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Laws and Ethics:
ICT Perspective Towards Leadership and Development
10110000111010011010
1 + 1 = 1 1 + 1 = 2
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 Covers policies involving science and technology which are designed to be
adept for both technical and non-technical people.
 Synergizes natural and social sciences to meet the standards of industry,
government and society.
 Initiates concept developments.
 Promotes engagement in life-long learning.
 Discusses questions and answers to various probable government qualifying
examination.
Ravenal A. De Jesus, PECE, ASEAN Engineer
Author
Professional Electronics Engineer
Electronics and Communications Engineer (5th Place, ECE Board Exam)
Career Service Eligible (Professional)
First Class Radiotelephone Operator
Licensed Professional Teacher
Provincial Head, DICT
NESTOR PILAR
ALFREDO RIVERA JR.
JOSEPH ROSAL
BENITO CRUZ
CIPRIANO CARRANZA
EDWIN ANDAYA
BONIFACIO SAPLAN
MANUEL SOBREPEÑA JR.
ARTHUR INSON
Contributing Editors
Philippine Copyright © 2018
By: Ravenal A. De Jesus
ISBN 978 – 971 – 0572 – 94 – 6
All Rights Reserved
No part of this book may be reproduced or utilized in
any form or by any means, without written permission from
the author and/or from the publisher.
__________________________________________________
Any copy of this book not bearing the signature / seal
of the author / publisher on this page shall be considered as
coming from an illegal source.
Printed by: El Bulakeño Printing House
Sto. Rosario, City of Malolos, Bulacan
Table of Contents
PREFACE iv
1. Overview 1
2. A Primer on Information and Communications Technology (ICT) 15
3. Leadership Essentials 59
4. Project Showcase 81
5. Miscellany 101
Drill Question Bank 102
Supplementary Question Bank 110
iv
PREFACE
This book entitled “Laws and Ethics: ICT Perspective
Towards Leadership and Development” is made by the globally
competitive engineer. The coverage includes the following but not
limited to: policies involving science and technology which are
designed to be adept for both technical and non-technical people;
synergy of natural and social sciences to meet the standards of industry,
government and society; initiation of concept developments; promotion
of engagement in life-long learning; contribution to the development of
engineering practice, leading / managing significant projects,
demonstration of engineering leadership, management of engineering
business / organizational outcome, involvement in research and
development and the most popular of engineering book series i.e.
discussion of questions and answers to various probable government
qualifying examination.
ACKNOWLEDGEMENT
I would like to express my deep and cordial gratitude to my
colleagues, comrades and love ones who gave contribution in this work:
Thanks to Department of Information and Communications
Technology (DICT, formerly DOST-ICTO) as well to the contributing
editors of this book for the opportunities in their agency with full support
of Engrs. Reynaldo Sy, Petronilo Villafuerte, Nimir Calupitan, Pablito
Dela Peña, Armando Rillera, Danilo De Leon Jr., Ricardo Juangco and
Mario Antonio Aya-Ay.
Thanks to Bulacan State University (BulSU) through College of
Engineering (COE) and Electronics Engineering (ECE) Department.
Thanks to ACCENTURE where I practiced my Electronics
Engineering profession in the field of Information and Communications
Technology (ICT) with Marc Culili, Gilbert Paltao and other colleagues.
Thanks to Armed Forces of the Philippines - Corps of
Professors (AFP – COP) who boosted my confidence in teaching.
Thanks also to my colleagues in PAGE, Oliver Mariano and
Romeo Rosas who are both ASEAN Engineers who continuously
supported our career development.
Last but not the least, the Bases Conversion Development
Authority (BCDA) who fostered partnership with DICT and FacebookTM
in constructing the state of the art project named SECURE GovNet –
Luzon Bypass Infrastructure. The synergy of three parties gave me
significant engineering experience.
Ravenal A. De Jesus, PECE, ASEAN Engineer, LPT, 1PHN
Concurrent Provincial Head (DICT Provincial Field Office)
and Focal (SECURE GovNet)
ICT Perspective Towards Leadership and Development
1
1. Overview
Objectives:
 Evaluate the impact of technology in economy
 Analyse why countries enter membership as
“economies” in various communities /cooperation
 Reconcile misconceptions in science and technology
The world is getting smaller and even smaller due
globalisation. Globalisation has a number of benefits that can
give to member economies1
, and there are also challenges that
should be addressed. Local products will be affected as
consumers might opt to choose affordable imported products
freely entering the country. When a host country is facing
massive unemployment, expatriates are coming to work in the
same host country, creating competition with the citizens.
However, as popularly said that there are always two
sides of the coin, some economic fiasco might constructively
affect others in some aspect. There was a recession in 2008
where factories shut down due to financial crises. At first
glance, it was really alarming as business were affected. On
the other hand, the price of oil dropped due to the decreased
demand. This is a challenging scenario for leaders and
economist to analyse. The depth of discussion of economics is
written in other book of the author.
1
Economies throughout in this context refers to state, countries or
territories that entered membership in certain economic community
and / or cooperation (e.g. ASEAN, APEC etc.)
ICT Perspective Towards Leadership and Development
2
Figure 1.1 ASEAN Map (Source: ASEAN Website
Reference URL: https://asean.org/asean/asean-member-states )
ICT Perspective Towards Leadership and Development
3
Association of Southeast Asian Nations (ASEAN) Member
States
Brunei Darussalam
Head of State : His Majesty Sultan Haji Hassanal Bolkiah
Mu’izzaddin Waddaulah
Capital : Bandar Seri Begawan
Language(s) : Malay, English
Currency : B$ (Brunei Dollar)
Cambodia
Head of State : His Majesty King Norodom Sihamoni
Head of Government : Prime Minister Hun Sen
Capital : Phnom Penh
Language : Khmer
Currency : Riel
Indonesia
Head of State : President Joko Widodo
Capital : Jakarta
Language : Indonesian
Currency : Rupiah
Lao PDR
Head of State : President Bounnhang Vorachith
Head of Government : Prime Minister Thongloun Sisoulith
Capital : Vientiane
Language : Lao
Currency : Kip
Malaysia
Head of State : His Majesty Seri Paduka Baginda Yang di-
Pertuan Agong XV Sultan Muhammad V
Head of Government : The Honourable Tun Dr. Mahathir
Mohamad, Prime Minister
Capital : Kuala Lumpur
Language(s) : Malay, English, Chinese, Tamil
Currency : Ringgit
ICT Perspective Towards Leadership and Development
4
Myanmar
Head of State : U Win Myint
Capital : Nay Pyi Taw
Language : Myanmar
Currency : Kyat
Philippines
Head of State : President Rodrigo Roa Duterte
Capital : Manila
Language(s) : Filipino, English, Spanish
Currency : Peso
Singapore
Head of State : President Halimah Yacob
Head of Government : Prime Minister Lee Hsien Loong
Capital : Singapore
Language(s) : English, Malay, Mandarin, Tamil
Currency : S$ (Singapore Dollar)
Thailand
Head of State : His Majesty King Maha Vajiralongkorn
Bodindradebayavarangkun
Head of Government : Prime Minister General Prayut
Chan-o-cha
Capital : Bangkok
Language : Thai
Currency : Baht
Viet Nam
Head of State : Nguyen Phu Trong
Head of Government : Prime Minister Nguyen Xuan Phuc
Capital : Ha Noi
Language : Vietnamese
Currency : Dong
ICT Perspective Towards Leadership and Development
5
Figure 1.2 APEC Member Economies (Source: U.S. State Department ;
Reference URL: https://2001-2009.state.gov/p/eap/rls/75725.htm)
ICT Perspective Towards Leadership and Development
6
Figure 1.3 Date of Accession of Member Economies (Source: New Zealand Foreign Affairs & Trade
Reference URL: https://www.mfat.govt.nz/en/trade/our-work-with-apec/ )
ICT Perspective Towards Leadership and Development
7
Technology and economics nowadays are interrelated from
international down to local levels. One example of intertwining of
the latter and the former is the encyclopaedia industry. Prior to the
boom of internet, encyclopaedia was expensive and only few from
upper middle socio – economic class can afford. Years hence,
information became easy to access via internet. The demand in
purchasing encyclopaedia declined which gave detrimental impact
to the aforementioned industry.
Another example was the photography industry. Prior to
computer, phone and printer technology, camera films were
expensive and you have to limit your photo shots. Today, even
amateur photographers can use camera built in phone and take shots
as long as there are enough memory space in the phone.
Moreover, online transactions were made possible by
technology. Faster transaction via online accelerated business that
include the following but not limited to: banking, tourism (online
booking), shopping and other payment both private and government
transactions.
Historically, technology was not a one-day boom but
undergone series of stages of development.
Engagement in Life Long Learning:
We are now living in the Digital Age. Computers process
digital information for suitable and comfortable human use.
This is a tricky question, which type of long distance
communication first utilized? Analog or digital?
Comparing the Pay Old Telephone Service (POTS) and the
phones capable performing tasks of a computer (also known as
Digital Convergence), it is apparent that analog communication was
used before its digital counterpart.
ICT Perspective Towards Leadership and Development
8
However, history also states that telegraph was used before
telephone. The latter is capable of transmitting / receiving analog
electric signals while the former also transmit analog electric signal
BUT the information transmitted is in the form of dots-and-dashes.
It seems that telegraph transmits digital information through analog
medium and the same information will be processed (decoded) by
the receiving end. The coding/decoding of information in
telegraphy is the same that of codes to be decoded in semaphore
(types of colours, position of the flags represent certain conditions).
On the other hand, tribes, clans, empires use indicators such as
smoke to represent some information. A code/condition represented
by smoke is either YES or NO, resembling a discrete level i.e.
digital information.
With the explanation, it seems there is no exact answer
whether analog came first or digital. Reiterating the discussion
above, the information transmitted in telegraph is digital
information through an analog medium while telephone transmits
analog information through analog medium (with exception of
optical fiber nowadays in which information is transmitted through
digital medium i.e. on-off states of light transmitted).
Find it difficult to assess which of the aforementioned
scenario is the most suitable rationalization whether which type of
long distance communication was utilized first over the other. To
analyse further, let us look at the bigger picture. First principles of
science will be used in order to analyse the aforementioned topic.
Human voice consists of complex harmonics which is analog by
nature. Natural vibration is analog by nature. With these inferences,
it could lead that analog type of long distance communication was
first used over digital wherein electrical signals utilized in
telegraphy and telephony was also analog.
The first principles of science are necessary not only in
engineering practice but also in everyday lives. This book
considered utmost efforts in simplifying technical terms for non-
technical readers.
ICT Perspective Towards Leadership and Development
9
Evaluation copy only. For full
version, please visit the National
Library of the Philippines, City of
Manila or contact the author
ICT Perspective Towards Leadership and Development
10
Engagement in Life Long Learning:
Involvement of natural sciences in the practice of
engineering is essential. Natural sciences include the
following but not limited to: chemistry, physics,
mechanics, thermodynamics and materials science. Why
social science is essential in the practice of engineering?
Engagement in Life Long Learning:
Existing government rules of some countries
implement that bidder / supplier with lowest price will win
the bid. This is in view of the principle of “in favour of the
government” and “best interest of the service”.
HOWEVER, in order to circumvent the aforementioned
rule, bidders opt to bring down their prices to the extent of
that quality is compromised while other suppliers give
somewhat expensive quotations yet of high quality. This is
where the role of an engineer i.e. Technical Working Group
(TWG).
ICT Perspective Towards Leadership and Development
11
Engineering practice also evolved as technology emerged.
From manual drafting, computer aided drafting and design (CAD)
are already utilised by practitioners. This CAD significantly eases
the design. As compared to manual drafting, CAD can make
revisions faster with minimal repetition. As discussed earlier,
computers are merged with communications resulting to
Information and Communications Technology (ICT).
Though there is a misconception about ICT such as ICT is
limited only on degree holders of computer related courses (e.g.
computer science, computer engineering and information
technology), Republic Act 9292 (also known as Electronics
Engineering Law of 2004) clearly define ICT as
“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.”
In addition, Republic Act 10844 (also known as
Department of Information And Communications Technology Act
of 2015 ) also define ICT as
“Information and Communications Technology or
ICT shall mean the totality of electronic means to access,
create, collect, store, process, receive, transmit, present and
disseminate information:”
This implies that merely using your computer and/or phone
is actually part of the ICT system. The two laws of the Philippines
cited are also in consonance with the international definition.
ICT Perspective Towards Leadership and Development
12
Evaluation copy only. For full
version, please visit the National
Library of the Philippines, City of
Manila or contact the author
ICT Perspective Towards Leadership and Development
13
Outcomes Assessment: Chapter 1
A
B
C
D
E
1
A
B
C
D
E
2
A
B
C
D
E
3
A
B
C
D
E
4
A
B
C
D
E
5
A
B
C
D
E
7
A
B
C
D
E
8
A
B
C
D
E
9
A
B
C
D
E
10
A
B
C
D
E
11
A
B
C
D
E
12
A
B
C
D
E
13
A
B
C
D
E
14
A
B
C
D
E
15
A
B
C
D
E
16
A
B
C
D
E
17
A
B
C
D
E
18
A
B
C
D
E
19
A
B
C
D
E
20
A
B
C
D
E
21
A
B
C
D
E
22
A
B
C
D
E
23
A
B
C
D
E
24
A
B
C
D
E
25
1. Members of APEC are called__________
a. countries b. states c. nation d. economies
2. ____ shall mean the totality of electronic means to access, create,
collect, store, process, receive, transmit, present and disseminate
information
a. ICT b. EC c. NCC d. MC
3. ____ 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
a. ICT b. EC c. NCC d. MC
4. ____ color results when primary colors of red, green, and blue are
combined together.
a. black b. white c. brown d. indigo
5. Project engagement with non-technical authorities requires skills
and/or background in _____
a. mathematics b. natural science c. social science d. pure science
6. A diagram used to represent the union and intersection of sets
a. wiring diagramb. Venn diagram c. ICT diagram d. anagram
7. ____ pigment results when pigments of cyan, yellow and magenta
are combined together
a. black b. white c. brown d. indigo
ICT Perspective Towards Leadership and Development
14
8. What color is out of phase with red
a. yellow b. magenta c. cyan d. white
9. What color is out of phase with blue
a. yellow b. magenta c. cyan d. white
10. What color is out of phase with green
a. yellow b. magenta c. cyan d. white
ICT Perspective Towards Leadership and Development
15
2. A Primer on Information and Communications Technology
(ICT)
Objectives:
 Differentiate laws from ethics
 Evaluate policies in ICT
Evaluation copy only. For full
version, please visit the National
Library of the Philippines, City of
Manila or contact the author
ICT Perspective Towards Leadership and Development
16
Transcript of RA 10844:
Republic of the Philippines
Congress of the Philippines
Metro Manila
Sixteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-seventh
day of July, two thousand fifteen.
[REPUBLIC ACT NO. 10844]
AN ACT CREATING THE DEPARTMENT OF INFORMATION
AND COMMUNICATIONS TECHNOLOGY, DEFINING ITS
POWERS AND FUNCTIONS APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
SECTION 1. Short. Title. – This Act shall be known as the
“Department of Information And Communications Technology Act
of 2015”.
SEC. 2. Declaration of Policy. – It is hereby declared the policy of
the State:
(a) To recognize the vital role of information and communication in
nation-building;
(b) To ensure the provision of strategic, reliable, cost-efficient and.
citizen-centric information and communications technology (ICT)
infrastructure, systems and resources as instruments of good
governance and global competitiveness;
(c) To ensure universal access to quality, affordable, reliable and
secure Id’ services;
(d) To promote the development and widespread use of emerging
ICT and foster and accelerate the convergence of ICT and ICT-
enabled facilities;
ICT Perspective Towards Leadership and Development
17
(e) To ensure the availability and accessibility of ICT services in
areas not adequately served by the private sector
(f) To foster an ICT sector policy environment that will promote a
broad market-led development of the ICT and ICT-enabled services
(1CT-ES) sectors, a level playing field, partnership between the
public and private sectors, strategic alliance with foreign investors
and balanced investments between high-growth and economically-
depressed areas;
(g) To promote and assist the development of local ICT content,
applications and services which may include support for ICT-based
start-up enterprises through strategic partnerships;
(h) To promote the use of ICT for the enhancement of key public
services, such as education, public health and safety, revenue
generation, and socio-civic purposes;
(i) To encourage the use of ICT for the development and promotion
of the country’s arts and culture, tourism and national identity;
(j) To promote digital literacy, ICT expertise, and knowledge-
building among citizens to enable them to participate and compete
in an evolving ICT age:
(k) To empower, through the use of ICT, the disadvantaged
segments of the population, including the elderly, persons with
disabilities and indigenous and minority groups;
(l) To ensure the rights of individuals to privacy and confidentiality
of their personal information;
(m) To ensure the security of critical ICT infrastructures including
information assets of the government, individuals and businesses;
and
(n) To provide oversight over agencies governing and regulating the
ICT sector and ensure consumer protection and welfare, data
privacy and security, foster competition and the growth of the ICT
sector.
SEC. 3. Definition of Terms. – As used in this Act the following
terms are defined as follows:
(a) Information and Communications Technology or ICT shall mean
the totality of electronic means to access, create, collect, store,
process, receive, transmit, present and disseminate information:
(b) Convergence shall mean the interface between and among
various telephony, radio, video, broadcasting and multimedia
ICT Perspective Towards Leadership and Development
18
infrastructure, devices and services, enabling users or subscribers
thereof to communicate with one another;
(c) Electronic Government or E-Government shall mean the use of
ICT by the government and the public to enhance the access to and
delivery of government services to bring about efficient, responsive,
ethical, accountable and transparent government service:
(d) ICT Sector shall mean those engaged in providing goods and
services primarily intended to fulfill or enable the function of
information processing and communication by electronic means.
The ICT sector includes telecommunications and broadcast
information operators, ICT equipment manufacturers, multimedia
content developers and providers, ICT solution providers, internet
service providers, ICT training institutions, software developers and
ICT-ES providers;
(e) ICT-Enabled Services or ICT-ES Sector shall mean those
engaged in providing services that require the intrinsic use of Id’s
including engineering or architectural design, informatics service
providers, offshoring and outsourcing service providers such as call
centers, back office processing, software development, medical or
legal transcription, animation, game development, and other services
that require the intrinsic use of a networked information
infrastructure; and
(f) Chief Information Officer or CIO shall mean a senior officer in
all national government agencies (NGAs), including constitutional
offices, state universities and colleges (SUCs), government-owned
and -controlled corporations (GOCCs), and government financial
institutions (GFIs) responsible for the development and management
of the agency’s ICT systems and applications.
SEC. 4. Creation of the Department of Information and
Communications Technology (DICT). – There is hereby created the
Department of Information and Communications Technology,
hereinafter referred to as the Department.
SEC. 5. Mandate. – The Department shall be the primary policy,
planning, coordinating, implementing, and administrative entity of
the Executive Branch of the government that will plan, develop, and
promote the national ICT development agenda
ICT Perspective Towards Leadership and Development
19
SEC. 6. Powers and Functions. – The Department shall exercise the
following powers and functions:
I. Policy and Planning
(a) Formulate, recommend and implement national policies, plans,
programs and guidelines that will promote the development and use
of ICT with due consideration to the advantages of convergence and
emerging technologies;
(b) Formulate policies and initiatives, in coordination with the
Department of Education (DepED). the Commission on Higher
Education (CHED), and the Technical Education and Skills
Development Authority (TESDA), to develop and promote ICT in
education consistent with the national goals and objectives., and
responsive to the human resource needs of the ICT and ICT-ES
sectors;
(c) Provide an integrated framework in order to optimize all
government ICT resources and networks for the identification and
prioritization of all E-Government systems and applications as
provided for m the E-Government Masterplan and the Philippine
Development Plan (PDP);
II. Improved Public Access
(d) Prescribe rules and regulations for the establishment, operation
and maintenance of ICT infrastructures in unserved and underserved
areas, in consultation with the local government units (LGUs), civil
society organizations (CSOs). private sector, and the academe;
(e) Establish a free internet service that can be accessed in
government offices and public areas using the most cost-effective
telecommunications technology, through partnership with private
service providers as may be necessary;
III. Resource-Sharing and Capacity-Building
(f) Harmonize and coordinate all national ICT plans and initiatives
to ensure knowledge, information and resource-sharing, database-
building and agency networking linkages among government
agencies, consistent with E-Government objectives in particular, and
national objectives in general;
(g) Ensure the development and protection of integrated government
ICT infrastructures and designs, taking into consideration the
inventory of existing manpower, plans, programs, software,
hardware, and installed systems;
ICT Perspective Towards Leadership and Development
20
(h) Assist and provide technical expertise to government agencies in
the development of guidelines in the enforcement and administration
of laws, standards, rules, and regulations governing ICT;
(i) Assess, review and support ICT research and development
programs of the government in coordination with the Department of
Science and Technology (DOST) and other institutions concerned;
(j) Prescribe the personnel qualifications and other qualification
standards essential to the effective development and operation of
government ICT infrastructures and systems;
(k) Develop programs that would enhance the career advancement
opportunities of ICT workers in government;
(l) Assist in the dissemination of vital information essential to
disaster risk reduction through the use of ICT:
(m) Represent and negotiate for Philippine interest on matters
pertaining to ICT in international bodies, in coordination with the
Department of Foreign Affairs (DFA) and other institutions
concerned;
IV. Consumer Protection and Industry Development
(n) Ensure and protect the rights and welfare of consumers and
business users to privacy, security and confidentiality in matters
relating to ICT, in coordination with agencies concerned, the private
sector and relevant international bodies;
(o) Support the promotion of trade and investment opportunities in
the ICT and ICT-ES sectors, in coordination with the Department of
Trade and Industry (DTI) and other relevant government agencies
and the private sector;
(p) Establish guidelines for public-private partnerships in the
implementation of ICT projects for government agencies; and
(q) Promote strategic partnerships and alliances between and among
local and international ICT, research and development, educational
and training institutions, to speed up industry growth and enhance
competitiveness of Philippine workers, firms, and small and medium
enterprises in the global markets for ICT and ICT-ES.
SEC. 7. Composition. – The Department shall be headed by a
Secretary. The Department proper shall be composed of the Office
of the Secretary, the Offices of the Undersecretaries and the assistant
secretaries.
ICT Perspective Towards Leadership and Development
21
SEC. 8. Secretary of Information and Communications Technology.
– The Secretary shall be appointed by the President, subject to
confirmation by the Commission on Appointments. The Secretary
shall have the following functions:
(a) Provide executive direction and supervision over the entire
operations of the Department and its attached agencies,
(b) Establish policies and standards for the effective, efficient and
economical operation of the Department, in accordance with the
programs of government;
(c) Review and approve requests for financial and manpower
resources of all operating offices of the Department:
(d) Designate and appoint officers and employees of the
Department, excluding the undersecretaries, assistant secretaries,
and regional and assistant regional directors, in accordance with the
civil service laws, rules and regulations;
(e) Exercise disciplinary powers over officers and employees of the
Department in accordance with law, including their investigation
and the designation of a committee or officer to conduct such
investigation:
(f) Coordinate with LGUs. other agencies and public and private
interest groups, including nongovernment organizations (NGOs) and
people’s organizations (POs) on Department policies and initiatives;
(g) Prepare and submit to the President through the Department of
Budget and Management (DBM) an estimate of the necessary
expenditures of the Department during the next fiscal year, on the
basis of the reports and estimates submitted by bureaus and offices
under him/her;
(h) Serve as a member of the Government Procurement Policy
Board (GPPB) as established by Republic Act No. 9184;
(i) Advise the President on the promulgation of executive and
administrative orders and formulation of regulatory and. legislative
proposals on matters pertaining to ICT development;
(j) Formulate such rules and regulations and exercise such other
powers as may be required to implement the objectives of this Act:
and
(k) Perform such other tasks as may be provided by law or assigned
by the President.
ICT Perspective Towards Leadership and Development
22
SEC. 9. Undersecretaries. – The Secretary shall be assisted by three
(3) undersecretaries, who shall be appointed by the President upon
the recommendation of the Secretary: Provided, That two (2) of the
undersecretaries shall be career officers.
SEC.10. Assistant Secretaries. – The Secretary shall be assisted by
four (4) assistant secretaries who shall be appointed by the President
upon the recommendation of the Secretary: Provided, That two (2)
of the assistant secretaries shall be career officers: Provided, further,
That at least one (1) of the assistant secretaries shall be a licensed
Professional Electronics Engineer (PECE), or any suitably qualified
person in accordance with Civil Service Commission (CSC) rules
and regulations.
SEC.11. Qualifications. – No person shall be appointed Secretary,
Undersecretary, or Assistant Secretary of the Department unless he
or she is a citizen and resident of the Philippines, of good moral
character, of proven integrity and with at least seven (7) years of
competence and expertise in any of the following: information and
communications technology, information technology service
management, information security management, cybersecurity, data
privacy. e-Commerce, or human capital development in the ICT
sector.
SEC. 12. Regional Offices – The Department may establish,
operate, and maintain a regional office in the different
administrative regions of the country as the need arises. Each
regional office shall be headed by a Regional Director, who may be
assisted by one (1) Assistant Regional Director. The Regional
Director and Assistant Regional Director shall be appointed by the
President. The regional offices shall have, within their respective
administrative regions, the following functions:
(a) Implement laws, policies, plans, programs, projects, rules and
regulations of the Department:
(b) Provide efficient and effective service to the people:
(c) Coordinate with regional offices of other departments, offices,
and agencies;
(d) Coordinate with the LGUs; and
ICT Perspective Towards Leadership and Development
23
(e) Perform such other functions as may be provided by law or
assigned by the Secretary.
SEC. 13. Chief Information Officer (CIO) Council. – The
Department shall facilitate the creation of the CIO Council, which
shall consist of CIOs, with the Secretary serving as the Chairman, to
assist the Department in the implementation of government ICT
initiatives.
SEC. 14. Sectoral and Industry Task Forces. – The Department may
create sectoral and industry task forces, technical working groups,
advisory bodies or committees for the furtherance of its objectives.
Additional private sector representatives, such as from the academe,
CSOs, and federation of private industries directly involved in ICT,
as well as representatives of other NGAs. LGUs and GOCCs may be
appointed to these working groups. Government IT professionals
may also be tapped to partake in the work of the Department
through, these working groups.
SEC. 15. Transfer of Agencies and Personnel. –
(a) The following agencies are hereby abolished, and their powers
and functions, applicable funds and appropriations, records,
equipment, property, and personnel transferred to the Department:
(1) Information and Communications Technology Office (ICTO);
(2) National Computer Center (NCC);
(3) National Computer Institute (NCI);
(4) Telecommunications Office (TELOF):
(5) National Telecommunications Training Institute (NTTT); and
(6) All operating units of the Department of Transportation and
Communications (DOTC) with functions and responsibilities
dealing with communications.
All offices, services, divisions, units and personnel not otherwise
covered by this Act for transfer to the Department shall be retained
under the DOTC which is hereby renamed the Department of
Transportation.
(b) The following agencies are hereby attached, to the Department
for policy and program coordination, and shall continue to operate
and function in accordance with the charters, laws or orders creating
them, insofar as they are not inconsistent with this Act:
ICT Perspective Towards Leadership and Development
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(1) National Telecommunications Commission;
(2) National Privacy Commission; and
(3) Cybercrime Investigation and Coordination Center (CICC)
(i) All powers and functions related to cybersecurity including, but
not limited to the formulation of the National Cybersecurity Plan,
establishment of the National Computer Emergency Response Team
(CERT), and the facilitation of international cooperation on
intelligence regarding cybersecurity matters are transferred to the
Department; and
(ii) The CICC shall be chaired by the DICT Secretary.
(c) The laws and rules on government reorganization as provided for
in Republic Act No. 6656, otherwise known as the Reorganization
Law, shall govern the reorganization process of the Department.
SEC. 16. Separation and Retirement from Service. – Employees
who are separated from service within six (6) months from the
effectivity of this Act as a result of the consolidation and/or
reorganization under the provisions of this Act shall receive
separation benefits to which they may he entitled under Executive
Order No. 366, s. 2004: Provided, That those who are qualified to
retire under existing retirement laws shall be allowed to retire and
receive retirement benefits to which they may be entitled under
applicable laws and issuances.
SEC. 17. Structure and Staffing Pattern. – Subject to the approval of
the DBM, the Department shall determine its organizational
structure and create new divisions or units as it may deem necessary,
and shall appoint officers and employees of the Department in
accordance with the civil service law, rules, and regulations.
SEC. 18. Magna Carta. – Qualified employees of the Department
and its attached agencies shall be covered by Republic Act No.
3439, which provides a magna carta for scientists, engineers,
researchers and other science and technology personnel in tie
government.
SEC. 19. Transition Period. – The transfer of functions, assets,
funds, equipment, properties, transactions, and personnel of the
affected agencies, and the formulation of the internal organic
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structure, staffing pattern, operating system, and revised budget of
tin Department, shall be completed within six (6) months from the
effectivity of this Act, during which time, the existing personnel
shall continue to assume their posts in holdover capacities until new
appointments are issued: Provided, That after the abolition of tie
agencies as specified in Section 15(a) of this Act, the Department, in
coordination with the DBM, shall determine and create new
positions, the funding requirements of which shall not exceed the
equivalent cost of positions abolished.
SEC 20. Appropriation,. – The amount needed for the initial
implementation of this Act shall be taken from the current fiscal
year’s appropriation of the ICTO and all agencies herein absorbed.
by or attached to the Department. Thereafter, the amount needed for
the operation and maintenance of the Department shall be included
in the General Appropriations Act
SEC 21. Implementing Rules and Regulations. – The ICTC, the
DBM, the CSC, and other government agencies concerned shall
issue within sixty (60) days from the effectivity of this Act. the
necessary rules and regulations for the effective implementation of
this Act.
SEC. 22. Separability Clause. – If any provision of this Act shall be
declared unconstitutional or invalid, the other provisions not
otherwise affected shall remain in full force and effect.
SEC. 23. Repealing Clause. – All laws, decrees, executive orders,
rules and regulations and other issuances or parts thereof which are
inconsistent with this Act are hereby repealed, amended or modified
accordingly.
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SEC. 24. Effectivity. – This Act shall take effect fifteen (15; days
after its publication in at least two (2) newspapers of general
circulation.
Approved,
(Sgd.) FRANKLIN M. DRILON
President of the Senate
(Sgd.) FELICIANO BELMONTE JR.
Speaker of the House of Representatives
This Act was passed by the House of Representatives as House Bill
No. 6198 on October 9, 2015 and adopted by the Senate as an
amendment to Senate Bill No. 2686 on December 15. 2015.
(Sgd.) OSCAR G. YABES
Secretary of the Senate
(Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Representatives
Approved: MAY 23 2016
(Sgd.) BENIGNO S. AQUINO III
President of the Philippines
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Mission
“DICT of the people and for the people.”
The Department of Information and Communications Technology
commits to:
 Provide every Filipino access to vital ICT infostructure and
services
 Ensure sustainable growth of Philippine ICT-enabled
industries resulting to creation of more jobs
 Establish a One Digitized Government, One Nation
 Support the administration in fully achieving its goals
 Be the enabler, innovator, achiever and leader in pushing
the country’s development and transition towards a world-
class digital economy
Vision
“An innovative, safe and happy nation that thrives through and is
enabled by Information and Communications Technology.”
DICT aspires for the Philippines to develop and flourish through
innovation and constant development of ICT in the pursuit of a
progressive, safe, secured, contented and happy Filipino nation.
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Transcript of RA 9292
Republic of the Philippines
Congress of the Philippines
Metro Manila
Twelfth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-eight day
of July, two thousand three.
Republic Act No. 9292 April 17, 2004
AN 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
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
ARTICLE I
GENERAL PROVISIONS
Section 1. Short Title. - This Act shall be known as the "Electronics
Engineering Law of 2004".
Section 2. Statement of Policy. - The State recognizes the
importance of electronics engineering in nation-building and
development. The State shall therefore develop and nurture
competent, virtuous, productive and well-rounded Professional
Electronics Engineers, Electronics Engineers and Electronics
Technicians whose standards of practice and service shall be
excellent, qualitative, world-class and globally competitive through
inviolable, honest, effective and credible licensure examinations and
through regulatory measures, programs and activities that foster
their integrity, continuing professional education, development and
growth.
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Section 3. Definition and Interpretation of Terms. - As used in this
Act, the following terms shall mean:
(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
ICT Perspective Towards Leadership and Development
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(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.
(k) Industrial Plant - includes all manufacturing establishments and
other business endeavors where electronic or electronically-
controlled machinery or equipment are installed and/or are being
used, sold, maintained, assembled, manufactured or operated.
(l) 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-controlled machinery or
equipment are installed and/or are being used, sold, maintained,
assembled, manufactured or operated.
(m) Consulting Services - as used in this Act, shall include services
requiring adequate technical expertise, experience and professional
capability in undertaking advisory and review, pre-investment or
feasibility studies, design, planning, construction, supervision,
management and related services, and other technical studies or
special studies in the field of electronics engineering.
(n) Accredited Professional Organization - the integrated and
accredited national organization of Professional Electronics
Engineers, Electronics Engineers and Electronics Technicians.
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 (ECT)
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Section 5. Nature and Scope of Practice of Electronics Engineering
and Electronics Technician Professions.
(a) 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 and/or principles to the
investigation, analysis, synthesis, planning, design, specification,
research and development, provision, procurement, marketing and
sales, manufacture and production, construction and installation,
tests/measurements/control, operation, repair, servicing, technical
support and maintenance of electronic components, devices,
products, apparatus, instruments, equipment, systems, networks,
operations and processes in the fields of electronics, including
communications and/or telecommunications, information and
communications technology (ICT), computers and their networking
and hardware/firmware/software development and applications,
broadcast/broadcasting, cable and wireless television, consumer and
industrial electronics, electro-optics/photonics/opto-electronics,
electro-magnetics, avionics, aerospace, navigational and military
applications, medical electronics, robotics, cybernetics, biometrics
and all other related and convergent fields; it also includes the
administration, management, supervision and regulatory aspects of
such works and activities; similarly included are those teaching and
training activities which develop the ability to use electronic
engineering fundamentals and related advanced knowledge in
electronics engineering, including lecturing and teaching of
technical and professional subjects given in the electronics
engineering and electronics technician curriculum and licensure
examinations.
(b) 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 electronics plans, drawings, permit applications,
specifications, reports and other technical documents prepared by
himself/herself and/or under his direct supervision.
(c) The scope and nature of practice of the Electronics Technician
profession shall embrace and consist of any non-engineering work
or activity relating to the installation, construction, operation,
control, tests and measurements, diagnosis, repair and maintenance,
manufacture and production, sales and marketing of any electronic
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component/s, device/s, products, apparatus, instruments, equipment,
system/s, network/s, operations and processes located on land,
watercraft, aircraft, industrial plants or commercial establishments,
including the teaching and training of technical and professional
subjects given in the electronics technician curriculum and licensure
examinations.
ARTICLE II
PROFESSIONAL REGULATORY BOARD OF ELECTRONICS
ENGINEERING
Section 6. Composition of the Board. - There is hereby created a
Professional Regulatory Board of Electronics Engineering,
hereinafter referred to as the Board, under the administrative control
and supervision of the Professional Regulation Commission,
hereinafter referred to as the Commission, 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. - The Board is vested
with the authority to:
(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;
(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;
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(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;
(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;
(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: Provided, That within three (3) years after the
effectivity of this Act, the Board shall, in coordination with CHED,
TESDA, and in consultation with other concerned government
entities and the accredited professional organization, review and
define/re-define the curricula for electronics engineering, electronics
technician and/or allied courses or programs for the purpose of re-
aligning, revising and/or consolidating the same and/or otherwise
defining the minimum requirements by means of which graduates of
related or allied courses or programs can qualify to take the
Electronics Engineer and Electronics Technician licensure
examinations;
(k) Inspect educational institutions and based on their findings
thereon, recommend to 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;
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(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;
(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;
(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;
(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 agencies, representatives of industry and the Accredited
Professional Organization;
(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;
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(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;
(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;
(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;
(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.
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Section 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.
Section 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.
Section 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
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members of existing regulatory boards under the Commission as
provided for in the General Appropriations Act.
Section 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.
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.
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
Section 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.
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 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;
ICT Perspective Towards Leadership and Development
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(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;
(c) For the Electronics Engineering examinations, he/she is a holder
of a degree of Bachelor of Science in Electronics and
Communications Engineering or Electronics Engineering, or subject
to compliance with minimum requirements to be prescribed by the
Board, such equivalent and/or related engineering course or program
from any school, institute, college, or university recognized by the
Government or the State where it is established, after completing a
resident collegiate course equivalent to that of a full baccalaureate
degree;
(d) For the Electronics Technician examinations:
(1) is a graduate of an Associate, Technician, Trade or Vocational
course in electronics or, subject to the evaluation of the Board, such
equivalent and/or related formal or non-formal course or program
from any school, college, university or training institution
recognized by the Government or the State where it is established,
after completing a resident course or program of not less than two
(2) years, or
(2) has completed at least the minimum third-year equivalent of a
Bachelor of Science program in Electronics and Communications
Engineering or Electronics Engineering program according to
CHED guidelines, or, subject to the evaluation of the Board such
equivalent and/or related engineering course or program from any
school, institute, college or university recognized by the
Government or State where it is established;
Section 15. Scope of Examination for Electronics Engineers and
Electronics Technicians. - The examination for Electronics
Engineers shall consist of written tests which 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.
The examinations for Electronics Technician shall consist of written
and/or practical tests covering subjects to be prescribed by the Board
and shall cover subjects specific to the practice of Electronics
Technicians.
ICT Perspective Towards Leadership and Development
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As urgent and important need arises so as to conform to
technological and modern changes, the Board may re-cluster,
rearrange, modify, add to or exclude any subject and prescribe the
number of final examination/s per year after approval by the
Commission. The PRC Board resolution thereon shall be officially
published in the Official Gazette or major daily newspapers of
general circulation and also circularized and disseminated to all
colleges.
Section 16. Ratings. - To pass the licensure examination, a candidate
for Electronics Engineer or Electronics Technician must obtain a
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: Provided, finally, That 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.
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, 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
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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.
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, to Electronics
Engineers who are registered as Professional Electronics Engineers
and to Electronics Technicians who are registered without
examination, subject to payment of fees prescribed by the
Commission. The Certificate of Registration shall bear the signature
of the Chairperson and Members of the Board, stamped with the
official seal of the Commission and the Board, indicating that the
person named therein is entitled to practice the profession with all
the privileges appurtenant thereto, subject to compliance with all
applicable requirements. The said certificate shall remain in full
force and effect until withdrawn, suspended or revoked in
accordance with this Act.
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A Professional Identification Card bearing the registration number,
date of registration, duly signed by the Chairperson of the
Commission, shall likewise be issued to every registrant who has
paid the prescribed fee. This identification card will serve as
evidence that the holder thereof is duly registered with the
Commission.
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 as Electronics Technicians who shall present evidence
or other proof satisfactory to the Board that:
(a) He/She is a graduate of at least a two-year Associate, Technician,
Trade or Vocational course in Electronics as certified by the
TESDA, or that he/she has completed at least the minimum third-
year equivalent of a Bachelor's Degree of Science in Electronics and
Communications Engineering or Electronics Engineering program
according to CHED guidelines, or, subject to the evaluation of the
Board, an equivalent and/or related formal or non-formal course or
program from any school, institute, college, university or training
institution recognized by the Government or the State where it is
established, and
(b) He/She has rendered at least seven (7) years (inclusive or
aggregate) of active self-practice and/or employment either in the
Government or private sector, indicating therein his/her specific
duties and responsibilities, relevant accomplishments, the complete
names and addresses of clients and companies or persons worked
for, as well as the names and positions of immediate superiors.
The above submittals shall be accompanied by a certification from
at least three (3) registered Professional Electronics Engineers
vouching for the integrity, technical capability and good moral
character of the applicant.
Section 21. Non-issuance 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 involving moral turpitude, to any person of immoral or
dishonorable conduct and to any person of unsound mind, furnishing
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the party concerned a written statement containing the reasons for
such action, which statement shall be incorporated in the records of
the Board.
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 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.
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 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.
Section 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.
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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.
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, 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.
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 in the
following cases:
(a) Where no qualified equivalent Filipino professional is available
for the specific item of work to be rendered, as attested to by the
Accredited Professional Organization;
(b) Where the conditions of the scope and funding for the work or
project are such that it stipulates the temporary employment of a
foreign professional;
(c) As defined in the General Agreement on Trade in Services, the
ASEAN and APEC Engineer Registry programs and other similar
international treaties, agreements and/or covenants to which the
Philippine Government is a signatory and has ratified: Provided,
however, That:
(1) The said foreign professional is legally qualified to practice
his/her profession in his/her own country in which the requirements
for licensing and registration are not lower than those specified in
this Act;
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(2) The work to be performed by said foreign professional shall be
limited only to the particular work or project for which he/she was
specifically contracted;
(3) Prior to commencing the work, the foreign professional shall
secure a Special Permit from the Board, which shall be subject to
the approval of the Commission; Provided, That no working visa
and/or permit shall be issued by concerned government agencies
unless such Special Permit has been granted first;
(4) The same foreign professional shall not engage in private
practice on his/her own account;
(5) For every foreign professional contracted for the work or project,
at least two (2) corresponding Filipino professionals who are
registered under this Act shall be employed as counterparts by the
Philippine Government or the private firm utilizing the services of
such foreign professional for at least the same duration of time as
the foreigner's tenure of work; and
(6) The Special Permit herein granted shall be valid only for a
period of not more than six (6) months and renewable every six (6)
months thereafter subject to the discretion of the Board and the
approval of the Commission: Provided, That said permit shall cease
to be valid if the foreigner terminates his/her employment in the
work or project for which said permit was originally granted and
thereafter engages in an occupation that requires another Special
Permit or registration under this Act.
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 "Professional
Electronics Engineer", "Electronics 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
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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. 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.
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. 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.
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.
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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 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.
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-stock, non-profit corporation and recognized by the Board, the
Commission and all government agencies as the one and only
integrated and accredited national organization for the said
professionals. Every Professional Electronics Engineer, Electronics
Engineer and Electronics Technician, upon registration with the
Commission as such, shall ipso facto become a member of this
Accredited Professional Organization. Those who have been
previously registered by the Board but are not members of this
Accredited Professional Organization at the time of effectivity of
this Act, shall be allowed to register as members of this organization
within three (3) years after the effectivity of this Act. Membership in
this Accredited Professional Organization shall not be a bar to
membership in other associations of the electronics engineering and
electronics technician professions.
The Accredited Professional Organization shall implement the
continuing professional education, accredit other organizations or
entities to provide continuing professional education, and/or
development program promulgated by the Board and/or the
Commission, compliance with which shall be one of the requisites
for the maintenance of membership in good standing of the
professional in the Accredited Professional Organization. All
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members of good standing of this Accredited Professional
Organization shall be issued an annual membership card indicating
the membership number and validity period of the membership,
which shall be affixed to all plans, specifications and any document
signed by the member in the course of practice of his/her profession.
Failure to maintain membership in good standing in the Accredited
Professional Organization shall be a cause for listing of the
individual as delinquent in the roster of professionals.
Section 33. Foreign Reciprocity. - No foreigner shall be admitted for
registration as Professional Electronics Engineer, Electronics
Engineer or Electronics Technician with or without examination
under this Act unless he/she proves in the manner as provided by the
Board that, by specific provisions of law, the country, state or
province of which he/she is a citizen, subject or national, or in
accordance with international treaties, agreements and/or covenants
to which their country, state or province is a signatory, admits
Filipino citizens to practice as Professional Electronics Engineer,
Electronics Engineer or Electronics Technician after an examination
or registration process on terms of strict and absolute equality with
the citizens, subjects or nationals of said country, including the
unconditional recognition of professional licenses issued by the
Board and/or the Commission and prerequisite degrees/diplomas
issued by institutions of learning duly recognized by the government
of the Philippines.
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 Professional Electronics Engineers, Electronics
Engineers or Electronics Technicians shall accordingly be filled
only by registered and licensed Professional Electronics Engineers,
Electronics Engineers or Electronics Technicians.
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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:
(a) Any person who shall give any false or fraudulent statement to
the Board to obtain a Certificate of Registration and/or Professional
Identification Card as Professional Electronics Engineer, Electronics
Engineer or Electronics Technician;
(b) Any person who shall present or use as his/her own a Certificate
of Registration, Professional Identification Card, membership
identification card in the Accredited Professional Organization
and/or seal issued to another and any person who allows the use of
his/her Certificate of Registration, Professional Identification Card,
membership card in the Accredited Professional Organization and/or
seal;
(c) Any person who shall present or use a revoked or suspended
Certificate of Registration as Professional Electronics Engineer,
Electronics Engineer or Electronics Technician;
(d) Any person who shall assume, use, advertise or otherwise
practice as Professional Electronics Engineer, Electronics Engineer
or Electronics Technician, or append to his/her name, any letter/s or
words tending to convey the impression that he/she is a registered
Professional Electronics Engineer, Electronics Engineer or
Electronics Technician, when in fact he/she is not duly registered
with the Board as such;
(e) Any Professional Electronics Engineer, or any person on his/her
behalf, who shall stamp or seal any document with his/her seal as
such after his/her Certificate of Registration, Professional
Identification Card and membership card in the Accredited
Professional Organization has been revoked or suspended or after
he/she has been suspended from practice or removed from the roster
of Professional Electronics Engineer, Electronics Engineers or
Electronics Technicians;
(f) Any Professional Electronics Engineer who shall sign his/her
name, affix his/her seal, or use any other method of signature on
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plans, technical descriptions or other documents prepared by or
under the supervision of another Professional Electronics Engineer,
unless the same is prepared in such manner as to clearly indicate the
part of such work actually performed by the former;
(g) Any person, except the Professional Electronics Engineer or
Electronics Engineer in-charge, who shall sign for any electronics
engineering work, or any function of electronics engineering
practice, not actually performed by him/her;
(h) Any person holding a Certificate of Registration and
Professional Identification Card as Professional Electronics
Engineer, Electronics Engineer or Electronics Technician who shall
be involved in illegal wire-tapping, cloning, hacking, cracking,
piracy and/or other forms of unauthorized and malicious electronic
eavesdropping and/or the use of any electronic devices in violation
of the privacy of another or in disregard of the privilege of private
communications and/or safety to life, physical and/or intellectual
property of others, or who shall maintain an unlicensed and/or
unregistered communications system or device; and
(i) Any person who shall violate any provision of this Act or any
rules, regulations, the Code of Ethics and the Code of Technical
Standards of Practice promulgated under this Act.
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.
Any department, instrumentality, office, bureau, institution or
agency of the government including local governments, upon call or
request from the Board and/or the Commission, shall render such
assistance as it may require, cooperate and coordinate with it in
carrying out, enforcing or implementing this Act, the codes,
policies, measures, programs or activities of the Board and/or the
Commission that it may undertake pursuant to the provisions of this
Act.
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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)-month
period, after which it shall cease to exist. The President of the
Philippines shall before then appoint the Chairman and members of
the first Board of Electronics Engineering in accordance with
Sections 6 and 8 herein, who shall formulate and thereafter
promulgate the rules and regulations for the implementation of this
Act.
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 and shall be issued a new
Certificate of Registration and Professional Identification Card as
Electronics Engineers with the same license number as their original
Electronics and Communications Engineer Certificate of
Registration, subject to the payment of prescribed fees and other
requirements of the Board and/or Commission.
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.
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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.
Approved,
FRANKLIN DRILON
President of the Senate
JOSE DE VENECIA JR.
Speaker of the House of Representatives
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 Senate
ROBERTO P. NAZARENO
Secretary General
House of Represenatives
Approved: April 17, 2004
GLORIA MACAPAGAL-ARROYO
President of the Philippines
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Transcript of Code of Ethics of Electronics Engineering
Practitioners
FOREWORD
Honesty, justice and courtesy form a moral philosophy
which, associated with mutual interest among men, constitutes the
foundation of ethics. The electronics engineer should recognize such
a standard, not in passive observance, but as a set of dynamic
principles guiding his conduct and way of life. It is his duty to
practice his profession according to this Code of Ethics and
Conduct.
The keystone of professional conduct is integrity. Hence, it
behooves the electronics engineer to discharge his duties with
fidelity to the public, his employers and his clients, and with fairness
and impartiality to all. It is his duty to interest himself in public
welfare, and to be ready to apply his special knowledge for the
benefit of mankind. He should uphold the honor and dignity of his
profession and avoid association with any enterprise of questionable
character. In his dealings with fellow engineers, he should be fair
and tolerant.
RELATIONS WITH THE STATE
1. Each and every engineer shall recognize and respect the supreme
authority of the State as expressed through its laws and implemented
by its agencies, whenever and wherever such laws do not infringe
upon the rights and privileges of citizens as guaranteed by the
Constitution.
2. He shall recognize that the well-being of the public and the
interest of the State are above the well-being and interest of any
individual.
3. In the interest of justice, he shall aid the State, if and when the
technology is needed for the prevention and/or prosecution of
unjust, criminal, or unlawful acts.
4. In the interest of good government, he shall in every way possible
extend cooperation to the State in the accomplishment of its goals
and objectives.
5. In the interest of social efficiency, he shall extend assistance,
guidance and training to all subordinates under his jurisdiction in
order to increase their skill and ability, knowledge and experience
for the purpose of eventually increasing their responsibilities.
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6. In the interest of the national economy and well-being, he shall
always strive in the execution of his work with optimum efficiency,
economy and safety.
7. In the interest of national security, the State shall be given
primary considerations in all his inventions and/or devices on
electronics and related fields that are useful for national security and
defense.
8. In the event of national emergency, he shall offer his technology,
skill, ability and experience to the service of the State, even if it will
involve personal sacrifices.
RELATIONS WITH THE PUBLIC
9. He shall interest himself in public welfare and be ready to apply
his special knowledge for the benefit of mankind.
10. He shall guard against conditions that are dangerous or
threatening to life, limb or property on work for which he is
responsible, or if he is not responsible, he shall promptly call such
conditions to the attention of those responsible so that the conditions
can immediately and effectively be corrected.
11. He shall have due regard for the safety of life and health of the
public who may be affected by the work for which he is responsible.
12. He shall endeavor to extend public knowledge of electronics
engineering and he shall strive to win or maintain the public
confidence by discouraging the spread of untrue, unfair and
exaggerated statements regarding his profession.
13. As a witness before a court, commission and/or other tribunal,
he shall express an opinion only when it is founded on adequate
knowledge and honest conviction.
14. He shall not issue statements on matters connected with public
policy, any ex-parte statements, criticisms, or arguments which are
inspired or paid for by private interest, unless he identifies on whose
behalf he is making the statements.
15. He shall refrain from expressing any public opinion on an
engineering subject unless he is fully familiar and knowledgeable
with all the facts relating to the subject.
16. His integrity shall be unquestionable and he shall discharge his
duties and responsibilities with fidelity to the public, his employers
and clients and with fairness and impartiality to all.
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RELATIONS WITH CLIENTS, EMPLOYER AND LABOR
17. He shall act in professional matters as a faithful or trustee, and
treat as confidential all matters and information concerning the
business affairs, technical processes, etc., of his clients and/or
employers.
18. He shall inform his client or employer of any financial interest
on inventions, devices, equipment or any other thing, before
undertaking any engagement in which he may be called upon to
decide on the use thereof.
19. He shall not accept any other compensation, financial or service
or otherwise, except from one interested party for a particular
service or other services related therewith without the consent of all
parties concerned.
20. He shall exercise fairness and justice when dealing with
contracts between his clients or employers and the contractors.
21. He shall not accept any commissions or allowances, directly or
indirectly from contractors, suppliers and all other parties dealing
with his clients and/or employers in connection with the work for
which he is responsible.
22. He shall not be financially interested in the bid or bids of
contractors, suppliers and other interested parties participating in a
competitive work or job on which he has been employed as engineer
without full knowledge and consent of his clients or employers.
23. He shall promptly inform his clients or employers of any
business in which he has any interest, business connection or
affiliation which may compete with or affect the business or the
clients or employers.
24. He shall not allow any decision in connection with his work for
which he has been employed or on which he may be called upon to
perform, to be affected by interest in any business.
25. He will present clearly the consequences to be expected from
deviations proposed if his engineering judgment is overruled by
non-technical authority in cases where he is responsible for the
technical adequacy of engineering work.
26. He shall undertake only those engineering assignments for
which he is qualified. He shall engage or advice his employer or
client to engage specialists and shall cooperate with them whenever
his employer’s or clients interest are served best by such an
arrangement.
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RELATIONS WITH ENGINEERS
27. He shall individually or collectively with others in the profession
protect the profession from misunderstanding and/or
misrepresentations.
28. He shall not directly or indirectly injure the professional
reputation, prospects, advancement and/or practice of other
engineers. However, if he has proof or personal knowledge that an
engineer has been unethical and/or illegal in his practices, he shall
inform in writing the proper authorities for appropriate action.
29. He shall uphold the principle of appropriate and adequate
compensation for those engaged in the engineering profession,
including those in the subordinate capacities, in the interest of public
service and maintenance of the standards of the profession.
30. He shall not try to supplant another engineer in a particular
employment after becoming aware that definite steps have been
taken toward the other’s employment.
31. He shall not compete, by underbidding, through reduction in his
normal fees on the basis of charges for work, after having been
informed of the charges submitted by another engineer.
32. He shall be fair and tolerant in his dealings with fellow
engineers and give credit to those to whom credit is properly due.
33. He shall uphold the honor and dignity of his profession and
avoid association in responsibility for work with engineers who do
not conform to ethical practices.
34. He will exercise due restraint in criticizing another engineer’s
work in public, recognizing the fact that the engineering societies
and the engineering press provide the proper forum for technical
discussion and criticism.
RELATIONS TO THE PROFESSION
35. He shall cooperate in extending the effectiveness of the
engineering profession and endeavor to be well-informed of the
latest development in the profession by sharing or exchanging
information and experience with other engineers, other professionals
and students; and by contributing to engineering publications and
schools and by participating in the activities of engineering
societies.
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36. He shall cooperate in upholding the integrity, dignity and honor
of the profession by avoiding all conducts and practices that will be
discrediting and injurious to the profession.
37. He shall be dignified and modest in explaining or discussing his
work and/or merit and shall refrain from self-laudatory advertising
or propaganda.
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ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946
ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946

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ICT Perspective Towards Leadership and Development by Ravenal De Jesus ISBN 9789710572946

  • 1. Laws and Ethics: ICT Perspective Towards Leadership and Development 10110000111010011010 1 + 1 = 1 1 + 1 = 2 1 + 1 = 10  Covers policies involving science and technology which are designed to be adept for both technical and non-technical people.  Synergizes natural and social sciences to meet the standards of industry, government and society.  Initiates concept developments.  Promotes engagement in life-long learning.  Discusses questions and answers to various probable government qualifying examination. Ravenal A. De Jesus, PECE, ASEAN Engineer Author Professional Electronics Engineer Electronics and Communications Engineer (5th Place, ECE Board Exam) Career Service Eligible (Professional) First Class Radiotelephone Operator Licensed Professional Teacher Provincial Head, DICT NESTOR PILAR ALFREDO RIVERA JR. JOSEPH ROSAL BENITO CRUZ CIPRIANO CARRANZA EDWIN ANDAYA BONIFACIO SAPLAN MANUEL SOBREPEÑA JR. ARTHUR INSON Contributing Editors
  • 2. Philippine Copyright © 2018 By: Ravenal A. De Jesus ISBN 978 – 971 – 0572 – 94 – 6 All Rights Reserved No part of this book may be reproduced or utilized in any form or by any means, without written permission from the author and/or from the publisher. __________________________________________________ Any copy of this book not bearing the signature / seal of the author / publisher on this page shall be considered as coming from an illegal source. Printed by: El Bulakeño Printing House Sto. Rosario, City of Malolos, Bulacan
  • 3. Table of Contents PREFACE iv 1. Overview 1 2. A Primer on Information and Communications Technology (ICT) 15 3. Leadership Essentials 59 4. Project Showcase 81 5. Miscellany 101 Drill Question Bank 102 Supplementary Question Bank 110
  • 4. iv PREFACE This book entitled “Laws and Ethics: ICT Perspective Towards Leadership and Development” is made by the globally competitive engineer. The coverage includes the following but not limited to: policies involving science and technology which are designed to be adept for both technical and non-technical people; synergy of natural and social sciences to meet the standards of industry, government and society; initiation of concept developments; promotion of engagement in life-long learning; contribution to the development of engineering practice, leading / managing significant projects, demonstration of engineering leadership, management of engineering business / organizational outcome, involvement in research and development and the most popular of engineering book series i.e. discussion of questions and answers to various probable government qualifying examination. ACKNOWLEDGEMENT I would like to express my deep and cordial gratitude to my colleagues, comrades and love ones who gave contribution in this work: Thanks to Department of Information and Communications Technology (DICT, formerly DOST-ICTO) as well to the contributing editors of this book for the opportunities in their agency with full support of Engrs. Reynaldo Sy, Petronilo Villafuerte, Nimir Calupitan, Pablito Dela Peña, Armando Rillera, Danilo De Leon Jr., Ricardo Juangco and Mario Antonio Aya-Ay. Thanks to Bulacan State University (BulSU) through College of Engineering (COE) and Electronics Engineering (ECE) Department. Thanks to ACCENTURE where I practiced my Electronics Engineering profession in the field of Information and Communications Technology (ICT) with Marc Culili, Gilbert Paltao and other colleagues. Thanks to Armed Forces of the Philippines - Corps of Professors (AFP – COP) who boosted my confidence in teaching. Thanks also to my colleagues in PAGE, Oliver Mariano and Romeo Rosas who are both ASEAN Engineers who continuously supported our career development. Last but not the least, the Bases Conversion Development Authority (BCDA) who fostered partnership with DICT and FacebookTM in constructing the state of the art project named SECURE GovNet – Luzon Bypass Infrastructure. The synergy of three parties gave me significant engineering experience. Ravenal A. De Jesus, PECE, ASEAN Engineer, LPT, 1PHN Concurrent Provincial Head (DICT Provincial Field Office) and Focal (SECURE GovNet)
  • 5. ICT Perspective Towards Leadership and Development 1 1. Overview Objectives:  Evaluate the impact of technology in economy  Analyse why countries enter membership as “economies” in various communities /cooperation  Reconcile misconceptions in science and technology The world is getting smaller and even smaller due globalisation. Globalisation has a number of benefits that can give to member economies1 , and there are also challenges that should be addressed. Local products will be affected as consumers might opt to choose affordable imported products freely entering the country. When a host country is facing massive unemployment, expatriates are coming to work in the same host country, creating competition with the citizens. However, as popularly said that there are always two sides of the coin, some economic fiasco might constructively affect others in some aspect. There was a recession in 2008 where factories shut down due to financial crises. At first glance, it was really alarming as business were affected. On the other hand, the price of oil dropped due to the decreased demand. This is a challenging scenario for leaders and economist to analyse. The depth of discussion of economics is written in other book of the author. 1 Economies throughout in this context refers to state, countries or territories that entered membership in certain economic community and / or cooperation (e.g. ASEAN, APEC etc.)
  • 6. ICT Perspective Towards Leadership and Development 2 Figure 1.1 ASEAN Map (Source: ASEAN Website Reference URL: https://asean.org/asean/asean-member-states )
  • 7. ICT Perspective Towards Leadership and Development 3 Association of Southeast Asian Nations (ASEAN) Member States Brunei Darussalam Head of State : His Majesty Sultan Haji Hassanal Bolkiah Mu’izzaddin Waddaulah Capital : Bandar Seri Begawan Language(s) : Malay, English Currency : B$ (Brunei Dollar) Cambodia Head of State : His Majesty King Norodom Sihamoni Head of Government : Prime Minister Hun Sen Capital : Phnom Penh Language : Khmer Currency : Riel Indonesia Head of State : President Joko Widodo Capital : Jakarta Language : Indonesian Currency : Rupiah Lao PDR Head of State : President Bounnhang Vorachith Head of Government : Prime Minister Thongloun Sisoulith Capital : Vientiane Language : Lao Currency : Kip Malaysia Head of State : His Majesty Seri Paduka Baginda Yang di- Pertuan Agong XV Sultan Muhammad V Head of Government : The Honourable Tun Dr. Mahathir Mohamad, Prime Minister Capital : Kuala Lumpur Language(s) : Malay, English, Chinese, Tamil Currency : Ringgit
  • 8. ICT Perspective Towards Leadership and Development 4 Myanmar Head of State : U Win Myint Capital : Nay Pyi Taw Language : Myanmar Currency : Kyat Philippines Head of State : President Rodrigo Roa Duterte Capital : Manila Language(s) : Filipino, English, Spanish Currency : Peso Singapore Head of State : President Halimah Yacob Head of Government : Prime Minister Lee Hsien Loong Capital : Singapore Language(s) : English, Malay, Mandarin, Tamil Currency : S$ (Singapore Dollar) Thailand Head of State : His Majesty King Maha Vajiralongkorn Bodindradebayavarangkun Head of Government : Prime Minister General Prayut Chan-o-cha Capital : Bangkok Language : Thai Currency : Baht Viet Nam Head of State : Nguyen Phu Trong Head of Government : Prime Minister Nguyen Xuan Phuc Capital : Ha Noi Language : Vietnamese Currency : Dong
  • 9. ICT Perspective Towards Leadership and Development 5 Figure 1.2 APEC Member Economies (Source: U.S. State Department ; Reference URL: https://2001-2009.state.gov/p/eap/rls/75725.htm)
  • 10. ICT Perspective Towards Leadership and Development 6 Figure 1.3 Date of Accession of Member Economies (Source: New Zealand Foreign Affairs & Trade Reference URL: https://www.mfat.govt.nz/en/trade/our-work-with-apec/ )
  • 11. ICT Perspective Towards Leadership and Development 7 Technology and economics nowadays are interrelated from international down to local levels. One example of intertwining of the latter and the former is the encyclopaedia industry. Prior to the boom of internet, encyclopaedia was expensive and only few from upper middle socio – economic class can afford. Years hence, information became easy to access via internet. The demand in purchasing encyclopaedia declined which gave detrimental impact to the aforementioned industry. Another example was the photography industry. Prior to computer, phone and printer technology, camera films were expensive and you have to limit your photo shots. Today, even amateur photographers can use camera built in phone and take shots as long as there are enough memory space in the phone. Moreover, online transactions were made possible by technology. Faster transaction via online accelerated business that include the following but not limited to: banking, tourism (online booking), shopping and other payment both private and government transactions. Historically, technology was not a one-day boom but undergone series of stages of development. Engagement in Life Long Learning: We are now living in the Digital Age. Computers process digital information for suitable and comfortable human use. This is a tricky question, which type of long distance communication first utilized? Analog or digital? Comparing the Pay Old Telephone Service (POTS) and the phones capable performing tasks of a computer (also known as Digital Convergence), it is apparent that analog communication was used before its digital counterpart.
  • 12. ICT Perspective Towards Leadership and Development 8 However, history also states that telegraph was used before telephone. The latter is capable of transmitting / receiving analog electric signals while the former also transmit analog electric signal BUT the information transmitted is in the form of dots-and-dashes. It seems that telegraph transmits digital information through analog medium and the same information will be processed (decoded) by the receiving end. The coding/decoding of information in telegraphy is the same that of codes to be decoded in semaphore (types of colours, position of the flags represent certain conditions). On the other hand, tribes, clans, empires use indicators such as smoke to represent some information. A code/condition represented by smoke is either YES or NO, resembling a discrete level i.e. digital information. With the explanation, it seems there is no exact answer whether analog came first or digital. Reiterating the discussion above, the information transmitted in telegraph is digital information through an analog medium while telephone transmits analog information through analog medium (with exception of optical fiber nowadays in which information is transmitted through digital medium i.e. on-off states of light transmitted). Find it difficult to assess which of the aforementioned scenario is the most suitable rationalization whether which type of long distance communication was utilized first over the other. To analyse further, let us look at the bigger picture. First principles of science will be used in order to analyse the aforementioned topic. Human voice consists of complex harmonics which is analog by nature. Natural vibration is analog by nature. With these inferences, it could lead that analog type of long distance communication was first used over digital wherein electrical signals utilized in telegraphy and telephony was also analog. The first principles of science are necessary not only in engineering practice but also in everyday lives. This book considered utmost efforts in simplifying technical terms for non- technical readers.
  • 13. ICT Perspective Towards Leadership and Development 9 Evaluation copy only. For full version, please visit the National Library of the Philippines, City of Manila or contact the author
  • 14. ICT Perspective Towards Leadership and Development 10 Engagement in Life Long Learning: Involvement of natural sciences in the practice of engineering is essential. Natural sciences include the following but not limited to: chemistry, physics, mechanics, thermodynamics and materials science. Why social science is essential in the practice of engineering? Engagement in Life Long Learning: Existing government rules of some countries implement that bidder / supplier with lowest price will win the bid. This is in view of the principle of “in favour of the government” and “best interest of the service”. HOWEVER, in order to circumvent the aforementioned rule, bidders opt to bring down their prices to the extent of that quality is compromised while other suppliers give somewhat expensive quotations yet of high quality. This is where the role of an engineer i.e. Technical Working Group (TWG).
  • 15. ICT Perspective Towards Leadership and Development 11 Engineering practice also evolved as technology emerged. From manual drafting, computer aided drafting and design (CAD) are already utilised by practitioners. This CAD significantly eases the design. As compared to manual drafting, CAD can make revisions faster with minimal repetition. As discussed earlier, computers are merged with communications resulting to Information and Communications Technology (ICT). Though there is a misconception about ICT such as ICT is limited only on degree holders of computer related courses (e.g. computer science, computer engineering and information technology), Republic Act 9292 (also known as Electronics Engineering Law of 2004) clearly define ICT as “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.” In addition, Republic Act 10844 (also known as Department of Information And Communications Technology Act of 2015 ) also define ICT as “Information and Communications Technology or ICT shall mean the totality of electronic means to access, create, collect, store, process, receive, transmit, present and disseminate information:” This implies that merely using your computer and/or phone is actually part of the ICT system. The two laws of the Philippines cited are also in consonance with the international definition.
  • 16. ICT Perspective Towards Leadership and Development 12 Evaluation copy only. For full version, please visit the National Library of the Philippines, City of Manila or contact the author
  • 17. ICT Perspective Towards Leadership and Development 13 Outcomes Assessment: Chapter 1 A B C D E 1 A B C D E 2 A B C D E 3 A B C D E 4 A B C D E 5 A B C D E 7 A B C D E 8 A B C D E 9 A B C D E 10 A B C D E 11 A B C D E 12 A B C D E 13 A B C D E 14 A B C D E 15 A B C D E 16 A B C D E 17 A B C D E 18 A B C D E 19 A B C D E 20 A B C D E 21 A B C D E 22 A B C D E 23 A B C D E 24 A B C D E 25 1. Members of APEC are called__________ a. countries b. states c. nation d. economies 2. ____ shall mean the totality of electronic means to access, create, collect, store, process, receive, transmit, present and disseminate information a. ICT b. EC c. NCC d. MC 3. ____ 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 a. ICT b. EC c. NCC d. MC 4. ____ color results when primary colors of red, green, and blue are combined together. a. black b. white c. brown d. indigo 5. Project engagement with non-technical authorities requires skills and/or background in _____ a. mathematics b. natural science c. social science d. pure science 6. A diagram used to represent the union and intersection of sets a. wiring diagramb. Venn diagram c. ICT diagram d. anagram 7. ____ pigment results when pigments of cyan, yellow and magenta are combined together a. black b. white c. brown d. indigo
  • 18. ICT Perspective Towards Leadership and Development 14 8. What color is out of phase with red a. yellow b. magenta c. cyan d. white 9. What color is out of phase with blue a. yellow b. magenta c. cyan d. white 10. What color is out of phase with green a. yellow b. magenta c. cyan d. white
  • 19. ICT Perspective Towards Leadership and Development 15 2. A Primer on Information and Communications Technology (ICT) Objectives:  Differentiate laws from ethics  Evaluate policies in ICT Evaluation copy only. For full version, please visit the National Library of the Philippines, City of Manila or contact the author
  • 20. ICT Perspective Towards Leadership and Development 16 Transcript of RA 10844: Republic of the Philippines Congress of the Philippines Metro Manila Sixteenth Congress Third Regular Session Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand fifteen. [REPUBLIC ACT NO. 10844] AN ACT CREATING THE DEPARTMENT OF INFORMATION AND COMMUNICATIONS TECHNOLOGY, DEFINING ITS POWERS AND FUNCTIONS APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1. Short. Title. – This Act shall be known as the “Department of Information And Communications Technology Act of 2015”. SEC. 2. Declaration of Policy. – It is hereby declared the policy of the State: (a) To recognize the vital role of information and communication in nation-building; (b) To ensure the provision of strategic, reliable, cost-efficient and. citizen-centric information and communications technology (ICT) infrastructure, systems and resources as instruments of good governance and global competitiveness; (c) To ensure universal access to quality, affordable, reliable and secure Id’ services; (d) To promote the development and widespread use of emerging ICT and foster and accelerate the convergence of ICT and ICT- enabled facilities;
  • 21. ICT Perspective Towards Leadership and Development 17 (e) To ensure the availability and accessibility of ICT services in areas not adequately served by the private sector (f) To foster an ICT sector policy environment that will promote a broad market-led development of the ICT and ICT-enabled services (1CT-ES) sectors, a level playing field, partnership between the public and private sectors, strategic alliance with foreign investors and balanced investments between high-growth and economically- depressed areas; (g) To promote and assist the development of local ICT content, applications and services which may include support for ICT-based start-up enterprises through strategic partnerships; (h) To promote the use of ICT for the enhancement of key public services, such as education, public health and safety, revenue generation, and socio-civic purposes; (i) To encourage the use of ICT for the development and promotion of the country’s arts and culture, tourism and national identity; (j) To promote digital literacy, ICT expertise, and knowledge- building among citizens to enable them to participate and compete in an evolving ICT age: (k) To empower, through the use of ICT, the disadvantaged segments of the population, including the elderly, persons with disabilities and indigenous and minority groups; (l) To ensure the rights of individuals to privacy and confidentiality of their personal information; (m) To ensure the security of critical ICT infrastructures including information assets of the government, individuals and businesses; and (n) To provide oversight over agencies governing and regulating the ICT sector and ensure consumer protection and welfare, data privacy and security, foster competition and the growth of the ICT sector. SEC. 3. Definition of Terms. – As used in this Act the following terms are defined as follows: (a) Information and Communications Technology or ICT shall mean the totality of electronic means to access, create, collect, store, process, receive, transmit, present and disseminate information: (b) Convergence shall mean the interface between and among various telephony, radio, video, broadcasting and multimedia
  • 22. ICT Perspective Towards Leadership and Development 18 infrastructure, devices and services, enabling users or subscribers thereof to communicate with one another; (c) Electronic Government or E-Government shall mean the use of ICT by the government and the public to enhance the access to and delivery of government services to bring about efficient, responsive, ethical, accountable and transparent government service: (d) ICT Sector shall mean those engaged in providing goods and services primarily intended to fulfill or enable the function of information processing and communication by electronic means. The ICT sector includes telecommunications and broadcast information operators, ICT equipment manufacturers, multimedia content developers and providers, ICT solution providers, internet service providers, ICT training institutions, software developers and ICT-ES providers; (e) ICT-Enabled Services or ICT-ES Sector shall mean those engaged in providing services that require the intrinsic use of Id’s including engineering or architectural design, informatics service providers, offshoring and outsourcing service providers such as call centers, back office processing, software development, medical or legal transcription, animation, game development, and other services that require the intrinsic use of a networked information infrastructure; and (f) Chief Information Officer or CIO shall mean a senior officer in all national government agencies (NGAs), including constitutional offices, state universities and colleges (SUCs), government-owned and -controlled corporations (GOCCs), and government financial institutions (GFIs) responsible for the development and management of the agency’s ICT systems and applications. SEC. 4. Creation of the Department of Information and Communications Technology (DICT). – There is hereby created the Department of Information and Communications Technology, hereinafter referred to as the Department. SEC. 5. Mandate. – The Department shall be the primary policy, planning, coordinating, implementing, and administrative entity of the Executive Branch of the government that will plan, develop, and promote the national ICT development agenda
  • 23. ICT Perspective Towards Leadership and Development 19 SEC. 6. Powers and Functions. – The Department shall exercise the following powers and functions: I. Policy and Planning (a) Formulate, recommend and implement national policies, plans, programs and guidelines that will promote the development and use of ICT with due consideration to the advantages of convergence and emerging technologies; (b) Formulate policies and initiatives, in coordination with the Department of Education (DepED). the Commission on Higher Education (CHED), and the Technical Education and Skills Development Authority (TESDA), to develop and promote ICT in education consistent with the national goals and objectives., and responsive to the human resource needs of the ICT and ICT-ES sectors; (c) Provide an integrated framework in order to optimize all government ICT resources and networks for the identification and prioritization of all E-Government systems and applications as provided for m the E-Government Masterplan and the Philippine Development Plan (PDP); II. Improved Public Access (d) Prescribe rules and regulations for the establishment, operation and maintenance of ICT infrastructures in unserved and underserved areas, in consultation with the local government units (LGUs), civil society organizations (CSOs). private sector, and the academe; (e) Establish a free internet service that can be accessed in government offices and public areas using the most cost-effective telecommunications technology, through partnership with private service providers as may be necessary; III. Resource-Sharing and Capacity-Building (f) Harmonize and coordinate all national ICT plans and initiatives to ensure knowledge, information and resource-sharing, database- building and agency networking linkages among government agencies, consistent with E-Government objectives in particular, and national objectives in general; (g) Ensure the development and protection of integrated government ICT infrastructures and designs, taking into consideration the inventory of existing manpower, plans, programs, software, hardware, and installed systems;
  • 24. ICT Perspective Towards Leadership and Development 20 (h) Assist and provide technical expertise to government agencies in the development of guidelines in the enforcement and administration of laws, standards, rules, and regulations governing ICT; (i) Assess, review and support ICT research and development programs of the government in coordination with the Department of Science and Technology (DOST) and other institutions concerned; (j) Prescribe the personnel qualifications and other qualification standards essential to the effective development and operation of government ICT infrastructures and systems; (k) Develop programs that would enhance the career advancement opportunities of ICT workers in government; (l) Assist in the dissemination of vital information essential to disaster risk reduction through the use of ICT: (m) Represent and negotiate for Philippine interest on matters pertaining to ICT in international bodies, in coordination with the Department of Foreign Affairs (DFA) and other institutions concerned; IV. Consumer Protection and Industry Development (n) Ensure and protect the rights and welfare of consumers and business users to privacy, security and confidentiality in matters relating to ICT, in coordination with agencies concerned, the private sector and relevant international bodies; (o) Support the promotion of trade and investment opportunities in the ICT and ICT-ES sectors, in coordination with the Department of Trade and Industry (DTI) and other relevant government agencies and the private sector; (p) Establish guidelines for public-private partnerships in the implementation of ICT projects for government agencies; and (q) Promote strategic partnerships and alliances between and among local and international ICT, research and development, educational and training institutions, to speed up industry growth and enhance competitiveness of Philippine workers, firms, and small and medium enterprises in the global markets for ICT and ICT-ES. SEC. 7. Composition. – The Department shall be headed by a Secretary. The Department proper shall be composed of the Office of the Secretary, the Offices of the Undersecretaries and the assistant secretaries.
  • 25. ICT Perspective Towards Leadership and Development 21 SEC. 8. Secretary of Information and Communications Technology. – The Secretary shall be appointed by the President, subject to confirmation by the Commission on Appointments. The Secretary shall have the following functions: (a) Provide executive direction and supervision over the entire operations of the Department and its attached agencies, (b) Establish policies and standards for the effective, efficient and economical operation of the Department, in accordance with the programs of government; (c) Review and approve requests for financial and manpower resources of all operating offices of the Department: (d) Designate and appoint officers and employees of the Department, excluding the undersecretaries, assistant secretaries, and regional and assistant regional directors, in accordance with the civil service laws, rules and regulations; (e) Exercise disciplinary powers over officers and employees of the Department in accordance with law, including their investigation and the designation of a committee or officer to conduct such investigation: (f) Coordinate with LGUs. other agencies and public and private interest groups, including nongovernment organizations (NGOs) and people’s organizations (POs) on Department policies and initiatives; (g) Prepare and submit to the President through the Department of Budget and Management (DBM) an estimate of the necessary expenditures of the Department during the next fiscal year, on the basis of the reports and estimates submitted by bureaus and offices under him/her; (h) Serve as a member of the Government Procurement Policy Board (GPPB) as established by Republic Act No. 9184; (i) Advise the President on the promulgation of executive and administrative orders and formulation of regulatory and. legislative proposals on matters pertaining to ICT development; (j) Formulate such rules and regulations and exercise such other powers as may be required to implement the objectives of this Act: and (k) Perform such other tasks as may be provided by law or assigned by the President.
  • 26. ICT Perspective Towards Leadership and Development 22 SEC. 9. Undersecretaries. – The Secretary shall be assisted by three (3) undersecretaries, who shall be appointed by the President upon the recommendation of the Secretary: Provided, That two (2) of the undersecretaries shall be career officers. SEC.10. Assistant Secretaries. – The Secretary shall be assisted by four (4) assistant secretaries who shall be appointed by the President upon the recommendation of the Secretary: Provided, That two (2) of the assistant secretaries shall be career officers: Provided, further, That at least one (1) of the assistant secretaries shall be a licensed Professional Electronics Engineer (PECE), or any suitably qualified person in accordance with Civil Service Commission (CSC) rules and regulations. SEC.11. Qualifications. – No person shall be appointed Secretary, Undersecretary, or Assistant Secretary of the Department unless he or she is a citizen and resident of the Philippines, of good moral character, of proven integrity and with at least seven (7) years of competence and expertise in any of the following: information and communications technology, information technology service management, information security management, cybersecurity, data privacy. e-Commerce, or human capital development in the ICT sector. SEC. 12. Regional Offices – The Department may establish, operate, and maintain a regional office in the different administrative regions of the country as the need arises. Each regional office shall be headed by a Regional Director, who may be assisted by one (1) Assistant Regional Director. The Regional Director and Assistant Regional Director shall be appointed by the President. The regional offices shall have, within their respective administrative regions, the following functions: (a) Implement laws, policies, plans, programs, projects, rules and regulations of the Department: (b) Provide efficient and effective service to the people: (c) Coordinate with regional offices of other departments, offices, and agencies; (d) Coordinate with the LGUs; and
  • 27. ICT Perspective Towards Leadership and Development 23 (e) Perform such other functions as may be provided by law or assigned by the Secretary. SEC. 13. Chief Information Officer (CIO) Council. – The Department shall facilitate the creation of the CIO Council, which shall consist of CIOs, with the Secretary serving as the Chairman, to assist the Department in the implementation of government ICT initiatives. SEC. 14. Sectoral and Industry Task Forces. – The Department may create sectoral and industry task forces, technical working groups, advisory bodies or committees for the furtherance of its objectives. Additional private sector representatives, such as from the academe, CSOs, and federation of private industries directly involved in ICT, as well as representatives of other NGAs. LGUs and GOCCs may be appointed to these working groups. Government IT professionals may also be tapped to partake in the work of the Department through, these working groups. SEC. 15. Transfer of Agencies and Personnel. – (a) The following agencies are hereby abolished, and their powers and functions, applicable funds and appropriations, records, equipment, property, and personnel transferred to the Department: (1) Information and Communications Technology Office (ICTO); (2) National Computer Center (NCC); (3) National Computer Institute (NCI); (4) Telecommunications Office (TELOF): (5) National Telecommunications Training Institute (NTTT); and (6) All operating units of the Department of Transportation and Communications (DOTC) with functions and responsibilities dealing with communications. All offices, services, divisions, units and personnel not otherwise covered by this Act for transfer to the Department shall be retained under the DOTC which is hereby renamed the Department of Transportation. (b) The following agencies are hereby attached, to the Department for policy and program coordination, and shall continue to operate and function in accordance with the charters, laws or orders creating them, insofar as they are not inconsistent with this Act:
  • 28. ICT Perspective Towards Leadership and Development 24 (1) National Telecommunications Commission; (2) National Privacy Commission; and (3) Cybercrime Investigation and Coordination Center (CICC) (i) All powers and functions related to cybersecurity including, but not limited to the formulation of the National Cybersecurity Plan, establishment of the National Computer Emergency Response Team (CERT), and the facilitation of international cooperation on intelligence regarding cybersecurity matters are transferred to the Department; and (ii) The CICC shall be chaired by the DICT Secretary. (c) The laws and rules on government reorganization as provided for in Republic Act No. 6656, otherwise known as the Reorganization Law, shall govern the reorganization process of the Department. SEC. 16. Separation and Retirement from Service. – Employees who are separated from service within six (6) months from the effectivity of this Act as a result of the consolidation and/or reorganization under the provisions of this Act shall receive separation benefits to which they may he entitled under Executive Order No. 366, s. 2004: Provided, That those who are qualified to retire under existing retirement laws shall be allowed to retire and receive retirement benefits to which they may be entitled under applicable laws and issuances. SEC. 17. Structure and Staffing Pattern. – Subject to the approval of the DBM, the Department shall determine its organizational structure and create new divisions or units as it may deem necessary, and shall appoint officers and employees of the Department in accordance with the civil service law, rules, and regulations. SEC. 18. Magna Carta. – Qualified employees of the Department and its attached agencies shall be covered by Republic Act No. 3439, which provides a magna carta for scientists, engineers, researchers and other science and technology personnel in tie government. SEC. 19. Transition Period. – The transfer of functions, assets, funds, equipment, properties, transactions, and personnel of the affected agencies, and the formulation of the internal organic
  • 29. ICT Perspective Towards Leadership and Development 25 structure, staffing pattern, operating system, and revised budget of tin Department, shall be completed within six (6) months from the effectivity of this Act, during which time, the existing personnel shall continue to assume their posts in holdover capacities until new appointments are issued: Provided, That after the abolition of tie agencies as specified in Section 15(a) of this Act, the Department, in coordination with the DBM, shall determine and create new positions, the funding requirements of which shall not exceed the equivalent cost of positions abolished. SEC 20. Appropriation,. – The amount needed for the initial implementation of this Act shall be taken from the current fiscal year’s appropriation of the ICTO and all agencies herein absorbed. by or attached to the Department. Thereafter, the amount needed for the operation and maintenance of the Department shall be included in the General Appropriations Act SEC 21. Implementing Rules and Regulations. – The ICTC, the DBM, the CSC, and other government agencies concerned shall issue within sixty (60) days from the effectivity of this Act. the necessary rules and regulations for the effective implementation of this Act. SEC. 22. Separability Clause. – If any provision of this Act shall be declared unconstitutional or invalid, the other provisions not otherwise affected shall remain in full force and effect. SEC. 23. Repealing Clause. – All laws, decrees, executive orders, rules and regulations and other issuances or parts thereof which are inconsistent with this Act are hereby repealed, amended or modified accordingly.
  • 30. ICT Perspective Towards Leadership and Development 26 SEC. 24. Effectivity. – This Act shall take effect fifteen (15; days after its publication in at least two (2) newspapers of general circulation. Approved, (Sgd.) FRANKLIN M. DRILON President of the Senate (Sgd.) FELICIANO BELMONTE JR. Speaker of the House of Representatives This Act was passed by the House of Representatives as House Bill No. 6198 on October 9, 2015 and adopted by the Senate as an amendment to Senate Bill No. 2686 on December 15. 2015. (Sgd.) OSCAR G. YABES Secretary of the Senate (Sgd.) MARILYN B. BARUA-YAP Secretary General House of Representatives Approved: MAY 23 2016 (Sgd.) BENIGNO S. AQUINO III President of the Philippines
  • 31. ICT Perspective Towards Leadership and Development 27 Mission “DICT of the people and for the people.” The Department of Information and Communications Technology commits to:  Provide every Filipino access to vital ICT infostructure and services  Ensure sustainable growth of Philippine ICT-enabled industries resulting to creation of more jobs  Establish a One Digitized Government, One Nation  Support the administration in fully achieving its goals  Be the enabler, innovator, achiever and leader in pushing the country’s development and transition towards a world- class digital economy Vision “An innovative, safe and happy nation that thrives through and is enabled by Information and Communications Technology.” DICT aspires for the Philippines to develop and flourish through innovation and constant development of ICT in the pursuit of a progressive, safe, secured, contented and happy Filipino nation.
  • 32. ICT Perspective Towards Leadership and Development 28 Transcript of RA 9292 Republic of the Philippines Congress of the Philippines Metro Manila Twelfth Congress Third Regular Session Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand three. Republic Act No. 9292 April 17, 2004 AN 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 Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: ARTICLE I GENERAL PROVISIONS Section 1. Short Title. - This Act shall be known as the "Electronics Engineering Law of 2004". Section 2. Statement of Policy. - The State recognizes the importance of electronics engineering in nation-building and development. The State shall therefore develop and nurture competent, virtuous, productive and well-rounded Professional Electronics Engineers, Electronics Engineers and Electronics Technicians whose standards of practice and service shall be excellent, qualitative, world-class and globally competitive through inviolable, honest, effective and credible licensure examinations and through regulatory measures, programs and activities that foster their integrity, continuing professional education, development and growth.
  • 33. ICT Perspective Towards Leadership and Development 29 Section 3. Definition and Interpretation of Terms. - As used in this Act, the following terms shall mean: (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
  • 34. ICT Perspective Towards Leadership and Development 30 (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. (k) Industrial Plant - includes all manufacturing establishments and other business endeavors where electronic or electronically- controlled machinery or equipment are installed and/or are being used, sold, maintained, assembled, manufactured or operated. (l) 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-controlled machinery or equipment are installed and/or are being used, sold, maintained, assembled, manufactured or operated. (m) Consulting Services - as used in this Act, shall include services requiring adequate technical expertise, experience and professional capability in undertaking advisory and review, pre-investment or feasibility studies, design, planning, construction, supervision, management and related services, and other technical studies or special studies in the field of electronics engineering. (n) Accredited Professional Organization - the integrated and accredited national organization of Professional Electronics Engineers, Electronics Engineers and Electronics Technicians. 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 (ECT)
  • 35. ICT Perspective Towards Leadership and Development 31 Section 5. Nature and Scope of Practice of Electronics Engineering and Electronics Technician Professions. (a) 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 and/or principles to the investigation, analysis, synthesis, planning, design, specification, research and development, provision, procurement, marketing and sales, manufacture and production, construction and installation, tests/measurements/control, operation, repair, servicing, technical support and maintenance of electronic components, devices, products, apparatus, instruments, equipment, systems, networks, operations and processes in the fields of electronics, including communications and/or telecommunications, information and communications technology (ICT), computers and their networking and hardware/firmware/software development and applications, broadcast/broadcasting, cable and wireless television, consumer and industrial electronics, electro-optics/photonics/opto-electronics, electro-magnetics, avionics, aerospace, navigational and military applications, medical electronics, robotics, cybernetics, biometrics and all other related and convergent fields; it also includes the administration, management, supervision and regulatory aspects of such works and activities; similarly included are those teaching and training activities which develop the ability to use electronic engineering fundamentals and related advanced knowledge in electronics engineering, including lecturing and teaching of technical and professional subjects given in the electronics engineering and electronics technician curriculum and licensure examinations. (b) 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 electronics plans, drawings, permit applications, specifications, reports and other technical documents prepared by himself/herself and/or under his direct supervision. (c) The scope and nature of practice of the Electronics Technician profession shall embrace and consist of any non-engineering work or activity relating to the installation, construction, operation, control, tests and measurements, diagnosis, repair and maintenance, manufacture and production, sales and marketing of any electronic
  • 36. ICT Perspective Towards Leadership and Development 32 component/s, device/s, products, apparatus, instruments, equipment, system/s, network/s, operations and processes located on land, watercraft, aircraft, industrial plants or commercial establishments, including the teaching and training of technical and professional subjects given in the electronics technician curriculum and licensure examinations. ARTICLE II PROFESSIONAL REGULATORY BOARD OF ELECTRONICS ENGINEERING Section 6. Composition of the Board. - There is hereby created a Professional Regulatory Board of Electronics Engineering, hereinafter referred to as the Board, under the administrative control and supervision of the Professional Regulation Commission, hereinafter referred to as the Commission, 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. - The Board is vested with the authority to: (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; (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;
  • 37. ICT Perspective Towards Leadership and Development 33 (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; (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; (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: Provided, That within three (3) years after the effectivity of this Act, the Board shall, in coordination with CHED, TESDA, and in consultation with other concerned government entities and the accredited professional organization, review and define/re-define the curricula for electronics engineering, electronics technician and/or allied courses or programs for the purpose of re- aligning, revising and/or consolidating the same and/or otherwise defining the minimum requirements by means of which graduates of related or allied courses or programs can qualify to take the Electronics Engineer and Electronics Technician licensure examinations; (k) Inspect educational institutions and based on their findings thereon, recommend to 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;
  • 38. ICT Perspective Towards Leadership and Development 34 (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; (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; (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; (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 agencies, representatives of industry and the Accredited Professional Organization; (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;
  • 39. ICT Perspective Towards Leadership and Development 35 (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; (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; (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; (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.
  • 40. ICT Perspective Towards Leadership and Development 36 Section 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. Section 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. Section 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
  • 41. ICT Perspective Towards Leadership and Development 37 members of existing regulatory boards under the Commission as provided for in the General Appropriations Act. Section 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. 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. 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 Section 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. 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 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;
  • 42. ICT Perspective Towards Leadership and Development 38 (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; (c) For the Electronics Engineering examinations, he/she is a holder of a degree of Bachelor of Science in Electronics and Communications Engineering or Electronics Engineering, or subject to compliance with minimum requirements to be prescribed by the Board, such equivalent and/or related engineering course or program from any school, institute, college, or university recognized by the Government or the State where it is established, after completing a resident collegiate course equivalent to that of a full baccalaureate degree; (d) For the Electronics Technician examinations: (1) is a graduate of an Associate, Technician, Trade or Vocational course in electronics or, subject to the evaluation of the Board, such equivalent and/or related formal or non-formal course or program from any school, college, university or training institution recognized by the Government or the State where it is established, after completing a resident course or program of not less than two (2) years, or (2) has completed at least the minimum third-year equivalent of a Bachelor of Science program in Electronics and Communications Engineering or Electronics Engineering program according to CHED guidelines, or, subject to the evaluation of the Board such equivalent and/or related engineering course or program from any school, institute, college or university recognized by the Government or State where it is established; Section 15. Scope of Examination for Electronics Engineers and Electronics Technicians. - The examination for Electronics Engineers shall consist of written tests which 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. The examinations for Electronics Technician shall consist of written and/or practical tests covering subjects to be prescribed by the Board and shall cover subjects specific to the practice of Electronics Technicians.
  • 43. ICT Perspective Towards Leadership and Development 39 As urgent and important need arises so as to conform to technological and modern changes, the Board may re-cluster, rearrange, modify, add to or exclude any subject and prescribe the number of final examination/s per year after approval by the Commission. The PRC Board resolution thereon shall be officially published in the Official Gazette or major daily newspapers of general circulation and also circularized and disseminated to all colleges. Section 16. Ratings. - To pass the licensure examination, a candidate for Electronics Engineer or Electronics Technician must obtain a 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: Provided, finally, That 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. 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, 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
  • 44. ICT Perspective Towards Leadership and Development 40 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. 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, to Electronics Engineers who are registered as Professional Electronics Engineers and to Electronics Technicians who are registered without examination, subject to payment of fees prescribed by the Commission. The Certificate of Registration shall bear the signature of the Chairperson and Members of the Board, stamped with the official seal of the Commission and the Board, indicating that the person named therein is entitled to practice the profession with all the privileges appurtenant thereto, subject to compliance with all applicable requirements. The said certificate shall remain in full force and effect until withdrawn, suspended or revoked in accordance with this Act.
  • 45. ICT Perspective Towards Leadership and Development 41 A Professional Identification Card bearing the registration number, date of registration, duly signed by the Chairperson of the Commission, shall likewise be issued to every registrant who has paid the prescribed fee. This identification card will serve as evidence that the holder thereof is duly registered with the Commission. 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 as Electronics Technicians who shall present evidence or other proof satisfactory to the Board that: (a) He/She is a graduate of at least a two-year Associate, Technician, Trade or Vocational course in Electronics as certified by the TESDA, or that he/she has completed at least the minimum third- year equivalent of a Bachelor's Degree of Science in Electronics and Communications Engineering or Electronics Engineering program according to CHED guidelines, or, subject to the evaluation of the Board, an equivalent and/or related formal or non-formal course or program from any school, institute, college, university or training institution recognized by the Government or the State where it is established, and (b) He/She has rendered at least seven (7) years (inclusive or aggregate) of active self-practice and/or employment either in the Government or private sector, indicating therein his/her specific duties and responsibilities, relevant accomplishments, the complete names and addresses of clients and companies or persons worked for, as well as the names and positions of immediate superiors. The above submittals shall be accompanied by a certification from at least three (3) registered Professional Electronics Engineers vouching for the integrity, technical capability and good moral character of the applicant. Section 21. Non-issuance 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 involving moral turpitude, to any person of immoral or dishonorable conduct and to any person of unsound mind, furnishing
  • 46. ICT Perspective Towards Leadership and Development 42 the party concerned a written statement containing the reasons for such action, which statement shall be incorporated in the records of the Board. 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 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. 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 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. Section 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.
  • 47. ICT Perspective Towards Leadership and Development 43 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. 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, 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. 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 in the following cases: (a) Where no qualified equivalent Filipino professional is available for the specific item of work to be rendered, as attested to by the Accredited Professional Organization; (b) Where the conditions of the scope and funding for the work or project are such that it stipulates the temporary employment of a foreign professional; (c) As defined in the General Agreement on Trade in Services, the ASEAN and APEC Engineer Registry programs and other similar international treaties, agreements and/or covenants to which the Philippine Government is a signatory and has ratified: Provided, however, That: (1) The said foreign professional is legally qualified to practice his/her profession in his/her own country in which the requirements for licensing and registration are not lower than those specified in this Act;
  • 48. ICT Perspective Towards Leadership and Development 44 (2) The work to be performed by said foreign professional shall be limited only to the particular work or project for which he/she was specifically contracted; (3) Prior to commencing the work, the foreign professional shall secure a Special Permit from the Board, which shall be subject to the approval of the Commission; Provided, That no working visa and/or permit shall be issued by concerned government agencies unless such Special Permit has been granted first; (4) The same foreign professional shall not engage in private practice on his/her own account; (5) For every foreign professional contracted for the work or project, at least two (2) corresponding Filipino professionals who are registered under this Act shall be employed as counterparts by the Philippine Government or the private firm utilizing the services of such foreign professional for at least the same duration of time as the foreigner's tenure of work; and (6) The Special Permit herein granted shall be valid only for a period of not more than six (6) months and renewable every six (6) months thereafter subject to the discretion of the Board and the approval of the Commission: Provided, That said permit shall cease to be valid if the foreigner terminates his/her employment in the work or project for which said permit was originally granted and thereafter engages in an occupation that requires another Special Permit or registration under this Act. 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 "Professional Electronics Engineer", "Electronics 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
  • 49. ICT Perspective Towards Leadership and Development 45 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. 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. 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. 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. 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.
  • 50. ICT Perspective Towards Leadership and Development 46 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 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. 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-stock, non-profit corporation and recognized by the Board, the Commission and all government agencies as the one and only integrated and accredited national organization for the said professionals. Every Professional Electronics Engineer, Electronics Engineer and Electronics Technician, upon registration with the Commission as such, shall ipso facto become a member of this Accredited Professional Organization. Those who have been previously registered by the Board but are not members of this Accredited Professional Organization at the time of effectivity of this Act, shall be allowed to register as members of this organization within three (3) years after the effectivity of this Act. Membership in this Accredited Professional Organization shall not be a bar to membership in other associations of the electronics engineering and electronics technician professions. The Accredited Professional Organization shall implement the continuing professional education, accredit other organizations or entities to provide continuing professional education, and/or development program promulgated by the Board and/or the Commission, compliance with which shall be one of the requisites for the maintenance of membership in good standing of the professional in the Accredited Professional Organization. All
  • 51. ICT Perspective Towards Leadership and Development 47 members of good standing of this Accredited Professional Organization shall be issued an annual membership card indicating the membership number and validity period of the membership, which shall be affixed to all plans, specifications and any document signed by the member in the course of practice of his/her profession. Failure to maintain membership in good standing in the Accredited Professional Organization shall be a cause for listing of the individual as delinquent in the roster of professionals. Section 33. Foreign Reciprocity. - No foreigner shall be admitted for registration as Professional Electronics Engineer, Electronics Engineer or Electronics Technician with or without examination under this Act unless he/she proves in the manner as provided by the Board that, by specific provisions of law, the country, state or province of which he/she is a citizen, subject or national, or in accordance with international treaties, agreements and/or covenants to which their country, state or province is a signatory, admits Filipino citizens to practice as Professional Electronics Engineer, Electronics Engineer or Electronics Technician after an examination or registration process on terms of strict and absolute equality with the citizens, subjects or nationals of said country, including the unconditional recognition of professional licenses issued by the Board and/or the Commission and prerequisite degrees/diplomas issued by institutions of learning duly recognized by the government of the Philippines. 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 Professional Electronics Engineers, Electronics Engineers or Electronics Technicians shall accordingly be filled only by registered and licensed Professional Electronics Engineers, Electronics Engineers or Electronics Technicians.
  • 52. ICT Perspective Towards Leadership and Development 48 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: (a) Any person who shall give any false or fraudulent statement to the Board to obtain a Certificate of Registration and/or Professional Identification Card as Professional Electronics Engineer, Electronics Engineer or Electronics Technician; (b) Any person who shall present or use as his/her own a Certificate of Registration, Professional Identification Card, membership identification card in the Accredited Professional Organization and/or seal issued to another and any person who allows the use of his/her Certificate of Registration, Professional Identification Card, membership card in the Accredited Professional Organization and/or seal; (c) Any person who shall present or use a revoked or suspended Certificate of Registration as Professional Electronics Engineer, Electronics Engineer or Electronics Technician; (d) Any person who shall assume, use, advertise or otherwise practice as Professional Electronics Engineer, Electronics Engineer or Electronics Technician, or append to his/her name, any letter/s or words tending to convey the impression that he/she is a registered Professional Electronics Engineer, Electronics Engineer or Electronics Technician, when in fact he/she is not duly registered with the Board as such; (e) Any Professional Electronics Engineer, or any person on his/her behalf, who shall stamp or seal any document with his/her seal as such after his/her Certificate of Registration, Professional Identification Card and membership card in the Accredited Professional Organization has been revoked or suspended or after he/she has been suspended from practice or removed from the roster of Professional Electronics Engineer, Electronics Engineers or Electronics Technicians; (f) Any Professional Electronics Engineer who shall sign his/her name, affix his/her seal, or use any other method of signature on
  • 53. ICT Perspective Towards Leadership and Development 49 plans, technical descriptions or other documents prepared by or under the supervision of another Professional Electronics Engineer, unless the same is prepared in such manner as to clearly indicate the part of such work actually performed by the former; (g) Any person, except the Professional Electronics Engineer or Electronics Engineer in-charge, who shall sign for any electronics engineering work, or any function of electronics engineering practice, not actually performed by him/her; (h) Any person holding a Certificate of Registration and Professional Identification Card as Professional Electronics Engineer, Electronics Engineer or Electronics Technician who shall be involved in illegal wire-tapping, cloning, hacking, cracking, piracy and/or other forms of unauthorized and malicious electronic eavesdropping and/or the use of any electronic devices in violation of the privacy of another or in disregard of the privilege of private communications and/or safety to life, physical and/or intellectual property of others, or who shall maintain an unlicensed and/or unregistered communications system or device; and (i) Any person who shall violate any provision of this Act or any rules, regulations, the Code of Ethics and the Code of Technical Standards of Practice promulgated under this Act. 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. Any department, instrumentality, office, bureau, institution or agency of the government including local governments, upon call or request from the Board and/or the Commission, shall render such assistance as it may require, cooperate and coordinate with it in carrying out, enforcing or implementing this Act, the codes, policies, measures, programs or activities of the Board and/or the Commission that it may undertake pursuant to the provisions of this Act.
  • 54. ICT Perspective Towards Leadership and Development 50 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)-month period, after which it shall cease to exist. The President of the Philippines shall before then appoint the Chairman and members of the first Board of Electronics Engineering in accordance with Sections 6 and 8 herein, who shall formulate and thereafter promulgate the rules and regulations for the implementation of this Act. 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 and shall be issued a new Certificate of Registration and Professional Identification Card as Electronics Engineers with the same license number as their original Electronics and Communications Engineer Certificate of Registration, subject to the payment of prescribed fees and other requirements of the Board and/or Commission. 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.
  • 55. ICT Perspective Towards Leadership and Development 51 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. Approved, FRANKLIN DRILON President of the Senate JOSE DE VENECIA JR. Speaker of the House of Representatives 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 Senate ROBERTO P. NAZARENO Secretary General House of Represenatives Approved: April 17, 2004 GLORIA MACAPAGAL-ARROYO President of the Philippines
  • 56. ICT Perspective Towards Leadership and Development 52 Transcript of Code of Ethics of Electronics Engineering Practitioners FOREWORD Honesty, justice and courtesy form a moral philosophy which, associated with mutual interest among men, constitutes the foundation of ethics. The electronics engineer should recognize such a standard, not in passive observance, but as a set of dynamic principles guiding his conduct and way of life. It is his duty to practice his profession according to this Code of Ethics and Conduct. The keystone of professional conduct is integrity. Hence, it behooves the electronics engineer to discharge his duties with fidelity to the public, his employers and his clients, and with fairness and impartiality to all. It is his duty to interest himself in public welfare, and to be ready to apply his special knowledge for the benefit of mankind. He should uphold the honor and dignity of his profession and avoid association with any enterprise of questionable character. In his dealings with fellow engineers, he should be fair and tolerant. RELATIONS WITH THE STATE 1. Each and every engineer shall recognize and respect the supreme authority of the State as expressed through its laws and implemented by its agencies, whenever and wherever such laws do not infringe upon the rights and privileges of citizens as guaranteed by the Constitution. 2. He shall recognize that the well-being of the public and the interest of the State are above the well-being and interest of any individual. 3. In the interest of justice, he shall aid the State, if and when the technology is needed for the prevention and/or prosecution of unjust, criminal, or unlawful acts. 4. In the interest of good government, he shall in every way possible extend cooperation to the State in the accomplishment of its goals and objectives. 5. In the interest of social efficiency, he shall extend assistance, guidance and training to all subordinates under his jurisdiction in order to increase their skill and ability, knowledge and experience for the purpose of eventually increasing their responsibilities.
  • 57. ICT Perspective Towards Leadership and Development 53 6. In the interest of the national economy and well-being, he shall always strive in the execution of his work with optimum efficiency, economy and safety. 7. In the interest of national security, the State shall be given primary considerations in all his inventions and/or devices on electronics and related fields that are useful for national security and defense. 8. In the event of national emergency, he shall offer his technology, skill, ability and experience to the service of the State, even if it will involve personal sacrifices. RELATIONS WITH THE PUBLIC 9. He shall interest himself in public welfare and be ready to apply his special knowledge for the benefit of mankind. 10. He shall guard against conditions that are dangerous or threatening to life, limb or property on work for which he is responsible, or if he is not responsible, he shall promptly call such conditions to the attention of those responsible so that the conditions can immediately and effectively be corrected. 11. He shall have due regard for the safety of life and health of the public who may be affected by the work for which he is responsible. 12. He shall endeavor to extend public knowledge of electronics engineering and he shall strive to win or maintain the public confidence by discouraging the spread of untrue, unfair and exaggerated statements regarding his profession. 13. As a witness before a court, commission and/or other tribunal, he shall express an opinion only when it is founded on adequate knowledge and honest conviction. 14. He shall not issue statements on matters connected with public policy, any ex-parte statements, criticisms, or arguments which are inspired or paid for by private interest, unless he identifies on whose behalf he is making the statements. 15. He shall refrain from expressing any public opinion on an engineering subject unless he is fully familiar and knowledgeable with all the facts relating to the subject. 16. His integrity shall be unquestionable and he shall discharge his duties and responsibilities with fidelity to the public, his employers and clients and with fairness and impartiality to all.
  • 58. ICT Perspective Towards Leadership and Development 54 RELATIONS WITH CLIENTS, EMPLOYER AND LABOR 17. He shall act in professional matters as a faithful or trustee, and treat as confidential all matters and information concerning the business affairs, technical processes, etc., of his clients and/or employers. 18. He shall inform his client or employer of any financial interest on inventions, devices, equipment or any other thing, before undertaking any engagement in which he may be called upon to decide on the use thereof. 19. He shall not accept any other compensation, financial or service or otherwise, except from one interested party for a particular service or other services related therewith without the consent of all parties concerned. 20. He shall exercise fairness and justice when dealing with contracts between his clients or employers and the contractors. 21. He shall not accept any commissions or allowances, directly or indirectly from contractors, suppliers and all other parties dealing with his clients and/or employers in connection with the work for which he is responsible. 22. He shall not be financially interested in the bid or bids of contractors, suppliers and other interested parties participating in a competitive work or job on which he has been employed as engineer without full knowledge and consent of his clients or employers. 23. He shall promptly inform his clients or employers of any business in which he has any interest, business connection or affiliation which may compete with or affect the business or the clients or employers. 24. He shall not allow any decision in connection with his work for which he has been employed or on which he may be called upon to perform, to be affected by interest in any business. 25. He will present clearly the consequences to be expected from deviations proposed if his engineering judgment is overruled by non-technical authority in cases where he is responsible for the technical adequacy of engineering work. 26. He shall undertake only those engineering assignments for which he is qualified. He shall engage or advice his employer or client to engage specialists and shall cooperate with them whenever his employer’s or clients interest are served best by such an arrangement.
  • 59. ICT Perspective Towards Leadership and Development 55 RELATIONS WITH ENGINEERS 27. He shall individually or collectively with others in the profession protect the profession from misunderstanding and/or misrepresentations. 28. He shall not directly or indirectly injure the professional reputation, prospects, advancement and/or practice of other engineers. However, if he has proof or personal knowledge that an engineer has been unethical and/or illegal in his practices, he shall inform in writing the proper authorities for appropriate action. 29. He shall uphold the principle of appropriate and adequate compensation for those engaged in the engineering profession, including those in the subordinate capacities, in the interest of public service and maintenance of the standards of the profession. 30. He shall not try to supplant another engineer in a particular employment after becoming aware that definite steps have been taken toward the other’s employment. 31. He shall not compete, by underbidding, through reduction in his normal fees on the basis of charges for work, after having been informed of the charges submitted by another engineer. 32. He shall be fair and tolerant in his dealings with fellow engineers and give credit to those to whom credit is properly due. 33. He shall uphold the honor and dignity of his profession and avoid association in responsibility for work with engineers who do not conform to ethical practices. 34. He will exercise due restraint in criticizing another engineer’s work in public, recognizing the fact that the engineering societies and the engineering press provide the proper forum for technical discussion and criticism. RELATIONS TO THE PROFESSION 35. He shall cooperate in extending the effectiveness of the engineering profession and endeavor to be well-informed of the latest development in the profession by sharing or exchanging information and experience with other engineers, other professionals and students; and by contributing to engineering publications and schools and by participating in the activities of engineering societies.
  • 60. ICT Perspective Towards Leadership and Development 56 36. He shall cooperate in upholding the integrity, dignity and honor of the profession by avoiding all conducts and practices that will be discrediting and injurious to the profession. 37. He shall be dignified and modest in explaining or discussing his work and/or merit and shall refrain from self-laudatory advertising or propaganda.