Ecelaws
Ecelaws
Public Law
❖ Governs relationships between individuals and the government
❖ It deals with those areas of law where the interests of the public are the principal factor.
Private law
❖ includes the rights and obligations of individuals, families, businesses and assist citizens in disputes that
involve private matters.
Criminal Law:
❖ the body of law defining crimes and defining the penalties.
❖ law that is concerned with breach of public duty and is punishable by the state on behalf of society. ❖ a set of
rules and regulations that describe behaviors that are prohibited by the government. The behaviors
generally involve things that would affect public safety and the welfare of society as a whole.
Classification of Crimes
❖ Felony: crime for which the potential penalty is imprisonment for more than one year and
are usually more serious crimes.
❖ Misdemeanor: crime for which the potential penalty is imprisonment for one year or less and
are usually minor crimes
Parties to Crimes
❖ Principal: person who commits a crime
❖ Accomplice: someone who helps another person commit a crime.
o Can be charged with and convicted of the same crime as the principal.
❖ Accessory before the fact: a person who orders the crime or who helps the principal commit the crime
but who is not present for the crime
o Can be charged and have the same punishment as the principal
Engr. Maureen R. Moral, PECE 1 | P a g e
Handout in ECE LAWS, CONTRACTS, ETHICS, STANDARDS & SAFETY College of Engineering, LSPU SPCC
❖ Accessory after the fact: knowing that the crime was committed, a person helps the principal or
an accomplice to avoid capture or arrest.
o Not charged with the same crime but is charged with another crime (ex. harboring a
fugitive)
*Accessory After the Fact-If a person knows a crime has been committed but helps the person who
committed the crime escape or hide from the police, he or she may be charged as an accessory.
Civil Laws
❖ It seeks to resolve non-criminal disputes between individuals, groups and organizations who seek an
award or remedy of compensation for their troubles.
❖ A civil court is a place where people can solve their problems with others peacefully.
*DUE PROCESS OF LAW- The rights of people suspected of or charged with crimes.
Handout # 2: CONTRACTS
WHAT IS A CONTRACT?
• A promise, or set of promises in which a breach of it, the law gives a remedy. • A legally
enforceable agreement that generates rights and obligations that may be enforced in courts
• the performance of which the law recognizes as a duty.
• “Article 1305 (Civil Code of the Philippines) . A contract is a meeting of minds between two persons
whereby one binds himself, with respect to the other, to give something or to render some service.
(1254a)”
*A contract is a specific type of agreement that, by its terms and elements, is legally binding and
enforceable in a court of law.
Freedom of contract: “Contract is an instrument of free bargaining between parties on the basis of
equality”.
Elements of a Contract
• Agreement
• offer, and
• acceptance
• Consideration
• It can take the form of money, goods, or services, but both parties must provide something of
value for a contract to be formed.
*If only one side provides something, it is a gift, not a contract.
• Capacity or Competence
• No party can be a:
• minor,
• under the influence of drugs or alcohol,
• mentally deficient in a way that would prevent them from understanding the terms of
the contract.
• A non-competent party to a contract may disown the contract, which would render it void. •
Legality
• The contract must be for a lawful purpose.
*So long as a contract meets all the elements for a contract, it is enforceable in a court of law.
Types of Contracts
• Bilateral: both parties make a promise.
• Unilateral: one party makes a promise that the other party can accept only by
doing something
*Unilateral contract – the performance remains outstanding on 1 party only (i.e. the offeror), while the other
party (i.e. the offeree/acceptor) having already performed what is required of it.
Offer
An offer – a promise or proposal made by the offeror to the offeree (note: not necessarily the performer)
with the intention to be bound by such promise or proposal without further negotiation.
Termination of Offer
• By acceptance
• By rejection
• By revocation
• By lapse of reasonable time
• By death of the offeror or the offeree.
*After termination, the offer is no longer a valid offer and cannot be accepted.
TERMINATION OF CONTRACT
Termination of Contracts or Discharge of a contract means that the parties are released from their
obligations stated in the contract.
• they no longer have to do what they have agreed.
I. Discharge by Performance
• Once the parties have done what they promised to do, then the contract is discharged •
The parties no longer have any obligations with each other.
Damages Awarded
The purpose of an award of damages is to compensate the injured party (non-breaching
party)
1. Compensatory Damages
• An award of compensatory damages is the most common of the legal remedies for breach
of contract.
• The calculation of compensatory damages is based on the actual losses you have
sustained as a result of the breach of contract. They typically fall into two categories:
Expectation damages and Consequential damages.
Expectation Damages
Expectation damages: Those that directly result from the breach of contract.
For Example:
• A company that provides bus tours enters into a contract to buy a bus for P2M. •
However, the seller backs out of the contract and refuses to sell the bus. • The bus
company finds another seller with a similar bus, but they won’t take less than P2.1M.
• The expectation damages would be P100,000—the difference between the
contract price
and the amount the company had to pay another seller for the same purchase of bus.
Consequential Damages
Those that flow as a natural consequence of the breach. Consequential damages often comprise
profits that a company lost as a result of the breach.
• In the case of the bus example, if it took an extra week to secure the new bus. • As a result,
the tour company had to turn away 500 customers that would have each paid P500 for a bus
tour.
• In that case, the company could likely recover consequential damages for the
P250,000 they lost in ticket sales.
Liquidated Damages
• Specific amount the parties agree to in the contract as compensation for a breach. •
Contracts often use liquidated damages provisions where it might be difficult to calculate the
correct amount of compensatory damages.
• When you want to terminate the contract the first step should be to check the contract for
a termination clause.
• In addition to including the potential reasons why either party can terminate their
agreement, it might include instructions for how to notify the other party that you want to
end the contract.
• The contract might outline how and when notice must be given.
• For example, a contract with a termination clause could state that the agreement can be
terminated by either party, in writing, within seven days of signing the contract. • As a
general rule, notice to terminate a contract should always be in writing. • Any
conversation
about terminating the contract in person or over the phone should be followed up in
writing.
• Always check the contract for instructions, including where and to whom to send
the notice.
Engr. Maureen R. Moral, PECE 4 | P a g e
Handout in ECE LAWS, CONTRACTS, ETHICS, STANDARDS & SAFETY College of Engineering, LSPU SPCC
ELECTRONICS ENGINEERING
Formerly Electronics and Communications Engineering, is an engineering discipline which uses the
scientific knowledge of the behavior and effects of electrons to develop components, devices, systems, or
equipment (as in electron tubes, transistors, integrated circuits, and printed circuit boards) that uses
electricity as part of its driving force.
Subfields
Electronic engineering has many subfields. This section describes some of the most popular subfields in
electronic engineering; although there are engineers who focus exclusively on one subfield, there are also
many who focus on a combination of subfields.
• Information Technology
• Academe
• Semiconductor and Manufacturing Industry
• Radar and Satellite Communications
❖ IECEP, or the Institute of Electronics Engineers of the Philippines, Inc., (formerly the Institute of
Electronics and Communication Engineers of the Philippines, Inc.) is the Accredited Professional
Organization (APO) for the Electronics Engineering and Electronics Technicians Profession in the
Philippines.
❖ Non-stock, non-profit organization with current membership of more than 50,000 registered
Electronics Engineers and Electronics Technician.
❖ IECEP is recognized by the Professional Regulation Commission as the only Accredited
Professional
Organization (APO) for the electronics engineering profession, with Accreditation No.: 03 ❖ IECEP is
also a founding member of the Philippine Electronics and Telecommunications Federation (PETEF),
and is also affiliated with the Philippine Federation of Professional Association (PFPA), the umbrella
organization of all APO’s in the country, as well as with the Philippine Technological Council (PTC).
❖ It is the designated APO for the assessment and evaluation of applications for admission of
electronics engineers to the ASEAN and APEC Engineer Registers.
❖ To date, there are over 50,000 registered ECE’s in the Philippines, with a big Number gainfully
employed in jobs outside of the country.
❖ Indeed, the ECE profession has been a big part of the overseas labor workforce, starting from the
late 80’s when countries in the Middle East started developing their telecommunications
infrastructure.
❖Up to this time, there remain a substantial number of ECE’s still employed in well-paying jobs
outside of the country, doing their country proud with their skills, industry and competence.
Vision:
"The world-class organization of humane, competent, virtuous and globally-competitive electronics
professionals"
Mission:
"To be the showcase of professional and technical development and a paradigm of excellence in applying
its Vision
IECEP Role:
History of IECEP
❖ The Institute of Electronics & Communications Engineers of the Philippines was organized in 1950
by a group of pioneers in the electronics and communications fields in the country.
❖ Headed by Dean Jose S. Alfonso, Mamerto Buenafe, Fred Carino, Ciriaco Coronel, Jose Grey, Alfredo
Albino Lara and Venancio Pineda.
❖ It was during the term of Engr. Rosauro Calupitan (1968-1970) when Republic Act. No. 5734 was
enacted into law, by the virtue of which the Electronics & Communication Engineering (ECE)
profession was born and the mechanics for the registration and licensing of ECEs was put into place.
❖ Engr. Calupitan was subsequently appointed the first ever Chairman of the Board of Examiners for
Electronics & Communications Engineering, with Engrs. Felicito Rey Signo and Rigoberto Espinosa
as Members.
IECEP is recognized by the Professional Regulation Commission as the only Accredited Professional
Organization (APO) for the electronics engineering profession.
IECEP is also a Founding Member of the Philippine Electronics and Telecommunications Federation, Inc.
(PETEF), and is also affiliated with the Philippine Federation of Professional Associations (PFPA), the
umbrella organization of all APOs in the country, as well as with the Philippine Technological Council
(PTC).
It is the designated APO for the assessment and evaluation of applications for admission of electronics
engineers to the ASEAN and APEC Engineer Registers.
To date, there are over 50,000 registered ECEs in the Philippines, with a big number gainfully employed in
jobs outside of the country.
Indeed, the ECE profession has been a big part of the overseas labor workforce, starting from the late 80’s
when countries in the Middle East started developing their telecommunications infrastructure.
Up to this time, there remain a substantial number of ECEs still employed in well-paying jobs outside of
the country, making their country proud with their skills, industry and competence.
A good number of ECEs are holding responsible positions as service providers in the Philippines offering
fixed, cellular and other telecommunications services. ECEs are also gainfully employed in the government
and the academe, as well as in the other sectors of the emerging electronics and telecommunications
industry in the country, broadcasting, cable TV, semiconductor manufacturing instrumentation and
control, information technology and computer hardware manufacturing, software development, avionics,
medical electronics, etc.
With the advent of modern technologies and new developments in both the technological and regulatory
environment, a new law was enacted in 2004 that re-defined the scope of practice of the ECE and renamed
the profession to simply “Electronics Engineering”, taking into account the ever-expanding fields generically
covered by the electronics industry.
The new law (Republic Act No. 9292) took effect on May 27,2004 and now governs the licensure procedures,
practice, rights and entitlements of three different categories in the profession, namely; the Professional
Electronics Engineers (PECEs), the Electronics Engineers (ECEs) and the Electronics Technicians (ECTs).
Engr. Maureen R. Moral, PECE 5 | P a g e
Handout in ECE LAWS, CONTRACTS, ETHICS, STANDARDS & SAFETY College of Engineering, LSPU SPCC
Handout # 4: RA 9292
Note: The profession of “Electronics & Communications Engineering” as previously defined in R. A. 5734, is
re-named to “Electronics Engineering” to reflect the correct generic terminology used internationally
covering all areas of practice/discipline/science that has to do with electronics.
The scope and nature of practice of Electronics Engineering covers ANY work or activity relating to the
application of engineering sciences and/or principles to the investigation, analysis, planning, design,
research and development, provision, procurement, marketing and sales, manufacture and production,
construction/installation, tests/ measurements, control, operation, repair, servicing, technical support and
maintenance of: electronics components, devices, products, apparatus, instruments, equipment, systems,
networks, operations and processes in the field of electronics, including:
• communications/telecommunications
• information and communications technology
•computers and their networking and hardware/software development and
applications
• broadcast/broadcasting
• cable and wireless television
• consumer and industrial electronics
SECTION 4. Categories of Practice - The Act defines the three electronics engineering and technician
categories and their abbreviations as follows:
(a) Professional Electronics Engineer, (PECE) (c) Electronics Technician, (ECT) (b)
Electronics Engineer, (ECE)
Engr. Maureen R. Moral, PECE 1 | P a g e
Handout in ECE LAWS, CONTRACTS, ETHICS, STANDARDS & SAFETY College of Engineering, LSPU SPCC
Professional Electronics Engineer - a person who is qualified to hold himself/herself out as a duly
registered/licensed Professional Electronics Engineer under this Act and to affix to his/her name the letters
"PECE".
Electronics Engineer - a person who is qualified to hold himself/herself out as a duly registered/licensed
Electronics Engineer under this Act and to affix to his/her name the letters "ECE".
Electronics Technician - a person who is qualified to hold himself/herself out as a duly registered/licensed
Electronics Technician under this Act and to affix to his/her name the letters "ECT".
(p)Adopt rules and regulations for electronics installations in industrial plants, commercial
establishments and other buildings or structures covered by the National Building Code of the
Philippines;
(q)For the maintenance of high professional, ethical and technical standards, conduct ocular inspection
or visit industrial plants and commercial establishments where PECEs, ECEs and ECTs are employed for
the purpose of determining compliance with the provisions of law;
(r)Hear and decide violations of the Act, the Code of Ethics and the Code of Technical Standards of
Practice for the profession, and for this purpose, issue subpoena to secure attendance of witnesses and
the production of documents in connection with the charges presented to any investigation pending
before the Board;
SEC. 14. Qualifications for Examinations. - In order to be allowed to take the examination for Electronics
Engineer or Electronics Technician, an applicant must, at the time of the filing of his/her application,
establish to the satisfaction of the Board that:
(s)He/She is a citizen of the Philippines or of a foreign country qualified to take the examination as
provided for in Section 33 of this Act;
(t)He/She is of good moral character and had not been convicted by a court of law of a criminal offense
involving moral turpitude;
(u)For the Electronics Engineering examinations, he/she is a holder of a degree of Bachelor of Science in
Electronics and Communications Engineering or Electronics Engineering, or subject to compliance with
minimum requirements to be prescribed by the Board, such equivalent and/or related engineering course
or program from any school, institute, college, or university recognized by the Government or the State
where it is established, after completing a resident collegiate course equivalent to that of a full
baccalaureate degree;
(1) a graduate of an Associate Technician, Trade or Vocational courses in Electronics or, subject to the
evaluation of the Board, such equivalent and/or related formal or non-formal course or program from any
school, college, university or training institution recognized by the Government or the State where it is
established, after completing a resident course or program of not less than two (2) years.
a) In lieu of the resident course or program of not less than two (2) years, a certificate from TESDA of
at least NCII category maybe accepted, or
b) A certificate from PECE attesting his/her proficiency in Electronics Technician practice in the field
for at least two (2) years in;
1) Consumer Electronics
2) Mechatronics, Robotics and Industrial Automation
3) Instrumentation and Control
4) Computer
5) Broadcast
6) Cable Television System
7) Telecom System
8) Business Machines
9) Bio-Medical/Medical Test Instrument, machines
10) Radio Navigation System
11) Military Electronic System
12) Semiconductor and Electronics Manufacturing
13) Special Electronics System
(2) has completed at least the minimum third-year equivalent of a Bachelor of Science program in
Electronics Engineering (ECE) program according to CHED guidelines, or, subject to the evaluation of the
Board such equivalent and/or related engineering course or program from any school, institute, college
or university recognized by the Government or State where it is established
(b) Valid/current membership identification card from the Accredited Professional Organization;
(c)Certified experience record of active self-practice and/or employment in the format to be prescribed by
the Board, indicating the inclusive dates, companies worked for, description of specific responsibilities,
relevant accomplishments and name, position of immediate supervisors for a period of at least seven (7)
years (inclusive and/or aggregate), at least two (2) years of which are in responsible charge of significant
engineering work, from the date applicant took his/her oath as an ECE.
(d)Three (3) certifications signed by three (3) Professional Electronics Engineers attesting the experience
record submitted.
SECTION 23.
Revocation and Suspension of Certificate of Registration, Professional Identification Card and Cancellation
of Special Permits
The Board shall revoke or suspend the validity of a Certificate of Registration and Professional
Identification Card, or cancel a Special Permit.
❖ for unprofessional or unethical conduct, malpractice, incompetence or any violation of the Act, the
Code of Ethics and the Code of Technical Standards of Practice
❖ where fraud, deceit, or false statement was found to have been employed in obtaining Certificate of
Registration, Professional Identification Card or Special Permit.
The following shall be punished by a fine of not less than One hundred thousand pesos (P100,000.00) nor
more than One million pesos (P1,000,000.00), or by imprisonment of not less than six (6) months nor
more than six (6) years, or both, in the discretion of the court:
(e)Any person who shall give any false statement to the Board to obtain a Certificate of Registration
and/or Professional Identification Card;
(f)Any person who shall present or use as his/her own a Certificate of Registration, Professional
Identification Card, membership ID with APO and/or seal issued to another and any person who allows
the use of his/her Certificate of Registration, Professional ID Card, membership ID and/or seal;
(g)Any person who shall present or use a revoked or suspended Certificate of Registration as PECE, ECE or
ECT;
(h)Any person who shall assume, use, advertise or otherwise practice as PECE, ECE or ECT, or append to
his/her name, any letter/s or words tending to convey the impression that he/she is a registered PECE, ECE
or ECT, when in fact he/she is not duly registered with the Board;
(i)Any PECE, who shall stamp or seal any document with his/her seal after his/her Certificate of
Registration, Professional ID Card and membership ID with APO has been revoked or suspended or after
he/she has been suspended from practice or removed from the roster of Professional;
(j) Any PECE who shall sign his/her name, affix his/her seal, or use any other method of signature on plans
and other technical documents prepared by or under the supervision of another PECE;
(g)Any person, except the PECE or ECE in-charge, who shall sign for any electronics engineering work, or
any function of electronics engineering practice, not actually performed by him/her.
(h)Any person holding a Certificate of Registration and Professional ID Card as PECE, ECE or ECT who shall be
involved in illegal wire-tapping, cloning, hacking, cracking, piracy and/or other forms of unauthorized and
malicious electronic eavesdropping and/or the use of any electronic devices in violation of the privacy
of another or in disregard of the privilege of private communications and/or safety to life, physical and/or
intellectual property of others, or who shall maintain an unlicensed and/or unregistered communications
system or device.
(i)Any person who shall violate any provision of this Act or any rules, regulations, the Code of Ethics and
the Code of Technical Standards of Practice promulgated under this Act.
SEC. 38. Vested Rights: Electronics and Communications Engineers when this Law is Passed
Electronics and Communications Engineers holding a valid Certificate of Registration and Professional
ID Card at the time of effectivity of this Act shall be automatically registered and recognized as Electronics
Engineers and shall be issued a new Certificate of Registration and Professional ID Card as Electronics
Engineers with the same license number as their original Electronics and Communications Engineer
Certificate of Registration, subject to the payment of prescribed fees and other requirements of the
Board and/or Commission.