RA 7920 New Electrical Engineering Law

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

TITLE AND DEFINITION OF TERMS

SECTION 1. Title. —
This Act shall be known as the "New Electrical Engineering Law."

SECTION 2. Definition of Terms. —

As used in this Act, the following terms shall mean:


"Practice of electrical engineering" a person is deemed to be in the practice of electrical engineering when he renders or offers to render professional electrical engineering service in the form of:



Consultation, investigation, valuation and management of services requiring electrical engineering knowledge;



Design and preparation of plans, specifications and estimates for electric power systems, power plants, power distribution systems including power transformers, transmission lines and network protection, switchgear, building wiring electrical machines, equipment and others;



Supervision of erection, installation, testing and commissioning of power plants, substations, transmission lines, industrial plants and others;



Supervision of operation and maintenance of electrical equipment in power plants, industrial plants, watercrafts, electric locomotives and others;



Supervision of the manufacture and repair of electrical equipment including switchboards, transformers, generators, motors, apparatus and others;



Teaching of electrical engineering professional subjects; and



Taking charge of the sale and distribution of electrical equipment and systems requiring engineering calculations or applications of engineering data.




"Electric supply equipment" is any equipment which produces, modifies, regulates, or controls the supply of electric energy.



"Electric plant" is an establishment or a system for the production and modification of electric energy.



"Power plant design" refers to planning, specifying, coordinating layouting of electrical equipment in power plants, substations and the like.



"Substation" is any building, room or separate place which houses or encloses electric supply equipment connected to transmission or distribution lines and the interior of which is accessible, as a rule, only to properly qualified persons.



"Electrical system design" refers to the choice of electrical systems, including planning and detailing of requirements for protection, control, monitoring, coordination and interlocking of electrical systems among others.



"Voltage" is the highest effective potential difference between any two conductors of the circuit concerned expressed in volts.



"Kva" refers to the installed capacity of an alternating current (A.C.) electric plant or supply equipment, or the connected load of industrial plants, commercial establishments, institutional buildings expressed in kilovolt-amperes.



"Kw" refers to the installed capacity of a direct current (D.C) electric plant on board watercraft expressed in kilowatts.



"Utilization equipment" refers to energy-consuming equipment including motors, heaters, furnaces, light sources and other devices which utilize electric energy, for any purpose.



"Industrial plant or factory" refers to manufacturing assembly plants, including engineering shops, shipyards or other business endeavors where electrical machinery and equipment are installed.



"Commercial establishments" are department stores, supermarkets, shopping malls, office buildings, hotels, theaters, stadiums, condominiums, convention centers, restaurant and the like, used for business or profit.



"Institutional buildings" are school buildings, hospitals, museums, display centers, government buildings and the like.



"Watercraft" is any waterborne unit which is designed and built to have an electric plant.



"Electric locomotive" refers to the power plant mounted on wheels as used in the railroad transportation industry.


ARTICLE II

BOARD OF ELECTRICAL ENGINEERING


SECTION 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.


SECTION 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:


Supervise and regulate the practice of electrical engineering in the Philippines;



Determine and evaluate the qualifications of the applicants for registration with or without licensure examinations and for special permits;



Prepare the examination questions in accordance with Section 19 hereof or modifications thereof; prescribe the syllabi of the subjects and their relative weights for the licensure examinations; formulate or adopt test questions and deposit them in a test question bank; draw the test questions at random through process of computerization; conduct the examination; correct and rate the examination papers manually or through process of computerization; and submit the examination results to the Professional Regulations Commission (PRC) within the period provided for by the rules of the Commission;



Prescribe, amend or revise the requirements for professional electrical engineers and subjects in the licensure examination for registered electrical engineers and registered master electricians and their relative weights, subject to the approval of the Commission;



Register successful applicants for professional electrical engineers and applicants who have passed the licensure examinations for registered electrical engineers or registered master electricians and issue the corresponding certificates of registration and professional licenses;



Issue special permits to individual foreign electrical engineers and electricians for specific projects and for a specific duration of time;



Look into the conditions affecting the practice of the electrical engineering profession, adopt measures for the enhancement of the profession and the maintenance of high professional, technical, and ethical standards and conduct ocular inspection of places where registrants practice their profession, such as, but not limited to: electric plants, substations, industrial plants or factories, commercial establishments, institutional buildings, watercrafts, electric locomotives, engineering offices, repair shops and similar places to determine and enforce compliance with this Act. The Board shall authorize the duly integrated and accredited electrical engineering association and other registered electrical engineering associations to render assistance in this function;



Promulgate rules and regulations including a code of ethics, administrative policies, orders and issuances to carry out the provisions of this Act;



Investigate violations of the Act and the rules and regulations, code of ethics, administrative policies, orders and issuances promulgated by the Board. The rules on administrative investigation promulgated by the Commission shall govern in such investigation;



Issue subpoena or subpoena duces tecum, to secure the attendance of respondents or witnesses or the production of documents at and relative to the investigation conducted by the Board;



Delegate the investigation of the case to the chairman, a member of the Board or a Professional Regulations Commission attorney (PRC attorney). If the case concerns strictly the practice of the profession, the investigation shall be presided by the chairman or a member of the Board with the assistance of a PRC attorney;



Render decision, order or resolution on preliminary investigation or inquiry, on undocketed cases and on docketed administrative cases against examinees or registrants which shall become final and executory unless appealed with the Commission within fifteen (15) days from receipt of the copy thereof. The decision of the Commission may be appealed to the Court of Appeals in accordance with the procedure provided in the Rules of Court;



After due notice and hearing, cancel examination papers and/or bar any examinee from future examination; refuse or defer his registration; reprimand the registrant with stern warning; suspend him from the practice of his profession; revoke his certificate of registration; delist his name from the roll of professional electrical engineers, registered electrical engineers, and registered master electricians for continuous non-payment of annual registration fees and non-compliance with the Continuing Professional Education (CPE) requirements; reinstate or reenroll his name in the said roll, reissue or return his certificate of registration. A decision of suspension, revocation of the certificate of registration, or delisting from the roll by the Board as provided herein, may be appealed initially to the Commission within fifteen (15) days from receipt thereof. The decision of the Commission may be appealed to the Court of Appeals in accordance with the procedure provided in the Rules of Court.



Administer oaths in connection with the administration, implementation, or enforcement of this Act;



Submit an annual report on the proceedings and accomplishments during the year and on recommendations of the Board to the Commission after the close of each fiscal year;



Prosecute or institute criminal action against any violator of the Act and/or the rules and regulations of the Board;



Adopt an official seal;



coordinate with the Commission and the Department of Education, Culture and Sports (DECS) in prescribing, amending and/or revising the courses;



Prescribe guidelines and criteria on the CPE program for professional electrical engineers, registered electrical engineers and registered master electricians and renew their professional licenses after compliance with the CPE requirements;



Perform such other functions and duties as may be necessary to implement effectively this Act. The policies, resolutions, rules and regulations, orders or decisions issued or promulgated by the Board shall be subject to the review and approval by the commission; however, the Board's decisions, resolution or orders which are not interlocutory, rendered in an administrative case, shall be subject to review only if on appeal.


SECTION 5. Qualifications of Board Members. —

Each Board member must, at the time of his appointment:


Be a natural born Filipino citizen and a resident of the Philippines for at least five (5) consecutive years;



Be at least thirty-five (35) years of age, of proven integrity with high moral values in his personal as well as his professional conduct;



Be a person with no final conviction by the court of an offense involving moral turpitude;



Be 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;



Be a professional electrical engineer with a valid certificate of registration and a valid professional license duly qualified to practice electrical engineering in the Philippines;



Have practiced electrical engineering for a period of not less than ten (10) years prior to his appointment, with a sworn statement as such; and



Not be an official nor a member of the faculty of, nor have a pecuniary interest in, any university, college, school or institution conferring a bachelor's degree in electrical engineering for at least three (3) years prior to his appointment, and is not connected with a review center or with any group or association where review classes or lectures in preparation for the licensure examinations are offered or conducted at the time of his appointment.


SECTION 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.

Vacancies in the Board shall be filled by the President from the list of recommendees by the Commissioner who were chosen from the list of nominees submitted by the integrated and accredited association for the unexpired term only.


SECTION 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.


SECTION 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.


SECTION 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

EXAMINATION AND REGISTRATION


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. —

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:



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;



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;



That prior to commencing work, the foreign professional shall secure a special permit from the Commission;



That said foreign professional shall not engage in private practice on their own account;



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



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.




No registration with the Board shall be required of the following:



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;



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:



He is a citizen of the Philippines;



He is of good reputation with high moral values;



He has not been finally convicted by the court of an offense involving moral turpitude;



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



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:



He is a citizen of the Philippines;



He is at least twenty-one (21) years of age;



He is of good reputation with high moral values;



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:


He is a citizen of the Philippines;



He is at least eighteen (18) years of age;



He is of good reputation with high moral values;



He has not been finally convicted by the court of an offense involving moral turpitude; and



He has any of the following technical backgrounds:



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



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



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



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:


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:



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;



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;



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.




Registered electrical engineer:

The applicant shall pass a written examination on different subjects or group of subjects as follows:



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%).



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%).



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.


SECTION 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.


SECTION 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.


SECTION 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.


SECTION 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

A professional license signed by the commissioner and bearing the registration number and date of issuance thereof and bearing the registration number and date of issuance thereof and the month of expiry or renewability shall likewise be issued to every registrant who has paid the annual registration fees for three (3) consecutive years and has complied with the requirements of the Continuing Professional Education (CPE), unless exempted therefrom. This license will serve as evidence that the licensee can lawfully practice his profession until the expiration of its validity.


SECTION 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.


SECTION 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.

The professional electrical engineer, registered electrical engineer, and registered master electrician shall receive the benefits and privileges appurtenant to this listed membership in the duty integrated and accredited electrical engineering association only upon payment of the required membership fees and dues.


SECTION 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.

The registrant shall be allowed again to use his seal or stamp in the documents he prepares, signs or issues only after he is reinstated to the practice of his profession and reissued a new professional license.


SECTION 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.


SECTION 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.

After no less than a year from the finality of the Board's decision, the Board, out of equity and justice, may recommend to the Commission the issuance of the certificate of registration to the applicant.


SECTION 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.

It shall be sufficient ground for the revocation of a certificate issued to a person under this Act, and his suspension from the practice of his profession for unprofessional or dishonorable conduct, if:



Being a professional electrical engineer, he has signed and affixed his seal on any plan, design, technical reports, valuation, estimate, specification or other similar document or work not prepared by him or not executed under his immediate supervision;



He has represented himself as having taken charge of or supervised: any electrical construction or installation; operation, tending and maintenance of any electric plant; manufacture or repair of electrical equipment, teaching of electrical engineering subjects; sale or distribution of any electric supply or utilization equipment requiring engineering calculations or application of engineering principles and data, without actually having done so.

The decision of the board shall be final and executory unless it is appealed by the respondent to the Commission within fifteen (15) days from the receipt of such decision. The Board's or Commission's decision is appealable by the respondent to the Court of Appeals in accordance with the procedure provided under the Rules of Court.

Any person, firm, association or corporation may file charges in accordance with the provisions of this section against any licensee, or the Board may, on its own initiative (motu propio) investigate and/or take cognizance of acts and practices constituting cause for suspension or revocation of the certificate of registration by proper resolution or order, such charges shall be in writing and shall be sworn to by the person making them and shall be filed with the Board.

The rules and regulations of the Commission on administrative investigation shall govern the procedure and conduct of administrative investigation before the Board.

The respondent shall have the right to a speedy and public hearing and to confront and cross-examine witnesses against him.


SECTION 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.

A new certificate of registration to replace any certificate that has been lost, destroyed or mutilated may be issued, subject to the rules of the Board.


ARTICLE IV

SUNDRY PROVISIONS RELATIVE TO THE PRACTICE OF ELECTRICAL ENGINEERING


SECTION 31. Field of Practice. —

The field of practice for professional electrical engineers, registered electrical engineers, and registered master electricians shall be as follows:


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;



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



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.


SECTION 32. Prohibition in the Practice of Electrical Engineering. —

No person shall:


Practice or offer to practice electrical engineering in the Philippines without having previously obtained a certificate of registration and a professional license from the Board of Electrical Engineering except as provided for in Section 14 hereof;



Use, or attempt to use as his own, certificate of registration, professional license or the seal of another;



Give false or forged evidence of any kind to the Board or to any member thereof in obtaining a certificate of registration or professional license;



Falsely impersonate any registrant of like or different name;



Attempt to use a revoked or suspended certificate of registration or an expired professional license;



Use, in connection with his name or otherwise assume, use or advertise any title or description tending to convey the impression that he is a professional electrical engineer, registered electrical engineer, or registered master electrician without holding a valid certificate or a valid license; and



Sign a document involving electrical design, plan, technical specification, valuation and the like on behalf of a professional electrical engineer.


SECTION 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:


Electric plants with total installed generating capacity of any size and employing voltages of any standard rating — one (1) professional electrical engineer or one (1) registered electrical engineer. However, for capacities up to five hundred-kilovolt amperes (500 Kva) and employing voltages of up to six hundred volts (600 V) — one (1) registered master electrician;



Industrial plants or factories, commercial establishments, or institutional buildings having a connected Kva load of any size and employing voltages of any standard rating — one (1) professional electrical engineer or one (1) registered electrical engineer. However, for connected loads up to five hundred kilovolt-amperes (500 Kva) and employing voltages up to six hundred volts (600 V) — one (1) registered master electrician;



Watercrafts or electric locomotives with installed generating capacity up to the maximum size and voltage available for these units — one (1) professional electrical engineer or one (1) registered electrical engineer. However, for generating capacities up to five hundred kilovolt-amperes/kilowatt (500 Kva/Kw) and employing voltages up to six hundred volts (600 V) — one (1) registered master electrician.


Provided, however, That in all the aforementioned cases, additional qualified personnel shall be employed to ensure safe operation and safeguard public welfare, life and property: Provided, further, That when the operation requires more than one shift of personnel every twenty-four (24) hours, the minimum complement of qualified personnel shall be employed in each shift.

This section, however, shall not apply to any installation which has a connected load of fifty kilovolt-amperes (50 Kva) or less and employs voltages of not more than two hundred fifty volts (250 v) and for installations which are designed to be automatic and do not require resident personnel for their safe operation: Provided, however, That their maintenance and repair shall be under the charge of a duly registered personnel: Provided, further, That a yearly inspection will be conducted and certified to be in a safe operating condition by a professional electrical engineer, a registered electrical engineer, or a registered master electrician.


SECTION 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.


SECTION 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.

However, persons properly qualified and licensed as professional electrical engineers may, among themselves, form a partnership or association and collectively render electrical engineering service. Individual members of such partnerships or associations shall be responsible for their own respective acts.


SECTION 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.


SECTION 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.


SECTION 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.


SECTION 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.


SECTION 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

TRANSITORY PROVISIONS


SECTION 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.


SECTION 42. New Certificates of Registration and Professional Licenses. —



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.



Master electricians with valid certificates of registration and professional licenses 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 licenses as registered master electricians with the same serial numbers as their old ones to replace their original certificates and licenses.


ARTICLE VI

FINAL PROVISIONS


SECTION 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.


SECTION 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.


SECTION 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