REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
A. Francisco Gold Condominium II, EDSA corner Mapagmahal Street, Diliman, Quezon City
MEMORANDUM CIRCULAR
NO.
TO
:
SUBJECT :
ALL PROVINCIAL GOVERNORS, CITY MAYORS AND MUNICIPAL
MAYORS, DILG REGIONAL DIRECTORS, BUREAU DIRECTORS AND
OTHER CONCERNED
IMPLEMENTATION OF REPUBLIC ACT NO. 9292 OTHERWISE KNOWN
AS THE “ELECTRONICS ENGINEERING LAW OF 2004”
I. Prefatory Statement
It is a declared policy that the State recognizes the importance of
electronics engineers in nation and development. Thus, the State shall develop and
nurture competent, virtuous, productive and well-rounded Professional Electronics
Engineers (PECE), Electronics Engineers (ECE) and Electronics Technicians (ECT)
toward excellent professional practice and service.
Republic Act No. 9292 otherwise known as “ An Act Providing for 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” was enacted to promote
and strengthen the licensing and regulation of the professional practice of
electronics engineering in the country. This is being done basically regulate
professionals responsible in administration, management, supervision and regulatory
aspects of electronics services, such as but not limited to preparation of plans,
designs, investigations, technical reports, specifications, research and
development, procurement, construction and installation, technical support and
maintenance of electronic systems and networks in the fields of electronics and
communications, information and communications technology (ICT), software
development and industrial electronics (i.e. opto-electronics, avionics, navigational
and military applications, robotics,
biometrics … etc.) and other related
convergent fields.
At this level, Electronics Engineers play a very vital role in the
management and administration of e-government projects in line with the Medium
Term Philippine Development Plan (MTPDP), Government Information Strategic Plan
(GISP) and CICT Road Map where delivery of services under Information and
Communications Technology (ICT), maintenance electronics equipments, and
infrastructure and network connectivity. Nevertheless, the trends where electronic
application exist such as but not limited to Electronic Billboard/Ads, Wire and
Wireless Communications Structures, Antenna System, Electronic Conveyance
System, ICT Technologies, Security and Alarm Systems, and Green Technology for
Building Design are few for the existence of Electronics Engineering were
Government is projected to generate income on regulation, processing and grant
of Electronics Permit and Inspection System on Building Permits application on each
and every City and Municipality.
To ensure effective and efficient delivery of these services, it is therefore,
imperative that personnel hired or to be hired, presently assigned or projected to be
assigned to manage and administer the implementation of Electronics Engineering
Services are professional or licensed and registered PECE’s, ECE’s or ECT’s pursuant
to RA 9292.
II. Purpose
This Memorandum Circular is issued to provide guidance and ensure strict
compliance to certain provisions of RA 9292.
III. Definition of Terms
Under RA 9292, the following terms shall mean:
1.
Electronics – the science dealing with the development and
application of devices and systems involving the flow of electrons or other carriers
of electric charges, in a vacuum, gaseous media, in plasma, in semiconductors, in
solid-state and/or similar devices, including, but not limited to, applications involving
optical, electromagnetic and other energy forms when transduced or converted
into electronic signals.
2. Professional Electronics Engineers – a person who is qualified to hold
himself/herself out as duly registered/licensed Professional Electronics Engineer
under this Act and to affix to his/her name the letters “PECE”.
3. 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”.
4.
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”.
5. 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.
6. Computer – any of a variety of electronics 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.
7.
Information and Communication 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 theoretical and practical applications and process utilizing
such data information.
8.
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.
9. 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.
10. 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.
11. 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.
12. Commercial Establishments – shall include but not 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, assembles, manufactures or
operated.
13. Consulting Services - 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.
IV. Nature and Scope of Practice of Electronics Engineering and Electronics
Technician Profession.
1. Electronics Engineer (ECE) shall embrace and consist of any work or
act 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, test/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, electromagnetics, 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 the ability to use electronics engineering fundamentals and
related advanced knowledge in electronics engineering, including lecturing ad
teaching of technical and professional subjects given in the electronics engineering
and electronics technician curriculum and licensure examinations.
2. Professional Electronics Engineer (PECE) shall embrace and consist of
all the nature and practice of Electronics Engineer plus the sole authority to provide
consulting services 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.
3. Electronics Technician (ECT) shall embrace and consist of any nonengineering work or activity relating to the installation, construction, operation,
control, test and measurements, diagnosis, repair and maintenance, manufacture
and production, sales and marketing of any electronics component/s, device/s,
products, apparatus, instruments, equipments, 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.
V. Guidelines in Implementing Certain Provision of RA 9292
1. The Local Government Units and the Interior Sector shall ensure that
Professional Electronics Engineers and/or Electronics Engineers are supervising,
managing and administering electronics services and regulation of electronics
works and activities defined under the nature and scope of practice of electronics
engineers in their respective areas of jurisdiction.
2. The Local Government Units and the Interior Sector shall ensure
placement of its personnel under this Act to positions and/or assignments requiring
the services of Professional Electronics Engineers (PECE), Electronics Engineers (ECE)
and Electronics Technicians (ECT) only by registered and licensed PCE, ECE and
ECT. Sec 34 of this Act states “xxx Positions in Government Requiring the Services of
Registered and Licensed Professional Electronics Engineers, Electronics Engineers
and 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 xxx”.
3. The Local Government Units and the Interior Sector are directed to
cause the assignment of their personnel who are licensed and registered
Professional Electronics Engineers (PECE), Electronics Engineers (ECE) and
Electronics Technicians (ECT) to office, sections, divisions, departments or alike for
effective implementation of its respective e-government projects.
4. The Provincial, City and Municipal Sangunians are encourage to enact
an ordinance prescribing certain fees on professional tax incorporating a provision
of said law in securing clearance as one of the requirements in the issuance of
business and building permits for private companies/establishments.
5. The Provincial, City and Municipal Building Officials shall strictly comply
for the processing and application of Electronics Permit for Building and Structures
requiring the imposition of payments pursuant to Para 7, New Schedule of Fees and
Other Charges of the Revised Implementing Rules and Regulations of the National
Building Code of the Philippines.
6. The Local Government Units shall engage the assignment of a licensed
registered PECE/ECE as part of the staff of the Office of City and Municipal Building
Official to evaluate Electronics Engineering Plans, design and other related
documents as to compliance with the Philippine Electronic Code.
7. Accordingly penal provision of the Act for violation to any of the
foregoing shall be ground for administrative and/or criminal action. Section 35 of
this Act states “ xxx The following shall be punished by fine of not less than One
Hundred Thousand Pesos (P 100,000.00) nor more than One Million Pesos (P
1,000,000.00), or by imprisonment for not less than six(6) months nor more than six (6)
years, or both, in discretion of the court….xxx”
VI. For strict compliance.
JESSE M. ROBREDO
Secretary