of Justice shall act as legal
adviser of the Board and shall render such legal assistance as may be
necessary in carrying out the provisions of this Act.
Sec. 23. Foreign Reciprocity. — No foreigner shall
be admitted to an examination or registration as electronics and
communications engineer under this Act unless he proves in the manner
as provided by the Board that, by specific provisions of law, the
country, state or province of which he is a citizen, subject, or
national admits Filipino Citizens to the practice of electronics and
communications engineering after an examination on terms of strict and
absolute equality with the citizens, subjects, or national of said
country, including the conditional recognition of prerequisite degrees
issued by institutions of learning duly recognized by the Government of
the Philippines.
Sec. 24. Penal Provisions. — The following shall
be punished by a fine of not less than two thousand pesos for more than
five thousand pesos, or by imprisonment for not less than six months
nor more than six years, or both, in the discretion of the
court:
(a) Any person who shall give any false or fraudulent
statement to the Board to obtain a certificate of registration as
electronics and communications engineer:
(b) Any person who shall present or use as his own a
certificate of registration issued to another under this Act;
(c) Any person who shall present or use a revoked or
suspended certificate of registration as electronics and communications
engineer;
(d) Any person who shall assume, use, or advertise as
electronics and communications engineer, or append to his name,
letters, or words tending to convey the impression that he is a
registered electronics and communications engineer when in fact he is
not duly registered with the Board as such;
(e) Any electronics and communications engineer, or
any person on his behalf, who shall stamp or seal any document with his
seal as such after his certificate of registration has expired or has
been suspended or revoked;
( f ) Any electronics and communications engineer who
shall sign his name, affix his seal, or use any other method of
signature on plans, technical description, or other documents prepared
by or under another electronics and communications engineer's
supervision, unless the same is prepared in such manner as to clearly
indicate the part or parts of such work actually performed by the
former;
(g) Any person, except the electronics and
communications engineer in charge, who shall sign for any branch of the
electronics and communications engineering work, or any function or
engineering practice not actually performed by him;
(h) Any person holding a certificate of registration
who shall engage in illegal wire-tapping and/or the employment of
electronics devices in violation of the privacy of another or in
disregard of the privilege of private communications or maintain an
unlicensed and/or unregistered communications system or device; and
(i) Any person who shall violate any provision of
this Act or any rules and regulations promulgated under this Act.
Sec. 25. Appropriations of Funds. — The sum of ten
thousand pesos is hereby appropriated, out of any funds in the National
Treasury not otherwise appropriated, to be disbursed by the Board in
accordance with the provisions of this Act. All sums collected in
accordance with this Act shall be paid into the National Treasury as
part of the General funds thereof: Provided, That during the first
twelve months of the operation of this Act, any portion of the sums
collected may be used for the purpose of this Act to cover disbursement
in excess of the amount appropriated herein.
Sec. 26. Repealing Clause. — All laws, executive
orders, rules, regulations, or parts thereof in conflict with the
provisions of this Act are hereby repealed or amended accordingly.
Sec. 27. Separability of Provisions. — If any
provisions of this Act or any portion thereof is declared
unconstitutional by any competent court, the other provisions thereof
shall not be affected thereby.
Sec. 28. Effectivity. — This Act shall take effect
upon its approval.
Enacted without Executive
approval, June 21, 1969.
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