Electronics Engineering Law of 2004

Key definitions and practice categories

Electronics is the science dealing with the development and application of devices and systems involving the flow of electrons or other carriers of electric charge, including applications involving optical, electromagnetic and other energy forms when transduced or converted into electronic signals (Section 3).
Professional Electronics Engineer is a person duly registered/licensed under the Act who may affix the letters “PECE” to the person’s name (Section 3).
Electronics Engineer is a person duly registered/licensed under the Act who may affix the letters “ECE” to the person’s name (Section 3).
Electronics Technician is a person duly registered/licensed under the Act who may affix the letters “ECT” to the person’s name (Section 3).
Electronics and Communications Engineer is a person qualified to hold himself/herself out as a duly-registered/licensed electronics and communications engineer under Republic Act No. 5734 (Section 3).
The Act covers practice categories: Professional Electronics Engineer (PECE), Electronics Engineer (ECE), and Electronics Technician (ECT) (Section 4).
Computer and Information and Communications Technology (ICT), including their process and application concepts, are defined in Section 3; Communications and Telecommunications are defined in Section 3; Broadcast/Broadcasting and certain industry terms are also defined in Section 3.
Consulting Services covers advisory/review, pre-investment or feasibility studies, design, planning, construction, supervision, management, and related or special technical studies in the field of electronics engineering (Section 3).

Scope and nature of practice

The scope of the Electronics Engineer practice embraces work relating to the application of engineering sciences and/or principles to 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 and systems, including communications/telecommunications, ICT, computers and networking, 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 related and convergent fields (Section 5).
The Electronics Engineer scope includes administration, management, supervision, and regulatory aspects of such works, and teaching/training activities that develop ability in electronics engineering fundamentals and advanced knowledge, including lecturing and teaching of technical and professional subjects in the electronics engineering and electronics technician curriculum and licensure examinations (Section 5).
The Professional Electronics Engineer practice includes all Electronics Engineer scope plus the sole authority to provide Consulting Services as defined in the Act and to sign and seal electronics plans, drawings, permit applications, specifications, reports, and other technical documents prepared by himself/herself and/or under direct supervision (Section 5).
The Electronics Technician practice includes non-engineering work relating to installation, construction, operation, control, test and measurements, diagnosis, repair and maintenance, manufacture and production, sales and marketing of electronic components/devices/products/apparatus/instruments/equipment/systems/networks/operations/processes located on land or on watercraft/aircraft/industrial plants/commercial establishments, including teaching/training in the electronics technician curriculum and licensure examinations (Section 5).
The Act prohibits practice of the professions without the required registration and Professional Identification Card, except for exemptions under the Act (Sections 27 and 26).

Professional Regulatory Board powers

The Act creates the Professional Regulatory Board of Electronics Engineering (the Board) under the administrative control and supervision of the Professional Regulation Commission (Commission) (Section 6).
The Board is composed of a chairman and two (2) members appointed by the President from recommendees chosen and ranked by the Commission from nominees submitted by the accredited professional organization (Section 6).
The Board administers and implements the Act, administers oaths, adopts an official seal, and issues, suspends, revokes, or cancels Certificates of Registration and Professional Identification Cards, including suspension from practice for justifiable cause after due process (Section 7).
The Board maintains a roster of registered Professional Electronics Engineers, Electronics Engineers, and Electronics Technicians, and issues/suspends/cancels special permits to foreign professionals under the Act (Section 7; Section 26).
The Board prescribes licensing requirements for Professional Electronics Engineers, prepares and issues syllabi and examination questions for Electronics Engineers and Electronics Technicians in strict conformance with syllabi, and adopts a program for full computerization of the licensure examination (Section 7).
The Board grants registration without examination (subject to Commission review and approval) (Section 7).
The Board studies and recommends curricula and facilities requirements for schools seeking to open or continue electronics engineering/electronics technician programs in coordination with CHED and TESDA, and conducts within three (3) years from effectivity a review and re-definition/realignment of curricula to re-align and consolidate minimum requirements for eligibility to take the Electronics Engineer and Electronics Technician licensure examinations (Section 7).
The Board inspects educational institutions and recommends to CHED and/or TESDA and other government entities granting permits/authorization for opening, improvement/upgrading, or closure of schools offering these courses (Section 7).
The Board adopts and administers a Code of Ethics and Code of Technical Standards of Practice, promulgates rules on scope of practice, and promulgates a continuing professional education/development program (Section 7; Section 30; Section 31).
The Board prescribes minimum manning and manpower requirements for electronics engineering professions in industrial plants and commercial establishments, and formulates rules for electronics installations in covered buildings/structures in coordination with DPWH and other agencies and industry representatives (Section 7).
The Board may conduct ocular inspections/visits of industrial plants and commercial establishments to determine compliance, following established Commission policies (Section 7).
The Board hears and decides violations of the Act and related codes/rules, may issue subpoenas (subpoena ad testificandum and/or subpoena duces tecum), and may delegate administrative case hearings except when issues strictly concern practice of the professions, in which case at least one Board member presides assisted by a Legal/Hearing Officer of the Commission (Section 7).
The Board issues resolutions/orders/decisions subject to appeal within fifteen (15) days from receipt to the Commission, and if no appeal is taken within fifteen (15) days, the decision becomes final and immediately enforceable (Section 7).
The Board submits an annual action plan and report at the beginning and close of each fiscal year, and resolutions embodying rules and regulations and other policies/macro-measures are subject to Commission review and approval (Section 7).
The Commission keeps Board records and provides the Board secretariat and support services (Section 12).

Board qualifications, term, and removal

Board chairperson and members must be Philippine citizens and residents of the Philippines for at least five (5) consecutive years prior to appointment (Section 8).
They must be of good moral character and integrity, and hold a valid Certificate of Registration and valid Professional Identification Card as a Professional Electronics Engineer, duly qualified to practice as a Professional Engineer in the Philippines (Section 8).
They must be members in good standing of the accredited professional organization and have at least ten (10) years of active practice in the electronics engineering profession prior to appointment, either in self practice or employment in government and/or the private sector (Section 8).
They must not have pecuniary interest, directly or indirectly, in any school/academy/college/university/institution conferring degrees/certifications/accreditation for admission to the practice or where review classes are offered or conducted, and must not be faculty or administration thereof prior to taking the oath of office (Section 8).
They must not have been convicted of an offense involving moral turpitude (Section 8).
Board members hold office for a three (3) year term from appointment or until successors are appointed and qualified, and may be re-appointed once for another term; vacancies are filled for the unexpired portion only (Section 9).
The member appointed to serve an unexpired term may be re-appointed more than once provided continuous tenure does not exceed six (6) years (Section 9).
Each member must take the proper oath before assuming office (Section 9).
The chairman and members receive compensation and allowances comparable to existing regulatory boards under the Commission as provided in the General Appropriations Act (Section 10).
The President, upon Commission recommendation, may suspend or remove Board members for neglect of duty; incompetence; manipulation/rigging of licensure examination results; disclosure of secret information or examination questions before examination; tampering of grades; unprofessional or unethical conduct; or a final judgment/conviction of any criminal offense by courts, after opportunity to be heard/defend in a proper administrative investigation (Section 11).

Licensure examinations and registration rules

Applicants for Electronics Engineers and Electronics Technicians must undergo required examinations, except as specifically provided in the Act, in places and dates designated by the Commission under Republic Act No. 8981 (Section 13).
To take the Electronics Engineer or Electronics Technician examination, an applicant must establish, at the time of filing, citizenship (Philippine or foreign country qualified under Section 33), good moral character, and no conviction for a criminal offense involving moral turpitude (Section 14).
For Electronics Engineer examinations, the applicant must be a holder of a degree of Bachelor of Science in Electronics and Communications Engineering or Electronics Engineering, or an equivalent/related engineering course/program subject to minimum Board requirements, from a government/state-recognized school, after completing a resident collegiate course equivalent to a full baccalaureate degree (Section 14).
For Electronics Technician examinations, the applicant must be a graduate of an Associate/Technician/Trade/Vocational course in electronics, or an equivalent/related formal or non-formal course/program subject to Board evaluation, after completing a resident course/program of not less than two (2) years; or must have completed at least the minimum third-year equivalent of a Bachelor of Science program in Electronics and Communications Engineering or Electronics Engineering according to CHED guidelines, or an equivalent/related engineering course/program subject to Board evaluation (Section 14).
The Electronics Engineer licensure examination consists of written tests covering subjects prescribed by the Board including at least Mathematics, Applied Sciences, Engineering Economics, Laws and Ethics, Electronics, Communications, Computers, and Information and Communications Technology (Section 15).
The Electronics Technician licensure examination consists of written and/or practical tests covering subjects prescribed by the Board specific to Electronics Technician practice (Section 15).
The Board may modify subject clustering and prescribe the number of final examinations per year after Commission approval; the Board resolution must be published in the Official Gazette or in major daily newspapers of general circulation and disseminated to colleges (Section 15).
To pass, a candidate must obtain a passing rating of seventy percent (70%) in each subject; a candidate who passes the majority but has failed subject ratings below seventy percent (70%) but not lower than sixty percent (60%) is allowed one (1) removal examination on failed subjects; failure in the removal examination results in failure of the entire licensure examination (Section 16).
The Board and Commission must correct and rate examination papers and release examination results within fifteen (15) days after the examination (Section 17).
For registration as Professional Electronics Engineer, the application must be supported by: (a) a valid Certificate of Registration and Professional Identification Card as Electronics Engineer; (b) valid/current membership identification card from the accredited professional organization; (c) a certified experience record showing active self-practice and/or employment (government or private sector) for at least seven (7) years (inclusive and/or aggregate) with at least two (2) years in responsible charge of significant engineering work from the date applicant took oath as an Electronics and Communications Engineer or Electronics Engineer; and (d) three (3) certifications signed by three (3) Professional Electronics Engineers attesting the factuality of the submitted experience record (Section 18).
Applications for Professional Electronics Engineer registration may be submitted anytime; the Board schedules an en banc oral interview to verify/authenticate and assess competency per Board rules/standards (Section 18).
Electronics and Communications Engineers registered under Republic Act No. 5734 for at least seven (7) years upon the Act’s effectivity need only submit items (a), (b), and (c) (Section 18).
Electronics and Communications Engineers registered under Republic Act No. 5734 for less than seven (7) years after the Act’s effectivity must submit the certified experience record and three (3) certifications and submit to an en banc oral interview for competency assessment to be registered as Professional Electronics Engineer (Section 18).
A Certificate of Registration is issued to examinees who pass the Electronics Engineer and Electronics Technician examinations, and to Electronics Engineers and Electronics Technicians registered without examination, subject to payment of fees prescribed by the Commission; it bears signatures of Board chairperson and members, the official seal of the Commission and Board, and states entitlement to practice subject to compliance with applicable requirements, and remains in force until withdrawn/suspended/revoked per the Act (Section 19).
The Professional Identification Card is issued to every registrant who paid the prescribed fee and bears registration number, date of registration, and the duly signed approval by the chairperson of the Commission, serving as evidence of registration with the Commission (Section 19).
Electronics Technicians may be registered without examination within five (5) years after the Act’s effectivity if they present evidence meeting at least: (a) completion of at least a two-year Associate/Technician/Trade/Vocational electronics course certified by TESDA, or completion of at least the minimum third-year equivalent of a BS electronics degree program per CHED guidelines, or equivalent/related formal or non-formal course/program subject to Board evaluation; and (b) at least seven (7) years of active self-practice and/or employment (government or private sector) with specified details and counterpart employment details for records (Section 20).
Applications for registration without examination for Electronics Technicians must be accompanied by certification from at least three (3) registered Professional Electronics Engineers vouching for integrity, technical capability, and good moral character (Section 20).
The Board and/or Commission must not register and must not issue Certificate of Registration and/or Professional Identification Card to a person convicted of any crime involving moral turpitude, to a person of immoral or dishonorable conduct, or to a person of unsound mind, and must furnish a written statement of reasons incorporated into Board records (Section 21).
Successful examinees and those qualified for registration without examination must take a professional oath before the Board or a person authorized by the Commission before registration and as a prerequisite to practicing (Section 22).
The Board must revoke or suspend a Certificate of Registration and the Professional Identification Card, or cancel a Special Permit, upon proper notice and hearing for causes including unprofessional/unethical conduct, malpractice, incompetence, violation of the Act and implementing rules/codes, or where fraud/deceit/false statement was used to obtain the certificate or permit (Section 23).
The Board may reinstate a revoked Certificate of Registration and Professional Identification Card two (2) years after revocation upon application for reasons deemed proper and sufficient, subject to compliance with applicable Commission/Board requirements, provided no illegal practice or Act/code/policy violation occurred during the revocation period (Section 24).
Replacement of lost/destroyed/mutilated certificates or IDs is allowed subject to rules promulgated by the Board and Commission and payment of required fees (Section 24).
The Board must prepare and maintain a roster of registered professionals’ names and residence/office addresses, updated annually in cooperation with the accredited professional organization, reflecting certificate/ID status and membership status (valid, inactive due to death/other reasons, delinquent, suspended, or revoked), and must conspicuously post the roster in the Commission premises with public access upon inquiry/request (Section 25).

Exemptions, seal, and ethics standards

Foreign Professional Electronics Engineers, Electronics Engineers, or Electronics Technicians are exempt from examination and registration when temporarily employed by the Philippine Government or private firms in the Philippines under specified conditions (Section 26).
Exemption applies when no qualified equivalent Filipino professional is available for the specific work item, as attested by the accredited professional organization (Section 26).
Exemption applies when scope and funding conditions stipulate temporary employment of a foreign professional (Section 26).
Exemption also applies under the General Agreement on Trade in Services, the ASEAN and APEC Engineer Registry programs, and other similar international treaties/agreements/covenants the Philippines has ratified (Section 26).
The foreign professional must be legally qualified in his/her own country where licensing/registration requirements are not lower than those specified in the Act (Section 26).
The foreign professional’s work must be limited only to the specific work or project for which the foreigner is contracted (Section 26).
The foreign professional must secure a Special Permit from the Board before commencing work, subject to Commission approval, and no working visa/permit is issued unless the Special Permit has been granted first (Section 26).
The foreign professional must not engage in private practice on his/her own account (Section 26).
For every foreign professional contracted, at least two (2) corresponding Filipino professionals registered under the Act must be employed as counterparts for at least the same duration as the foreigner’s tenure (Section 26).
The Special Permit is valid only for not more than six (6) months and is renewable every six (6) months thereafter subject to Board discretion and Commission approval (Section 26).
The Special Permit ceases to be valid if the foreigner terminates the employment in the work/project for which the permit was originally granted and thereafter engages in an occupation that requires another Special Permit or registration under the Act (Section 26).
No person may offer oneself in the Philippines as, or use the title “Professional Electronics Engineer,” “Electronics Engineer,” or “Electronics Technician,” or use any word/letter/figure/sign conveying that impression, or advertise qualification to perform the work, without a valid Certificate of Registration and valid Professional Identification Card, except as provided by the Act’s exemptions (Section 27; Section 26).
The practice of electronics engineering and electronics technical is a professional service requiring admission based on the individual’s personal qualifications, and no firm/company/partnership/association/corporation may be registered or licensed for practice; registered and licensed individuals may form partnerships/associations/corporations among themselves or with allied professionals to collectively render services, and individual members remain responsible for their respective acts (Section 28).
All licensed Professional Electronics Engineers must obtain and use a seal prescribed by the Board bearing the registrant’s name, registration number, and title, and must stamp plans/drawings/permit applications/specifications/reports and other technical documents prepared by and/or under the supervision of the Professional Electronics Engineer on every sheet/page with the seal showing 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 used professionally (Section 29).
The Board shall adopt a Code of Ethics and a Code of Technical Standards of Practice for Electronics Engineers and Electronics Technicians, which the accredited professional organization shall promulgate (Section 30).

Continuing education, organization, reciprocity, government positions

Registered Professional Electronics Engineers, Electronics Engineers, and Electronics Technicians must comply with continuing professional education and/or development rules/programs prescribed by the Commission and/or Board, the accredited professional organization, and other government agencies pursuant to the Act and relevant laws and international covenants ratified by the Philippines (Section 31).
The Act establishes one integrated and accredited professional organization for the three professions; it must be registered with the Securities and Exchange Commission as a non-stock, non-profit corporation and recognized by the Board, Commission, and government agencies as the one and only integrated and accredited national organization (Section 32).
Upon registration with the Commission, every professional becomes an ipso facto member of this organization (Section 32).
Previously registered professionals not members at the time of effectivity are allowed to register as members within three (3) years after the Act’s effectivity (Section 32).
Membership in the accredited professional organization is not a bar to membership in other associations (Section 32).
The accredited professional organization implements continuing professional education and/or development programs, accredits entities providing such programs, and compliance is a requisite for maintaining good standing; members in good standing receive an annual membership card indicating membership number and validity period to be affixed to plans, specifications, and documents signed in the course of practice (Section 32).
Failure to maintain good standing in the accredited professional organization causes listing of the individual as delinquent in the roster (Section 32).
No foreigner is admitted for registration under the Act as Professional Electronics Engineer, Electronics Engineer, or Electronics Technician with or without examination unless the foreigner proves that the citizen’s/subject’s/province’s country admits Filipino citizens to practice on strict and absolute equality, including unconditional recognition of licenses and prerequisite degrees/diplomas from institutions recognized by the government of the Philippines (Section 33).
Within three (3) years from effectivity, all existing and proposed government positions primarily requiring the services of these registered and licensed professionals must be filled only by registered and licensed Professional Electronics Engineers, Electronics Engineers, or Electronics Technicians (Section 34).

Penalties and law enforcement assistance

Violations listed in Section 35 are punished by a fine of not less than PHP 100,000.00 nor more than PHP 1,000,000.00, or imprisonment of not less than six (6) months nor more than six (6) years, or both, in the discretion of the court (Section 35).
The punished acts include: giving false/fraudulent statements to obtain Certificate of Registration and/or Professional Identification Card (Section 35); presenting/using another person’s Certificate/Professional Identification Card/membership card and/or seal, or allowing their use (Section 35); presenting/using a revoked or suspended certificate (Section 35).
Punished acts include assuming/using/advertising/practicing as a Professional Electronics Engineer, Electronics Engineer, or Electronics Technician or appending letters/words conveying registration impression when not duly registered (Section 35).
It is punished for a Professional Electronics Engineer, or a person on the engineer’s behalf, to stamp/seal documents after the certificate/ID/membership/seal is revoked/suspended or after suspension from practice or removal from the roster (Section 35).
It is punished to sign-name/seal/use other signature method on plans/technical descriptions/documents prepared under another Professional Electronics Engineer’s supervision unless the manner clearly indicates the part of work actually performed by the former (Section 35).
It is punished for any person other than the in-charge Professional Electronics Engineer or Electronics Engineer to sign for electronics engineering work or any electronics engineering practice function not actually performed (Section 35).
It is punished for a certificate holder to be involved in illegal wire-tapping, cloning, hacking, cracking, piracy, and/or other unauthorized and malicious electronic eavesdropping, or use of electronic devices in violation of privacy of others or disregard of privilege of private communications and/or safety to life, physical and/or intellectual property, or to maintain an unlicensed/unregistered communications system or device (Section 35).
It is punished to violate any provision of the Act or its rules/regulations, Code of Ethics, or Code of Technical Standards of Practice promulgated under the Act (Section 35).
Any law enforcement agency must render assistance upon call/request of the Board and/or Commission in enforcing the Act, Codes, and implementing rules by prosecuting violators in accordance with law and the Rules of Court (Section 36).
Any government department/instrumentality/office/bureau/institution/agency including local governments must render assistance upon call/request, cooperate, and coordinate with the Board/Commission to carry out and enforce this Act and corresponding codes/policies/measures/programs/activities (Section 36).

Transitory, vested rights, implementing rules

The incumbent Board of Electronics and Communications Engineering must complete all pending/unfinished works within six (6) months from effectivity and thereafter cease to exist; the President must appoint the first Board before then, which must formulate and promulgate implementing rules and regulations for the Act (Section 37).
Electronics and Communications Engineers holding a valid Certificate of Registration and Professional Identification Card at the time of effectivity are automatically registered and recognized as Electronics Engineers, and must be issued a new Certificate of Registration and Professional Identification Card as Electronics Engineers with the same license number as their original certificate, subject to payment of prescribed fees and other requirements of the Board and/or Commission (Section 38).
The Board, subject to Commission approval and in coordination with the accredited professional organization, must adopt and promulgate rules/regulations/resolutions, the Code of Ethics, and the Code of Technical Standards of Practice to carry out the Act; these must be published in the Official Gazette or a newspaper of general circulation and become effective 15 days after publication (Section 39).
The Chairperson of the Professional Regulation Commission shall include the implementation of the Act in the Commission’s program and ensure funding is included in the annual appropriations (Section 40).
If any provision or portion of the Act is declared unconstitutional, the other provisions remain unaffected (Section 41).
Republic Act No. 5734 is repealed; all other laws/executive orders/rules and regulations or parts thereof in conflict with the Act are repealed or amended accordingly (Section 42).
The Act’s effectivity is 15 days after full publication in the Official Gazette or a newspaper of general circulation (Section 43).