Law Summary

39
ADDITONAL INFORMATION: Fundamental Laws Q U E S T I O N S : ANSWERS: A rule of conduct, just, obligatory, laid down by legitimate powers for common observance and benefits LAW Classifications of law - DIVINE LAW - HUMAN LAW Laws created by God DIVINE LAW Laws promulgated by man to regulate human relations HUMAN LAW Human laws - GENERAL OR PUBLIC LAW - INDIVIDUAL OR PRIVATE LAW Those which govern the relationship between the State and the People GENERAL OR PUBLIC LAW General or public laws - POLITICAL LAW - CONSTITUTIONAL LAW - ADMINISTRATIVE LAW - INTERNATIONAL LAW - CRIMINAL LAW Public law that deals with the organization and operation of the governmental organs of the State with the inhabitants of its territory POLITICAL LAW The fundamental law of every nation CONSTITUTIONAL LAW Public law that fixes the organization and determines the competence of the authorities that execute the law, and indicates to the individual remedies for the violation of his rights ADMINISTRATIVE LAW Consists of those rules and principles that govern the relations INTERNATIONAL LAW

Transcript of Law Summary

Page 1: Law Summary

ADDITONAL INFORMATION: Fundamental Laws

 QUESTIONS:

ANSWERS:

A rule of conduct, just, obligatory, laid down by legitimate powers for common observance and benefits

LAW

Classifications of law - DIVINE LAW- HUMAN LAW

Laws created by God DIVINE LAWLaws promulgated by man to regulate human

relationsHUMAN LAW

Human laws - GENERAL OR PUBLIC LAW- INDIVIDUAL OR PRIVATE LAW

Those which govern the relationship between the State and the People

GENERAL OR PUBLIC LAW

General or public laws - POLITICAL LAW- CONSTITUTIONAL LAW- ADMINISTRATIVE LAW- INTERNATIONAL LAW

- CRIMINAL LAWPublic law that deals with the organization and

operation of the governmental organs of the State with the inhabitants of its territory

POLITICAL LAW

The fundamental law of every nation CONSTITUTIONAL LAWPublic law that fixes the organization and

determines the competence of the authorities that execute the law, and indicates to the individual remedies for the violation of his rights

ADMINISTRATIVE LAW

Consists of those rules and principles that govern the relations and dealing of nations with each other

INTERNATIONAL LAW

Guarantees the coercive power of law so that it will be 0beyed

CRIMINAL LAW

Those laws which governs the private relation of persons

INDIVIDUAL OR PRIVATE LAW

Individual or Private laws - CIVIL LAW- COMMERCIAL LAW

- PROCEDURAL LAW OR REMEDIAL LAW

Regulates the relations of individuals and other individuals for purely private interests

CIVIL LAW

Sources of Philippine Civil Law

- THE NEW CIVIL CODE OF THE PHILIPPINES

- SPECIAL LAWS OR STATUTES,

Page 2: Law Summary

PRESIDENTIAL DECREES, AND OTHER SOCIAL LEGISLATIONS

- JURISPRUDENCE- CUSTOMS AND TRADITIONS

- CODE COMMISSION

A collection of laws that regulate the private relations of the members of civil society, determining their respective rights and obligations, with reference to persons, things and civil acts

THE NEW CIVIL CODE OF THE PHILIPPINES

Cannot be considered as an independent source of law, but the court’s interpretation of a statute constitutes part of the law as of the date it was originally passed since the court’s construction merely establishes contemporaneous legislative intent that the interpreted law carried into effect

JURISPRUDENCE

  QUESTIONS: ANSWERS:Is the judicial rule that results from a constant and

continued uniform practice by the members of a social community

CUSTOMS

The whole body of laws and jurisprudence which regulates and governs the special relations, rights and obligations of persons engaged in commerce, trade or mercantile pursuits as commercial transactions

COMMERCIAL LAW

Is an office in charge of registration of merchants, business association, vessels and documents of commercial

COMMERCIAL REGISTRY

Different commercial registries - BUREAU OF COMMERCE- SECURITIES AND EXCHANGE

COMMISSION- BUREAU OF CUSTOMS

- OFFICE OF THE COLLECTOR OF CUSTOMS

- REGISTER OF DEEDS- PHILIPPINE PATENT OFFICE

For individual merchants domiciled in the City of Manila

BUREAU OF COMMERCE

For partnership with a capital of 3,000 Php or more and for corporation

SECURITIES AND EXCHANGE COMMISSION

For vessels whose home ports is other than Manila OFFICE OF THE COLLECTOR OF CUSTOMS

For individual merchants in the province REGISTER OF DEEDSFor patents and industrial campaign PHILIPPINE PATENT OFFICE

  QUESTIONS: ANSWERS:Books required to be kept under the Code of Commerce

- A BOOK OF INVENTORIES AND BALANCES

- A JOURNAL- A LEDGER

- A BOOK OR BOOKS FOR COPIES AND LETTERS AND

Page 3: Law Summary

TELEGRAPHS- OTHER BOOKS WHICH MAY BE

REQUIRED BY SPECIAL LAWThat branch of law which prescribes the method of

enforcing rights or obtaining redress for their invasion

PROCEDURAL LAW OR REMEDIAL LAW

Remedial laws - PUBLIC REMEDIAL LAW- PRIVATE REMEDIAL LAW

Affords a remedy in favor of the state against the individual, like criminal procedure, or in favor of the individual against the State, like Habeas corpus

PUBLIC REMEDIAL LAW

Affords a remedy in favor of an individual against another individual, like civil procedure

PRIVATE REMEDIAL LAW

Origins of laws - ANCIENT LAWS- SPAIN

- USASumakwel Code, Kalantiaw Code ANCIENT LAWSCivil Laws SPAINCommon Laws USASources of Laws - LEGISLATION

- PRECEDENTS- CUSTOMS

Sources of Laws Affecting the ECE Profession - INTERNATIONAL TREATIES, CONVENTIONS AND

AGREEMENTS- ENACTMENTS OF CONGRESS

- CONSTITUTION OF THE PHILIPPINES

- PRESIDENTIAL DECREES, EXECUTIVE ORDERS AND OTHER

PRESIDENTIAL ISSUANCES- DEPARTMENT ORDERS AND

CIRCULARS- DECISIONS OF THE COURTS

- MEMORANDUM CIRCULARS OF THE NTC

- OPINIONS OF THE SECRETARY OF JUSTICE

  QUESTIONS: ANSWERS:Classifications of Courts - SUPERIOR COURTS AND

INFERIOR COURTS- ORIGINAL COURTS AND

APPELLATE- CIVIL AND CRIMINAL COURTS

- CONSTITUTIONAL COURTS AND STATUTORY COURTS

Different Courts of Justice - THE SUPREME COURT- THE SANDIGAN-BAYAN

- THE COURT OF APPEALS- THE REGIONAL TRIAL COURTS

- THE METROPOLITAN/ MUNICIPAL TRIAL COURTS

Page 4: Law Summary

The Radio Regulatory Office – A HistoryUnder the telegraph division of the Bureau of Post;

The first Radio Regulatory Office in the Philippines; Enforced the provisions of Act # 3396 Ship Radio Station Law in December 05, 1927

RADIO CONSTRUCTION AND MAINTENANCE SECTION

Of the Bureau of Post under the Department of Commerce and Communication; Enforced the provisions of Act # 3846 Radio Control Law of the Philippines in November 11, 1931

RADIO CONTROL DIVISION

Created the Department of National Defense in 1939 EXECUTIVE ORDER # 230Created the Department of Commerce and Industry

in 1947EXECUTIVE ORDER # 94

Transferred the Radio Control Division and the Radio Control Board to the Department of Public Works and Communication in January 01, 1951

EXECUTIVE ORDER # 392

Abolished the Radio Control Board in 1956 REPUBLIC ACT # 1476Replaced the Radio Control Division under

Department Order # 51 in August 23, 1962RADIO CONTROL OFFICE

Replaced the Radio Control Office under the Integrated Reorganization Plan of 1972 in July 01, 1974

TELECOMMUNICATIONS CONTROL BUREAU

The very first quasi-judicial body with adjudicatory powers on matters involving telecommunication services created under the Integrated Reorganization Plan of 1972

BOARD OF COMMUNICATIONS

The National Telecommunications CommissionAbolished the Telecommunications Control Bureau

and the Board of Communications whose functions were integrated through the creation of the National Telecommunications Commission in July 23, 1979; Composed of 1 Commissioner and 2 Deputy Commissioner preferably a Lawyer and an Economist; Created as well as the Ministry of Transportation and Communications

EXECUTIVE ORDER # 546

General Rules and Regulations governing the Construction, Installation, Establishment or Operation of Radio Stations and Possession or Ownership, Construction or Manufacture, Purchase, Sale and Transfer of Transmitters or Transceivers in the Philippines in July 23, 1979

DEPARTMENT ORDER # 11

Permits being issued by the National Telecommunications Commission

- PERMIT TO POSSES- PERMIT TO OWN

- PERMIT TO TRANSFER- DEALER’S PERMIT

- PURCHASE PERMIT- PERMIT TO IMPORT

- CONSTRUCTION PERMIT- PERMIT TO SELL

- PERMIT TO PURCHASE, SELL, SUPPLY OR GRIND

TRANSMITTER CRYSTAL- DEALER’S PERMIT OR

MANUFACTURER’S PERMIT FOR

Page 5: Law Summary

TRANSMITTER CRYSTAL- PERMIT FOR MOVEMENT OR

TRANSPORT OF COMMUNICATIONS EQUIPMENT- PERMIT TO DEMONSTRATE /

PROPAGATE- RADIO COMMUNICATION

EQUIPMENT DEALER PERMIT- RADIO COMMUNICATION

EQUIPMENT MANUFACTURER PERMIT

- RADIO COMMUNICATION EQUIPMENT SERVICE

CENTER PERMIT  QUESTIONS: ANSWERS:

180 days maximum period of validity PURCHASE PERMIT90 days maximum period of validity PERMIT TO IMPORT

  QUESTIONS: ANSWERS:30 days, 60 days, 90 days period of validity CONSTRUCTION PERMIT30 days maximum period of validity PERMIT TO DEMONSTRATE /

PROPAGATE1 year maximum period of validity - RADIO COMMUNICATION

EQUIPMENT DEALER PERMIT- RADIO COMMUNICATION

EQUIPMENT MANUFACTURER PERMIT

- RADIO COMMUNICATION EQUIPMENT SERVICE CENTER

PERMITReorganization Act of the Ministry of Transportation

and Communications in January 30, 1987EXECUTIVE ORDER # 125

Creation of the Department of Transportation and Communications in April 13, 1987

EXECUTIVE ORDER # 125-A

The Radio Control Law of the PhilippinesAct # 3846General Classification of Radio Stations Required of

Franchise as per Section # 1 in November 11, 1931- A RADIO TRANSMITTING

STATION FOR COMMERCIAL PURPOSES

- A RADIO RECEIVING STATION FOR COMMERCIAL PURPOSES

- A RADIO BROADCASTING STATION

General Classification of Radio Stations Not Required of Franchise

- AMATEUR STATION- EXPERIMENTAL STATION

- TRAINING STATION- MOBILE RADIO STATION

- A PRIVATE STATION IN A PLACE SO OUT LYING AND SO REMOTE

- BROADCASTING STATIONS ESTABLISHED/OPERATING ON

OR BEFORE NOVEMBER 11, 1939- PHILIPPINE GOVERNMENT

Page 6: Law Summary

RADIO STATIONS- RADIO STATIONS IN US

MILITARY BASES- CITIZENS RADIO STATIONS

- SPECIAL COMMUNICATIONS

SERVICES  QUESTIONS: ANSWERS:

A right, privilege or power of a public concern which ought not to be exercised by a private individual at his will and pleasure but should be preserved for public control or administrations, either by the government directly or by public interest under such regulations or provision as the government may impose in the public interest and for public security

FRANCHISE

Types of Franchise - PRIMARY OR CORPORATE FRANCHISE

- SECONDARY OR SPECIAL FRANCHISE

Franchise to be or to exist as a corporation PRIMARY OR CORPORATE FRANCHISE

Rights and privileges conferred upon existing corporation or entities to use public property for their private business

SECONDARY OR SPECIAL FRANCHISE

Requisites or Conditions for the grant of a Franchise - GRANTEE MUST BE FILIPINO CITIZEN OR AN AT LEAST 60%

FILIPINO OWNED CORPORATION OR ASSOCIATION

- THE FRANCHISE MUST NOT BE EXCLUSIVE IN NATURE

- FRANCHISE SHALL NOT BE GRANTED LONGER THAN 50

YEARS- FRANCHISE SHALL BE

SUBJECTED TO AMENDMENT, ALTERATION OR REPEAL BY THE

PHILIPPINE CONGRESS WHEN PUBLIC INTEREST SO REQUIRES

A regulator measure which constitutes the franchisee’s authority to commence operation issued by the NTC

CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY

Any authorization to operate a public service issued by the NTC for which no franchise either municipal or legislative is required

CERTIFICATE OF PUBLIC CONVENIENCE

A certificate or written authority issued by the NTC to a person, firm, company, association or corporation authorizing the whole or thereof to operate a radio station during a period specified in the said instrument or authorization; With three years maximum effectivity and renewable sixty days before the expiration date; Otherwise 50%

THE RADIO STATION LICENSE

Page 7: Law Summary

surcharge shall be prescribed for renewal within 180 days beyond its expiration date; Otherwise 100% surcharge shall be prescribed for renewal within 180 days beyond its expiration date

  QUESTIONS: ANSWERS:Radio Frequency Spectrum - NTC MEMORANDUM CIRCULAR

# 3-3-96- NTC MEMORANDUM CIRCULAR

# 10-10-97- NTC MEMORANDUM CIRCULAR

# 1-1-97Review, Allocations and Assignment of Frequency NTC MEMORANDUM CIRCULAR #

3-3-96Spectrum User’s Fees NTC MEMORANDUM CIRCULAR #

10-10-97Wireless Local Loop Frequency Allocation NTC MEMORANDUM CIRCULAR

1-1-97Ship and Land Radio Station LawAct # 3396Requires the installation of radio apparatus for all

vessels weighing 350 tons gross or over but, exempts those that travel not greater than 60 miles point to point in less than 5 hours; Every equipment shall be inspected by the NTC once every six months; Strict enforcement of such provisions is the duty of the Custom Commissioner; Fine of not less than P 50.00 nor more than P 2,000.00 imposed upon ship owner and suspension of the license of the master of the vessel for any violations of the provisions of Act # 3396

SHIP RADIO STATION LAW

Equipment for Ship Stations Flying Domestic Routes Law; Amended Act # 3396 by requiring all vessels to have to have radio facility even if it travels less than 60 miles in less than 5 hours

NTC MEMORANDUM CIRCULAR # 4-9-88

Safety of Life at Sea Law NTC MEMORANDUM CIRCULAR # 4-2-92

Global Maritime Distress and Safety System Requirement for every vessel as well as Global Positioning System

NTC MC # 2-1-96

Philippine Low Power Ship Radiotelephone Service Law; The frequency must be crystal controlled with maximum power output of 50 watts; Restricted radio telephone permit is issued to an at least 18 year old applicant operator

DEPARTMENT ORDER # 87, SERIES OF 1982

Implementing guidelines for the issuance of Restricted Operators Certificate for Low Powered Ship

NTC MEMORANDUM CIRCULAR # 9-7-98

  QUESTIONS: ANSWERS:Implementing guidelines for the issuance of

Restricted Operators Certificate for Land Mobile Station; RLM Certificate issued for an at least 18

NTC MEMORANDUM CIRCULAR # 7-08-85

Page 8: Law Summary

years old, do not require examination and maybe issued for maximum of 5 years renewable 30 days before expiration

Rules and Regulations Governing Commercial Radio Operators; Radio operators certificate shall have maximum period of 3 years effectivity, renewable 30 days before expiration; Issued for at least 18 years of age

DEPARTMENT ORDER # 5, SERIES OF 1948

Government Radio Operator Certificate; August 15, 1989

NTC MEMORANDUM CIRCULAR # 14-89

Unmanned Radio Stations; April 12, 1999 NTC MEMORANDUM CIRCULAR # 7-4-99

Radio Operator’s Certificate (License) NTC MEMORANDUM CIRCULAR # 11-8-92

ECE Graduates to take Regular Commercial Radiotelephone Operator’s Exam; August 23, 1989

NTC MEMORANDUM CIRCULAR # 11-89

General Operator’s Certificate; December 28, 1995 NTC MEMORANDUM CIRCULAR # 1-1-96

Guidelines for the Issuance of Radio Electronic Certificate

NTC MEMORANDUM CIRCULAR # 6-6-98

Guidelines for the Issuance of General Operator’s Certificate

NTC MEMORANDUM CIRCULAR # 8-7-98

Rules , Regulations & Guidelines in the Implementation of STCW-95 Concerning Radio Personnel & Radio Training Schools offering GMDSS Radio-communication Courses

NTC MEMORANDUM CIRCULAR # 10-7-98

Guidelines for the Issuance of Restricted Operator’s Certificate

NTC MEMORANDUM CIRCULAR # 9-7-98

Restricted Radiotelephone Operator’s Certificate for Land Mobile stations

NTC MEMORANDUM CIRCULAR # 70885-A

Additional Guidelines in the conduct of Restricted Land Mobile (RLM) Seminars

NTC MEMORANDUM CIRCULAR # 10-12-95

Rules and Regulations Governing Radio Training Schools in the Philippines

DEPARTMENT ORDER # 7

Radio and TV BroadcastingAct # 3997 of 1932Requires minimum of 6 hours daily for

governmental news, information and education programs; Penalty of P 25.00 up to P200.00 for each offense; Repeal Act # 3338 in December 7, 1926; Further enhanced and kept updated by the KBP Standards with incumbent President Ruperto Nicdao

RADIO BROADCASTING LAW

  QUESTIONS: ANSWERS:Non-commercial stations are exempted from

accruing franchise in February 26,1981NTC MEMORANDUM CIRCULAR #

6-2-81Regulating the ownership & operation of radio & TV

stations for other purposes; No persone or corporation may own, operate or manage more than 1 radio or TV station in 1 municipality or city, nor more than 5 AM or 5 FM radio stations, nor

PRESIDENTIAL DECREE # 576-A

Page 9: Law Summary

more than 5 TV channels in the entire country, and no radio or TV station shall be utilized by any single interest group to discriminate information or otherwise influence the public or the government to serve or support the ends of such group; Penalties for any violation of this decree shall be 5 months to 6 years imprisonment and the payment of a fine of P 1,000.00 – P 10,000.00 or both; Penalty of reclusion perpetua to death shall also be imposed upon any person having control and management of XXX broadcast of TV facilities, or any propaganda assaults against the government; All broadcast stations are required as well to submit financial report on or before March 01 every year

The playing of at least 4 Filipino Music every clock hour of a program; P 100.00 fine per violation or may, after due to hearing, suspend or cancel the certificate of registration and authority to operate

EXECUTIVE ORDER # 255, S. 1987

Regulating the Operation of Cable Antenna Television (CATV) Systems in the Philippines in June 30, 1987; A certificate of authority to operate a cable antenna television (CATV) system shall be granted for maximum of 15 years renewable for similar period; Station license for cable TV head end station shall be issued for a perod of at least 1 year or not exceeding 3 years; A minimum of P 1.5 M capital requirement for cable TV operation with 500 or more target subscribers on its first year of operation

EXECUTIVE ORDER # 206

Policy Guidelines to Govern the Operation of Cable Televisions in September 9, 1997

EXECUTIVE ORDER # 436, S. 1997

Television or CATV Cinematographic Works or Programs in September 20, 1997; Issued by the Movie Television Review and Classification Board (MTRCB) and the Videogram Regulatory Board (VRB)

JOINT MEMORANDUM CIRCULAR NO. 97-301

Created the Videogram Regulatory Board PRESIDENTIAL DECREE # 1987Rules and Regulations Relative to COMELEC Time COMELEC RESOLUTION # 29831987 Philippine Constitution, Art. XVI Sec. # 11;

Broadcast code of the PhilippinesSECTION # 95 OF THE OMNIBUS

ELECTION CODEChildren’s Television Law in October 28, 1997;

Children was defined as all persons below 18 years old; National Council for Children’s Television (NCCT) composed of 5 members with the term of 3 years; Require a minimum of 15% of the daily total airtime for each broadcasting network shall be allotted for child friendly shows; The regulatory body may suspend, revoke or cancel the license to operate of television found violating any provisions of this Act

REPUBLIC ACT # 8370

Satellite Television Receive Only Station (TVRO); P 5,000.00 one time registration fee for all; P 2,000.00 NTC MEMORANDUM CIRCULAR #

Page 10: Law Summary

annual license fee for commercial TVRO; Penalty of not more than P 2,000.00 for individual violators and not more than P 5,000.00 for company or corporation

2-1-93

Satellite Communications1987 Philippine ConstitutionRecognizes the indispensable role of the private

sectorARTICLE II, SECTION 20

Prohibition of monopolies and unfair competition ARTICLE XII, SECTION 19Balanced flow of information into, out of and across

the countryARTICLE XVI, SECTION 10

  QUESTIONS: ANSWERS:Domestic Satellite Communication Policy DOTC DEPARTMENT CIRCULAR #

93-273Guidelines on the Domestic Satellite Communication

Policy; TVRO license must be renewed 60 days before expiration

NTC MEMORANDUM CIRCULAR # 10-7-93

International Satellite Communication Policy in July 1, 1994

DOTC DEPARTMENT CIRCULAR # 94-277

Guidelines on International Satellite Communication in October 17, 1994; P 1,200.00 radio station license every year

NTC MEMORANDUM CIRCULAR # 17-10-94

Implementing Guidelines on International Satellite Communication

NTC MEMORANDUM CIRCULAR # 4-3-99

National Policy on the operation and use of international satellite in the Philippine in March 17, 1998

EXECUTIVE ORDER # 467

Global Mobile Personal Communications by Satellite (GMPCS) Policy in February 17, 1998

DOTC DEPARTMENT CIRCULAR # 98-01

Global Mobile Personal Communications Satellite (GMPCS) Policy

NTC MEMORANDUM CIRCULAR # 5-3-99

Philcomsat as Additional accounting Authority NTC MEMORANDUM CIRCULAR # 8-6-96

Guidelines on the Procurement of Orbital Slots & Frequency Registration of Philippine Satellites; Filing fee for application for satellite orbital slots P 100,000.00

DOTC DEPARTMENT CIRCULAR # 97-01

The Radio Services Law Citizen Band Radio Service Law in November 20,

1979; Each member must be at least 18 years of age and a minimum of 25 members each group; Station license or operator’s permit shall be granted for maximum of 2 years; Frequencies from 26.965 – 27.405 Mhz with 0.005% authorized

MINISTRY CIRCULAR # 79-003

Civic Action Radio Network NTC MEMORANDUM CIRCULAR # 12-8-92

Personal Radio Service NTC MEMORANDUM CIRCULAR # 11-21-88

Government Personal Radio Service NTC MEMORANDUM CIRCULAR # 12-26-88

Short Range Radio Service NTC MEMORANDUM CIRCULAR # 7-6-98

Page 11: Law Summary

Revised Amateur Radio Regulation DOTC MINISTRY CIRCULAR # 87-17

Implementaton of the Revised Amateur Regulations NTC MEMORANDUM CIRCULAR # 02-03-87

The Philippine TelecommunicationsEstablishing Basic Policies for the Telephone

Industry in June 16, 1973; Limits the self financing plan to 50% maximum cost of the installed telephone line

PRESIDENTIAL DECREE #217

Amended the procedure in calculating the amount of Subscriber’s Self Financing Plan PRESIDENTIAL DECREE # 1874

Created the Municipal Telephone Project Office (MTPO), with 10 years project lifespan; With a target of 1 public telephone per barangay; Inter exchange toll revenue share must be remitted to the LEC within 90 days from the receipt

MUNICIPAL TELEPHONE ACT OF 1989

  QUESTIONS: ANSWERS:Mandates the rights of first option, where applicants

was given 6 months; They must be existing as of February 28, 1990; They must submit letter of intent, plans & schedule of completion & commencement of operation to the MTPO on or before August 28, 1990; They must submit their franchise and other government permits to the MTPO on or before November 28, 1990

SECTION 5 OF REPUBLIC ACT # 6849

Implementing Guidelines of the Municipal Telephone Project

DEPARTMENT ORDER # 90-434, S. 1990

Rationalization of Local Exchange Telecommunications Service in September 30, 1991

DOTC DEPARTMENT CIRCULAR # 91-260

Interconnection of Public Telecommunications Carriers Law in February 21, 1998; Interconnection agreement shall be negotiated and effected within 90 days through bilateral negotiations between parties involved subject to certain technical/operational and traffic settlement rules from the NTC, otherwise, the NTC shall decide base on its power as mandated by executive order # 546

EXECUTIVE ORDER # 59

Guidelines on the Interconnection of Public Telecommunications Carriers

NTC MEMORANDUM CIRCULAR # 9-7-93

Page 12: Law Summary

Local Exchange Carrier Service Law in July 12, 1993; Authorized IGF operators shall provide a minimum of 300 local exchange lines per international switch termination and 300,000 local exchange lines within 3 ears from the date of authority to install, operate and maintain LEC; At least 1 rural exchange line shall be provided for every 10 urban local exchange lines per CMTS; Authorized nationwide CMTS operators shall provide a minimum of 4 local exchange lines per CMTS subscriber line and 400,000 local exchange lines within 5 year for all regional CMTS operators; All Publice Telecommunications Service Providers must submit financial report to the NTC on or before March 30 each year

EXECUTIVE ORDER # 109

Guidelines on the Policy to Improve Local Exchange Carrier Service which defines in September 17, 1993: Urban as LESA with more than 1 per 100 inhabitants telephone density, Rural as LESA with less than or equal to 1 per 100 inhabitant telephone density, Unserved areas as LESA without local telephone exchange service, Underserved areas as LESA with less telephone density than the urban or when LEC cannot provide service to 90% of the applicants within 10 days from the date of application

NTC MEMORANDUM CIRCULAR # 11-9-93

  QUESTIONS: ANSWERS:Minimum Paid-in Capital Required for a Company to

engage in a particular Telecommunications ServiceNTC MEMORANDUM CIRCULAR #

18-10-94Shall install at least 57% of the obligated LEC lines

within the first 2 years and must have paid-in capital of at least 30% of the investment required for the first 2 years of LEC project implementation; Year 0 must be 5%, Year 1 must be 10%, Year 2 must be 15%

IGF OPERATORS

Shall install at least 50% of the obligated LEC lines within the first 2 ears and must have paid-in capital of at least 30% of the investment required for the first 2 years of LEC project implementation; Year 0 must be 5%, Year 1 must be 10%, Year 2 must be 15%

CMTS OPERATORS

Shall install at least 40% of the obligated LEC lines within the first 2 years and must have paid-in capital of at least 30% of the investment required for the first 2 years of LEC project implementation; Year 0 must be 5 %, Year 1 must be 10%, Year 2

OPERATORS OF BOTH IGF AND CMTS

Page 13: Law Summary

must be 15%

Cellular Mobile Radio System; Established rules and regulations for the authorization, establishment, installations, operations, and maintenance of cellular mobile radio system in the Philippines; Establish the technical requirements for the operation of cellular mobile radio systems; Provide the practical interconnection between cellular mobile radio system and local established telephone system

NTC MEMORANDUM CIRCULAR # 5-11-88

Cellular Mobile Telephone System DEPARTMENT CIRCULAR # 92-269

Guidelines for Cellular Mobile Telephone System NTC MEMORANDUM CIRCULAR # 20-12-92

Public Mobile Telephone Service NTC MEMORANDUM CIRCULAR # 9-10-97

Fundamental Numbering Plan in May 05, 1994 NTC MEMORANDUM CIRCULAR # 11-5-94

Amended Fundamental Numbering Plan in March 11, 1996

NTC MEMORANDUM CIRCULAR # 11-5-94A

Public Telecommunications Policy Act of the Philippines; All telecommunications entities shall offer through stock exchanges 30% of its aggregate common stocks within 5 years from the date of effectivity of this act

REPUBLIC ACT # 7926

Implementing Guidelines for Public Telecommunications Policy Act of the Philippines

NTC MEMORANDUM CIRCULAR # 8-9-95

Secrecy of CommunicationsThe Anti Wire Tapping Law in June 19, 1965; Penalty

for any violators of this at shall be 6 months up to 2 years with accessory penalty of perpetual absolute disqualification from public office, or deportation proceedings for alien

REPUBLIC ACT # 4200

The Privacy of Communications & Illegal Wire-Tapping & Eves Dropping Violation in November 16, 1972; The result of Proclamation #1081, Declaration of Martial Law on September 21, 1972

PRESIDENTIAL DECREE # 55

Law on Unauthorized Telephone connections; Penalty for unauthorized installation, stealing or pilfering of telephone wires, possession of stolen or pilfered telephone wires shall be prison correccional in its minimum period of 6 months & 1 day to 2 years & 4 months or a fine of P 2,000.00 to P 6,000.00;

PRESIDENTIAL DECREE # 401

The Electronic CommerceThe Electronics Commerce Act in June 14, 2000;

Penalty for hacking or cracking shall be 6 months up to 3 years and a fine of P 100,000.00 to a maximum commensurate to the damage incurred; Penalty for piracy of copyrighted works shall also be 6 months up to 3 years and a fine of P 100,000.00 to a maximum commensurate to the

REPUBLIC ACT # 8792

Page 14: Law Summary

damage incurred; Other violations of this act shall be penalized up to maximum of P 1,000,000.00 and 6 years imprisonment

  QUESTIONS: ANSWERS:Rules on Electronic Evidence in August 01, 2001 A.M. # 01-7-01-SCThe Consumers Act REPUBLIC ACT # 7394 The Bouncing Check Law in April 03, 1979 BATAS PAMBANSA # 22Intellectual Property Code of the Philippines in

January 1, 1998; The constitution recognizes and protects the exclusive rights of scientist and inventors to their discoveries and inventions, authors and artists and other gifted citizens to their writings, arts and other intellectual property and creations, in order that they may enjoy whatever precautionary benefits and reputations that may gain from works of their creation particularly when beneficial to the people; It directs that this right to exclusiveness be secured only for such period that may be provided by law

REPUBLIC ACT # 8293

Original creative works that have economic value and are protected by law

INTELLECTUAL PROPERTY

Reward the creators of original works by preventing others from copying, performing or distributing those works without permission; They also provide incentives for people to produce scientific and creative works that benefit society at large

INTELLECTUAL PROPERTY LAWS

Forms of Intellectual Property - TRADEMARK- PATENT

- COPYRIGHTAny work or symbol used by manufacturers or

sellers to identify their goods and distinguish them from the goods of others

TRADEMARK

A legal document granted by the government giving an inventor the exclusive right to make use and sell all invention for a specific number of years (normally,20 years)

PATENT

Branch of law granting authors the exclusive privilege to reproduce, distribute, perform or display their creative works

COPYRIGHT

Obligations and ContractsThe New Civil Code BOOK I, II, III, IVPerson and Family Relations (majority of the provisions are now repealed by the Family Code)

BOOK I

Property, Ownership and its Modifications BOOK IIDifferent Modes of Acquiring Ownership BOOK IIIObligations and Contracts BOOK IVA juridical necessity to give, to do, or not to do OBLIGATIONConsidered as real obligation because it requires the

giving or delivery of a physical thing by one party to another

TO GIVE

Considered as personal positive obligation, that is, to do something

TO DO

Page 15: Law Summary

Considered as personal negative obligation because the obligation consists in not doing of something

NOT TO DO

It means that the right and duties arising from obligations are legally demandable and the courts of justice may be called upon, through proper action, to order their performance

JURIDICAL NECESSITY

Essential Requisites of Obligation - ACTIVE SUBJECT- PASSIVE SUBJECT

- JURIDICAL TIE OR VINCULUM- PRESTATION

Creditor or Obligee ACTIVE SUBJECTDebtor or Obligator PASSIVE SUBJECTLegal Tie or Link JURIDICAL TIE OR VINCULUMPerson who has the right to demand the

performance or fulfillment of the obligationCREDITOR OR OBLIGEE

  QUESTIONS: ANSWERS:Person who has the duty to perform or fulfill the

obligationDEBTOR OR OBLIGATOR

That which binds the parties to an obligation; The efficient cause or the reason why the obligation exits

JURIDICAL TIE OR LINK

The object or subject matter of the obligation which may consist in the act of giving, doing or of not doing of something

PRESTATION

Sources of Obligations - LAW- CONTRACTS

- QUASI CONTRACTS- ACTS OR OMISSIONS PUNISHED

BY LAW- QUASI-DELICTS

Kinds of Quasi-contract - NEGOTIORUM GESTIO- SOLUTIO INDEBITI (PAYMENT

BY MISTAKE)

Voluntary management or administration by a person of the abandoned business or property of another without any authority or power from the latter

NEGOTIORUM GESTIO

Is the juridical relation which arises when a person is obliged to return something received by him through error or mistake

SOLUTIO INDEBITI (PAYMENT BY MISTAKE)

Different Kinds of Obligation - PURE AND CONDITIONAL OBLIGATIONS

- OBLIGATIONS WITH A PERIOD- ALTERNATIVE AND

FACULTATIVE OBLIGATIONS- JOINT AND SOLIDARY

OBLIGATIONS- DIVISIBLE AND INDIVISIBLE

OBLIGATIONS- OBLIGATIONS WITH A PENAL

CLAUSEIs one whose performance or fulfillment does not PURE OBLIGATION

Page 16: Law Summary

depend on a period or a future or uncertain events, or a past event unknown to the parties and is therefore immediately demandable

ContractThe meeting of minds between two persons whereby

one binds himself, with respect to the other, to give something or to render some service

CONTRACT

Elements of a contract - ESSENTIAL ELEMENTS- NATURAL ELEMENTS

- ACCIDENTAL ELEMENTSThose elements without which there can be no valid

contract; These elements are consent of the contracting parties, object or subject matter and cause or consideration

ESSENTIAL ELEMENTS

Those which are found in the contract because of its nature and are presumed by law to exist such as warranty against eviction in a contract of sale

NATURAL ELEMENTS

Those elements which exit only by virtue of the agreement of the parties for the purpose of limiting or modifying the effects of the contract; Examples are condition, clauses, terms and modes of payment

ACCIDENTAL ELEMENTS

Stages of a contract- PREPARATION OR CONCEPTION

- PERFECTION OR BIRTH- CONSUMMATION OR

TERMINATION

  QUESTIONS: ANSWERS:This is the initial stage which includes all the

preparatory of preliminary steps or processes for the formation of the contract such as bargaining, negotiation and the like in order to arrive at a definitive agreement

PREPARATION OR CONCEPTION

In this stage, the parties have at last arrived at a definite agreement as to the subject matter or object, cause or consideration, and terms and conditions; There is now “a meeting of the minds between the contracting parties”

PERFECTION OR BIRTH

This is the ultimate or final stage of the contract wherein the terms and conditions of the contract are fully performed or complied with; The contract may be said to have been fully terminated or executed

CONSUMMATION OR TERMINATION

Classification of a contract as to dependence or relation to other contracts

- PRINCIPAL- ACCESSORY

- PREPARATORYThose which can stand alone and is not dependent to

any other contractPRINCIPAL

Page 17: Law Summary

Those whose existence depends upon another contract

ACCESSORY

Those which must necessarily be created beforehand in order that the future transaction or contracts may be entered into the parties

PREPARATORY

Classification of a contract as to perfection - CONSENSUAL- REAL CONTRACTS

One which is perfected by the mere consent of the contracting parties

CONSENSUAL

One which is perfected, aside from the consent of the contracting parties, by the delivery of the object or subject matter

REAL CONTRACT

Classification of a contract according to name or designation

- NOMINATE- INNOMINATE

One which has a particular name or special designation in the law

NOMINATE

One which has no special name or designation INNOMINATEClassification of a contract according the nature of

the obligation- UNILATERAL- BILATERAL

Where only one of the parties to the contract has an obligation to perform UNILATERAL

Where both parties to the contract have reciprocal obligations to perform

BILATERAL

Classification of a contract according to burden imposed

- ONEROUS- GRATUITOUS

One which imposes valuable consideration upon the parties

ONEROUS

One in which one of the parties does not receive any valuable consideration

GRATUITOUS

Classification of a contract according to the risk involved

- COMMUTATIVE- ALEATORY

One where there is an exchange of values between the contracting parties

COMMUTATIVE

One in which the fulfillment of the obligation depends upon chance

ALEATORY

Classification of a contract according to its fulfillment

- EXECUTED- EXECUTORY

Those contracts which are completed at the time it is entered into

EXECUTED

Those where the prestation are to be complied with at some future time

EXECUTORY

Classification of a contract as to form - ORAL- WRITTEN

By word of mouth of the parties ORALThe agreement is reduced in writing which maybe in

public or private documentWRITTEN

The four kinds of innominate contracts - DU UI DES- DO UT FACIA

- FACIO UT DES- FACIO UT FACIA

  QUESTIONS: ANSWERS:I give that you give DO UI DES

Page 18: Law Summary

I give that you do DO UT FACIAI do that you give FACIO UT DESI do that you do FACIO UT FACIARequisites of a contract - CONSENT OF THE

CONTRACTING PARTIES- OBJECT CERTAIN

- CAUSE OF THE OBLIGATIONThe subject matter of the contract OBJECT CERTAINThe one which is established CAUSE OF THE OBLIGATIONIs manifested by the meeting of the offer and the

acceptance upon the thing and the cause which are to constitute the contract; The offer must be certain and the acceptance absolute; A qualified acceptance constitutes a counter-offer; Acceptance made by letter or telegram does not bind the offerer except from the time it came to his knowledge; The contract, in such a case, is presumed to have been entered into the place where the offer was made

CONSENT

Requisites of consent

- LEGAL CAPACITY OF THE CONTRACTING PARTIES

- THE CONSENT MUST BE INTELLIGENTLY FREE AND

VOLUNTARILY GIVEN- THE INTENTION TO BOUND AS

MANIFESTED BY THE CONCURRENCE OF THE OFFER

AD THE ACCEPTANCE UPON THE THING

Kinds of acceptance - EXPRESS- IMPLIED

In writing or by word of mouth (oral) EXPRESS If through the acts, conducts or omissions of the

offeree it can be inferred that he accepts to offer; Thus, if after the offer is made, the offeree takes possession of the object being offered

IMPLIED

Grounds when offer becomes ineffective - DEATH- CIVIL INTERDICTION

- INSANITY- INSOLVENCY

Extinguishes civil personality DEATH Bars a person for doing some civil acts; Is an

accessory penalty resulting from a conviction of a crime

CIVIL INTERDICTION

Person is deprived of reason, hence, he cannot be held mentally responsible for his acts

INSANITY

A person is not financially capable to meet his obligations as they mature

INSOLVENCY

Persons who cannot give consent - UNEMANCIPATED MINORS- INSANE OR DEMENTED

PERSONS

Page 19: Law Summary

- DEAF-MUTES WHO DO NOT KNOW HOW TO WRITE

Causes which may vitiate consent - MISTAKE- VIOLENCE

- INTIMIDATION- UNDUE INFLUENCE

- FRAUDIs an act or omission arising from ignorance or misconception which may, depending upon its character or the circumstances surrounding it, justify rescission of a contract

MISTAKE

  QUESTIONS: ANSWERS:Cannot be object of contract - THINGS THAT ARE OUTSIDE

THE COMMERCE OF MEN- INTRANSMISSBLE RIGHTS

- FUTURE INHERITANCE, EXCEPT IN CASES EXPRESSLY AUTHORIZED BY LAW

- IMPOSSIBLE THINGS OR SERVICES

- SERVICES WHICH ARE CONTRARY TO LAW, GOOD

CUSTOMS, PUBLIC ORDER OR PUBLIC POLICY

- OBJECTS THAT ARE NOT DETERMINABLE AS TO ITS KIND

In onerous contracts, for each contracting party, the prestation or promise of a thing or service by the other; In remuneratory ones, the service or benefit which is remunerated; In contracts of pure beneficiaries, the merely liberality of the benefactor

CAUSE OF CONTRACTS

Is the essential or impelling reason why the parties enter into a contract; It is the immediate, direct and proximate reason which justifies the creation of an obligation through the will of the contracting parties

CAUSE

Is an inner reaction of a person that impels him to enter into a contract but over which the law has no concern

MOTIVE

Is an inadequacy of cause brought about by insufficient price for a thing sold

LESION

Is the re-writing of a contract, under equitable principles, in cases where the written terms of the contract do not express what was actually agreed upon; It is that remedy inequity by means of which a written instrument is made or construed so as to express or conform to the real intention of the parties when some error or mistake has been committed

REFORMATION

Page 20: Law Summary

Different classifications of defective contracts - RESCISSIBLE CONTRACE- VOIDABLE OR ANNUAL

CONRACTS- UNENFORCEABLE CONTRACTS

- VOID OR INEXISTENT CONTRACT

Is an act or means by virtue of which efficacy is given to a contract which suffers from a vice of curable nullity

RATIFICATION

Damages may be - ACTUAL OR COMPENSATORY- MORAL

- NOMINAL- TEMPERATE- LIQUIDATED

- EXEMPLARY OR CORRECTIVE Include physical suffering, mental anguish, fright,

serious anxiety, besmirched reputation, wounded feeling, moral shock, social humiliation and similar injury

MORAL DAMAGES

Are adjudicated in order that a right of the plaintiff, which may be violated or invade by the defendant, may be vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any loss suffered by him

NOMINAL DAMAGES

Which are more than nominal but less than compensatory damages; May be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be proved with certainty

TEMPERATE OR MODERATE DAMAGES

  QUESTIONS: ANSWERS: Are those agreed upon by the parties to a contract,

to be paid in case of breach thereofLIQUIDATED DAMAGES

Are imposed, by way of example or correction for the public good, in addition to the moral, temperate, liquidated or compensatory damage

EXEMPLARY OR CORRECTIVE DAMAGES

The Professional Regulation Commission & the ProfessionalsCreated by the Professional Regulations Commission PRESIDENTIAL DECREE # 223 PRC Modernization Act of 2000 in December 5;

Composed of 1 chairperson and 2 commissioners, all appointed by the President with a term of 7 years; Apppointees must be at least 40 ears old, a competent professional with at least 5 years executive experience

REPUBLIC ACT # 8981

Penalties for manipulation and corrupt practice in violation of Republic Act # 8981 for Manipulators

6 YEARS & 1 DAY TO 12 YEARS IMPRISONMENT OR P 50,000.00 TO P 100,000.00 FINE OR BOTH

Penalties for manipulation and corrupt practice in violation of Republic Act # 8981 for Accomplices

4 YEARS & 1 DAY TO 6 YEARS IMPRISONMENT OR P 20,000.00 TO P 49,000.00 FINE OR BOTH

Penalties for manipulations and corrupt practice in violation of Republic Act # 8981 for Accessories

2 YEARS & 1 DAY TO 4 YEARS IMPRISONMENT OR P 5,000.00

Page 21: Law Summary

TO P 19,000.00 FINE OR BOTH Penalties for manipulations and corrupt practice in

violation of Republic Act # 8981 for Government/Private Agencies Officer

6 MONTHS & 1 DAY TO 6 YEARS IMPRISONMENT OR P 50,000.00 TO P 500,000.00 FINE OR BOTH

Delisting of Delinquent Professionals form the roster for not being a good standing member

PRC RESOLUTION # 428, S. 1996

Delisting of Delinquent Professionals form the roster for not being a good standing member in December 1991

EXECUTIVE ORDER # 496

Laws of ECE Professionals Electronics Engineering Law of 2004 (April 17,

2004)REPUBLIC ACT # 9292

The Electronics and Communications Engineering Law of the Philippines (June 21, 1969)

REPUBLIC ACT # 5734

Rules and Regulations requiring the service of a duly Registered ECE in the Planning and Designing of Radio Stations, Installation or Construction of Radio Stations, Operation and Maintenance of Radio Station, Manufacture and/or Modification of Radio Communications Equipment (December 28, 1973)

DEPARTMENT ORDER # 88

The Public Service Law COMMONWEALTH ACT # 146 Continuing Professional Education (CPE) in July 25,

1995; Refers to the inculcation, assimilation and acquisition of knowledge, skills, proficiency and ethical and moral values to raise and enhance the professional level of performance; A mandatory requirement for the renewal of professional license

E. O. # 266

Matrix of CPE Programs, Activities or Sources (March 04, 1997

PRC RESOLUTION # 483, S. 1997

Electronics and Communications Engineering Law of the Philippines; By the 6th Congress of the Philippines, 4th Session; Begun in Manila on Monday, 27th January 1969; Enacted both by the Senate and the House of Representatives on May 22, 1969; Approved into law by President Ferdinand Edralin Marcos on June 21, 1969

REPUBLIC ACT # 5734

At least 21 years old; Filipino citizen or a foreigner qualified under section 23 Foreign Reciprocity Law; Of good moral character; Holder of BSECE degree or its equivalent

PRE-QUALIFICATIONS FOR BOARD EXAM

  QUESTIONS: ANSWERS: Scope of Examination - ELECTRONICS

- COMMUNICATIONS- MATHEMATICS

Citizen/resident of the Philippines; At least 31 years of age; Good Moral Character; A registered ECE; In active practice of ECE occupation for at least 10 years; Not a member of ECE faculty of any school or has stopped teaching for at least 3 consecutive

QUALIFICATIONS OF BOARD MEMBERS

Page 22: Law Summary

years; Not financially interested directly or indirectly in any school/institution where ECE is taught

Administer the Provision of R.A. # 5734; Administer Oaths; Issue, suspend or revoke certificate of registration; Study the conditions affecting the ECE profession; Study, examine and prescribe, in cooperation with CHED, the essential requirements as to the curricula and facilities of ECE schools; Recommend to CHED the granting of school permits or authorization of opening of ECE schools; Investigate violations of R.A. 5734; Establish and administer a code of ethics and fair practice for ECE’s; Recommend and adopt measure for the advancement of ECE profession in keeping the progress of the industry; Promulgate rules and regulations of R.A. 5734

POWER AND DUTIES OF THE BOARD

Continued neglect of duty; Incompetence; Commission or tolerance or irregularities in the exam; Malpractice; Unprofessional or unethical conduct

REMOVAL OF BOARD MEMBERS

Unprofessional and unethical conduct; Malpractice; Incompetence; Where fraud, deceit or false statement was employed in obtaining the certificate of registration; Unsound mind; Immoral or dishonorable act; Conviction of a court of any crime involving moral turpitude

GROUNDS/CAUSES FOR SUSPENSION/REVOCATION OF

CERTIFICATE OF REGISTRATION

Penal provisions (penalty) P2,000.00≤ FINE ≤P5,000.00

False or fraudulent statement obtaining certificate of registration; Use another’s license; Present or use a revoked/suspended license; Assume, use or advertise as ECE with no license; Stamp or seal any document with an expired, suspended or revoked certificate; Sign, affix, seal on plans or document prepared by another; Engage in illegal wire tapping or other violations in private communication; Violate any rules and regulations of R.A. 5734

OFFENSES FOR PENAL PROVISIONS

Schedule of Examination - APRIL- NOVEMBER

Average rating in the examination ≥ 70% Breakdown ratings in the examination - ELECTRONICS (35%)

- COMMUNICATIONS (35%)- MATHEMATICS (30%)

Number of days to get the result of examination 2 TO 3 DAYS AFTER EXAMS 15 days upon publication; Effectively of new rules

and regulationsOFFICIAL GAZETTE AND ROSTER

OF ECE’SShowing the names, addresses and places of

business of all ECE’s shall be prepared by the secreteray of the Board; Issued every July of every year

ROSTER OF ECE’S

Electronics Engineering Law of 2004; By the 12th REPUBLIC ACT # 9292

Page 23: Law Summary

Congress of the Philippines, 3rd Session; Begun in Manila on Monday, 28th July 2004; Enacted both by the Senate and the House of Representatives on February 2, 2004; Approved into law by President Gloria Macapagal Arroyo on April 17, 2004

  QUESTIONS: ANSWERS: At least 18 years old; Filipino citizen or a foreigner

qualified under section 33 Foreign Reciprocity Law; Of good moral character; Holder of BSECE degree or its equivalent

PRE- QUALIFICATIONS FOR BOARD EXAM

Scope of Examination - MATHEMATICS- APPLIED SCIENCES

- ENGINEERING ECONOMICS- LAWS AND ETHICS

- ELECTRONICS- COMMUNICATIONS

- COMPUTERS- INFORMATION AND COMMUNICATIONS

TECHNOLOGY

Citizen/resident of the Philippines for at least 5 consecutive years prior to his/her appointment; OF good moral character and integrity; A member of good standing of the Accredited Professional Organization; In active practice of ECE occupation for at least 10 years prior to his appointment, either in self-practice, or employment in government service and/or in the private sector; Not financially interested directly or indirectly in any school/institution where ECE is taught; Not have been convicted of an offense involving moral turpitude

QUALIFICATIONS OF BOARD MEMBERS

Administer/implement the provisions of R.A.#9292; Administer Oaths in connection with the administration of this Act; Issue, suspend of revoke certificate of registration; Maintain a roster of Professional Electronics Engineers, Electronics Engineers and Electronics Technicians; Issue, suspend and/or cancel special permits to foreign Professional Electronics Engineers, Electronics Engineers or Electronics Technicians; Prescribe, amend or revise the requirements for licensing of Professional Electronics Engineers; Adopt a program for the full computerization of licensure examinations; Grant registration without examination, subject to review and approval by the Commission in accordance with the provision of this Act; Study, examine and prescribe, in cooperation with CHED and TESDA the essential requirements as to the curricula and facilities of ECE schools; Inspect educational institutions and recommend to CHED or TESDA the granting of

POWER AND DUTIES OF THE BOARD

Page 24: Law Summary

permits or authorization, opening, improvement or upgrading or closure of such colleges or programs; Adopt and administer a Code of Ethics of Technical Standards of Practice for Professional Electronics Engineers, Electronics Engineers or Electronics Technicians; Promulgate rules and regulations of R.A.9292; Promulgate a program for continuing professional education and/or development; Prescribe a minimum manning and manpower requirements; ______, prescribe and adopt rules and regulations for electronics installations in industrial plats, commercial establishments and other building structures; Study the conditions affecting the Professional Electronics Engineers, Electronics Engineers and Electronics Technicians; Hear and decide violations of this Act; Delegate a hearting or investigation of administration cases filed before it to authorize officers of the Commission ; Promulgate resolutions, order and/or decisions on such administrative cases; Submit an annual action plan and corresponding report in the beginning and close of each fiscal year; Discharge as other powers and functions as the Board and the Commission may deem necessary for the practice of the profession and the upgrading enhancement, development and growth

  QUESTIONS: ANSWERS: Neglect of duty; Incompetence; Manipulation of

rigging of licensure examination result; Disclosure of secret information of licensure examination questions prior to the conduct of the said examination or tampering of the grades; Unprofessional of unethical conduct

REMOVAL OF BOARD MEMBERS

Unprofessional and unethical conduct; Malpractice; Incompetence; Where fraud, deceit or false statement was employed in obtaining the certificate of registration; Unsound mind; Immoral or dishonorable act; Conviction of a court of any crime involving moral turpitude

GROUNDS/CAUSES FOR SUSPENSION/REVOCATION OF

CERTIFICATE OF REGISTRATION

Penal provisions (penalties) P100,000.00≤FINE≤P1,000,000.00 AND/OR IMPRISONMENT OF NOT LES THAN 6 MONTHS NOR

MORE THAN 6 YEARS False or fraudulent statement obtaining certificate

of registration; Use another’s license; Present or use a revoked/suspended license; Assume, use or advertise as ECE with no license; Stamp or seal any document with an expired, suspended or revoked certificate; Sign, affix, seal on plans or document prepared by another; Engage in illegal wire tapping or other violations in private communication; Violate rules and regulations of R.A. 9292

OFFENSES FOR PENAL PROVISIONS

Page 25: Law Summary

Schedule of Examination - APRIL- NOVEMBER

Ratings of Examination 70% IN ALL SUBJECTS Number of days to get the result of examination 15 DAYS AFTER EXAMS Showing the names, addresses and places of

business of al ECE’s shall be prepared by the secretary of the Board; Issued every July of every year

ROSTER OF ECE’S

Code of Ethics Form a moral philosophy, which associated with

mutual interest among men, constitutes the foundation of ethics

HONESTY, JUSTICE AND COURTESY

The keystone of Professional conduct INTEGRITYI am an Electronics and Communications Engineer.

In my profession, I take a deep pride, but without vain glory; to it I owe solemn obligations that I am eager to fulfill

As an Electronics and Communications Engineer, I will participate in none but honest and legal enterprises. To him who has engaged my services as employer or client, I will give the utmost of performance and fidelity.

When needed, my skill and knowledge shall be given without reservation for the public good. From my special capacity springs the obligation to use it well in the service of humanity; and I accept the challenge that it implies

Zealous of the high repute of my calling, I will strive to protect the interests and the good name of any engineer that I know to be deserving; but I will not shrink, should duty dictate, from disclosing the truth regarding anyone who, by unscrupulous act, has shown himself unworthy of the profession.

As the other before me have vitalized and turned to practical account the principles of science and the revelations of technology and have rendered useable to mankind nature’s vast resources of mater and energy, so do I dedicate myself to the analysis, synthesis, and dissemination of engineering knowledge and practice, and especially to the instruction of younger members of my profession in all its arts and traditions.

To my colleagues I pledge, in the same full measure I asked of them, integrity and fair dealing, tolerance and respect, and devotion to the standards and the dignity of out profession, with the consciousness, always that out special expertise carries with it the obligation to serve humanity with complete dedication

PLEDGE OF AN ECE

Additional Laws

Page 26: Law Summary

  QUESTIONS: ANSWERS: Prescribing Policies, Guidelines, Rules and

Regulations for Government Infrastructure Contracts (June 11, 1978)

PRESIDENTIAL DECREE # 1594

Efficient Radio Frequency Availability Program (ERAP) (February 10, 2000)

NTC MEMORANDUM CIRCULAR # 3-2-2000

Guidelines on the Configuration of the Reserve Source or Sources of Energy used to Supply Radio Installation on GMDSS Ships (March 01, 2000)

NTC MEMORANDUM CIRCULAR # 4-3-2000

Guidelines on Annual Testing of 406 MHz Satellite Emergency Positioning indicating Radio Beacon (EPIRB) (March 01, 2000)

NTC MEMORANDUM CIRCULAR # 5-3-2000

Guidelines for the participation of Non-convention Ships (less than 300 G.T.) in the Global Maritime Distress and Safety System (GMDS) (March 01, 2001)

NTC MEMORANDUM CIRCULAR # 6-3-2000

Rules and Regulations Governing Shore Based Maintenance (March 01, 2000)

NTC MEMORANDUM CIRCULAR # 7-3-2000

Form of Radio Certificate for Cargo Ships (March 01, 2000)

NTC MEMORANDUM CIRCULAR # 8-3-2000

Radio Frequency allocation for Cellular Mobile telephone Service (March 09, 2000)

NTC MEMORANDUM CIRCULAR # 9-3-2000

Extension/Modification of Previously Approved WLL frequency in the 3.5 GHz Band (March 09, 2000

NTC MEMORANDUM CIRCULAR # 10-3-2000

Amendment to age qualification of an applicant to qualify for the Licensure Examination (April 14, 2000)

NTC MEMORANDUM CIRCULAR # 11-4-2000

Uniform System of Accounts (May 02, 2000) NTC MEMORANDUM CIRCULAR # 12-5-2000

Billing of Telecommunications Services (June 16, 2000)

NTC MEMORANDUM CIRCULAR # 13-6-2000

Implementing Rules and Regulations (IRR) for the Interconnection of authorized Public Telecommunications (July 21, 2000)

NTC MEMORANDUM CIRCULAR # 14-7-2000

Implementing rules and regulations governing the practice of ECE in the Philippines on MATV, CATV and CCTV. Paging and Background Music System, telephone and Installation

BECE RESOLUTION # 3

Revision of the subjects in ECE Licensure Examination from original 8 subject → 3 subjects

BECE CIRCULAR # 85-09

  QUESTIONS: ANSWERS: Provides the necessary guidelines as to standards,

regulations, requirements, installation operation, maintenance and application with the view to ensure adequate protection and safety to persons, engage and use of ECE components, devices, equipments, plants installation, services/facilities, installed in commercial, industrial, social and institutional buildings

PHILIPPINE ELECTRONICS CODE VOL. 1 (SAFETY)

Page 27: Law Summary

Ordering that the Philippine Electronics Code Vol. 1 become part of the National Building Code (P.D. # 1096)

MEMORANDUM ORDER # 80-4

Provides rules and standards for the ECE industry in planning building telephone facilities geared towards the lowest possible costs, consistent with aesthetic and safe practices, and which result in min. maintenance, future re-arrangement cost and inconvenience

PHILIPPINE ELECTRONICS CODE VOL. 2 (BUILDING TELEPHONE

FACILITIES)