Ece Laws Reviewer
Ece Laws Reviewer
Sandiganbayan vs Ombudsman
- The office of the Ombudsman independently monitors all three branches of the
government for political corruption
- The ombudsman shall give priority to complaints filed against high ranking
government officials and/or those occupying supervisory positions, complaints
involving grave offenses as well as complaints involving large sums of money and/or
properties
- After an investigation the ombudsman files charges at the Sandiganbayan
BRANCHES OF THE GOVERNMENT
1. Executive - President
- Vice President
- Cabinet Members and
workers
2. Legislative - Senate
- House of Representatives
3. Judicial - Supreme Court
- Lower Courts
SHARI’A CIRCUIT COURTS
✓ Equivalent to the Municipal Circuit Trial Courts, establish in certain municipalities in
Mindanao where the Code of Muslim Personal Laws of the Philippines is being
enforced.
✓ There are 5 Shari’a District Courts and 51 Shari’a Circuit Courts in existence.
1. All cases involving offenses defined and punished under Presidential Decree No.1083
2. All civil actions and proceedings between parties who are Muslims or have been
married in accordance with Article 13 of Presidential Decree No. 1083 involving
disputes relating to:
a. Marriage
b. Divorce recognized under Presidential Decree No. 1083(Code of Muslim
Personal Laws of the Philippines)
c. Breach of contract to marry
d. Customary dowry
e. Disposition and Distribution of property upon divorce
f. Restitution of marital rights
3. All cases involving disputes relative to communal (shared) properties.
First Party is plaintiff, the second party Case is found in volume 201 Case was decided by the
is the defendant. It can be italicized of the 3rd Federal united Sates Second Circuit
or underlined. Supplement, page 168 Court of Appeals in 2000
Termination of Contracts
Discharge of a contract means that the parties are released from their obligations
stated in the contract. They no longer have to do what they have agreed.
Discharge of Contracts
A contract can be discharge in 4 ways,
a. Performance- once the parties have done what they promised to do, then the
contract is discharged.
-the parties no longer have any obligations with each other.
Performance and Breach-if a contractual duty has not been discharged, the
contracting party owe an absolute duty(covenant) to perform the duty.
Breach of Contract - if a contracting party fails to perform an absolute duty
under a contract
Usually the parties have to perform all of their obligations in the exact way
stated in the contract.
4 exceptions:
1. Where the contract is divisible- the court may decide that parts of
the contract are separate from the other parts
2. Where the contract can be completed by substantial performance -
when the most important part is completed and only a small part
has not been done.
3. Where performance has been prevented by the other party
4. Where partial performance has been accepted by the other party.
b. Agreement
a. The parties can make a new agreement to end the contract.
b. The contract itself contain a clause which states that the contract will end at a
certain time.
c. The contract may allow the parties to end the contract on giving notice to the
other party
c. Frustration – if it is impossible to carry out what has been agreed then the contract is
void.
- It applies where it becomes impossible to perform the contract after it has
been made
Discharge by Frustration
Frustration applies in the following situations:
1. Destruction of the subject matter of the contract.
a. If the subject matter of the contract is destroyed after the
contract is made then the contract is discharged.
2. Government interference or illegality
a. After the contract has been made, the government may
take some action which frustrates the contract.
b. Or the law may change and the contract becomes illegal.
3. An event does not take place.
a. Where a contract is made only because of some event which
will take place, but then the event does not take place, then
the contract is frustrated.
4. The commercial reason for the contract is defeated.
a. Where a contract is made with a person because of that
person’s skill or knowledge, then if the person dies or
becomes incapacitated, then the contract is frustrated.
5. Death or incapacity of a party in a contract of personal service.
d. Breach – the party violates some contractual duty.
- it is the failure to perform what one’s duty to perform. When this happens, the
non-breaching party can choose remedies base on what was agreed upon.
Enforcement Remedies: If the breaching party refuses to pay the court ordered
judgement, the court may issue:
• Wirt of attachment
• Writ of Garnishment
Dr. Alnar Detalla, Chairman Engr. Enrico Delmoro, Member Engr. Hermie Orbe, Member
RA 9292- “THE ELECTRONICS ENGINEERING LAW OF 2004”
Electronics and Communications Engineer- a person who is qualified to hold himself/herself
out as a duly-registered/licensed Electronics and Communications Engineer under RA No.
5734.
Electronics Engineer- a person who is qualified to hold himself/herself out as a duly
registered/licensed Electronics Engineer under this RA No. 9292 and to affix their name the
letters “ECE”.
o Approved by:
President of the senate- Franklin M. Drillon
Speaker of the House of Representatives- Jose De Venecia Jr.
Secretary of the Senate- Oscar G. Yabes
Secretary General of House of Rep- Roberto P. Nazareno
Date Approved- April 7, 2004
Signed into law by Gloria Macapagal Arroyo (Pres of Philippines) last April 17, 2004
Officer-In-Charge – Lamberto R. Barbin
o RA 9292 was published in the Manila Times last May 12, 2004
o After 15days (May 27, 2004) of its full publication or any newspaper of General
Circulation, RA 9292 took Effect.
o The Electronics and Communications Engineering Law of the Philippines ( RA 5734), was
enacted way back in 1969, 35 years ago at the time when electronic technologies does
not exist.
o ASEAN Countries: Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines,
Singapore, Thailand and Vietnam.
o APEC Engineer Register Programs: a program recognizing “substantial equivalence” of
professional competence in engineering profession,
:A program that will ensure that professional engineers have the opportunity to
have their professional standing recognized within the APEC region.
:APEC Engineer Register Programs- Agricultural, Aeronautical, Chemical, Civil,
Electrical, Mining, Geodetic, Mechanical, Metallurgical, Sanitary and Electronics.
APEC- Asia-Pacific Economic Cooperation
Sec 5.- Nature and Scope of Practice of Electronics Engineering and Electronics
Technician Professions.
Sec1. – Short Title. This act shall be known as the “Electronics Engineering Law of 2004”
Section 3. Definition of Terms
o Electronics- the science dealing with the development and application of
devices and systems involving the flow of electrons or other carriers of electric
charge.
o Telecommunications- any transmission, emission or reception of voice, data,
electronic messages, text written or printed matter, etc., through wire, radio, or
other electronic, electromagnetic and technological means.
o 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”.
o 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”.
o 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”.
o Electronics and Communications Engineer- a person who is qualified to hold
himself/herself out as a duly registered/licensed Electronics and Communications
Engineer under RA No. 5734.
o Computer- any 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.
o Information and Communications Technology- the acquisition, production,
transformation, storage and transmission/reception and information by electronic
means. Also refers to the theoretical and practical applications and processes
utilizing such data and information.
o Communications- the process of sending and/or receiving information, data,
signals between 2 or more points.
o Accredited Professional Organization (APO)- refers to the IECEP, Inc as the
integrated and accredited national organization of PECE, ECE and ECT.
Section 4. categories of Practice- the act defined the three electronics engineering
and technician categories and their abbreviations.
Section 6. Composition of the Board-
» It must be composed of a chairman and 2 members, who shall be
appointed by the President of THE Philippines from three
recommendees per position chosen and ranked by the commission
and 5 nominees for each position submitted by APO.
Section 7. Powers and Functions of the Board:
The board is vested with powers and authorities to:
✓ Administer/Implement the provisions of RA. No 9292
✓ Administer oaths in connection with the administration of R.A. No. 9292
✓ Adopt the official seal of the Board
✓ Issue Certificates of Registration and the Professional Identification Cards
of PECEs, ECEs and ECTs in accordance with Section 19, Article III of RA
9292, suspend or revoke the same from the practice of his/her profession
for any justifiable cause in accordance with Section 23 and 26 of RA 9292.
✓ Maintain rosters of PECEs, ECEs and ECTs as defined in Section 25, Article
III of R.A. No. 9292
Section 8. Qualifications of Board Members
✓ Must be a citizen and resident of the Philippines for at least 5 consecutive
years prior to his/her appointment,
✓ Be a good moral character and integrity.
✓ Be a holder of a valid Certificate and a valid PIC as a PECE, duly
qualified to practice as a PECE in the Philippines
✓ Be a member of APO
✓ In practice of electronics engineering profession at least 10 continuous
years.
✓ Must not be related in any school or review centers
✓ Must not have been convicted of an offense involving moral turpitude.
Section 9. Term of Office
✓ 3 years from the date of appointment
✓ Any vacancy occurring within the term of a member shall be filled for
the unexpired portion of the term only.
✓ 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 by 6 years.
✓ Each member of the board shall take the proper oath prior to the
assumption of office.
Section 10/. Compensation and Allowances of the Board
✓ They must receive an allowance under the commission as provided for
in the General Appropriations Act.
Section 11. Removal of Board Members.
✓ They can be removed for neglect of duty, incompetence, manipulation
or rigging of the licensure examination results, disclosure of secret
information etc.
Section 12. Custodian of Board Records, Secretariat and Support Services
✓ All of the records of the board shall be kept by the commission. The
commission shall designate the secretary of the board and shall provide
the secretariat and other support services.
SECTION 13. LICENSURE EXAMINATION
✓ All applicants seeking to be an ECE and ECT shall undergo the required
examinations in such places and dates in accordance with the
provisions of Republic Act No. 8981.
SECTION 14. Qualifications for Examinations- In order to be allowed to take the
examination:
✓ 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.
✓ Has a good moral character and have not been convicted by a court
of law.
✓ For ECE, they must be a degree holder of BSECE
Section 15. Scope of Examination- ECT shall consists of written and/or practical
tests covering subjects to be prescribed by the board
Section 16. Ratings TO PASS THE LICENSURE EXAMINATIONS (ECE & ECT)
✓ They must obtain the passing rate of 70% per subject
✓ If not lower than 60%, removal
Section 17. Release of the Results of Examination
✓ Shall release within 15 days after the said examination.
Section 18. Qualifications and Schedule of Registration for PECE.
✓ Valid Certificate of Registration and Professional Identification Card as
Electronics Engineer
✓ Valid/current membership identification card from the Accredited
Professional Organization;
✓ Certified experience record of active self-practice and/or employment
in the format to be prescribed by the Board for a period of at least
seven (7) years (inclusive and/or aggregate), at least two (2) years of
which are in responsible charge of significant engineering work, from
the date applicant took his/her oath as an ECE.
✓ Three (3) certifications signed by three (3) Professional Electronics
Engineers attesting the experience record submitted
Section. 19. Issuance of the Certificate of Registration and Professional
Identification Card.
✓ The Certificate of Registration must have the signature of the
chairperson and members of the board, stamped with the official seal
of the Commission and the Board
Section 20. Registration with and without Examination for Electronics Technicians
✓ He/ She is a graduate of at least a 2-year Associate, Technician or
Vocational course in Electronics or who have completed the third
third-year equivalent of a Baccalaureate course in Electronics and
Communications Engineering and Electronics Engineering.
✓ He/ she has rendered at least seven (7) years of active self self-
practice and/or employment
✓ At least three (3) registered PECEs vouching for the integrity, technical
capability and good moral character of the applicant
Section 21. Non-Non-issuance of a Certificate of Registration and/or Professional
Identification Card for Certain Grounds
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 involving moral turpitude.
✓ any person of immoral or dishonorable conduct.
✓ Any person of unsound mind.
Section 22. Professional Oath- as a prerequisite to practicing as a Professional
Electronics Engineer, Electronics Engineer or Electronics Technician.