IRR of R.A. No. 7920 (August 31, 1995)

(NAR) VOL.8 NO. 1 / JANUARY-MARCH 1997 [ PRC BOARD OF ELECTRICAL ENGINEERING BOARD RESOLUTION NO. 18, SERIES OF 1995, August 31, 1995 ] IMPLEMENTING RULES AND REGULATIONS (IRR) OF REPUBLIC ACT NO. 7920 Pursuant to Section 4 (h), Article II of Republic Act No. 7920, otherwise known as “The New Electrical Engineering Law,” the Board of Electrical Engineering hereby prescribes, issues, and promulgates its Rules and Regulations that shall carry out the provisions of the said law. ARTICLE I Title and Definition of Terms RULE 1. TITLE — This Resolution shall be known as “The New Rules and Regulations of the Board of Electrical Engineering.” RULE 2. DEFINITION OF TERMS — Unless otherwise provided, the following shall be understood to mean: a. Syllabi — outlines embodying topics and concepts of major subjects prescribed in specific courses of study to serve as basis for test questions in the licensure examinations. b. Commission — Professional Regulation Commission c. Commissioner — the Chairman of the Professional Regulation Commission d. Board — Board of Electrical Engineering e. CPE — Continuing Professional Education f. RA 184 — Old Electrical Engineering Law (1947) g. PEE — Professional Electrical Engineer h. ASSO EE — Associate Electrical Engineer i. ASST EE — Assistant Electrical Engineer j. REE — Registered Electrical Engineer — Those who were registered as such under RA 7920 and those who were previously registered as ASSO EE or asASST EE under RA 184 and subsequently registered as REE. k. ME — Master Electrician — Those who were registered as such under RA 184. l. RME — Registered Master Electrician — Those who are registered as RME under RA 7920 and those MEs who were registered as MEs under RA 184 and subsequently registered as RME under RA 7920. m. IIEE — Institute of Integrated Electrical Engineers n. DECS — Department of Education, Culture and Sports o. CHED — Commission on Higher Education p. TESDA — Technical Education and Skills Development Authority q. S.O. No. (B) — Special Order Number ARTICLE II Official Seal RULE 3. OFFICIAL SEAL — The seal of Professional Electrical Engineer as provided for in Section 4 (q) of Republic Act No. 7920 with its design below: The seal shall be a dry circular seal, consisting of two concentric circles, the outer circle being 48 mm in diameter and the inner circle being 28 mm in diameter with the appearance of two rings of twisted wires. A horizontal diametrical space, 6 mm wide shall be provided across the inner circle for the name of the registrant. The upper half of the annular space shall bear the words REGISTERED PROFESSIONAL and lower half the words ELECTRICAL ENGINEER. The portion of the inner circle above the diametrical space shall contain the name PHILIPPINES; and the portion below, the registration number. ARTICLE III Duties and Responsibilities of the Board RULE 4. ENFORCEMENT AND EXECUTION — The Board in the enforcement and administration of Republic Act No. 7920, and in the execution and performance of its powers, duties, functions and responsibilities set forth therein shall rely or seek the review, approval, supervision, assistance, support and/or advice of the Commission through the latter’s offices, divisions, sections, and units. RULE 5. PROMULGATION OF DECISIONS, RULES, ETC. — To promulgate a decision, resolution or order in an administrative case, or a policy, rule and/or regulation, measure, directive, order, circular, or other resolution for the implementation of RA 7920, the Board shall meet en banc and vote personally. Both a quorum and a majority vote are prerequisites for the validity of any of the foregoing actions. A quorum or majority vote shall consist of two (2) members of theBoard. Any official action of the Board other than a decision, resolution or order issued in an administrative case shall be valid, enforceable, and effective only after it shall have been approved by the Commission and published in the Official Gazette or newspaper of general circulation. Publication shall not be required of a Board’s resolution, order, directive or circular which is internal, administrative and not affecting the public, and nor penal or disciplinary in nature. RULE 6. OFFICIAL BUSINESS WITH THE COMMISSION — For any dealing, transaction, or business with the Commissioner, the Chairman of the Board shall be the spokesman, representative or liaison of the Board. He may authorize or designate any of its members or the Secretary of the Professional Regulatory Boards, in case of his absence or indisposition. RULE 7. ASSIGNMENT OF DUTIES — The Chairman shall be responsible for the assignment of duties and responsibilities to the members and for the supervision and management of their work. RULE 8. ACTION ON PAPERS, COMMUNICATIONS OR OTHER DOCUMENTS — All papers, communications, certificates, decisions or other documents shall be solely and exclusively acted upon by the Board within the premises of the Commission. Appropriate sanction shall be imposed by the Commission for violation of this rule. RULE 9. OPINION ON AND INTERPRETATION OF R.A. 7920 AND THE BOARD’S RULES AND REGULATIONS — The Board in the discharge of its quasi- legislative (rule-making) power may issue an opinion on, construction, or interpretation of, any provision of R.A. 7920, of the Board’s Rules and Regulations, Code of Ethics, policies, issuances, etc. The issuance of the herein Board’s official action shall be released through the Chairman, or a Board Member, or the Secretary of the Professional Regulatory Boards as signatory if authorized by the Chairman. RULE 10. ACTION ON COMMUNICATION — Queries or communications which do not require collective official action or reply by the Board, or which are ministerially actionable may be answered and signed by the Chairman or a Board Member, or the Secretary of the Professional Regulatory Boards if authorized by the Chairman. ARTICLE IV Conduct of Examination RULE 11. PLACES AND DATES OF EXAMINATIONS — The Registered Electrical Engineer and Registered Master Electrician Licensure Examinations shall be held in the City of Manila and other places twice a year. Upon recommendation by the Board, the places/venues and dates of examinations for the year shall be included in the Schedule of Professional Licensure Examinations for the year issued by the Commission. The Board shall issue schedules of the interview/oral examination of applicants forregistration as Professional Electrical Engineers subject to approval by the Commission. RULE 12. PROGRAM OF EXAMINATION — The Board shall issue a program for every scheduled examination indicating therein the subjects with their dates, time and percentage weights, the instructions, and the names and signatures of the Chairman of the Board and the Secretary of the Professional Regulatory Boards, not later than twenty (20) days prior to the first day of the examination. RULE 13. THE PUBLICATION OF THE EXAMINATION — The dates and the venues of the licensure examination shall be published in a newspaper of general circulation and/or disseminated through schools, colleges and universities offering the courses and through the accredited and integrated electrical engineering association at least one (1) month prior to the first day of the examination. RULE 14. REQUIREMENTS FOR REGISTRATION AS PROFESSIONAL ELECTRICAL ENGINEER —An applicant for Registration as Professional Electrical Engineer shall submit the following documents: 1. PRC Application Form (PRC Form No. 101) 2. Permanent Registration Record Card (PRC Form No. 203) 3. Proof of Philippine Citizenship, e.g. Certificate of Naturalization, voter’s affidavit/ID Card, Philippine Passport/Visa 4. Certificate of Live Birth and/or marriage contract (if applicant is a married female) 5. NBI clearance 6. Valid Certificate of Registration and a Valid Professional License as a Registered Electrical Engineer 7. Certificate of Experience PRC Form No. 104 (Revised August ’95) duly accomplished and certified under oath. This service record shall be reckoned from the date the applicant took oath as an REE (or ASSO EE or ASST EE). 8. Technical Report/Thesis/Dissertation Paper. Prior to writing the report, the proposed title and outline shall be submitted to the Board for approval as to subject matter, organization, technical content and presentation. If disapproved, the Board shall advise the applicant citing the reasons therefor. Five (5) copies shall be submitted to the Commission, four (4) of which will be retained by the Commission, and the fifth copy shall be returned to the applicant after his copy has been stamped “RECEIVED.” The report shall be of legal size and book-bound. The following elements of the report shall be included in the order given below:* Title Page * Letter of Transmittal * Preface * Table of Contents * List of tables, charts, drawings etc. * Summary * Body Text * Conclusions/Recommendations * Bibliography/References * Affidavit of sole authorship * Affidavit of PEE 1 * Affidavit of PEE 2 * Affidavit of PEE 3 * Curriculum Vitae (with ID picture) Unnecessary and irrelevant data, charts, drawings, pictures and information not referred to in the discussion shall be avoided. 9. Affidavits signed by three licensed professional electrical engineers to the effect that the experience record submitted by the applicant is factual and that the technical paper submitted was actually and solely prepared by the applicant. The Board may call the vouching PEE for an interview in connection with the affidavit executed in favor of the applicant. 10. Brief description of the most significant and outstanding achievement/contribution of the applicant in the field of electrical engineering. After these submittals are received by PRC, they will be reviewed by at least two (2) Board Members who will then set schedules for the oral examination or interview. Those who will qualify first for the interview will be interviewed first regardless of what year they were registered as ASSO EE’s or ASST EE’s or REE’S. The individual interview will be necessary in the assessment of the experience, competence and the readiness of the applicant to render professional electrical engineering service. The interview shall be scheduled as often as required throughout the year at the PRC head office in Manila. The applicant obtaining passing ratings on the oral examination/interview will qualify for registration as a professional electrical engineer. The results shall be posted on the PRC Bulletin Board and the examinee shall be furnished with the results. The release of the results may or may not coincide with the release of the results for Registered Electrical Engineers and Registered Master Electricians. Any applicant who failed in the oral examination/interview shall not re-apply untilafter at least one (1) year from date of notice of failure. In the re-application, Rule 14 shall be observed. RULE 15. QUALIFICATIONS OF APPLICANTS FOR REGISTRATION AS PROFESSIONAL ELECTRICAL ENGINEER WHO WERE REGISTERED AS ASSISTANT/ASSOCIATE ELECTRICAL ENGINEER UNDER R.A. 184 — Assistant Electrical Engineer or Associate Electrical Engineer with valid Certificate of Registration and a valid Professional License issued under RA 184 and with four (4) years or more of active electrical engineering practice after his registration under the foregoing grade, may apply for registration as a Professional Electrical Engineer only subsequent to his registration as Registered Electrical Engineer under Sec. 42 (a), Art. V of RA 7920. RULE 16. REQUIREMENTS FOR EXAMINATION AS A REGISTERED ELECTRICAL ENGINEER — An applicant for the examination as Registered Electrical Engineer shall submit the following: 1. PRC Application Form (PRC Form 101) for examination duly accomplished; 2. Permanent Registration Record Card (PRC Form No. 203) 3. Proof of Philippine Citizenship, e.g. Certificate of naturalization, Philippine Passport/Visa, Voter’s affidavit/ID Card; 4. Certificate of Live Birth and/or Marriage Contract (if applicant is a married female). 5. Transcript of Records with the name of the degree/or course, the date of graduation and S.O. No. unless exempt therefrom due to accreditation of a course by the CHED or to being a state school/college/university graduate; RULE 17. REQUIREMENTS FOR EXAMINATION AS A REGISTERED MASTER ELECTRICIAN — An applicant for the examination as Registered Master Electrician shall submit the following: 1. PRC Application Form (PRC Form 101) duly accomplished 2. Permanent Registration Record Card (PRC Form No. 203) 3. Proof Philippine Citizenship, e.g. Certificate of naturalization, Philippine Passport/Visa, Voter’s affidavit/ID Card. 4. Certificate of Live Birth and/or Marriage Contract, if applicant is a married female. 5. Transcript of Records with name of the course, date of graduation and S.O. (B) No. unless exempt therefrom due to accreditation of a course by the CHED, TESDA, DECS, or to being state school/college/university graduate.6. Certificate or affidavit on specific record of practice or apprenticeship issued by instructors trainors/supervisors who are themselves registered electrical practitioners. For this purpose, PRC Form No. 104 (Revised August 95) shall be used. RULE 18. REGISTRATION OF ASSOCIATE/ASSISTANT ELECTRICAL ENGINEER AND MASTER ELECTRICIAN UNDER RA NO. 184 — Successful examinees in Associate/Assistant Electrical Engineer or Master Electrician licensure examinations who have not yet registered for lack of age under R.A. 184 may now register if he is now 21/18 years old, respectively. RULE 19. RELEASE OF THE RESULTS OF THE EXAMINATION — The Board upon approval of the Commission shall release officially the results of the licensure examinations not later than twenty five (25) days from the date of the examination. The names of the successful examinees with the names and grades of topnotchers and the names of top performer schools shall be officially published in the newspaper of general circulation. Examinee’s report of rating shall be mailed within one (1) month from the date of the release. RULE 20. RE-EXAMINATION OF FAILED SUBJECTS — 1. For Professional Electrical Engineers: If the applicant was conditioned in any of the subjects or has completely failed the PEE exams under RA 184, he may apply for the same PEE grade under RA 7920 without undergoing any written examination provided he complies with the requirements outlined under Rule 14 of the herein Rules. If he failed in the written examinations, but was given a passing mark in his Engineering Report under RA 184, he shall submit the title of his report and the corresponding rating obtained. He shall submit the relevant and essential requirements of Rule 14. He shall also undergo the oral examination or interview conducted by at least two (2) Board Members. The Board members shall make final recommendations to the Commission based on the evaluation of the documents received and the results of the oral examination/interview. 2. For Registered Electrical Engineers and Registered Master Electricians: If an examinee obtains an average of seventy percent (70%) or above but has a disqualifying rating of below fifty percent (50%) in any of the subject clusters, he gets a conditional mark. He can remove the condition by taking the examination on the same subject cluster again and again if necessary until he shall have obtained a rating of seventy percent (70%) or more on the same subject cluster. The subjects to be taken shall be as described in the corresponding syllabi prescribed by the Board. ARTICLE V Issuance and Reissuance of Certificate of Registration and Professional LicenseRULE 21. REGISTRATION AND ISSUANCE OF CERTIFICATE OF REGISTRATION AND PROFESSIONAL LICENSE — Upon compliance with all the legal requirements for registration, a registrant shall be allowed to enroll his/her name and other essential data in the Roster of Professional Electrical Engineers, Registered Electrical Engineers and Registered Master Electricians, and accordingly, shall be issued with the Certificate of Registration and Professional License. RULE 22. TAKING THE OATH OF PROFESSIONAL — All applicants for registration as PEES, REEs or RMEs shall be allowed to take their oaths as such only after they shall have registered. RULE 23. RENEWAL OF PROFESSIONAL LICENSE — The Professional License shall be renewed every three (3) years on the birthmonth of the PEE, REE or RME upon compliance with Continuing Professional Education (CPE) requirement, unless exempted therefrom, and upon payment of the annual registration fees for three (3) years. RULE 24. DELISTING — A PEE, REE or RME who has been delinquent in the payment of his/her annual registration fees for five (5) consecutive years since his/her last payment shall not be allowed to continue practicing his/her profession after the delisting of his/her name from the Roster of PEES, REEs or RMES. The said period may be interrupted upon surrender of a Certificate of Registration and/or Professional License to the Commission. RULE 25. LIFTING OF DEFERMENT OF REGISTRATION — If the disciplinary action imposed under Section 28, Art. II of R.A. 7920 is not the cancellation of examination papers and/or debarment from taking the future examination, the respondent-examinee who has passed the examination may be allowed by the Commission to register upon recommendation of the Board after the lapse of no less than one (1) year from the date of the decision. RULE 26. RE-ISSUANCE OF CERTIFICATE OF REGISTRATION — A PEE, REE or RME whose Certificate of Registration has been revoked may, after the lapse of one (1) year from the surrender thereof, be re-issued with such certificate upon approval by the Commission, after he/she has established to the Board that he/she is still fit to continue practicing his/her profession. RULE 27. REGISTRATION NUMBER AND EXPIRY DATE OF THE PROFESSIONAL LICENSE — The PEE, REE or RME shall indicate his/her Certificate of Registration with the date of issuance and the expiry date of validity of his/her Professional License in the document he/she issues, signs and uses in the practice of his/her profession. ARTICLE VI Miscellaneous Provisions RULE 28. ADMINISTRATIVE INVESTIGATION — The conduct and procedures of an investigation initiated by the Board against an examinee or a PEE, REE or RME shall be governed by the provisions set forth in Article IV, V, and VI ofthe Commission pertaining to the “Rules and Regulations Governing the Regulation and Practice of Professionals” and/or any other rules that may be issued by the Commission, Board, or the President of the Republic of the Philippines. The Revised Rules of Court shall be suppletory to the foregoing rules. RULE 29. GROUNDS FOR DISCIPLINARY ACTION — The Board shall invoke the hereunder causes in imposing a penalty of: cancellation of examination papers and/or debarment from examination of examinees; reprimand or revocation of Certificate of Registration or suspension from the practice of the profession of PEES, REES, RMES; or cancellation of Special Permit holders: 1. The grounds set forth in Sections 28 and 29, Article III of R.A. 7920; 2. Violation of any of the herein Rules, any policy or administrative issuance issued by the Board or Commission; 3. Violation of any provision of R.A. 7920; 4. Breach of the Code of Professional Ethics for Professional and Registered Electrical Engineers and Registered Master Electricians. RULE 30. ENFORCEABILITY OF THE BOARD’S DECISION — The decision of the Board imposing a disciplinary action against the respondent in an administrative case shall become final and executory unless it is appealed by the respondent to the Commission within fifteen (15) days from the receipt of the decision. The Board’s or Commission’s decision is appealable by the respondent to the Court of Appeals in accordance with the procedures provided under the Rules of Court. RULE 31. APPLICABILITY OF THE “RULES AND REGULATIONS GOVERNING THE REGULATION AND PRACTICE OF PROFESSIONALS” — In the enforcement, implementation, and administration of the provisions of R.A. 7920 and the herein “The New Rules and Regulations of the Board of Electrical Engineering”, the Rules and Regulations Governing the Regulation and Practice of Professionals shall be suppletorily applicable thereto. RULE 32. EXAMINATION, REGISTRATION, LICENSE FEES AND FINES — The Accounting Division, out of the ten (10%) percent collected examination fees from the examinees, shall provide and keep a separate book of account for a trust fund that will defray the establishment and maintenance of the Center for continuing education and research; and out of the fifty (50%) percent collected as registration and license fees, and fines, shall provide and keep a separate book of account for a special fund for the supervisory and regulatory functions of the Board. RULE 33. SEPARABILITY CLAUSE — If, for any reason, any section or provision of the herein “Rules and Regulations” or the application of such rules and regulations or provision to any person or circumstance is declared unconstitutional, unlawful or invalid, no other section or provision of this “Rules and Regulations” shall be affected thereby. RULE 34. EFFECTIVITY CLAUSE — The herein “Rules and Regulations”shall be, upon approval by the Commission, be effective after fifteen (15) days following its full publication in the Official Gazette or any newspaper of general circulation, whichever is earlier. Adopted: 31 Aug. 1995 (SGD.) RAFAEL F. FLORENTINO Chairman (SGD.) ROY F. GIL Member Attested: (SGD.) CARLOS G. ALMELOR Secretary, Professional Regulatory Boards Approved: (SGD.) HERMOGENES P. POBRE Commissioner (SGD.) MARIANO A. MENDIETA (SGD.) ALFONSO G. ABAD Associate Commissioners Source: Supreme Court E-Library This page was dynamically generated by the E-Library Content Management System (E-LibCMS)