REPUBLIC ACT 9292

METRO MANILA

Begun and Held in (Place)

JULY 28, 2003

Begun and Held (Date)

APRIL 17, 2004

Approved (Date)

RA NO.5734 (ELECTRONICS AND COMMUNICATIONS ENGINEERING ACT OF THE PHILIPPINES”.

Repealed this ACT

FRANKLIN DRILON

President of the Senate.

JOSE DE VENECIA JR.

Speaker of the House of Representatives.

February 2, 2004

This act which is a consolidation of House Bill No. 5224 and Senate Bill No. 2683 was finally passed by the House of Representatives and the Senate on \___.

OSCAR G. YABES

Secretary of Senate.

ROBERTO P. NAZARENO

Secretary General House of Representatives.

GLORIA MACAPAGAL ARROYO

President of the Philippines.

ARTICLE 1

GENERAL PROVISIONS.

SECTION 1: SHORT TITLE

Electronics Engineering Law of 2004.

SECTION 2: Statement of Policy

The state recognizes the importance of electronics engineering.

SECTION 3: Definition and Interpretation of Terms

define different terms in ECE.

Electronics

the science dealing with the development and application of devices and systems involving the flow of electrons or other carriers of electric charge, in a vacuum, in gaseous media, in plasma, in semiconductors, in solid

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".

Electronics and Communications Engineer

a person who is qualified to hold himself/herself out as a duly registered/licensed

Electronics and Communications Engineer under Republic Act No. 5734.

Computer

any of a variety of electronic devices that is capable of accepting data, programs and/or instructions, executing the programs and/or instructions to process the data and presenting the results.

Information and Communications Technology

the acquisition, production, transformation, storage and transmission/reception of data and information by electronic means in forms such as vocal, pictorial, textual, numeric or the like; also refers to the theoretical and practical applications and processes utilizing such data and information.

Communications

the process of sending and/or receiving information, data, signals and/or messages between two (2) or more points by radio, cable, optical wave guides or other devices and wired or wireless medium

Telecommunications

any transmission, emission or reception of voice, data, electronic messages, text, written or printed matter, fixed or moving pictures or images, words, music or visible or audible signals or sounds, or any information, intelligence and/or control signals of any design/format and for any purpose, by wire, radio, spectral, visual/optical/light, or other electronic, electromagnetic and technological means.

Broadcast, Broadcasting

an undertaking the object of which is to transmit audio, video, text, images or other signals or messages for reception of a broad audience in a geographical area via wired or wireless means.

Industrial Plant

includes all manufacturing establishments and other business endeavors where electronic or electronically

Commercial Establishment

shall include but not be limited to office buildings, hotels, motels, hospitals, condominiums, stores, apartments, supermarkets, schools, studios, stadia, parking areas, memorial chapels/parks, watercraft and aircraft used for business or profit, and any other building/s or area/s for business purposes, where electronic or electronically

Consulting Services

as used in this Act, shall include services requiring adequate technical expertise, experience and professional capability in undertaking advisory and review, preinvestment or feasibility studies, design, planning, construction, supervision, management and related services, and other technical studies or special studies in the field of electronics engineering.

Accredited Professional Organization

the integrated and accredited national organization of Professional Electronics Engineers, Electronics Engineers and Electronics Technicians.

SECTION 4: Categories of Practice

categories covered by this ACT are PECE, ECE and ECT.

SECTION 5: Nature and Scope of Practice of Electronics Engineering and Electronics Technician Professions

The scope and nature of practice of the Electronics Engineer shall embrace and consist of any work or activity relating to the application of engineering sciences, the scope and nature of practice of the Professional Electronics Engineer shall embrace and consist of all of the above plus the sole authority to provide consulting services as defined in this Act and to sign and seal, the scope and nature of practice of the Electronics Technician profession shall embrace and consist of any nonengineering work.

ARTICLE II

PROFESSIONAL REGULATORY BOARD OF ELECTRONICS ENGINEERING.

Section 6: Composition of the Board

composed of a chairman and two (2) members who shall be appointed by the President of the Philippines from the three (3) recommendees per position chosen and ranked by the Commission, which recommendees shall in turn be chosen from the five (5) nominees for each position submitted by the accredited professional organization, in accordance with rules and regulations presently in existence or that may be promulgated for such purpose.

Section 7: Powers and Functions of the Board

Administer/Implement the provisions of this Act.

Section 8: Qualifications of Board Members

a resident of the Philippines for at least five (5) consecutive years, good moral character, PECE and APO.

Section 9: Term of Office

members of the Board shall hold office for a term of three (3) years from date of appointment, as long as his/her continuous tenure shall not exceed six (6) years.

Section 10: Compensation and Allowances of the Board

shall receive compensation and allowances comparable to that being received by the Chairman.

Section 11: Removal of Board Members

President of the Philippines, upon recommendation of the Commission, may suspend or remove any member of the Board for neglect of duty.

Section 12: Custodian of Board Records, Secretariat and Support Services.

All records of the Board, including applications for examination, administrative cases involving Professional Electronics Engineers, Electronics Engineers and Electronics Technicians shall be kept by the Commission.

ARTICLE III

EXAMINATION, REGISTRATION AND LICENSURE

Section 13: Licensure Examination

shall undergo the required examinations to be given by the Board in such places and dates as the Commission may designate in accordance with the provisions of Republic Act No. 8981.

Section 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.

Section 15: Scope of Examination for Electronics Engineers and Electronics Technicians

shall cover subjects prescribed by the Board but including at least the following: Mathematics, Applied Sciences, Engineering Economics, Laws and Ethics, Electronics, Communications, Computers, and Information and Communications Technology.

Section 16: Ratings

passing rating of seventy percent (70%) in each subject given during the examination:Provided, however, That a candidate who obtains a passing rating in the majority of the subjects but obtains a rating in the other subject/s below seventy percent (70%) but not lower than sixty percent (60%), shall be allowed to take one removal examination on the subject/s where he/she failed to obtain the passing rating.

Section 17: Release of the Results of Examination

The Board and the Commission shall correct and rate the licensure examination papers and shall release the examination results within fifteen (15) days after the said examination.

Section 18. Qualifications and Schedule of Registration for Professional Electronics Engineer

For application for registration as a Professional Electronics Engineer such as Professional Identification Card, APO, ECE for atleast 7 years.

Section 19: Issuance of the Certificate of Registration and Professional Identification Card

A Certificate of Registration shall be issued to examinees who pass the Electronics Engineer and Electronics Technician licensure examination.

Section 20: Registration without Examination for Electronics Technicians

Within five (5) years after the effectivity of this Act, the Board shall issue Certificates of Registration and Professional Identification Cards without examination to applicants for registration.

Section 21: Nonissuance of a Certificate of Registration and/or Professional Identification Card for Certain Grounds

The Board and/or the Commission shall not register and shall not issue a Certificate of Registration and Professional Identification Card to any person convicted by a court of competent jurisdiction of any crime.

Section 22: Professional Oath

All successful examinees and all those who have qualified for registration without examination shall be required to take a professional oath before any member of the Board.

Section 23: Revocation and Suspension of Certificate of Registration, Professional Identification Card and Cancellation of Special Permits

The Board shall, upon proper notice and hearing, revoke or suspend the validity of a Certificate of Registration and accordingly the Professional Identification Card, or cancel a Special Permit granted under Section 26 herein, for any of the causes mentioned in the preceding sections, or for unprofessional or unethical conduct, malpractice, incompetence or any violation of this Act.

Section 24: Reinstatement, Reissuance or Replacement of Certificate of Registration and Professional Identification Card

The Board may, two (2) years after the revocation of a Certificate of Registration and Professional Identification Card, upon application and for reasons deemed proper and sufficient, reinstate the validity of a revoked Certificate of Registration and Professional Identification Card.

Section 25: Roster of Professional Electronics Engineers, Electronics Engineers and Electronics Technicians

The Board shall prepare and maintain a roster of the names, residence and/or office address of all registered Professional Electronics Engineers, Electronics Engineers and Electronics Technicians, which shall be updated annually in cooperation with the Accredited Professional Organization.

Section 26: Exemptions from Examination and Registration

No examination and registration shall be required for foreign Professional Electronics Engineers, Electronics Engineers or Electronics Technicians who are temporarily employed by the Philippine Government or by private firms in the Philippines

ARTICLE IV

PRACTICE OF PROFESSIONAL ELECTRONICS ENGINEERING, ELECTRONICS ENGINEERING AND ELECTRONICS TECHNICIANS.

Section 27: Practice of the Profession

No person shall offer himself/herself in the Philippines as, or use the title without holding a valid Certificate of Registration and a valid Professional Identification Card in accordance with this Act, except as provided under Section 26 hereof.

Section 28: Prohibitions and Limitations on the Practice of Electronics Engineering and Electronics Technician Profession

Unless otherwise prescribed by any supervening law, the practice of electronics engineering and electronics technician shall be a professional service, admission to which must be determined on the basis of the individual's personal qualifications.

Section 29: Seal of the Professional Electronics Engineers

All licensed Professional Electronics Engineers shall obtain and use a seal of a design prescribed by the Board bearing the registrant's name, registration number and title.

Section 30: Code of Ethics and Code of Technical Standards of Practice

The Board shall adopt a Code of Ethics and the Code of Technical Standards of Practice for Electronics Engineers and Electronics Technicians, which shall be promulgated by the Accredited Professional Organization.

ARTICLE V

SUNDRY PROVISIONS

Section 31: Continuing Professional Education (CPE) and/or Development Programs

All registered Professional Electronics Engineers, Electronics Engineers, and Electronics Technicians, shall comply with pertinent rules and regulations already prescribed by and/or as may be prescribed and promulgated.

Section 32: Integrated and Accredited Professional Organization

There shall be one (1) integrated and Accredited Professional Organization of Professional Electronics Engineers, Electronics Engineers and Electronics Technicians in the country, which shall be registered with the Securities and Exchange Commission as a non

Section 33: Foreign Reciprocity

No foreigner shall be admitted for registration as Professional Electronics Engineer, Electronics Engineer or Electronics Technician with or without examination.

Section 34: Positions in Government Requiring the Services of Registered and Licensed Professional Electronics Engineers, Electronics Engineers and Electronics Technicians

Within three (3) years from the effectivity of this Act, all existing and proposed positions in the local and national government, whether career, permanent, temporary or contractual and primarily requiring the services of PECE,ECE, ECT.

ARTICLE VI

PENAL PROVISION AND ASSISTANCE OF LAW ENFORCEMENT AGENCIES.

Section 35: Penal Provision

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.

Section 36: Assistance of Law Enforcement and Other Government Agencies.

Any law enforcement agency shall, upon call or request of the Board and/or the Commission, render assistance in enforcing this Act including the Code of Ethics, Code of Technical Standards of Practice and the implementing rules and regulations and measures promulgated hereunder, by prosecuting violators thereof in accordance with law and the Rules of Court.

ARTICLE VII

TRANSITORY PROVISIONS.

Section 37: Transitory Provision

Upon effectivity of this Act, the incumbent Board of Electronics and Communications Engineering shall complete all pending/unfinished works within a six (6)

Section 38: Vested Rights: Electronics and Communications Engineers when this Law is Passed

Electronics and Communications Engineers holding a valid Certificate of Registration and Professional Identification Card at the time of effectivity of this Act shall be automatically registered and recognized as Electronics Engineers.

ARTICLE VIII

FINAL PROVISION.

Section 39: Implementing Rules and Regulations

Subject to the approval of the Commission, the Board, in coordination with the accredited professional organization, shall adopt and promulgate such rules, regulations, resolutions, the Code of Ethics and the Code of Technical Standards of Practice for Professional Electronics Engineers, Electronics Engineers and Electronics Technicians to carry out the provisions of this Act, which shall be published in the Official Gazette or a newspaper of general circulation and shall be effective fifteen (15) days after publication therein.

Section 40: Appropriations

The Chairperson of the Professional Regulation Commission shall include in the Commission's program the implementation of this Act, the funding of which shall be included in the annual General Appropriations Act.

Section 41: Separability Clause

If any provisions of this Act or any portion hereof is declared unconstitutional by any competent court, the other provisions hereof shall not be affected thereby.

Section 42: Repealing Clause

Republic Act No. 5734 is hereby repealed. All other laws, executive orders, rules and regulations or parts thereof in conflict with the provisions of this Act are hereby repealed or amended accordingly.

Section 43: Effectivity

This Act shall take effect fifteen (15) days following its full publication in the Official Gazette or any newspaper of general circulation.