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Ra 5734

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8 views7 pages

Ra 5734

Uploaded by

Eugene Fortunado
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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H. No. 16190 / 66 OG No.

1, 24 (January 5, 1970)

[ REPUBLIC ACT NO. 5734, June 21, 1969 ]


THE ELECTRONICS AND COMMUNICATIONS ENGINEERING
ACT OF THE PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress


assembled:

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 of 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 necessity 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 specifically provided herein, all


applicants for registration as electronics and communications engineer shall undergo the
required technical examination in accordance with this Act.

SEC. 5. Prequalifications for Examination.-In order to be admitted to the electronics and


communications engineering examination, an applicant must, at the 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. Ratings 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 subjects repeated in the second examination, he shall be required to take
all the subjects in the next examination.

SEC 9. Report of Results 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.
SEC. 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.

SEC. 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.

SEC. 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 on 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.

SEC. 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 prescribe, 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.
gInvestigate 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.

SEC. 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.

SEC. 15. Term, of Office.-The members of the Board shall hold office for a term of three
years: Provided, That the first appointees 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.

SEC. 16. The Executive Officer and 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.

SEC. 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.

SEC. 18. Removal of Board Members.-The President of the Philippines upon


recommendation of the Commissioner of Civil Service may suspend or remove any
member of the Board for continued neglect of duty, incompetence, commission or
tolerance of 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.

SEC. 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 unconditional 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 nor 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 descriptions, 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. Appropriation 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 provision 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.

Source: Supreme Court E-Library


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