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REPUBLIC ACT NO. 7920 - AN ACT
PROVIDING FOR A MORE RESPONSIVE AND COMPREHENSIVE REGULATION FOR THE
PRACTICE, LICENSING, AND REGISTRATION OF ELECTRICAL ENGINEERS AND
ELECTRICIANS |
ARTICLE I SECTION 1. Title. — This Act shall be known as the "New Electrical Engineering Law." Sec. 2. Definition of Terms. — As used in this
Act, the following terms shall mean: ARTICLE II Sec. 3. Composition of the Board. — The Board of Electrical Engineering, hereinafter referred to as the Board, shall be created as a collegial body under the general supervision and administrative control of the Professional Regulations Commission, hereinafter called as the Commission, composed of a chairman and two (2) members to be appointed by the President of the Philippines from among the recommendees of the Commissioner of the Professional Regulations Commission, hereinafter referred to as the Commissioner, who were chosen from the nominees of the integrated and accredited association of electrical engineers and of other registered associations of electrical engineers and allied fields. Sec. 4. Powers and Duties of the Board. — The
Board shall exercise executive/administrative or quasi-legislative
(rule-making) or quasi-judicial (investigative) powers in carrying out
the provisions of this Act. It shall be vested with the following
specific powers, functions, duties and responsibilities: Sec. 5. Qualifications of Board Members. — Each
Board member must, at the time of his appointment: Sec. 6. Term of Office. — The members of the Board
shall hold office for a term of three (3) years from the date of
appointment or until their successors shall have been appointed and
qualified. They may, however, be reappointed for a second
term. Each member shall qualify by taking an oath of office
before entering upon the performance of his duties. Sec. 7. Removal of Board Members. — Any member of the Board may be removed by the President of the Philippines, upon the recommendation of the Commissioner for neglect of duty, incompetence, malpractice, commission or tolerance of irregularities in the examinations, or for unprofessional, unethical, or dishonorable conduct, after having been given the opportunity to defend himself in a proper administrative investigation. Sec. 8. Compensation of Chairman and the Board Members. — The chairman and members of the Board shall receive a monthly compensation of no less than twelve thousand pesos (P12,000.00): provided, that the chairman shall receive a monthly compensation of ten percent (10%) more: provided, further, that such compensation shall be increased or modified pursuant to the General Appropriations Act of the year: provided, furthermore, that they shall receive other benefits that may be provided for by law. Sec. 9. Executive Officer of the Board. — The
Commissioner shall be the executive officer of the Board and shall
conduct the examination given by the Board and shall designate any
subordinate officer of the Commission to act as secretary and custodian
of all records including all examination papers and minutes of the
deliberations of the Board. ARTICLE III SECTION 10. Examination Required. — All applicants for registration for the practice of electrical engineering in the Philippines shall be required to pass a technical examination as hereafter provided except as otherwise specifically allowed under this Act. SECTION 11. Registration and License Required. — A valid certificate of registration and a valid professional license from the Commission are required before any person is allowed to practice electrical engineering in the Philippines except as otherwise allowed under this Act. SECTION 12. Examination Fees. — All applicants for oral examinations for professional electrical engineer and written examinations for registered electrical engineer and registered master electrician shall be subject to payment of fees prescribed by the Commission: provided, that ninety percent (90%) of the fees is to be treated as a special fund for the programs, projects and activities of the Commission and the remaining ten percent (10%) shall be set aside as a trust fund for the establishment and maintenance of the center for continuing education and research. SECTION 13. Registration Fees, License Fees and Fines. — All applicants for registration and license to practice as professional electrical engineer, and registered master electrician, shall be subject to the payment of registration fees, license fees, and fines in case of violation of the pertinent rules and regulations for the amounts prescribed by the Board and approved by the Commission: provided, that fifty percent (50%) from these collections are to be treated as a special fund for programs, projects and activities of the commission and the other fifty percent (50%) shall be set up in a separate special fund for the supervisory and regulatory functions of the Board. SECTION 14. Exemption from Examination and Registration. — (a) Examination and registration shall not be required of foreign electrical engineers, erection/commissioning/guarantee engineers employed as technical consultants by the Philippine government or by private firms, for which the pertinent professional society certifies that no qualified Filipino professional is available, or of foreign electrical installers for the erection and installation of a special project or for any other specialized work, subject to the following conditions: (i) That the abovementioned foreign professionals are legally qualified to practice their profession in their own country in which the requirements and qualifications for obtaining a license or certificate of registration are not lower than those specified in this Act; (ii) That the scope of work to be performed by said foreign professionals shall be limited only to the particular work for which they were contracted; (iii) That prior to commencing work, the foreign professional shall secure a special permit from the Commission; (iv) That said foreign professional shall not engage in private practice on their own account; (v) That for every foreign professional contracted pursuant to this section, one Filipino understudy who is registered under the provisions of this Act shall be employed by the private firm utilizing the services of such foreign professional for at least the duration of the alien expert's tenure with said firm; and (vi) That the exemption herein granted shall be good only for six(6) months, renewable for another six (6) months at the discretion of the Board: provided, that in case the foreign professional ceases to be employed in accordance with this section and engages in an occupation requiring registration as electrical engineer such professional must be registered under the provisions of this Act. (b) No registration with the Board shall be required of the following: (i) Engineering students, apprentices and other persons employed or acting as subordinates of, or undergoing training under a person holding a valid certificate of registration and a valid professional license under this Act; (ii) Persons in charge of or supervising the operation, tending and maintenance of an electric generating set for private use employing voltages not exceeding two hundred fifty volts (250 V) and capacity not exceeding fifty kilovolt amperes (50 kva): provided, that the owner or operator shall be required to have the electric generating set periodically inspected at intervals of not more than one (1) year by a professional electrical engineer, a registered electrical engineer on a national, city, provincial or municipal government authority exercising legal jurisdiction over electrical installations. SECTION 15. Holding of Examinations. — Examinations for the practice of electrical engineering in the Philippines should be given twice a year in the City of Manila and other places on dates that the Board may recommend for determination of scheduling. The Board shall schedule interview/oral examination of every applicant for registration as professional electrical engineer only at the office of the Commission. To qualified applicants for examination, notice of admission shall be issued not later than ten (10) days prior to the first day of examination. SECTION 16. Qualifications of Applicant for Registration as Professional Electrical Engineer. — Any person applying for registration as professional electrical engineer shall establish to the satisfaction of the Board that on or before the date of registration, he possesses the following qualifications: (a) He is a citizen of the Philippines; (b) He is of good reputation with high moral values; (c) He has not been finally convicted by the court of an offense involving moral turpitude; (d) He is a holder of the degree of Bachelor of Science in Electric Engineering (BSEE) from a university, school, college, academy or institute duly constituted, recognized and accredited by the Philippine government; and (e) He is a registered electrical engineer with valid certificate of registration and professional license and with four (4) years or more of active practice reckoned from the date of his registration as a registered electrical engineer. SECTION 17. Qualifications of Applicants for Registered Electrical Engineer Examination. — Any person applying for admission to the registered electrical engineering examination, as herein provided, shall establish to the satisfaction of the Board that, on or before the date of the examination, he possesses the following qualifications: (a) He is a citizen of the Philippines; (b) He is at least twenty-one (21) years of age; (c) He is of good reputation with high moral values; (d) He has not been finally convicted by the court of an offense involving moral turpitude; and (e) He is a holder of the degree of Bachelor of Science in Electrical Engineering (BSEE) from a university, school, college, academy or institute duly constituted, recognized and accredited by the Philippine government. SECTION 18. Qualifications of Applicants for Registered Master Electrician Examination. — Any person applying for admission to the registered master electrician examinations, as herein provided, shall establish to the satisfaction of the Board that, on or before the date of the examination, he possesses the following qualifications: (a) He is a citizen of the Philippines; (b) He is at least eighteen (18) years of age; (c) He is of good reputation with high moral values; (d) He has not been finally convicted by the court of an offense involving moral turpitude; and (e) He has any of the following technical backgrounds: (1) Has completed at least three (3) years of a five-year Bachelor of Science in Electrical Engineering (BSEE) program or a three-year course in electrical engineering technology from an engineering school recognized by the Philippine government and, in addition, has a subsequent specific record of one (1) year practice in electrical wiring and installation, operation and maintenance of utilization devices and equipment; or (2) Has graduated from a two-year electrician's course of instruction from a vocational or trade school recognized by the Philippine government and, in addition, has at least two (2) years of apprenticeship after completion of the course of instruction on electrical installation, operation and maintenance of utilization devices and equipment; or (3) Has completed a one-year electrician's course of instruction from a vocational school recognized by the Philippine government and, in addition, has at least three (3) years of apprenticeship after completion of the course of instruction on electrical installation, operation and maintenance of utilization devices and equipment; or (4) Has completed a four-year high school education or its equivalent and, in addition, has subsequent specific record of at least five (5) years of apprenticeship in electric wiring, installation, operation and maintenance of utilization devices and equipment. SECTION 19. Scope of Examination. — As a prerequisite for registration as professional electrical engineer, registered electrical engineer and registered master electrician, the applicant shall comply with the following requirements: (a) Professional electrical engineer: For the purpose of confirming the service record and clarifying the technical report submitted by the applicant for registration as a professional electrical engineer, an oral examination or interview shall be conducted on the following documents to be submitted to the Board: (1) Certified experience record from the date applicant took oath as a registered electrical engineer indicating the inclusive dates, companies worked for, description of specific responsibilities, significant accomplishments as well as the name and position of immediate supervisors; (2) Technical paper covering an evaluation, an analysis, a study or a critical discussion of an electrical engineering project or subject, on one or several technical aspects such as: design, construction, installation, commissioning, testing, operation, maintenance, repair, research and the like. The technical paper shall be supported by engineering principles and data. Published or unpublished scientific paper or treatise on electrical engineering theories and applications may be considered as complying with the requirement; (3) Three (3) certifications signed by three (3) professional electrical engineers to the effect that the experience record submitted by the applicant is factual and that the technical paper submitted was actually prepared by the applicant. The applicant must obtain passing marks on the experience record and on the technical report in order to qualify for registration as a professional electrical engineer. (b) Registered electrical engineer: The applicant shall pass a written examination on different subjects or group of subjects as follows: (1) Mathematics, such as: algebra, trigonometry, analytic geometry, differential calculus, integral calculus, differential equations, complex numbers, probability and statistics, advanced engineering mathematics including matrices, power series, Fourier analysis, Laplace transforms, and others. The weight is twenty-five percent (25%). (2) Engineering sciences and allied subjects, such as general chemistry, college physics, computer fundamentals and programming, engineering materials, engineering mechanics, fluid mechanics, strength of materials, thermodynamics, electrical engineering law, engineering economics, engineering management, contracts and specifications, code of professional ethics, Philippine Electrical Code, Parts 1 and 2 and others. The weight is thirty percent (30%). (3) Electrical engineering professional subjects, such as: electrical circuits, electronic theory and circuits energy conversion, power transmission and distribution, instrumentation and measurement, circuit and line protection, control systems, principles of communication, electrical machines, electrical equipment, components and devices, electric systems, power plant, electronic power equipment, illumination, building wiring and others. The weight is forty-five percent (45%). The passing general weighted average rating shall be seventy percent (70%) with no grade below fifty percent (50%) in any group of subjects listed above. The examination questions on the foregoing subjects shall cover only basic theories and principles, and shall exclude questions based on experience and trade practices. The number of questions shall be such that the examination can be finished in three (3) consecutive eight-hour days. (c) Registered master electrician: The applicant shall pass a written examination on the different subjects or group of subjects as follows: (1) Technical subjects: — Ohm's Law: Calculations for resistance, current, voltage and power for direct current and alternating current circuits. — Electrical machines: Description and operating principles of motors, generators and transformers. — Control equipment: Description and function of fuses, overload relays, safety switches, magnetic switches, circuit breakers, star-delta motor starters, transformer-type motor starters, D.C. motor starters. — Electrical components: Description of resistors, capacitors, inductors and semi-conductors. — Maintenance and repair: Description of the procedures in the maintenance of electrical machinery. — Test equipment: Types and uses of measuring instruments. — Electrical engineering law provisions pertaining to registered master electrician. — Other related subjects as may be prescribed by the Board. (2) Philippine Electrical Code, Parts 1 and 2: — General requirements for installation of electric wiring and equipment. — Approved wiring methods. — Types of wiring materials and wiring devices. — Installation of switchboard and panel boards. — Installation in hazardous locations. — Wiring diagrams of different types of motor starters with motor protection. — Drawing symbols and wiring plants. — Other related subjects as may be prescribed by the Board. The number of test questions shall be such that the examinations can be finished in one (1) eight-hour day. The relative weights shall be fifty percent (50%) for technical subjects and fifty percent (50%) for Philippine Electrical Code. The passing general average rating shall be seventy percent (70%) with no grade below fifty percent (50%) in any subject. Sec. 20. Report of Ratings. — The Board of Electrical Engineering shall, within one hundred fifty (150) days after the date of completion of the examinations, report the ratings obtained by each candidate to the Commission. Sec. 21. Reexamination of Failed Subjects. — An applicant shall be allowed to retake, any number of times, only the subject/s in which he has obtained a grade below fifty percent (50%). When he shall obtained an average grade of seventy percent (70%) in the subject/s repeated, he shall be considered to have passed his licensure examination. Sec. 22. Oath. — All successful candidates in the examination shall be required to take a professional oath before the Board or any government official authorized to administer oaths prior to entering upon the practice of professional electrical engineer, registered electrical engineer, and registered master electrician. Sec. 23. Issuance of Certificates of Registration
and Professional Licenses. — The registration of professional
electrical engineer, registered electrical engineer or registered
master electrician commences from the date his name is entered in the
roll of registrants or licensees for his profession. Every
registrant who has satisfactorily met all the requirements specified in
this Act, upon payment of the registration fee, shall be issued a
certificate of registration as a professional electrical engineer, a
registered electrical engineer or a registered master electrician that
shows the full name of the registrant and with serial number, signed by
the Commissioner and by the chairman and members of the Board, stamped
with the official seal, as evidence that the person named therein is
entitled to practice the profession with all rights and privileges
appurtenant thereto. The certificate shall remain in full force
and effect until withdrawn, suspended, or revoked in Sec. 24. Continuing Professional Education Program. — The CPE guidelines shall be prescribed and promulgated by the Board subject to the approval of the Commission, after consultation with the integrated and accredited electrical engineering associations, other associations of the electrical engineering profession, and other concerned sectors. The Board shall incorporate in the said guidelines the creation of a CPE council that shall be composed of officers coming from the Board, the Commission, the integrated and accredited electrical associations, and other concerned sectors. It shall be vested with the functions, duties and responsibilities to implement the guidelines and shall have the juridical personality that is distinct and separate from and independent of the Board, the Commission, the integrated and accredited electrical engineering association, and other associations of the electrical engineering profession. Sec. 25. Integration of the Electrical Engineering
Professions. — The electrical engineering professions shall be
integrated into one national organization which shall be recognized by
the Board as the one and only integrated and accredited association of
professional electrical engineers, registered electrical engineers and
registered master electricians. Every professional electrical
engineer, registered electrical engineer and registered master
electrician upon registration with the Board as such, shall ipso facto,
become a member of the integrated national organization. Those
who have been registered with the Board but are not members of
the said organization at the time of the effectivity of this Act, shall
be allowed to register as members of the said integrated organization
within three (3) years after the effectivity of this Act. Membership in
the integrated organization shall not be a bar to membership in the
other associations of the electrical engineering profession. Sec. 26. Seal of Professional Electrical Engineer.
— All licensed professional electrical engineers may obtain a seal of a
design prescribed by the Board bearing the registrant's name, the
certificate number and the legend "Professional Electrical
Engineer." Plans, specifications, reports and other professional
documents prepared by or executed under the immediate supervision of
and issued by a licensee, shall be stamped on every sheet with said
seal when filed with government authorities or when submitted or used
professionally: provided, however, that it is unlawful for anyone to
stamp or seal any document with said seal after the registrant's name
has been delisted from the roster of professional electrical engineers
or after the validity of his professional license has expired. Sec. 27. Indication of Registration/Professional License Number. — The professional electrical engineer, registered electrical engineer, or registered master electrician shall be required to indicate his registration/professional license number, the date registered, and the date of its expiry in the documents he signs, uses or issues in connection with the practice of his profession. Sec. 28. Refusal to Issue Certificates. — The
Board of electrical engineering shall not issue a certificate of
registration to any person convicted by the court of any criminal
offense involving moral turpitude or to any person guilty of immoral or
dishonorable conduct or to any person of unsound mind. In the
event of refusal to issue certificates for any reason, the Board shall
give the applicant a written statement setting forth the reasons for
such action, which statement shall be incorporated in the records of
the Board. Sec. 29. Revocation of Certificates of
Registration and Suspension from the Practice of the Profession. — The
Board shall have the power, upon proper notice and hearing, to revoke
any certificate of registration of any registrant, to suspend him from
the practice of his profession or to reprimand him for any cause
specified in the preceding section, or for the use of, perpetration of
any fraud or deceit in obtaining a certificate of registration, or for
gross negligence or incompetence or for unprofessional or dishonorable
conduct; for violation of this Act, the rules and regulations and other
policies of the Board and the Code of Professional Ethics. Sec. 30. Re-issuance of Revoked Certificates and
Replacement of Lost Certificates. — Subject to the approval of the
Commission, the Board may, after the expiration of one (1) year from
the date of revocation of a certificate, for reasons it may deem
sufficient, entertain an application for a new certificate in the same
manner as application for an original one. It may exempt the
applicant from the necessity of undergoing an examination. ARTICLE IV Sec. 31. Field of Practice. — The field of practice for professional electrical engineers, registered electrical engineers, and registered master electricians shall be as follows: (a) A professional electrical engineer's field of practice includes the sole authority to seal electrical plans, etc., and to practice electrical engineering in its full scope as defined in this Act; (b) A registered electrical engineer's field of practice includes charge or supervision of operation and maintenance of electrical equipment in power plants, industrial plants, watercraft, electric locomotive, and others; manufacture and repair of electrical supply and utilization equipment including switchboards, power transformers, generators, motors, apparatus, and others; teaching of electrical subjects; and sale and distribution of electrical equipment and systems requiring engineering circulations or application of engineering data; and (c) A registered master electrician's field of practice includes the installation, wiring, operation, maintenance and repair of electrical machinery, equipment and devices, in residential, commercial, institutional, commercial and industrial buildings, in power plants, substations, watercrafts, electric locomotives, and the like: provided, that if the installation or the machinery is rated in excess of five hundred kilovolt-amperes (500 Kva), or in excess of six hundred volts (600 V) the work shall be under the supervision of a professional electrical engineer or a registered electrical engineer. Sec. 32. Prohibition in the Practice of Electrical
Engineering. — No person shall: Sec. 33. Personnel Required. — Except as otherwise
provided in this Act, every electric plant, industrial plant or
factory, commercial establishment, institutional building, watercraft,
electric locomotive or in any other installation where persons and
properties are exposed to electrical hazards shall not have less than
the following complement of professional electrical engineer,
registered electrical engineer, and registered electrical engineer, and
registered master electricians: Sec. 34. Preparation of Plans, Supervision of Installation, Application of the Philippine Electrical Code. — It shall be unlawful for any person not authorized under this Act to prepare plans, electrical valuations or specifications for any electrical wiring, equipment or system; and no installation thereof shall be undertaken unless the plans, designs, valuations and specifications have been prepared by or under the responsible charge of, and signed and sealed by a professional electrical engineer; and a construction permit for the execution thereof is first secured; and unless the work is done in accordance with the Philippine Electrical Code and is executed under the responsible charge or supervision of a professional electrical engineer, a registered electrical engineer, or a registered master electrician, as the case may be, and the routinary fiscal and ministerial requirements of the government agency, if any, exercising jurisdiction over the particular installation have been complied with. Sec. 35. Practice Not Allowed for Firms and
Corporations. — The practice of electrical engineering is a
professional service admission to which is based on individual and
personal qualifications. Hence, no firm or corporations may be
registered or licensed as such for the practice of electrical
engineering. Sec. 36. Posting of Certificates. — The owner, manager or the person in charge of an electric plant, industrial plant or factory, commercial establishment, institutional building, watercraft, or electric locomotive shall post or cause to be posted in a conspicuous place within such plant or establishment the certificate of registration of the engineers or electricians employed in such plant or establishment, in a frame protected by transparent glass or equivalent. Sec. 37. Certificate of Specialty. — Certificates of specialty shall be issued by the Board, subject to the approval of the Commission, to professional electrical engineers who have been screened and recommended by the integrated and accredited electrical engineering association. These are for specific fields in which the applicants have specialized knowledge, training and experience and have demonstrated their competence and expertise. The Board shall, subject to the approval of the Commission, and after consultation with the said association, prescribe and issue the necessary guidelines for the issuance of these certificates. Sec. 38. Foreign Reciprocity. — No foreign engineer shall be admitted to take a board examination, be given a certificate of registration, or be entitled to any of the rights and privileges under this Act unless the country of which he is a subject or citizen specifically permits Filipino engineers to practice within its territorial limits on the same basis as the subjects or citizens of such country. Sec. 39. Enforcement of the Act by Officers of the Law. — It shall be the duty of all constituted officers of the law of the national government, or any provincial, city or municipal government or of any political subdivision thereof to prosecute any person violating the provisions of this Act. The Secretary of Justice or his assistant shall act as legal adviser of the Board and render such legal assistance as may be necessary in carrying out the provisions of this Act. Sec. 40. Penalty Clause. — Any person who shall
violate any of the provisions of this Act shall be guilty of
misdemeanor and shall, upon conviction, be sentenced to a fine of not
less than Ten thousand pesos (P10,000.00) nor more than Fifty thousand
pesos (P50,000.00) or imprisonment for a period not less than six (6)
months nor more than five (5) years or both at the discretion of the
court. ARTICLE V Sec. 41. Terms of Office of Board Members. — Upon approval of this Act, the incumbent chairman and two (2) members of the Board shall continue to serve until their terms of office expire or until their replacements have been appointed by the President and shall have been duly qualified. Sec. 42. New Certificates of Registration and
Professional Licenses. — (a) Associate electrical engineers and
assistant electrical engineers with valid certificates of registration
and professional license issued under Republic Act No. 184 shall
register within two (2) years from the effectivity of this Act and be
issued new certificates of registration and new professional license as
registered electrical engineers under this Act to replace their
original ones. Their serial numbers shall be provided by the
registration division of the Commission. ARTICLE VI Sec. 43. Repealing Clause. — Republic Act No. 184 and existing provisions of provincial, city or municipal ordinances or regulations pertaining to examinations for electrical contractors, electrical inspectors, or electricians, and all other laws, part of laws, orders, ordinances or regulations in conflict with this Act are hereby repealed or amended accordingly. Sec. 44. Separability Clause. — If any part of this Act or the application of such provision or circumstance is declared unconstitutional, the remainder of this Act or the application of such provision to other persons or circumstances shall not be affected by such declaration. Sec. 45. Effectivity Clause. — This Act shall take
effect after thirty (30) days following its full publication in the
Official Gazette or newspaper of general circulation. Approved: February 24, 1995 |
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