Basic laws (ECE)

1. FUNDAMENTALS OF LAW
BY: CHELDY SYGACO ELUMBA-PABLEO,MPA,LLB
ECE SUBJECT

2. WHAT IS A LAW?
 A binding principles and regulations established in a
community by some authority that governs and
guides action, relationship, that are applicable to its
people, organizations, and the government, whether
in the form of legislation or of custom and policies
recognized and enforced by judicial decision.
BY: CHELDY SYGACO ELUMBA-PABLEO,MPA,LLB

3. WHAT IS ETHICS?
 moral principles that govern a person's behavior or
the conducting of an activity that determines what is
right or wrong, bad and good, just and unjust.
 It is a moral principle or set of values that define and
direct us to the right choice.

4. LAW VERSUS ETHICS
 The law refers to a systematic body of rules that governs
the whole society and the actions of its individual
members.
 Ethics is a branch of moral philosophy that guides
people about the basic human conduct. Violation of law
is not permissible which may result in punishment like
imprisonment or fine or both.

5. PURPOSE AND FUNCTION OF LAW
 The law serves many purposes and functions in
society.
 Four principal purposes and functions are:
1. establishing standards,
2. maintaining order,
3. resolving disputes, and
4. protecting liberties and rights.

6. 1. ESTABLISHING STANDARDS
 The law is a guidepost for minimally acceptable behavior in society.
 Some activities, for instance, are crimes because society (through a
legislative body) has determined that it will not tolerate certain behaviors
that injure or damage persons or their property.
 For example, under a typical state law, it is a crime to cause physical
injury to another person without justification—doing so generally
constitutes the crime of assault.

7. 2. MAINTAINING ORDER
 This is an offshoot of establishing standards.
Some semblance of order is necessary in a civil
society and is therefore reflected in the law.
 The law—when enforced—provides order
consistent with society’s guidelines.

8. 3. RESOLVING DISPUTES
Disputes are unavoidable in a society made
of persons with different needs, wants,
values, and views. The law provides a formal
means for resolving disputes—the court
system.

9. 4. PROTECTING LIBERTIES AND RIGHTS
 A purpose and function of the law is to protect these various liberties
and rights from violations or unreasonable intrusions by persons,
organizations, or government.
 For example, subject to certain exceptions, the First Amendment to
the Constitution prohibits the government from making a law that
prohibits the freedom of speech. Someone who believes that his free
speech rights have been prohibited by the government may pursue a
remedy by bringing a case in the courts.

10. WHAT ARE CLASSIFICATIONS OF LAW?
1. Substantive Law or Procedural Law
2. Civil Law or Criminal Law
3. common or statute.

11. 1. SUBSTANTIVE LAW
 A substantive law is a law that creates and controls the rights and duties
of parties.
 General examples include the laws regarding torts, contracts and real
property.
 A specific example of a substantive law is a law prohibiting trespassing
on another’s property. Why? Because such a law creates and defines
trespassing and puts would-be trespassers on notice regarding the liability
(if it is civil trespassing) or punishment (if it is criminal trespassing) that
they face for violating the law.

12. 2. PROCEDURAL LAW
 A procedural law, on the other hand, is a law that creates
and controls the process of enforcing the rights and duties
under substantive law.
 General examples include the rules of evidence,
jurisdiction, and pleading and practice (which are referred to
as either civil procedure or criminal procedure, depending
on the type of proceeding).

13. PROCEDURAL LAW
 A specific example of a procedural law is a statute of limitations. A
statute of limitations is a statute that creates a time limit for bringing a
civil case (i.e., filing a lawsuit) or a criminal case (i.e., initiating a
prosecution);
 Typically, the time limit is measured from the date of the event giving
rise to the lawsuit or prosecution. This means that in personal injury
cases, for instance, a lawsuit must be brought within a certain period of
time after the injury occurred; otherwise, it will be time-barred.

14. 3. CIVIL LAW
 Civil law is the law of private rights and duties.
 As with substantive law, general examples include the laws regarding
torts contracts, and real property.
 A specific example of a civil law is a law providing that all contracts
for the sale of real property must be in writing. Why is it a civil law?
Because it deals with duties between private parties; and any violation
of it is a wrong between the parties, not a wrong against the whole
community.

15. 4. CRIMINAL LAW
 Criminal law, on the other hand, is the law of public
rights and duties; put another way, it is the law that
creates and controls wrongs committed against the
whole community.
 Criminal law violations are called crimes.
 Specific examples include laws against assault,
burglary, and robbery.

16. CONCERNS
 Civil law is concerned with private rights and remedies,
that is, the duties that exist among and between persons,
organizations, and governments (other than, of course, the
duty not to commit crimes).
 Conversely, criminal law is concerned with public rights
and remedies, that is, with wrongs committed against the
public or whole community.

17. GOALS
 In civil law, the primary goal is to make an injured party
whole, or compensate him for the damage done to him.
This is accomplished by awarding either a legal remedy or
equitable remedy.
 The main legal remedy is compensatory damages, which
is money.

18. 5. COMMON LAW
 Is a rule of behavior accepted by society on the
basis of established custom and practices as
evidenced by decisions in the court.
 It is based on traditions: past decision of judges. It
first came into existence before written records.

19. 6. STATUTE
Is a legislation contained in precise written
statements of requirements emanating
from parliament

20. SOURCES OF LAW
 There are numerous sources of law, including:
1. constitutions,
2. legislatures,
3. executives,
4. judiciaries,
5. administrative agencies, and
6. international organizations.

21. CONSTITUTION
TheConstitution is a source of law in and of itself;
after all, it’s the Constitution, “the supreme Law of
the Land.”
 It is the source of law between the legislative,
executive, and judicial branches of the
government, which are other sources of law.

22. LEGISLATURES
 Legislative Branch: Headed by Congress, which includes the
House of Representatives and the Senate.
 The main task of these two bodies is to make the laws.
 Its powers include passing laws, originating spending bills
(House), impeaching officials (Senate), and approving
treaties (Senate).

23. EXECUTIVES
 Executive Branch of Government. Article VII, Section 1, of the 1987
Constitution vests executive power on the President of the
Philippines.
 The executive branch of the Philippine government is responsible
for enforcing laws;
 The President acts as both the head of state and commander-in-
chief of the armed forces.

24. JUDICIARIES
 The judicial power is vested in the Supreme Court of the Philippines
and lower courts established by law.
 The Supreme Court, which has a Chief Justice as its head and 14
Associate Justices, occupies the highest tier of the judiciary.
 The main job of the Supreme Court is to interpret the Constitution.
Like being a referee when two players cry foul, it is the Supreme
Court's job to decide who is correct.

25. ADMINISTRATIVE AGENCIES
 An administrative body/agency is any government
authority, other than a court and a legislature, that
affects the state and its citizens through rule-making,
adjudication, and implementation.
 Its functions are primarily executive but it exercises some
form of legislative and judicial powers.

26. ADMINISTRATIVE AGENCIES
 IN THE ADMINISTRATIVE CODE, AN AGENCY IS DEFINED TO
INCLUDE:
1. any government unit authorized by law to make rules, issue licenses,
grant rights or privileges, and adjudicate cases.
2. research institutions with respect to licensing functions.
3. government corporations with respect to functions regulating private
right, privileges, occupation or business.
4. officials in the exercise of disciplinary power as provided by law.

27. INTERNATIONAL ORGANIZATIONS
 The role that international organizations can play depends on
the interests of their member States.
 States establish and develop international organizations to
achieve objectives that they cannot achieve on their own.
 By the same token, States will not permit international
organizations to do things that constitute, in the eyes of these
States, interference in their internal affairs.

28. SOURCES OF LAWS AFFECTING ECE
PROFESSION
 Republic Act No. 9292-This Act shall be known as
the "Electronics Engineering Law of 2004“ passed
by Twelfth Congress in their
Third Regular Session on April 17, 2004.

29. WHAT IS THE PURPOSE OF THIS LAW?
 Sec. 39, Art. VIII of RA 9292, An act providing for a more
responsive and comprehensive regulation for the
regulation, licensing and practice of professional
electronics engineers and technicians, repealing RA 5734,
otherwise known as “THE ELECTRONICS AND
COMMUNICATIONS ENGINEERING ACT OF THE
PHILIPPINES”

30. WHAT ARE THE CATEGORIES OF PRACTICE
THAT ARE UNDER THIS LAW?
 Section 4. Categories of Practice .- the following
shall be the engineering and technician categories
covered by this Act:
 (a) Professional Electronics Engineer (PECE)
 (b) Electronics Engineer (ECE)
 (c) Electronics Technician (ECE)

31.  COMPOSED OF:
1. chairman and
2. two (2) members
 appointed by the President of the Philippines from the three
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.
PROFESSIONAL REGULATORY BOARD OF
ELECTRONICS ENGINEERING’S COMPOSITION

32. POWERS AND FUNCTIONS OF THE
BOARD
 (a) Administer/Implement the provisions of this Act;
 (b) Administer oaths in connection with the administration of this Act;
 (c) Adopt an official seal of the Board;
 (d) Issue, suspend or revoke Certificates of Registration and accordingly the
Professional Identification Cards of Professional Electronics Engineers,
Electronics Engineers or Electronics Technicians, or otherwise suspend the
holder thereof from the practice of his/her profession, for any justifiable
cause and after due process;

33. POWERS AND FUNCTIONS OF THE
BOARD
 (e) Maintain a roster of Professional Electronics Engineers, Electronics Engineers and
Electronics Technicians;
 (f) Issue, suspend and/or cancel special permits to foreign Professional Electronics
Engineers, Electronics Engineers or Electronics Technicians in accordance with the
provisions of this Act;
 (g) Prescribe, amend or revise the requirements for licensing of Professional
Electronics Engineers, and prepare, adopt and issue the syllabi of the subjects for the
licensure examination for Electronics Engineers and Electronics Technicians, and
prepare the questions therefore, in strict conformance with the scope of the syllabi;

34. POWERS AND FUNCTIONS OF THE
BOARD
 (h) Adopt a program for the full computerization of the licensure
examination;
 (i) Grant registration without examination, subject to review and
approval by the Commission, in accordance with the provisions of
this Act;

35. POWERS AND FUNCTIONS OF THE
BOARD
 (j) Study, examine and recommend, in coordination with the Commission on
Higher Education (CHED) and the Technical Education and Skills Development
Authority (TESDA), and in consultation with other concerned government entities
and the accredited professional organization, the essential requirements as to
curricula and facilities of schools, colleges or universities, seeking permission to
open courses or programs or already offering courses or programs in electronics
engineering, electronics technician and related courses or programs and to see to
it that these requirements, including employment of qualified faculty members, are
properly complied with

36. POWERS AND FUNCTIONS OF THE
BOARD
 (k) Inspect educational institutions and based on their findings thereon,
recommend to the CHED and/or the TESDA and/or other government entities
concerned with the granting of school permits or authorization, the opening,
improvement/upgrading or closure of colleges or schools and universities
offering electronics engineering and electronics technician courses or programs;
 (l) Adopt and administer a Code of Ethics and a Code of Technical Standards of
Practice for Professional Electronics Engineers, Electronics Engineers and
Electronics Technicians in the Philippines;

37. POWERS AND FUNCTIONS OF THE
BOARD
 (m) Promulgate rules and regulations on the scope of practice of
Professional Electronics Engineers, Electronics Engineers and
Electronics Technicians;
 (n) Promulgate a program for continuing professional education
and/or development of Professional Electronics Engineers, Electronics
Engineers and Electronics Technicians;

38. POWERS AND FUNCTIONS OF THE
BOARD
 (o) Prescribe the minimum manning and manpower
requirements for Professional Electronics Engineers,
Electronics Engineers and Electronics Technicians in
industrial plants and commercial establishments for
purposes of ensuring compliance with the provisions of
this Act and all other ordinances, laws, rules and
regulations that may be enacted hereinafter;

39. POWERS AND FUNCTIONS OF THE
BOARD
 (p) Formulate, prescribe and adopt such rules and regulations for
electronics installations in industrial plants, commercial
establishments and other buildings or structures covered by the
National Building Code of the Philippines, in coordination with the
Department of Public Works and Highways (DPWH), other
concerned government agencies, representatives of industry and
the Accredited Professional Organization;

40. POWERS AND FUNCTIONS OF THE
BOARD
 (q) Study the conditions affecting the Professional Electronics Engineering, Electronics
Engineering and Electronics Technician Professions in the Philippines, and whenever
necessary, exercise the powers conferred by this and other Acts, and adopt such
measures as may be deemed proper for the enhancement and advancement of the
professions and/or the maintenance of high professional, ethical and technical standards,
and for this purpose, the Board may personally or through subordinate employees of the
Commission or member/s of the Accredited Professional Organization, duly authorized
by the Board and approved by the Commission, conduct ocular inspection or visit
industrial plants and commercial establishments where Professional Electronics Engineers,
Electronics Engineers and Electronics Technicians are employed for the purpose of
determining compliance with the provisions of law relative thereto, in accordance with
established policies promulgated by the Commission;

41. POWERS AND FUNCTIONS OF THE
BOARD
 (r) Hear and decide violations of this Act, its implementing rules
and regulations, the Code of Ethics and the Code of Technical
Standards of Practice for the profession, and for this purpose,
issue subpoena ad testificandum and/or subpoena duces tecum
to secure attendance of witnesses and the production of
documents in connection with the charges presented to and/or
any investigation pending before the Board;

42. POWERS AND FUNCTIONS OF THE
BOARD
 (s) Delegate the hearing or investigation of administrative cases
filed before it to authorized officers of the Commission, except in
cases where the issue involved strictly concerns the practice of the
Professional Electronics Engineering, Electronics Engineering and
Electronics Technician Professions, in which case the hearing shall
be presided over by at least one (1) member of the Board assisted
by a Legal or Hearing Officer of the Commission;

43. POWERS AND FUNCTIONS OF THE
BOARD
 (t) Promulgate resolutions, orders and/or decisions on such
administrative cases: Provided, That such resolutions, orders and/or
decisions shall be subject to appeal within fifteen (15) days from
receipt thereof with the Commission, which may affirm or reverse the
same, dismiss the case, deny the appeal or remand the case to the
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;

44. POWERS AND FUNCTIONS OF THE
BOARD
 (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

45. POWERS AND FUNCTIONS OF THE
BOARD
 (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.

46. THANK YOU FOR READING!
CHELDHAYE