Introduction to ECE Laws, Contracts and Ethics

GOALS OF PRODUCTIVITY LIABILITY LAW

SITUATION

• Engineers mostly work in the business worlds, and they are therefore required to perform their duties within the laws of the nation.
• Engineering is a profession that is critical to tha advancement of society.

• Product liability evolved to serve four basic societal goals:
• loss spreading
• Punishment
• Deterrence
• symbolic affirmation of social values
• Documentation of these design and methods and of testing and quality activities is vital.

• Finally, it may be a wise business decision to obtain insurance protection for product liability suits and product recall expenses.

Product Liability

A consulting engineer is hired by the county to investigate a bridge collapse. In the course of his investigation he examines a bridge of similar design and finds that it is only marginally safe. He contacts the county engineer to tell him about this discovery. The county official tells him that they know about this condition and that they hope to repair it in the next budget year. However, they must keep the second bridge open because to close it would increase the response time of emergency vehicles by about 30 minutes. What should the consulting engineer do?

LAWS

It is the legal action by which an injured party seeks to recover damages for personal injury or property loss from the producer or seller of a product.

Under the theory of law, the plaintiff must prove that: (1) The product was defective and unreasonably dangerous,

(2) the defect existed at the time the product left the defendant's control, (3) the defect caused the harm, and (4) the harm is appropriately assignable to the identified defect

Law

• It is formalized code of conduct describing what society feels is the proper way to behave.

Common Law

• It is derived from agreed-upon tradition and custom and were given the authority of law by decision in teh courts.

Statutory Law

• It is created by a federal or state legislative body.

Case Law

• It arises from the decision of the courts.

PLEDGE OF ECE,

RA 5734,RA 9292

& CSC GUIDELINES

Fundamentals of the Laws, Obligations and Contracts

LIABILITY

Liability

• It means being bound or obligated to pay damages or restitution

Tort

• It is a civil committed against a person or the business, property or reputation that causes damage.

Examples: Fraud, Misrepresentation, negligence and product liability

NEGLIGENCE

• It is the failure to do something that a reasonable person, guided by the considerations that ordinarily regulate human affairs, would do.

• Another common area of negligence is failure to warn the user of the product concerning possible danger involved in the product use. This should take the form of warning labels firmly affixed to the product and more detailed warnings of restrictions of use and maintenance procedures in the brochure that comes with the product.

Code of Ethics of Engineers

REPUBLIC ACT NO. 5734 THE ELECTRONICS AND COMMUNICATIONS ENGINEERING ACT OF THE PHILIPPINES.

ETHICS

What is ECE Ethics?

CONTRACTS

Ethics

• It is the study of human conduct that lays out the moral ground rules based on society's value

Ethical Conduct

• It is the behavior that is desired by society and is separate from the minimum standards of the law.

Approved, June 21, 1969.

SECTION 1. Title of Act

This Act shall be known and cited as the “Electronics and Communications Engineering Law of the Philippines.”

SECTION 2. Practice of Electronics and Communications Engineering

a. No person shall offer himself in the Philippines as, or use the title “Electronics and/or Communications Engineer” or any word, letter, figure, or sign whatsoever, tending to convey the impression that he is an electronics and/or communications engineer, or advertise or indicate in any manner that he is qualified to perform the work of an electronics and communications engineer without holding a valid certificate of registration as electronics and communications engineer issued by the Board in accordance with this Act, except as provided under Section eleven hereof.

b. It shall be unlawful for any firm, company, or corporation, to offer itself to the public as electronics and communications engineer without the certification, supervision and/or guidance of a duly registered electronics and communications engineer.

ECE ethics are rules of behavior based on ideas about what is morally good and bad which serves as a guiding principle or philosophy for Electronics Engineers.

PLEDGE OF ELECTRONICS ENGINEER

I am an Electronics Engineer. In my profession, I take deep pride, but without vain glory to it, I owe solemn obligations that I am eager to faithfully fulfill.

As an Electronics Engineer, I will participate in none but honest and legal enterprises. To him who has engaged my services, as employer or client, I will give the utmost of performance and fidelity. I dedicate myself in analysis, synthesis, and dissemination of engineering knowledge and practice.

Zealous of the high repute of my calling, I will strive to protect the interest and the good name of any engineer that I know to be deserving, but I will not shirk, should duty dictate from disclosing the truth regarding anyone who by unscrupulous act, has shown himself unworthy of the profession.

To my colleagues, I pledge, in the same full measure, I ask of them, integrity and fair dealing, and devotion to the standards, and dignity to the engineering profession that carries with it the obligation to serve humanity with greatest dedication.

SO HELP ME GOD.

Contract

• It is an agreement between two parties to do or not to do something.

• CONTRACT= OFFER+ ACCEPTANCE+ CONSIDERATION

Breach of Contract

• It occurs when one party fails to perform its part on the contract

Code of Ethics

• Values that are pertinent to professional ethics include:
• Honesty and truth
• Honor —showing respect, integrity, and reputation for achievement
• Knowledge —gained through education and experience
• Efficiency —producing effectively with minimum of unnecessary effort
• Diligence — persistent effort
• Loyalty —allegiance to employer’s goals
• Confidentiality —dependable in safeguarding information
• Protecting public safety and health

SECTION 6. Schedule of Examination – Examinations for candidates desiring to practice electronics and communications engineering in the Philippines shall be given by the Board twice a year in the City of Manila or in such other places as may be deemed necessary and expedient by the Board.

SECTION 7. Scope of Examination – The examination for the practice of electronics and communications engineering in the Philippines shall consist of written tests which shall cover such subjects as the Board may prescribe.

SECTION 8. Ratings in the Examination – To pass the examination, a candidate must obtain

an average of seventy per cent, with no rating below fifty per cent in any subject: Provided,

That, an applicant who fails to obtain a passing average but who obtained at least seventy per cent in each of at least one-half of the total subjects given in the examination, may be permitted to take within two years from the date of his examination, another examination on the subjects in which be obtained a grade below seventy per cent. Should the examinee fail in the set of subjects repeated in the second examination, he shall be required to take all the subjects in the next examination.

SECTION 5. Pre-qualification for Examination – In order to be admitted to the electronics and communications engineering examination, an applicant must, at the time of the filing of his application there for, establish to the satisfaction of the Board that:

a. He is at least twenty-one years of age;

b. He is a citizen of the Philippines or of a foreign country qualified to take the examination under Section twenty-three of this Act;

c. He is of good moral character;

d. He is a holder of the degree of Bachelor of Science in Electronics and Communications Engineering, or such equivalent engineering course from any school, institute, college, or university recognized by the Government or the State where it is established, after completing a resident collegiate course of not less than four years: Provided, That within three years after the approval of this Act, holders of a certificate of Associate in Electronics and Communications Engineering or any allied engineering course or holder of a valid first class radiotelegraphy or radiotelephony commercial operator license with at least five years active practice in electronics, communications, or allied fields shall be qualified to take the electronics and communications engineering examination.

What is ECE?

The Legal and Ethical

Domains

SECTION 3. Registration – Certification of Registration – A certificate of registration for electronics and communications engineer shall be issued to any applicant who passes the examination hereinafter provided upon payment of the required fees: Provided, That, the first

Board may issue within a period not exceeding two years from the composition of the said

Board, a certificate of registration as electronics and communications engineer, without the necessity of undergoing the examination herein prescribed to its members and to any applicant who, with his application for registration as electronics and communications engineer, shall present evidence or other proof satisfactory to the Board showing.

a. that he has a specific record of at least ten years of active practice in electronics and/or communications engineering,

b. that he is of a responsible character indicating that he may be entrusted to perform or render professional electronics and/or communications engineering service as defined in this Act, and

c. who is a bona fide member of any officially registered association of electronics and communications engineers in the Philippines.

What is ECE Laws?

SECTION 9. Report of Results of Examination – Within ninety days after the examination, the Board shall report the result thereof to the Commissioner of Civil Service, who shall act thereon within thirty days from receipt thereof.

SECTION 10. Fees for Examination and Registration – Every applicant for examination for electronics and communications engineering shall pay an examination fee of forty-five pesos and a registration fee of ten pesos. Every applicant for registration without examination shall pay a fee of fifty-five pesos. The fee for a duplicate certificate shall be ten pesos.

All fees shall be paid to the disbursing officer designated by the Board and such officer shall pay from the receipt thereof all the authorized expenses of the Board, including the compensation of each member.

SECTION 11. Roster of Electronics and Communications Engineers – A roster showing the names, the addresses and places of business of all registered electronics and communications engineers shall be prepared by the Secretary of the Board during the month of July every year, commencing one year after the date the first Board has been constituted. Copies of this roster shall be mailed to each person so registered, and the Secretary of Labor with copies furnished to all department heads, to the mayors of all chartered cities, to the Radio Control Office, to the

Public Service Commissioner, to the Collector of Customs, to the Commissioner of Immigration and to such other bureaus or government agencies and provincial, city, and municipal authorities as may be deemed necessary and to the public upon request.

Electronics & Communication Engineering deals with the electronic devices, circuits, communication equipments like transmitter, receiver, integrated circuits (IC). It also deals with basic electronics, analog and digital transmission & reception of data, voice and video (Example AM, FM, DTH), microprocessors, satellite communication, microwave engineering, antennae and wave progression. It aims to deepen the knowledge and skills of the students on the basic concepts and theories that will equip them in their professional work involving analysis, systems implementation, operation, production, and maintenance of the various applications in the field of Electronics and Communications Engineering.

ECE laws are rules of conduct or actions prescribed or formally recognized as binding or enforced by a controlling authority in the Electronics engineering profession.

QUALIFICATIONS FOR THE CAREER SERVICE EXAMINATION (CSE)

• Career Service Professional and Sub-professional examinations are open to applicants regardless of educational attainment.

• Applicants for both levels must:

-Be Filipino citizens, at least 18 years old, and of good moral character;

-Have no criminal record or have not been convicted by final judgment of an offense or crime involving moral turpitude;

-Have not been dishonorably discharged from military service or dismissed for cause from any civilian position in the government; and

-Have not taken the same level of career service examination within three (3) months from last examination taken.

While the boundary between legal and illegal acts is generally well defined by the law, the distinction between what is ethical and what is unethical is much less well defined. Professional engineering societies provide guidance by means of codes of ethics.

Protecting Intellectual Property

There are two conflicting motivations from this: (1) creations of the mind are becoming more valuable in the Information Age, and (2) modern information technology makes it easy to transfer and copy such information.

The design patent covers the ornamental aspects of a product such as its shape; configuration, or surface decoration.

MODES OF TAKING THE CSE

The Career Service Examination (Professional and Sub-Professional levels) may be taken through either of the following modes:

1. Paper and Pencil Test (PPT) - The CSE-PPT is conducted nationwide twice or thrice a year subject to the approval of the Commission. Filing of applications for the CSE-PPT is through the CSC Regional or Field Offices. Applicants are advised to refer to the Examination Announcement, which the CSC officially issues for each schedule of the CSE-PPT.

2. Computer Assisted Test (CAT) - The CSE-CAT is conducted at the Civil Service Commission Central Office (CSCCO), IBP Road, Batasan Hills, Quezon City, and in selected CSC Regional Offices (CSCRO) such as CSC-CAR, Baguio City. For the schedule of conduct of CSE-CAT, applicants are advised to coordinate/get in touch with the CSCCO, or the concerned CSCRO. Please visit the CSC website www.csc.gov.ph for the directory of CSC Central and Regional Offices.

APPLICATION REQUIREMENTS

1. Fully accomplished Application Form (CS Form No. 100 (Revised November 2012)). The spaces for “Signature of Applicant” and “Right Thumbmark” on the form should be left blank. These shall be accomplished in the presence of the CSC processor.

2. Four (4) copies of identical I.D. pictures with specifications, as follows:

a. Philippine Passport size (4.5 cm x 3.5 cm or 1.8 inches x 1.4 inches)

b. Colored, with white background

c. Taken within three (3) months prior to filing of application

d. Printed on good quality photo paper

e. In standard close-up shot (from shoulder level up with the head and face occupying at least 80% of the picture and with the name tag positioned at approximately 1 inch or 2.54 cm below the chin)

f. In bare face (with no eyeglasses or any accessories that may cover the facial features)

g. Showing left and right ears

h. Taken in full-face view directly facing the camera

i. With neutral facial expression, and both eyes open

j. With full and handwritten (not computer-generated) name tag in the format: First Name, Middle Initial, Last Name, and Extension Name (if any), and signature over printed name

3. Original and photocopy of any valid ID containing applicant’s clear picture, date of birth, signature, and signature of the authorized head of the issuing agency such as Driver’s License, SSS ID, GSIS ID, Philhealth ID, current Company/Office ID, current School ID, Postal ID, BIR ID, Barangay ID, Voter’s ID, Valid Passport, or Police Clearance (Note: Any other ID not included in the list shall NOT be accepted)

4. Copy of Appointment letter received by the applicant through email (for Computer Assisted Test)

5. Examination fee of Php 500.00 for the Paper and Pencil Test (PPT), or Php 600.00 for Computer-Assisted Test (CAT).”

Introduction to ECE Laws, Contracts and Ethics

Fundamentals of the Laws, Obligations and Contracts

Pledge of ECE, RA 5734, RA 9292 & CSC Guidelines