List of Laws, Rules and Regulations

affecting the ECE Profession

1. The PHILIPPINE CONSTITUTION
2. ECE LAW
 ECE Act of the Philippines (R.A. 9292)
3. ICT
 ELECTRONIC COMMERCE ACT (R.A. 8792) 
4. TELECOM LAWS
 Public Telecom Act of 1995 (R.A. 7925) – Liberalization of Telecom
Service
 Act 3846 as amended by Commonwealth Act 571 and RA 584
 EO 546 – Creation of the Telecom and Broadcast Regulatory Agency:
the NTC
 Department Order No. 88 dated December 28,1972
 Commonwealth Act No. 146 (The Public Service Law) 11-07-1936
 EO 59 (Policy on interconnection of public telecom carriers)
 EO 109 (Provision of Local Exchange Service)
 List of Laws, Rules and Regulations
affecting the ECE Profession
5. BROADCAST LAWS
 Act 3846
 PD 576A (111Policy ;1TV, 1AM, 1FM )
 Commonwealth Act
 EO346 (restriction on area of operation)
 EO 269 (Policy Guidelines for CATV operation)
6. NTC MEMORANDUM CIRCULARS and IRR
 Implementing Rules and Regulations (RA 7925)
 Memorandum Circulars
 NTC Memorandum Circular No. 7-07-86 (Interconnection
Rules)
7. DEPARTMENT ORDERS
 D.O. 11 (Act 3846 IRR)
8. IECEP
 Amended By-Laws of IECEP
 ECE Code of Ethics
9. PRC
 PRC Modernization Act of 2000 (R.A. 891)
 PRC Resolution No. 3 Series of 1975
THE GENERAL NATURE OF LAW
 LAW- means any rule of action or any system
of uniformity

GENERAL DIVISIONS OF LAW

1)Law which is promulgated and enforced by

the state
2)Law which is not promulgated and enforced
by the state
SUBJECTS OF LAW

RULE OF ACTION
 STATE LAW -
 DIVINE LAW
 NATURAL LAW
 MORAL LAW
 PHYSICAL LAW
 Divine Law – law of religion and faith w/c
concerns itself with the concept of sin and
salvation

1. Source – God, by direct revelation to men

2. Sanction – rewards and punishments in

present life or in life to come
 Romans 2 (God’s righteousness)

 11 For there is no respect of persons with God.

 12 For as many as have sinned without law shall also

perish without law: and as many as have sinned in the law
shall be judged by the law;

 13 For not the hearers of the law are just before God, but
the doers of the law shall be justified. …
 MORAL LAW – totality of the norms of
good and right conduct growing out of the
collective sense of right and wrong of every
community

 PHYSICAL LAW – laws in the operation or

course of nature, (Laws of physical science
or physical law). It operates on all things,
including men, without regard to the
latter’s use of their will power and
intelligence.
 A PHYSICAL LAW OR SCIENTIFIC LAW is a
scientific generalization based on empirical
observations of physical behaviour (i.e. the
law of nature). Laws of nature are
observable.
 Scientific laws are empirical, describing
observable patterns. Empirical laws are
typically conclusions based on repeated
scientific experiments and simple
observations, over many years, and which
have become accepted universally within the
scientific community.
NATURAL LAW – the divine inspiration in
man of the sense of justice, fairness, and
righteousness, not by divine revelation or
formal promulgation, but by the internal
dictates of reason alone.
STATE LAW – law that is promulgated and
enforced by the state
- also known as the positive law, municipal
law, civil law, or imperative law.

- Examples: Republic Act, Memorandum

Circulars, Administrative Order, Local Govt.
Ordinances… etc.
CONCEPTS OF STATE LAW
1. General Sense – mass obligatory rules
established for the purpose of governing the
relations of persons in society.
- law of the land, rule of law and not of men,
equality
before the law, enforcement of law
2. A rule of conduct, just, obligatory,
promulgated by legitimate authority
and of common observance and
benefit.
CHARACTERISTICS OF LAW
1. It is a rule of conduct
2. It is obligatory
3. It is promulgated by legitimate authority
4. It is common observance and benefit
SOURCES OF LAW
1. Constitution
2. Legislation
3. Administrative or Executive Orders, Regulations and
Rulings
4. Judicial decisions or jurisprudence
5. Custom
6. Other Sources
ORGANIZATION OF COURTS
1. Regular Courts- Court of Appeals, Regional
Trial Court, Metropolitan Trial Courts, Municipal
Trial Court, Municipal Circuit Trial Courts
2. Special Courts – Court of Tax Appeals,
Sandiganbayan (Decides graft cases)
3. Quasi-judicial Agencies – administrative
bodies under the executive branch performing
quasi-judicial functions, like NLRC, HLURB,
SEC, LTFRB, IC, CSC, COMELEC, NTC, etc.
Quasi-judicial – involves settlement or
adjudication of controversies or disputes
CLASSIFICATIONS OF LAW
1. Substantive Law - Substantive law refers to the
body of rules that determine the rights and
obligations of individuals and collective bodies.
Substantive law refers to all categories of public
and private law, including the law of contracts,
real property, torts, and Criminal Law
2. Procedural law is the body of legal rules that
govern the process for determining the rights of
parties. Also called adjective Law or remedial law.
3. As to the subject matter – Public law,
international law, administrative law,
private law
 Public law is that area of constitutional,
administrative, criminal, and International Law that
focuses on the organization of the government,
the relations between the state and its citizens,
the responsibilities of government officials, and
the relations between sister states.
 It is concerned with political matters, including the
powers, rights, capacities, and duties of various levels
of government and government officials.
 Public law refers to an act that applies to the
public at large, as opposed to a private law that
concerns private individual rights, duties, and
liabilities.
THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
PREAMBLE
 ARTICLE I National Territory
ARTICLE II Declaration of Principles and State Policies
ARTICLE III Bill of Rights
ARTICLE IV Citizenship
ARTICLE V Suffrage
ARTICLE VI The Legislative Department
ARTICLE VII Executive Department
ARTICLE VII Judicial Department
ARTICLE IX Constitutional Commissions
ARTICLE X Local Government
ARTICLE XI Accountability of Public Officers
ARTICLE XII National Economy and Patrimony
ARTICLE XIII Social Justice and Human Rights
ARTICLE XIV Education, Science, Technology, Arts, Culture
and Sports
ARTICLE XV The Family
ARTICLE XVI General Provisions
ARTICLE XVII Amendments or Revision
ARTICLE XVIII Transitory Provisions
 National Economy and Patrimony

 Section 11. No franchise, certificate, or

any other form of authorization for the
operation of a public utility shall be
granted except to citizens of the
Philippines or to corporations or
associations organized under the laws of
the Philippines at least sixty per centum
of whose capital is owned by such
citizens, nor shall such franchise, certificate,
or authorization be exclusive in character or
for a longer period than fifty years.
 National Economy and Patrimony

 Section 11. ……….The State shall encourage

equity participation in public utilities by the
general public. The participation of foreign
investors in the governing body of any public
utility enterprise shall be limited to their
proportionate share in its capital, and all the
executive and managing officers of such
corporation or association must be
citizens of the Philippines.
 RADIO LAWS
AND
REGULATIONS
 ACT NO. 3846

AN ACT PROVIDING FOR THE

REGULATION OF RADIO STATIONS AND
RADIO COMMUNICATIONS IN THE
PHILIPPINE ISLANDS, AND FOR OTHER
PURPOSES

November 11, 1931

SECTION 1

 No person, firm, company,

association or corporation shall
construct, install, establish, or
operate a radio station within the
Philippine Islands without having
first obtained a franchise therefor
from the Philippine Legislature;
SECTION 1
 Provided however, that no franchise
from the Legislature shall be
necessary for the construction,
installation, establishment or operation
of an amateur station, an
experimental station, a training
station, a station on board a mobile
vessel, train, or aircraft, or a private
station in a place without any means
of communication.
Section 2
 The construction or installation of any
station shall not be begun, unless a
permit therefor has been granted by the
National Telecommunications
Commission.
 No station shall be operated except
under and in accordance with the
provisions of a license issued therefor
by the (NTC).
Section 2
 The license shall state the dates between
which the station may be operated.
 If a renewal is desired, the licensee shall
submit an application to the NTC at least
two (2) months before the expiration date
of the license to be renewed.
 The NTC shall determine the period for
which each license is issued;
 Provided, that no license shall be issued
for a longer period than three (3) years.
SECTION 3

The National Telecommunications

Commission is hereby empowered to regulate
the establishment, use, and operation of all
radio stations and of all forms of radio
communications and transmissions within the
Philippine Islands and to issue such rules and
regulations as may be necessary.
Powers and Duties of NTC
In addition to the above, it shall have the
following specific powers and duties:

a) He shall classify radio stations and prescribe

the nature of service to be rendered by each
class and by each station within any class;
b) He shall assign call letters and assign
frequencies for each station licensed by him
and for each station established by virtue of a
franchise granted by the Philippine Legislature
and specify the stations to which each such
frequency may be used;
Powers and Duties of NTC
c) He shall make rules and regulations to prevent
and eliminate interference between stations and
to carry out the provisions of this Act and the
provisions of International Radio Regulations:
Provided however, that changes in the
frequencies or in the authorized power, or in the
character of omitted signals, or in the type of the
power supply, or in the hours of operation of any
licensed station, shall not be made without first
giving the station a hearing;
d) He may establish areas or zones to be served by
any station;
e) He may make special rules and regulations
applicable to radio stations engaging in chain
broadcasting;
Powers and Duties of NTC

f) He may make general rules and regulations

requiring stations to keep records of traffic
handled, distress, frequency watches,
programs, transmissions of energy,
communications or signs;
g) He may conduct such investigations as may
be necessary in connection with radio matters
and hold hearings, summon witnesses,
administer oaths and compel the production
of books, logs, documents and papers;
Powers and Duties of NTC
h) He may prescribe rules and regulations to be
observed by radio training schools; he may supervise
the course and method of instruction therein, and he
may refuse to admit to examinations for radio
operators' licenses graduates of any radio school not
complying with the regulations;
i) He shall prescribe rates of charges to be paid to the
Government for the inspection of stations, for the
licensing of stations, for the examination of operators,
for the licensing of operators, for the renewal of
station or operator licenses, and for such other
services as may be rendered;
j) He is hereby empowered to approve or disapprove any
application for the construction, installation,
establishment or operation of a radio station;
Powers and Duties of NTC

k) He may approve or disapprove any

application for renewal of station or operator
license: Provided however, that no
application for renewal shall be disapproved
without giving the licensee a hearing;

l) He may, at his discretion, bring criminal

actions against violators of the radio law or
the regulations; or simply suspend or revoke
the offender's station or operator's licenses;
or refuse to renew such licenses; or just
reprimand and warn the offenders;
Powers and Duties of NTC

m) The location of any station, and the power

and kind or type of apparatus to be used shall
be subject to his approval;

n) He shall prescribe rules and regulations to

be observed by stations for the handling of
SOS messages and distress traffic: Provided,
that such rules and regulations shall not
conflict with the provisions of the
International Radio Regulations.
SECTION 4
 No radio station license shall be transferred to any
person, firm, company, association or corporation
without express authority of the NTC, and no
license shall be granted or transferred to any
person who is not a citizen of the of the
Philippines; or to any firm or company which is
not incorporated under the laws of the
Philippines; or to any company or corporation
twenty percent (20%) of whose capital stock may
be voted by aliens or their representatives, or by
a foreign government or its representatives, or by
any company, corporation, or association
organized under the laws of a foreign country.
SECTION 5

 The privileges granted in any station license

shall not be exclusive.
SECTION 6.

 The President of the Philippines, in time of war,

public peril, calamity, or disaster, may cause the
closing of any radio station in the Philippines; or
may authorize the temporary use or possession
thereof by any department of the Government
upon just compensation to the owners.
SECTION 7 (Secrecy of Communication)
 A person to whom or through whom a message has been
submitted for transmission shall not willfully publish or
divulge the contents, substance, purport, effect, or meaning
thereof to any unauthorized person;
 and no person not being authorized by the sender or the
addressee shall intercept any message or communication and
willfully divulge or publish the contents, substance, purport,
effect, or meaning of such intercepted message or
communication to any person;
 and no person not being entitled thereto shall receive, or assist
in receiving, any message or communications and use the
same or any information therein contained for his benefit or
for the benefit of another not entitled thereto;
SECTION 7 (Secrecy of Communication)
 and no person having received such intercepted message or
communication, or having become acquainted with the contents,
substance, purport, effect, or meaning of the same or any part thereof,
knowing that such information was so obtained, shall divulge or publish
the contents, substance, purport, effect, or meaning of the same or any
part thereof, or use the same or any information therein contained for his
own benefit or for the benefit of another not entitled thereto:
 Provided, that this section shall not apply to the transmitting, receiving,
divulging, publishing or utilizing the contents of any message or
communication broadcasted or transmitted by amateurs or others for the
use of the general public or relating to ships in distress.
SECTION 8

 The NTC is hereby authorized to create a Radio

Regulation Section, Division, or Office, which
shall take charge of carrying out the provisions
of this Act and of the regulations prescribed by
him, or to delegate temporarily the duties
herein conferred upon him and the enforcement
of the regulations prescribed by him, to any
bureau or office under his department, subject
to his general supervision and control.
SECTION 9

 The provisions of this Act shall not apply to

radio stations of the Philippine Government.
Foreign mobile stations temporarily located
within the Philippine Islands shall be exempt
from the provisions of this Act: Provided,
however, That they shall be subject to the
provisions of the International Radiotelegraph
Regulations.
SECTION 10.

 The powers vested in and the duties imposed

upon the Director of Posts by Act Numbered
Thirty-three hundred and ninety-six are hereby
transferred to the NTC, ….
SECTION 11
 Act Numbered Thirty-two hundred and
seventy-five, entitled, "An Act to Amend
Article One of Chapter Fifty-two and Section
Twenty-seven hundred and fifty-seven of the
Administrative Code, Providing for the
Effective Radio Control," is hereby repealed:
 Provided however, that such repeal shall not
affect any act done, or any right accrued, or
any suit or proceeding had or commenced in
any criminal or civil cause, prior to said
repeal.
PENAL PROVISION
 SECTION 12. Any person who shall violate any
mandatory or prohibitory provision of this Act,
or any mandatory or prohibitory provision of
the regulations prescribed by the NTC under
this Act, or any mandatory or prohibitory
provision of the International Radio
Regulations, upon conviction thereof by a
court of competent jurisdiction, shall be
punished by a fine of not more than two
thousand pesos (P2000.00) or by
imprisonment for not more than two (2)
years or both, for each and every offense.
SECTION 13

 Any firm, company, corporation or

association failing or refusing to observe or
violating any provision of this Act, or any
provision of the regulations prescribed by
the NTC under this Act, or any provision of
the International Radio Regulations, shall
be punished by a fine of not more than
five thousand (P5,000.00) pesos for
each and every offense.
Telecom
Telecom Regulatory
Regulatory Updates
Updates
in
in the
the Philippines
Philippines

ENGR. SAMUEL S. SABILE

Common Carrier Authorization Department
NATIONAL TELECOMMUNICATIONS COMMISSION
 REGULATORY STRUCTURES
 National Telecommunications
Commission

Sole body that exercises

jurisdiction over the
supervision and regulation of
all telecommunications and
broadcast networks and
services.
Created under EO 546 s1979
Exercises regulatory with
quasi-judicial power
Promulgates and implements
guidelines, rules and
regulations relative to the
establishment, operation and
maintenance of telecoms and
broadcast facilities and
services nationwide and the
protection and promotion of
public interest and welfare

NTC Head Office , Quezon City

 TELECOMS POLICY STRUCTURE

POLICY MAKING BODIES

 Office of the President

 Congress of the Philippines
 DOST (FORMERLY: Commission on Information and
Communications Technology (CICT)

REGULATORY BODY

 National Telecommunications Commission

 Policy and Regulatory Process
•Congress enunciates policies through legislative process. Office of the
President issue policy guidelines through public consultation process.

•National Telecommunications Commission in implementing the policies

promulgates rules and regulations after conducting public consultations and
hearings. The Commission is a collegial body under the administrative
supervision of the Office of the President.

•It has an independent quasi-judicial power. Decisions of the Commission

are appealable only before the Court of Appeals and the Supreme Court.

•The Commissioners do not have fixed term of office. The budget of the
Commission is approved by Congress.
PROCEDURE IN THE PROMULGATION OF RULES
Consultative paper is prepared and released for comments
 Considering the comments received, the first draft of the rules is
prepared
 Notice of public hearing is published in newspaper of general
circulation
 Public hearings are conducted
 In cases where there is consensus, the Rules are promulgated based
on the consensus; where there is no consensus the Commission
decides and promulgates the Rules
 The promulgated Rules are published in newspaper of general
circulation and posted at the NTC website.
Visit us at NTC website www.ntc.gov.ph