RA 9292.pdf

RA 9292: The Electronics Engineering Law of 2004 H. No. 5224, S. No. 2683, Approved April 17, 2004

systems involving flow carriers of electric charge

of

electrons/other

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Electronics and Communications Engineer – person qualified to hold him/herself out as duly registered and licensed ECE under RA 5734

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Electronics Engineer – person qualified to hold him/herself out as duly registered and licensed Electronics Engineer under RA 9292 and affix to his name the letters ECE

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Electronics Technician - person qualified to hold him/herself out as duly registered and licensed Electronics Technician under RA 9292 and affix to his name the letters ECT

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Industrial Plant – manufacturing establishments where electronic machines are installed/used, sold/maintained

SECTION 1. “Rules and Regulations of the “Electronics Engineering Law of 2004” ---referred to as IRR

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SECTION 2. The State recognizes the importance of electronics engineering in nation-building and development *This IRR shall be integrated, construed, and carried out in the light of the statement of Policy in Sec. 2, Art. I of RA 9292

Information & Communications Technology – acquisition, production and transformation, storage, transmission/ reception of data and info by electronic means

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Professional Electronics Engineer - person qualified to hold him/herself out as duly registered and licensed Electronics Engineer under RA 9292 and affix to his name the letters PECE

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Telecommunications – transmission, emission/reception of data/info of any design/format and for any purpose, by electronic or technological means

BOARD OF ELECTRONICS ENGINEERING Res. No. 02, S. 2007

Sec. 39, Art. VIII of RA 9292 – An act providing for a more responsive and comprehensive regulation for the regulation, licensing and practice of professional electronics engineers and technicians, repealing RA 5734, otherwise known as “THE ELECTRONICS AND COMMUNICATIONS ENGINEERING ACT OF THE PHILIPPINES” Rule I Short title, Statement of Policy, Definition of Terms, Scope of Practice

SECTION 3. Definition of Terms

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Act – RA 9292 Accredited Professional Organization – Institute of Electronics Engineers of the Phils., Inc. (IECEP)

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Integrated and national organization of PECE, RECE, & Electronics Technicians (Sec 32 Art V of RA 9292)

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Broadcast, Broadcasting – an undertaking to transmit audio, video, text, images or signals for reception

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Commercial establishment – office buildings, hotels, and other areas for business purposes, where electronic machines are installed/used

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Communications – process of sending/receiving info/signals between two/more points by wired/wireless medium

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Computer – variety of electronic devices capable of accepting data, executing programs and presenting results

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Consulting Services – services requiring adequate technical expertise, experience and professional capability in the field of electronics engineering

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Electronics – science dealing with the development and application of devices and

SECTION 4. Categories of Practice

a. b. c.

Professional Electronics Engineer (PECE) Electronics Engineer (ECE) Electronics Technician (ECT)

SECTION 5. Nature and Scope of Practice a. The nature and scope of practice of ECE shall embrace and consist of any work/activity relating to the application of engineering sciences and underlying principles

a.

b.

The scope and nature of practice of ECE in this Section shall be applicable to PECE, with sole difference that it shall only be the latter who can provide consulting services, and to sign and seal electronic plans, drawings, permit applications, specifications, reports & other technical documents prepared by himself under his supervision ECEs are not prevented from rendering design work and providing/assuming any supervisory role in electronics work and related documents submitted to regulatory

authorities, reviewed accordingly sealed and signed by PECE

8.

Adopt program for full computerization of the licensure exam

c.

Consulting services as defined in Sec 3 Art 1 of RA 9292 is classified herein as consulting services rendered by PECE

9.

Grant registration to ECTs without exam, subject to review and approval by Commission in Sec 20, Art 3 of RA 9292

d.

Scope and nature of ECT shall embrace and consist of any non-engineering work/activity relating to installation, construction, etc.

10. Study,

*All subjects for licensure examinations shall be taught by persons who are holders of valid certificates of registration & professional id cards, or special permits issued by the Board & Commission provided that for implementation, the Board thru Commission shall, within 90 days from effectivity of this IRR, furnish CHED with listing of subjects included in the exam together with copies of syllabus for subjects for exam Rule II Professiona Regulatory Board of Electronics Engineering SECTION 6. Composition of the Board Chairman

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2 Members appointed by President of the Philippines from 3 recommendees per position chosen & ranked by the Commission, chosen from 5 nominees for each position submitted by Accredited Professional Organization (APO) in accord with EO 496, S 1991

SECTION 7. Powers & Functions of the Board 1. Administer/implement provisions of RA 9292 2. Administer oaths in connection with admin of RA 9292 3. Adopt official seal of the Board

4.

Issue certificates of Registration and Professional ID cards of PECEs, ECEs or ECTs in accord with Sec 19, Art 3 of RA 9292; revoke/suspend the same in accord with Sec 23, Art 3 of RA 9292

5.

Maintain rosters of PECEs, ECEs and ECts in Sec 25, Art 3 of RA 9292

6.

Issue, suspend/cancel special permits to foreign PECEs, ECEs or ECTs in Sec 23 & 26, Art 3 of Ra 9292

7.

Prescribe, amend or revise requirements for licensing PECEs in Sec 18, Art 3 of RA 9292, & considering latest technological developments, & prepare and adopt syllabi for licensure exams in Sec 15, Art 3 of RA 9292, and prepare questions thereof *Board may adopt recommendations from CHED and Technical Education & Skills Development (TESDA)

examine & recommend essential requirements as to curricula & facilities of schools, seeking permission to open ECE/Trelated courses and to see that these requirements are complied with; provided that within 3 years after effectivity of RA 9292, Board shall review & define/redefine curricula for electronics engineering 11. Inspect educational institutions & based on findings, recommend to CHED/TESDA the opening, improvement or closure of colleges offering such courses

12. Adopt

& administer Code of Ethics and Code of Technical Standards of Practice for PECE, ECE & ECT in Sec 30, Art 4of RA 9292

13. In

coordination with APO, academe shall issue appropriate Resolutions to spell out practice for PECE, ECE & ECT in Sec 5, Art 1 of 9292

14. Promulgate

& ensure strict compliance with program for Continuing Professional Education (CPE) & development of PECE, ECE, ECT in Sec 31, Art 5 of RA 9292 15. Prescribe minimum manning and manpower requirements for PECE, ECE & ECT in industrial plants 16. Formulate, prescribe & adopt such rules for electronics installation in industrial plants 17. Study conditions affecting PECE, ECE & ECT professions in the Philippines

18. Hear

and decide violations of the Act, Code of Ethics, & Code of Technical Standards of Practice and issue subpoena and testificandum and/or subpoena duces tecum to secure attendance of witnesses 19. Delegate hearing/investigation of administrative cases filed before it to authorized officers of the Commission *In cases where practice of PECE, ECE & ECT professions is involved, hearing shall be presided by at least 1 member of the Board assisted by a Legal/Hearing Officer of Commission 20. Promulgate resolutions, orders and/or decisions on such administrative cases *Such resolutions shall be subject to appeal within 15 days from receipt thereof with the Commission. After 15 days that no appeal is taken, it shall become final and enforceable immediately 21. Submit to Commission an action plan & corresponding report at open & close of each fiscal year

22. Discharge such other powers & functions as it and Commission may deem necessary for practice of profession *All resolutions issued & promulgated by the Board in the exercise of powers & functions under RA 9292 shall be subject to review and approval by the Commission Duties of Chairman and Members *The Chairman shall preside at all meetings and sign official documents involving matters & policies of the Board *In absence of Chairman, the Members shall attend meetings involving results of exams or questions regarding policies of the Board Meetings *Regular monthly meetings shall be held and special meetings may be held at discretion of Chairman or upon request of majority of the Board Quorum All members shall attend meetings except for unavoidable circumstances in which 2 members of the Board may be sufficient to constitute a quorum SECTION 8. Qualifications of Board Members

a. b.

c. d.

e. f.

g.

Citizen & resident of the Philippines at least 5 consecutive years prior to appointment Be of good moral character and integrity Be a holder of valid Certificate of Registration and valid Professional ID Card as PECE Be a member of good standing of APO Be in active practice of electronics engineering profession for at least 10 continuous years Must not have any pecuniary interest, directly or indirectly, in any school/institution Must not have been convicted of an offense involving moral turpitude

*Chairman and members of Board shall receive compensation and allowances comparable to that of Chairman and members of existing regulatory Boards under the Commission provided for in General Appropriations Act SECTION 11. Removal of Board Members *President of Philippines, upon recommendation of Commission, may suspend or remove any member of the Board for neglect of duty and other violations SECTION 12. Custodian of Board Records, Secretariat & Support Services *All records of the Board, including applications and cases involving PECE, ECE & ECT shall be kept by Commission *Commission shall designate Secretary of Board and shall provide the secretariat and other support services to implement provisions of RA 9292 Rule III Examination, Registration & Licensure SECTION 13. Licensure Examination *All applicants seeking to be registered and licensed as ECEs and ECTs shall undergo required exams given by the Board in such places/dates as the Commission may designate under RA 8981 SECTION 14. Qualifications for Examination

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Citizen of the Philippines or of foreign country qualified to take the exam in Sec 33, Art 5 of RA 9292 Of good moral character and had not been convicted of a criminal offense involving moral turpitude For ECE exams: Holder of a degree of BS ECE or such equivalent For ECT exams: a. Graduate of an Associate, Technician, Trade or Vocational course in electronics

b. c.

SECTION 9. Term of Office *The members of the Board shall hold office for a term of 3 years from date of appointment and may be reappointed ONCE for another term. *Any vacancy occurring within the term of a member shall be filed for the unexpired portion of the term only: Provided that, 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 6 years SECTION 10. Compensation & Allowances of the Board

Has completed at least 3rd year equivalent program in ECE For undergrads of transcript of records deemed satisfactory

minimum of a BS BS ECE, would be

SECTION 15. Scope of Examination *For Electronics Engineers: • Mathematics 20% • GEAS 20% • Electronics Engineering 30% • Electronics Systems & Technologies 30% Subjects covered: • Mathematics • Applied Sciences • Engineering Economics

• Laws and Ethics • Electronics • Communications • Computers • ICT *syllabi and descriptions can be found in annex A of this IRR *For Electronics Technicians: exams for ECT shall consist of written and practical tests covering subjects prescribed by the Board and cover topics specific to practice of ECTs Filing of Application:

1.

2. 3.

Application shall be filed together with required documents and fees with the Commission 30 working days prior to 1st day of examination but not later than 10 days after 1st day of exams By filing the application, it is conditional and applicant agrees to requirements prescribed Designated department of Commission shall screen applications

SECTION 16. Ratings *70% passing rate in each of the subjects *If candidate obtains a passing rate in 3 subjects, with one below 70% but not lower than 60%, shall be allowed to take removal exam on that subject SECTION 17. Release of Result of Examination *within 15 days after the examination SECTION 18. Qualification & Schedule of Registration for PECEs a. Valid certificate of Registration and Professional ID card as ECE b. Valid/current membership ID card or certificate of membership of good standing from APO c. Certified experience record of active practice indicating: • Inclusive dates • Companies worked for • Description of specific responsibilities • Relevant accomplishments and name • Position of immediate supervisors for at least 7 years(inclusive/aggregate), at least 2 years of which are in responsible charge of significant engineering work, from the date applicant took his oath as ECE *7 years inclusive/aggregate experience includes those which have been accumulated when applicant was still holding ECE registration under RA 5734

d.

3 Certifications signed by 3 PECEs attesting that the experience record submitted by applicant is factual *Applicants may submit anytime to the Commission. Board will then schedule an en banc oral interview *Under Sec 18, Art II of RA 9292 those registered and licensed as ECE under RA 5734 for at least 7 years upon effectivity of RA 9292 need only to submit a, b & c * Under Sec 18, Art II of RA 9292 those registered and licensed as ECE under RA 5734 for less than 7 years upon effectivity of RA 9292 may apply for “fast track” upgrading to PECE, but will submit a, b, c & d and undergo en banc oral interview SECTION 19. Issuance of Certificate of Registration & Professional Identification Cards *CoR shall be issued to passers of ECE and ECT licensure exams, ECEs registered as PECEs and to ECTs Technicians registered without exam *CoR shall bear signature of Chairperson & Members of the Board, stamped with official seal of Commission & Board – Sec 23 of RA 9292 *Professional ID card bears the registration number & date of registration, duly signed by Chairperson *Current/Valid membership ID card from APO shall be presented by the professional to the Commission during renewal SECTION 20. Registration with and without Examination for ECT *Board shall issue corresponding CoRs and Professional ID cards to successful applicants for registration as ECTs – Rule VII, Sec III Proofs:

a.

A graduate of at least 2-year Associate, Technician or Trade or Vocational course in Electronics as certified by TESDA, he/she has completed at least minimum 3rd year equivalent of BS ECE or Electronics program

b.

Rendered at least 7 years (inclusive/aggregate) of active selfpractice and/or employment either in Gov’t/private sector

*Above submittals shall be accompanied by individual certifications from at least 3 registered PECEs SCETION 21. Non-issuance of CoR and/or Professional ID card for certain Grounds Grounds for non-issuance:

Person convicted by a Court of competent jurisdiction of any crime involving moral turpitude Person of immoral/dishonorable conduct Person of unsound mind

1.

SECTION 22. Professional Oath *Successful examinees and those qualified for registration without examination shall take professional oath before any member of the Board or person authorized by the Commission

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SECTION 23. Revocation & Suspension of CoR, Professional ID cards & Cancellation of Special Permits *Under Sec 26 of RA 9292, the Board shall revoke/suspend validity of CoR and Professional ID card, or cancel special permit for violation of RA 9292, Code of Ethics & Code of Technical Standards of Practice *Rules on administrative investigation issued by the Commission shall govern the hearing/investigation of the case, subject to applicable provisions of RA 9292, RA 8981, PRC Res 06-342(A), S 2006, and Rules of Court SECTION 24. Reinstatement, Re-issuance or Replacement *After 2 years of revocation, upon application of party concerned for sufficient reasons, the board may reinstate the validity of revoked CoR/Professional ID card SECTION 25. Roster of PECE, ECE & ECT *The Board shall prepare and maintain a roster of names, residence and/or office address of all registered PECEs, ECEs & ECTs, updated annually SECTION 26. Exemptions from Examination and Registration *No exam and registration shall be required for foreign PECEs, ECEs or ECTs who are temporarily employed in the Phils in the ff cases: a. Where no qualified equivalent Filipino professional is available for the specific item of work to be rendered

b.

Where the conditions of the scope and funding for the work stipulates temporary employment of foreign professional

c.

As defined in the general Agreement on Trade in Services, ASEAN & APEC Engineer Registry Programs and international treaties to which the Phils is a signatory.*

*This shall include bilateral/multi-lateral mutual recognition agreements in services that the Phils has agreed to or will enter into provided that:

2.

4.

The foreigner is legally qualified to practice his profession in his country in which requirements for licensing & registration are not lower than those specified in the Act Work to be performed by foreigner shall be limited only to particular work for which he was specifically contracted Foreigner shall secure a Special Permit from the Board He shall not engage in private practice on his own account

5.

For every foreigner contracted for work, at least 2 corresponding registered Filipino professionals shall be employed as counterpart

6.

Special permit granted shall be valid only for not more than 6 months and renewable every 6 moths

SECTION 27. Practice of the Profession SECTION 28. Prohibition & Limitations on the Practice of Electronics Engineering and Electronics Technician Profession SECTION 29. Seal of the Professional ECEs *All licensed PECE shall obtain/use a seal of a design prescribed by the Board bearing: • Registrant’s name • Registration Number • Title *Plans, drawings, permit application, specs, reports & other technical docs shall be stamped on every page by a PECE with the seal PTR – Professional Tax Receipt Official Logo of the Board  Circular in shape

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Consists of 2 concentric circles: outside 48mm in diameter, inside 28mm in diameter

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Upper part of annular space bears BOARD OF ELECTRONICS ENGINEERING

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Lower half with words PROFESSIONAL REGULATION COMMISSION

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Inner circle space has symbol atom with nucleus and electrons at mid portion

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Outer and inner ring is filled with orange with boundaries in navy blue, text is black with white background

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Inner ring is filled with navy blue background, atom with white, nucleus and electrons in red

Seal of PECE as provided by Sec 29, Art IV of RA 9292

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Dry circular seal consisting of 2 concentric circles; outer 48mm, inner 32mm With an atom with nucleus & electrons on upper portion

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Horizontal space bearing word LICENSE NO. & just below is license number

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The position of the inner circle below the diametral space shall bear the name of the license holder

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The upper portion of the annular space bear the words PROFESSIONAL ELECTRONICS ENGINEER

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Lower portion bears the word PHILIPPINES

APO – sole source of the PECE Dry Seal SECTION 30. Code of Ethics & Code of Technical Standards Practice *APO shall submit Code of Ethics & Code of Technical Standards Practice within 6 months from effectivity of this IRR *The Code of Technical Standards Practice shall be updated whenever necessary to conform to latest technological standards SECTION 31. Continuing Professional Education(CPE) *CPE/Development Program shall be developed by the Board, Commission and APO, in consultation with other agencies concerned, and promulgated in accord with Sec 7(n), Art II of RA 9292 SECTION 32. Integrated Professional Organization

and

Accredited

There shall be 1 integrated and Accredited PO of PECE, ECE and ECT in the country which shall be registered with Securities and Exchange Commission as non-stock, non-profit corporation. *Those previously registered by the Board but not members of APO at time of effectivity of RA 9292 shall be allowed to register as members within 3 years after effectivity of this Act SECTION 33. Foreign Reciprocity *No foreigner shall be admitted for registration as PECE, ECE or ECT with/without exam under the Act unless the country of which he is a citizen admits Filipinos to practice as PECEs, ECEs or ECTs after exam or registration *A foreigner who wants to take Board Licensure Exam has to submit a letter/document signed and under official seal by appropriate official of his country requesting Chairman of Board and when

satisfactory, he can file an application with the documents: 1. Original/certified copy of any official document issued by Bureau of Immigration & Deportation allowing applicant to enter/reside in the Phils 2. Present passport for exam and photocopying of pertinent info about applicant 3. Original/authenticated copy of TOR/equivalent doc of course for Licensure exam from his school 4. Other docs required by the Board SECTION 35. Penal Provisions *A fine of not less than Php100,000 nor more than Php1M or by imprisonment of not less than 6 months nor more than 6 years or both shall be given to: • Person who gives any false statement to the Board to obtain CoR/Professional ID card

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Person who presents/uses the CoR, Pro ID card, membership ID card in APO and seal issued to another person as his own Person who presents/uses revoked/suspended CoR Person who assumes/uses/advertises/practices as PECE, ECE or ECT or appends his name any letters/words tending to convey that he is a registered PECE, ECE or ECT Any PECE/any person in his behalf who stamps/seals any doc with his seal as such after revocation/suspension of his CoR, Pro ID card, membership card in APO Any PECE who signs his name, affixes his seal in plans, or other docs prepared by another PECE Person, except PECE/ECE-in-charge, who signs for electronics engineering work not actually performed by him Person holding CoR and Pro ID card as PECE, ECE or ECT involved in illegal wiretapping, cloning, hacking, or any forms of malicious electronic eavesdropping and use of electronic devices in violation of privacy of another/in disregard of privilege of private communications and safety to life and property of others, or who maintains unlicensed communications system/device Person who violates any provision of RA 9292 or any rules, regulations, Code of Ethics, aqnd Code of Technical Standards of Practice

SECTION 36. Assistance of Law Enforcement & Other Government Agencies *Any law enforcement agency shall render assistance in enforcing RA 9292 by prosecuting violators

Rule VII Transitory Provisions SECTION 37. Transitory Provisions *Upon effectivity on May 4, 2004 of RA 9292, incumbent Board shall complete all pending/unfinished works within 6 months, after which it shall cease to exist *The President of the Phils shall before then appoint Chairman and Members of the first Board SECTION 38. Vested Rights: ECE when this law is passed *ECE holding valid CoR and Pro ID card at time of effectivity of the Act shall be automatically registered/recognized as ECEs and issued a new one

Chairperson: Leonor Tripon-Rosero Commissioners: Nilo L. Rosas Ruth R. Padilla NOTE: Refer to Radio Laws Manual for RA 5734  OTHER ECE LAWS RA 7925 – Philippine Public Telecommunications Policy Act - Act to promote and govern Philippine telecommunications - Effective March 22, 1995 RA 3846 – Act that provides for regulation of radio station communications in the Phils & other purposes

Rule VIII Final Provisions

RA 6849 – Municipal Telephone Act - approved February 8, 1990

SECTION 39. Implementing Rules & Regulations *The Board shall adopt and promulgate such rules and regulations for PECEs, ECEs and ECTs to carry out provisions of RA 9292 published in Official Gazette or newspaper in the Phils and effective after 15 days of its full & complete publication

RA 8981 – PRC Modernization Act

SECTION 40. Appropriations *Chairperson of PRC shall include in Commission’s program the implementation of RA 9292, funding of which shall be in the Annual General Appropriation Act SECTION 41. Separability Clause *If any provision of this IRR is unconstitutionally invalid, all the rest of provisions shall not be affected by such declaration SECTION 42. Repealing Provisions *All rules and regulations in conflict with any provision of this IRR are hereby repealed/amendend accordingly SECTION 43. Effectivity *This IRR shall take effect after 15 days following the complete and full publication in the Official Gazette/newspaper in the Phils

RA 3396 – Maritime Communications Law - effective December 5, 1927 EO 546 – law prescribing NTC - promulgated July 23, 1979 EO 59 – prescribing guidelines of compulsory interconnections of authorized public telecommunications carrier EO 266 – institutionalization of CPE (Continuing Professional Education) is under PRC - July 25, 1995 EO 467 – order providing for national policy in the operation and use of international satellite communications in the country EO 109 – improve the provision of local exchange carrier service - effective July 15, 1993 EO 255 – requires radio stations with music content to play at least 4 OPM song every hour EO 205 – cable TV regulation

*Done in the City of Manila, Phils. 31st day of August, 2007 Chaiman: Sylvia Icasiano-Marcelo Members: Nestor C. Dacanay Joel B. Bajador Secretary of Professional Regulatory Board: Carlos G. Almelor

EO 196 – vesting jurisdiction of Commercial Satellite Corporation to NTC

Philippine

PD 223 – decree creating PRC - effective June 22, 1973 DO #88 – rules and regulations requiring service of ECEs in planning & designing radiocomm equipment

BECE Resolution #3 – rules and regulations governing practice of ECE in the Phils on MATV, CATV, CCTV, Paging…