FUNDAMENTALS

OF
LAW
 WHAT IS LAW?

A binding principles and regulations established in a community by some

authority and governs and guides action, relationship, that are applicable to its
people, organizations, and the government, whether in the form of legislation or of
custom and policies recognizes and enforced by judicial decision.
 WHAT IS ETHIC?

 Moral principle that govern a person’s behavior or the conducting of an

activity that determines what is right or wrong, bad and good, just and
unjust.
 It is a moral principle or set of values that define and direct us to the right
choice.
 LAW VERSUS ETHICS

 The law refers to a systematic body of rules that governs the whole society
and the actions of its individual members.
 Ethics is a branch of moral philosophy that guides people about the basic
human conduct. Violation of law is not permissible which may result in
punishment like imprisonment or fine or both.
 PURPOSE AND FUNCTION OF LAW

 The law serves many purposes and functions in society.

 Four principal purposes and functions are:
1. establishing standards
2. maintaining order
3. resolving disputes, and
4. protecting liberties and rights.
 1. ESTABLISHING STANDARDS

 The law is a guidepost for minimally acceptable behavior in society.

 Some activities for instance are crimes because society (through a
legislative body) has determined that it will not tolerate certain behaviors
that injure or damage persons or their property.
 For example, under a typical state law, it is a crime to cause physical
injury to another person without justification-doing so generally
constitutes the crime of assault.
 2. MAINTAINING ORDER

 This is an offshoot of establishing standards. Some semblance of order is

necessary in a civil society and is therefore reflected in the law.
 The law when enforced provides order consistent with society’s guidelines.
 3. RESOLVING DISPUTES

 Disputes are unavoidable in a society made of persons with different needs,

wants, values, and views. The law provides a formal means for resolving
disputes-the court system.
 4. PROTECTING LIBERTIES AND RIGHTS

 A purpose and function of the law is to protect these various liberties and
rights from violations or unreasonable intrusions by persons, organizations,
or government.
 For example, subject to certain exceptions, the First Amendment to
Constitution prohibits the government from making a law that prohibits the
freedom of speech. Someone who believes that his free speech rights have
been prohibited by the government may pursue a remedy by bringing a case
in the court.
 WHAT ARE CLASSIFICATION OF LAW?

1. Substantive Law or Procedural Law

2. Civil Law or Criminal Law
3. Common or statute
 1. SUBSTANTIVE LAW

 A substantive law is a law that creates and controls the rights and duties of
parties.
 General examples include the laws regarding torts, contracts and real
property.
 A specific example of a substantive law is a law prohibiting trespassing on
another’s property. Why? Because such a law creates and defines
trespassing and puts would-be trespassers on notice regarding the liability
(if it is civil trespassing) or punishment (if it is criminal trespassing) that
they face for violating the law.
 2. PROCEDURAL LAW

 A procedural law, on the other hand, is a law that creates and controls the
process of enforcing the rights and duties under substantive law.
 General examples include the rules of evidence, jurisdiction, and pleading
and practice (which are referred to as either civil procedure or criminal
procedure, depending on the type of proceeding).
 PROCEDURAL LAW

 A specific example of a procedural law is a statue of limitations. A statue

of limitations is a statute that creates a time limit for bringing a civil case
(ex. Filing a lawsuit) or a criminal case (initiating a prosecution);
 Typically, the time limit is measured from the date of the event giving rise
to the lawsuit or prosecution. This means that in personal injury cases, for
instance, a lawsuit must be brought within a certain period of time after
the injury occurred; otherwise, it will be time-barred.
 3. CIVIL LAW

 civil law is the law of private rights and duties.

 As with substantive law, general examples include the laws regarding torts
contracts, and real property.
 A specific example of a civil law is a law providing that all contracts for the
sale of real property must be in writing. Why is it a civil law? Because it
deals with duties between private parties; and any violation of it is a wrong
between the parties, not a wrong against the whole community.
 4. CRIMINAL LAW

 Criminal law, on the other hand, is the law of public rights and duties; put
another way, it is the law that creates and controls wrongs committed
against the whole community.
 Criminal law violations are called crimes.
 Specific example include laws against assault, burglary, and robbery.
 CONCERNS

 Civil law is concerned with private rights and remedies, that is, the duties
that exist among and between persons, organizations, and governments
(other than, of course, the duty not to commit crimes).
 Conversely, criminal law is concerned with public rights and remedies,
that is, with wrongs committed against the public or whole community.
 GOALS

 In civil law, the primary goal is to make an injured party whole, or

compensate him for the damage done to him. This is accomplished by
awarding either a legal remedy or equitable remedy.
 The main legal remedy is compensatory damages, which is money.
 5.COMMON LAW

 Is a rule of behavior accepted by society on the basis of established custom

and practices as evidenced by decisions in the court.
 It is based on traditions: past decision of judges. It first came into existence
before written records.
 6. STATUTE

 Is a legislation contained in precise written statements or requirements

emanating from parliament.
 SOURCES OF LAW

 These are numerous sources of law, including:

1. Constitutions,
2. Legislatures,
3. Executives,
4. Judiciaries,
5. Administrative agencies, and
6. International organizations,
 CONSTITUTION

 The Constitution is a source of law in and of itself; after all, it’s the
Constitution, “the supreme law of the land.”
 It is the source of law between the legislative, executive, and judicial
branches of the government, which are other sources of law.
 LEGISLATURES

 Legislative Branch; Headed by Congress, which includes the House of

Representatives and the Senate.
 The main task of these two bodies is to make the laws.
 Its power include passing laws, originating spending bills (house),
impeaching officials (senate), and approving treaties (senate).
 EXECUTIVES

 Executive Branch of Government. Article VII, Section 1, of the 1987

Constitution vests executive power on the president of the Philippines.
 The executive branch of the Philippines government is responsible for
enforcing laws;
 The President acts as both the head of state and commander-in-chief of the
armed forces.
 JUDICIARIES

 The judicial power is vested in the Supreme court of the Philippines and
lower courts established by law.
 The Supreme Court, which ahs a Chief Justice as its head and 14
Associate Justices, occupies the highest tier of the judiciary.
 The main job of the Supreme Court is to interpret the Constitution. Like
being a referee when two players cry foul, it is the Supreme Court’s job to
decide who is correct.
 ADMINISTRATIVE AGENCIES

 An administrative body/agency is any government authority, other than a

court and a legislature, that affects the state and its citizens through rule-
making, adjudication, and implementation.
 Its functions are primarily executive but it exercises some form of
legislative and judicial powers.
 ADMINISTRATIVE AGENCIES

 THE ADMINISTRATIVE CODE, AN AGENCY IS DEFINED TO INCLUDE:

1. any government unit authorized by law to make rules, issue licenses,
grant rights or privileges, and adjudicate cases.
2. research institutions with respect to licensing functions.
3. government corporations with respect to functions regulating private tight,
privileges, occupation or business.
4. officials in the exercise of disciplinary power as provided by law.
 INTERNATIONAL ORGANIZATIONS

 the role that international organizations can play depends on the interests
of their member States.
 states establish and develop international organizations to achieve
objectives that they cannot achieve on their own.
 by the same token, states will not permit international organizations to do
things that constitute, in the eye of these States, interference in their
internal affairs.
 SOURCES OF LAWS AFFECTING ECE PROFESSION

 Republic Act No. 9292 – this Act shall be known as the “Electronics
Engineering Law of 2004” passed by Twelfth Congress in their Third Regular
session on April 17, 2004.
 WHAT IS THE PURPOSE OF THIS LAW?

 Sec. 39, Art. VII of RA 9292, an Act providing for a more responsive and
comprehensive regulation for the regulations, licensing and practice of
professional electronics engineers and technicians, repealing RA 5734,
otherwise known as “THE ELECTRONICS AND COMMUNICATIONS
ENGINEERING ACT OF THE PHILIPPINES.”
WHAT ARE THE CATEGORIES OF PRACTICE THAT ARE UNDER THIS LAW?

 Section 4. Categories of Practice – the following shall be the engineering and

technician categories covered by this Act:
a) Professional Electronics Engineer (PECE)
b) Electronics engineer (ECE)
c) Electronics Technician (ECE)
PROFESSIONAL REGULATORY BOARD OF ELECTRONICS ENGINEERING’S
COMPOSITION

 COMPOSED OF:
1. chairman and
2. two (2) members
 appointed by the President of the Philippines from the three recommendees
per position chosen and ranked by the Commission, which recommendess
shall in turn by chosen from the five (5) nominees for each position
submitted by the accredited professional organization.
 POWERS AND FUNCTIONS OF THE BOARD

a) Administer/Implement the provisions of this Act;

b) Administer oaths in connection with the administration of this Act;
c) Adopt an official seal of the Board
d) Issue, suspend or revoke Certificates of Registration and according the
Professional Identification Cards of Professional Electronics Engineers,
Electronics Engineers or Electronics Technician, or otherwise suspend the
holder thereof from the practice of his/her profession for any justifiable
cause and after due process;
e) Maintain a roster of Professional Electronics Engineers, Electronics
Engineers and Electronics Technicians;
f) Issue, suspend and/or cancel special permits to foreign Professional
Electronics Engineers, Electronics Engineers or Electronics Technician in
accordance with the provisions of this Act;
g) Prescribe, amend or revise the requirements for licensing of Professional
Electronics Engineers, and prepare, adopt and issue the syllabi of the subjects for the
licensure examination for the Electronics Engineers and Electronics Technicians, and
prepare the questions therefore, in strict conformance with the scope of the syllabi;

h) Adopt a program for the full computerization of the licensure examination;

i) Grant registration without examination, subject to review and approval by the

Commission, in accordance with the provisions of this Act;

j) Study, examine and recommend, in coordination with the Commission on Higher

Education (CHED) and the Technician Education and Skills Development Authority
(TESDA), and in consultation with other concerned government entities and the
accredited professional organization, the essential requirements as to curricula and
facilities of schools, colleges, or universities, seeking permission to open courses or
programs in electronics engineering, electronics technician and related courses
programs and to see to it that these requirements, including employment of qualified
faculty members, are properly complied with
k) Inspect educational institutions and based on their findings thereon,
recommend to the CHED and/or the TESDA and/or other government entities
concerned with the granting of school permits or authorization, the opening,
improvement/upgrading or closure of colleges or schools and universities offering
electronics engineering and electronics technician courses or programs;

l) Adopt and administer a Code of Ethics and a Code of Technical Standards of

Practice for Professional Electronics Engineers, Electronics Engineers and
Electronics Technician in the Philippines;

m) Promulgate rules and regulations on the scope of practice of Professional

Electronics Engineers, Electronics Engineers and Electronics Technicians;

n) Promulgate a program for continuing professional education and/or

development of Professional Electronics Engineers, Electronics Engineers and
Electronics Technicians;
o) Prescribe the minimum manning and manpower requirements for
Professional Electronics Engineers, Electronics Engineers and Electronics
Technicians in industrial plants and commercial establishments for purposes of
ensuring compliance with the provisions of this Act and all other ordinances,
laws, rules and regulations that may be enacted hereinafter;

p) Formulate, prescribe and adopt such rules and regulations for electronics
installations in industrial plants, commercial establishments and other
buildings or structures covered by the National Building Code of the
Philippines, in coordination with the Department of Public Works and
Highways (DPWH), other concerned government agencies, representatives of
industry and the Accredited Professional Organization;
q) Study the conditions affecting the Professional Electronics Engineering,
Electronics Engineering and Electronics Technician Profession in the
Philippines, and whenever necessary, exercise the powers conferred by this and
other Acts, and adopt such measures as may be deemed proper for the
enhancement and advancement of the professions and/or the maintenance of
high professional, ethical and technical standards, and for this purpose, the
Board may personally or through subordinate employees of the Commission or
member/s of the Accredited Professional Organization, duly authorized by the
Board and approved by the Commission, conduct ocular inspection or visit
industrial plants and commercial establishment where Professional Electronics
Engineers, Electronics Engineer and Electronics Technician are employed for
the purpose of determining compliance with the provisions of law relative
thereto, in accordance with established policies promulgated by the
Commission;
r) Hear and decide violations of this Act, its implementing rules and regulations,
the Code of Ethics and the Code of Technical Standards of Practice for the
profession, and for this purpose, issues subpoena ad testificandum and/or
subpoena duces tecum to secure attendance of witnesses and the production of
documents in connection with the charges presented to and/or any investigation
pending before the Board;

s) Delegate the hearing or investigation of administrative cases filed before it to

authorized officers of the Commission, except in cases where the issue involved
strictly concerns the practice of the Professional Electronics Engineering,
Electronics Engineering and Electronics Technician Professions, in which case
the hearing shall be presided over by at least one (1) member of the Board
assisted by a Legal Hearing Officer of the Commission;
t) Promulgate resolutions, orders and/or decisions on such administrative
cases; Provides, that such resolutions, order and/or decisions shall be subject
to appeal within fifteen (15) days from receipt thereof with the Commission,
which may affirm or reverse the same, dismiss the case, deny the appeal or
remand the case to the Board for further, action or proceeding: Provided,
further, that if after fifteen (15) days from the receipt of such decision no
appeal is taken therefrom to the Commission, the same shall become final and
immediately enforceable;

u) Submit an annual action plan and corresponding report at the beginning

and close of each fiscal year on the activities, proceedings and
accomplishments of the Board for the year, incorporating therein any
recommendation to the Commission; and
v) Discharge such other powers and functions as the Board and the
Commission may deem necessary for the practice of the profession and the
upgrading, enhancement, development and growth of the Professional
Electronics Engineer, electronics Engineer and Electronics Technician
professions in the Philippines. Except those in administrative cases, all
resolutions embodying rules and regulations and other policies and measures
issued and/or promulgated by the Board shall be subject to the review and
approval by the Commission.
 THANK
YOU
FOR
LISTENING

1. Refers to a systematic body of rules that governs the whole society and
the actions of its individual members.

2. Is a branch of moral philosophy that guides people about the

basic human conduct.
 3. What are classification of law?

4. Is a law that creates and controls the rights and duties of parties.
5. is a law that creates and controls the process of enforcing the
rights and duties under substantive law.

6. Is the law of private rights and duties.

7. it is the law that creates and controls wrongs committed
against the whole community.

8. Is a rule of behavior accepted by society on the basis of

established custom and practices as evidenced by decisions in
the court.
.

9. This act shall be known as the “electronics engineering law of

2004” passed by twelfth congress in their third regular session
on april 17, 2004.

10. who is our commander in chief?