RA 9292 Electronics Engineering
RA 9292 Electronics Engineering
RA 9292 Electronics Engineering
5224
S. No. 2683
Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two
thousand three.
ACT
PROVIDING
FOR
A
MORE
RESPONSIVE
AND
COMPREHENSIVE REGULATION FOR THE REGISTRATION,
LICENSING AND PRACTICE OF PROFESSIONAL ELECTRONICS
ENGINEERS, ELECTRONICS ENGINEERS AND ELECTRONICS
TECHNICIANS, REPEALING REPUBLIC ACT NO. 5734,
OTHERWISE
KNOWN
AS
THE
"ELECTRONICS
AND
COMMUNICATIONS ENGINEERING ACT OF THE PHILIPPINES",
AND FOR OTHER PURPOSES
(a) 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-state
and/or in similar devices, including, but not limited to, applications involving optical,
electromagnetic and other energy forms when transduced or converted into electronic
signals.
(b) 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".
(c) 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".
(d) 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".
(e) 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.
(f) 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.
(g) 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.
(h) 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
(i) 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.
(j) 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.
(b)
(c)
Board for further action or proceeding: Provided, further, That if after fifteen (15)
days from the receipt of such decision no appeal is taken therefrom to the
Commission, the same shall become final and immediately enforceable;
(u) Submit an annual action plan and corresponding report at the beginning
and close of each fiscal year on the activities, proceedings and accomplishments of
the Board for the year, incorporating therein any recommendation to the Commission;
and
(v) Discharge such 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 of the Professional Electronics Engineer,
Electronics Engineer and Electronics Technician professions in the Philippines.
Except those in administrative cases, all resolutions embodying rules and regulations
and other policies and measures issued and/or promulgated by the Board shall be
subject to the review and approval by the Commission.
SEC. 8. Qualifications of Board Members. - The chairman and members of
the Board must possess the following qualifications at the time of their appointment:
(a) Be a citizen and a resident of the Philippines for at least five (5)
consecutive years prior to his/her appointment;
(b) Be of good moral character and integrity;
(c) Be a holder of a valid Certificate of Registration and a valid Professional
Identification Card as a Professional Electronics Engineer, duly qualified to practice
as a Professional Engineer in the Philippines;
(d) Be a member of good standing of the Accredited Professional
Organization;
(e) Be in active practice of the electronics engineering profession for at least
ten (10) years prior to his appointment, either in self-practice, or employment in
government service and/or in the private sector;
(f) Must not have any pecuniary interest, directly or indirectly, in any school,
academy, college, university or institution conferring an academic degree and/or
certification/accreditation necessary for admission to the practice of Electronics
Engineering and/or Electronics Technician or where review classes in preparation for
the licensure examination are being offered or conducted nor shall he/she be a
member of the faculty or of the administration thereof prior to taking his/her oath of
office; and
(g) Must not have been convicted of an offense involving moral turpitude.
SEC. 9. Term of Office. - The members of the Board shall hold office for a
term of three (3) years from date of appointment or until their successors shall have
been appointed and qualified and may be re-appointed once for another term. Any
vacancy occurring within the term of a member shall be filled for the unexpired
portion of the term only: Provided, That the member appointed to serve the unexpired
term may be re-appointed more than once for as long as his/her continuous tenure
shall not exceed six (6) years. Each member of the Board shall take the proper oath
prior to the assumption of office.
SEC. 10. Compensation and Allowances of the Board. - The Chairman and
members of the Board shall receive compensation and allowances comparable to that
being received by the Chairman and members of existing regulatory boards under the
Commission as provided for in the General Appropriations Act.
SEC. 11. Removal of Board Members. - The President of the Philippines, upon
recommendation of the Commission, may suspend or remove any member of the
Board for neglect of duty, incompetence, manipulation or rigging of the licensure
examination results, disclosure of secret information or the examination questions
prior to the conduct of the said examination, or tampering of the grades therein, for
unprofessional or unethical conduct, or for any final judgment or conviction of any
criminal offense by the Courts, after having given the member concerned an
opportunity to be heard and/or to defend himself/herself in a proper administrative
investigation.
SEC. 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.
The Commission shall designate the Secretary of the Board and shall provide
the secretariat and other support services to implement the provisions of this Act.
ARTICLE III
EXAMINATION, REGISTRATION AND LICENSURE
SEC. 13. Licensure Examination. - Except as otherwise specifically provided
in this Act, all applicants seeking to be registered and licensed as Electronics
Engineers and Electronics Technicians, 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.
SEC. 14. Qualifications for Examinations. - In order to be allowed to take the
examination for Electronics Engineer or Electronics Technician, an applicant must, at
the time of the filing of his/her application, establish to the satisfaction of the Board
that:
(a) He/She is a citizen of the Philippines or of a foreign country qualified to
take the examination as provided for in Section 33 of this Act;
(b) He/She is of good moral character and had not been convicted by a court
of law of a criminal offense involving moral turpitude;
should the examinee fail to obtain a passing rating in the removal examination, he/she
shall be considered as having failed the entire licensure examination.
SEC. 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.
SEC. 18. Qualifications and Schedule of Registration for Professional
Electronics Engineer. - For application for registration as a Professional Electronics
Engineer, the following shall be required:
(a) Valid Certificate of Registration and Professional Identification Card as
Electronics Engineer;
(b) Valid/current membership identification card from the Accredited
Professional Organization;
(c) Certified experience record of active self-practice and/or employment
either in government service or in the private sector, in the format to be prescribed by
the Board, indicating the inclusive dates, companies worked for, description of
specific responsibilities, relevant accomplishments and name, position of immediate
supervisors for a period of at least seven (7) years (inclusive and/or aggregate), at
least two (2) years of which are in responsible charge of significant engineering work,
from the date applicant took his/her oath as an Electronics and Communications
Engineer or Electronics Engineer;
(d) Three (3) certifications signed by three (3) Professional Electronics
Engineers attesting that the experience record submitted by the applicant is factual.
Applications for registration as Professional Electronics Engineer may be
submitted anytime to the Commission. The Board shall then schedule an en banc oral
interview of the applicant for the purpose of verifying, authenticating and assessing
the submittals and establishing the competency of the applicant according to rules,
regulations and competency standards to be formulated by the Board: Provided, That
those who have been registered and licensed as Electronics and Communications
Engineers under Republic Act No. 5734 for at least seven (7) years upon the
effectivity of this Act need only to submit items (a), (b), and (c) above: Provided,
further, That those who have been registered and licensed as Electronics and
Communications Engineers under Republic Act No. 5734 for less than seven (7) years
after the effectivity of this Act shall submit their certified experience records and
certifications from three (3) Professional Electronics Engineers as in items (c) and (d)
above, and submit to an en banc oral interview of the Board for competency
assessment, upon passing of which he can be registered as a Professional Electronics
Engineer.
SEC. 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, to
Electronics Engineers who are registered as Professional Electronics Engineers and to
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SEC. 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 or any person authorized by the
Commission before he/she can be registered and issued a Certificate of Registration
and Professional Identification Card, and as a prerequisite to practicing as a
Professional Electronics Engineer, Electronics Engineer or Electronics Technician.
SEC. 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 and its implementing rules and regulations,
the Code of Ethics and the Code of Technical Standards of Practice, or where fraud,
deceit, or false statement was found to have been employed in obtaining said
Certificate of Registration, Professional Identification Card or Special Permit.
SEC. 24. Reinstatement, Re-issuance 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,
subject to compliance with the applicable requirements of the Commission, and the
Board: Provided, That he/she did not commit any illegal practice of the profession or
any violation of this Act, its rules, codes and policies during the time that his/her
Certificate of Registration and Professional Identification Card was revoked.
A new Certificate of Registration or Professional Identification Card to
replace lost, destroyed, or mutilated certificate or registration card may be issued,
subject to the rules promulgated by the Board and the Commission, upon payment of
the required fees.
SEC. 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, indicating
therein the status of the Certificate of Registration, Professional Identification Card
and membership in the Accredited Professional Organization of the professional,
whether valid, inactive due to death or other reasons, delinquent, suspended or
revoked. The said roster shall be conspicuously posted within the premises of the
Commission and the information therefrom made available to the public upon inquiry
or request.
SEC. 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
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Engineer" or "Electronics Technician", as defined in this Act, or use any word, letter
figure, or sign whatsoever, tending to convey the impression that he/she is a
Professional Electronics Engineer, Electronics Engineer or Electronics Technician, or
advertise that he/she is qualified to perform the work of a Professional Electronics
Engineer, Electronics Engineer or Electronics Technician, 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.
SEC. 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. Hence, no firm, company,
partnership, association or corporation may be registered or licensed as such for the
practice of electronics engineering and electronics technician. However, persons
properly registered and licensed as Professional Electronics Engineers, Electronics
Engineers or Electronics Technicians may, among themselves or with any other allied
professionals, form a partnership or association or corporation and collectively render
services as such: Provided, That individual members of such partnerships or
associations or corporations shall be responsible for their own respective acts.
SEC. 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 registrants name, registration number and title. Plans,
drawings, permit applications, specifications, reports and other technical documents
prepared by and/or executed under the supervision of, and issued by the Professional
Electronics Engineer shall be stamped on every sheet/page with said seal, indicating
therein his/her current Professional Tax Receipt (PTR) number, date/place of payment
and current membership number in the Accredited Professional Organization, when
filed with government authorities or when used professionally.
SEC. 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
SEC. 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 by the
Commission and/or the Board, the Accredited Professional Organization and other
government agencies, pursuant to this Act and other relevant laws, international
treaties, agreements and/or covenants to which the Philippines is a signatory and has
ratified, with respect to continuing professional education and/or development and/or
other similar/related programs.
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ARTICLE VIII
FINAL PROVISION
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 43. Effectivity. - This Act shall take effect fifteen (15) days following
its full publication in the Official Gazette or any newspaper of general circulation.
Approved.
FRANKLIN M. DRILLON
President of the Senate
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 February
2, 2004.
OSCAR G. YABES
Secretary of the Senate
ROBERTO P. NAZARENO
Secretary General
House of Representatives
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