Republic Act No. 184


PHILIPPINE LAWS, STATUTES, CODES & ISSUANCES


PHILIPPINE LAWS, STATUTES AND CODES

REPUBLIC ACTS




REPUBLIC ACT NO. 184
REPUBLIC ACT NO. 184 - AN ACT TO REGULATE THE PRACTICE OF ELECTRICAL ENGINEERING IN THE PHILIPPINES, TO PROVIDE FOR THE LICENSING AND REGISTRATION OF ELECTRICAL ENGINEERS AND ELECTRICIANS AND FOR OTHER PURPOSES
(REPEALED BY REPUBLIC ACT NO. 7920)

ARTICLE I
Organization

Section 1. Title of Act. � This Act shall be known as the "Electrical Engineering Law."

Sec. 2. Creation and composition of a Board of Electrical Engineering Examiners. � Within thirty days after the approval of this Act, there shall be created by a Board of Electrical Engineering Examiners to be composed of a chairman and two members to be appointed by the Secretary of Public Works and Communications.

Sec. 3. Powers vested in Board. � The Board of Electrical Engineering Examiners is vested with authority conformably with the provisions of this Act, to administer the provisions thereof, to issue, suspend or revoke certificates of registration for the practice of electrical engineering and to administer oaths in connection therewith.

In carrying into effect the provisions of this Act, the board may under the hand of its chairman and the seal of the board, subpoena witnesses and compel their attendance, and may also require the production of books, documents, etc., in a case involving violation of any of the provisions of this Act. Any member of the board may administer oaths or affirmations to witnesses appearing before it. If any person shall refuse to obey any subpoena so issued, or shall refuse to testify or produce any book, document, etc., the board may present its petition to the Court of First Instance, setting forth the facts, and thereupon such court shall, in a proper case, issue its subpoena to such person requiring his appearance before such court and there to testify or produce such books, papers, documents, etc., as may be deemed necessary and pertinent to the board. Any person failing or refusing to obey the subpoena or order of the said court may be proceeded against in the same manner as for refusal to obey any other subpoena or order of the court.

The board shall exercise the powers conferred upon it by this Act, shall from time to time, look into conditions affecting the practice of electrical engineering in the Philippines and, whenever necessary, recommend to the Secretary of Public Works and Communications the adoption of such measures as may be deemed proper for the maintenance of good ethics and standards in the practice of electrical engineering in the Philippines and thus safeguard public welfare, life, health and property.

Sec. 4. Qualifications of board members. � Each member of the board shall, at the time of his appointment:

(1) Be a citizen of the Philippines and a resident thereof;

(2) Hold the degree of B.S.E.E. or M.S.E.E. or the equivalent thereof conferred by an engineering school or college legally chartered and of good standing;

(3) Be legally qualified to practice professional electrical engineering for at least ten years and actually in active practice on the date of his appointment;

(4) Not be a member of the faculty of any school, college or university where a regular course in electrical engineering is taught, nor have pecuniary interest in such institution.

Sec. 5. Term of office. � The members of the board shall hold office for a term of three years after their appointment or until their successors shall have been appointed and duly qualified. The members of the board appointed under this Act shall hold office for the following terms: one member for one year; one member for two years; and one member for one year; one member for two years; and one member for three years. Each member of the board shall qualify by taking the proper oath prior to entering upon the performance of this duties.

Sec. 6. Executive officer of the board. � The Commissioner of Civil Service shall be the executive officer of the board, shall conduct the examinations given by the board and shall designate any subordinate officer of the Bureau of Civil Service to act as Secretary of the board. All records and minutes of the board including all examination papers, shall be kept by the Bureau of Civil Service.

Sec. 7. Removal of board members. � The Secretary of Public Works and Communications may remove any member of the board for continued neglect of duty or incompetency, or for unprofessional or dishonorable conduct, after having given the member concerned an opportunity to defend himself in the proper administrative investigation.

Sec. 8. Compensation of the board. � The members of the board shall each receive as compensation the sum of five pesos for each applicant examined or registered without examination for any of the first three grades provided under section eleven hereof; and three pesos for each applicant examined or registered without examination for the grade of Master Electrician. Any electrical engineer in the Government of the Philippines appointed as member of the board shall receive the compensation herein provided in addition to his salary. All fees shall be received by the officer designated by competent authority as collecting officer for the Bureau of Civil Service, and such officer shall pay all authorized expenditures of the board including the compensation provided for in this Act for the members of the board.

Sec. 9. Rules and regulations. � (a) The board may, with the approval of the Secretary of Public Works and Communications and with the advice and consent of the Commissioner of Civil Service, adopt such rules and regulations as may be necessary to carry the provisions of this Act into effect. Penal provisions may be included in said regulations, the violation of which shall be punishable by a fine of not more than two hundred pesos or by imprisonment for not more than two months, or both in the discretion of the court.

Section 10. Annual report. � The board shall submit an annual report to the Secretary of Public Works and Communications after the close of each fiscal year giving a detailed account of its proceedings during the year and making such recommendations as it may deem proper.

ARTICLE II
Registration and Examination

Section 11. Grades. � Certificates of registration for the practice of electrical engineering shall be of four grades and in the order of rank as follows:

(1) Professional electrical engineer, (2) Associate electrical engineer, (3) Assistant electrical engineer, and (4) Master electrician.

Section 12. Inhibitions against the practice of electrical engineering. � Unless exempt from registration, no person shall practice or offer to practice electrical engineering in the Philippines without having previously obtained a certificate of registration from the Board of Electrical Engineering Examiners.

Section 13. Definitions of terms. � (a) Electrical Engineering: A person shall be deemed to be practicing electrical engineering or rendering electrical engineering service within the meaning and intent of this Act who shall, for a fee, salary or other reward or compensation paid to himself or to another person, or even without such reward or compensation render or offer to render professional electrical engineering service in the form of consultation, investigation, valuation, planning, designing or preparation of specifications for any electrical construction, installation or project; or take charge of the sale or distribution of any electric supply or utilization equipment requiring engineering calculations and/or application of engineering principles and data; or take charge of or supervise any electrical constructions, or installation, or the operation, tending and maintenance of any electric generating plant; Provided, however, That it shall be unlawful for any person to use in connection with his name or otherwise use, assume or advertise any title tending to convey the impression that he is a professional electrical engineer or associate electrical engineer or assistant electrical engineer or master electrician or that he is engaged in the practice of electrical engineering unless he is duly licensed and registered as such in conformity with the provisions of this Act.

(b) The term electric supply equipment as used in this Act, shall mean any equipment which produces, modifies, regulates, controls or safeguards a supply of electric energy.

(c) The term utilization equipment as used in this Act, shall mean equipment, devices and connected wiring which utilize electric energy for any purpose and are not a part of electric supply equipment or electric generating plant.

(d) The term electric generating plant as used in this Act, shall mean the complete establishment or system for the production, transmission and/or distribution of electric energy and shall include all the electric supply equipment and lines used for these purposes: Provided, however, That if the complete establishment includes one or more substations which are or may be interconnected, requiring personal supervision for their proper operation, each substation shall be considered as a separate electric generating plant for purposes of compliance with the provisions of this Act: Provided, finally, That the provisions of this Act shall not apply to any electric generating plant of the United States Army or Navy, or of the National, provincial, city or municipal government, or to any electric generating plant on conveyances used in connection with land and air transportation.

(e) The term electric supply line as used in this Act, shall mean those conductors and their necessary supporting, or containing structures which are located entirely outside of buildings and are used for transmitting a supply of electric energy.

(f) The term substation as used in this Act, shall mean any building, room or separate place which houses electric supply equipment for trying with the generating plant and the interior of which is accessible, as a rule, only to properly qualified persons.

(g) The term kilowatt or KVA capacity or simply capacity as used in this Act, when applied to electric generating plants shall mean the total full capacity in kilowatts or kilovolt-amperes of all the electric supply equipment installed to produce electric energy for transmission and/or distribution as stamped on the name plate attached to each generator. In the absence of a name plate rating, the kilowatt or KVA capacity shall be determined by reference to the manufacturer or by calculation or other method of determination conforming with the latest standards of the American Institute of Electrical Engineers or their equivalent.

(h) The term voltage or volts as used in this Act, shall mean the highest effective voltage between any two conductors of the circuit concerned, except that in grounded multiwire circuits not exceeding 750 volts between outer conductors, it shall mean the highest effective voltage between any wire of the circuit and the ground. In ungrounded circuits not exceeding 750 volts, voltages to ground shall mean the voltages of the circuit.

Section 14. Exemptions from registration. � Registration shall not be required of the following persons:

(a) Officers or enlisted men of the United States Army or Navy, or employees of the Federal Government of the United States, while engaged in the practice of electrical engineering for said Army and Naval or Government of the United States;

(b) Employees and officials of the Government of the Philippines whether National, provincial, city or municipal while engaged in the practice of electrical engineering for said Government;

(c) Electrical engineers, or erection or guarantee engineers called in for consultation or for a specific design, installation or project, provided that their practice shall be limited only to the particular work for which they were called and such engineers are legally qualified to practice electrical engineering in their own state or country in which the requirements and qualifications for obtaining a certificate of registration are not lower than those specified in this Act;

(d) Foreigners employed as technical officers, professors or consultants in such special branches of electrical engineering as may, in the judgment of the Secretary of Public Works and Communications, be necessary and indispensable for the country;

(e) Engineering students, apprentices and other persons employed or acting as subordinates of/or undergoing training under a person holding a valid certificate of registration under this Act;

(f) Any person in charge of or supervising the operation, tending and maintenance of an electric generating plant for private use employing voltages not exceeding 250 volts: Provided, however, That the owner or operator shall be required to have the plant or establishment periodically inspected at intervals of not more than one year by a registered professional engineer or associate electrical engineer or by a National, city, provincial or municipal authority exercising legal jurisdiction over electrical installations.

Section 15. Examination required. � Except as otherwise specifically allowed, all applicants for registration for the practice of electrical engineering shall be required to undergo a technical examination as provided in this Act.

Section 16. Qualifications of applicant for Professional Electrical Engineer. � Any person applying for examination and for a certificate of registration as professional electrical engineer shall, prior to admission to examination, establish to the satisfaction of the board:

(a) That he is at least twenty-five years of age;

(b) That he is of good reputation and moral character;

(c) That he has completed the high school course or its equivalent;

(d) The he has graduated in electrical engineering from a university, school, college, academy, or institute duly constituted and recognized as such by the Government or the state in which it is established after completing a resident collegiate course of not less than four years and, in addition has a specific record of four years or more of active practice in electrical engineering of responsible character indicating that the applicant is competent to practice professional electrical engineering in its full scope as defined in this Act; or

(e) That he has completed at least two years of resident collegiate engineering training in a university, school, college, academy or institute duly constituted and recognized as such by the Government or the state in which it is established and, in addition, has a specific record of eight years or more of active practice in electrical engineering of responsible character indicating that the applicant is competent to practice professional electrical engineering in its full scope as defined in this Act.

In considering the qualifications of applicants, being in charge of electrical engineering teaching in an engineering school, university, college, academy or institute duly constituted and recognized as such by the Government or the state in which it is established may be regarded as active practice of electrical engineering of responsible character.

Section 17. Qualifications of applicant for Associate Electrical Engineer. � Any person applying for examination and for a certificate of registration as associate electrical engineer shall, prior to admission to examination, establish to the satisfaction of the board:

(a) That he is at least twenty-five years of age;

(b) That he is of good reputation and moral character; and

(c) That he has completed the high school course or its equivalent;

(d) That he has graduated in electrical engineering from a university, school, college, academy, or institute duly constituted and recognized as such by the Government or the state in which it is established after completing a resident collegiate course of not less than four years and, in addition, has a specific record of two years or more of active practice in electrical engineering of responsible character indicating that the applicant is competent to take charge of or supervise any electrical construction or installation, or the operation, tending and maintenance of any electric generating plant, or take charge of the sale or distribution of any electric supply or utilization equipment requiring engineering calculations and/or application of engineering principles and data; or

(e) That he has a specific record of eight years or more of active practice in electrical engineering of responsible character indicating that the applicant is competent to take charge of or supervise any electric construction or installation or the operation, tending and maintenance of any electric generating plant, or take charge of the sale or distribution of any electric supply or utilization equipment requiring engineering calculations and/or application of engineering principles and data: Provided, however, That experience on installation or writing of utilization equipment only shall not be considered as complying with the requirements of this paragraph.

In considering the qualifications of applicants, being in charge of electrical engineering teaching in an engineering school, university, or college, academy or institute duly constituted and recognized as such by the Government or the state in which it is established, may be regarded as active practice in electrical engineering of responsible character.

Section 18. Qualifications of applicant for Assistant Electrical Engineer. � Any person applying for examination and for a certificate of registration as assistant electrical engineer shall, prior to admission to examination, establish to the satisfaction of the board:

(a) That he is at least twenty-three years of age;

(b) That he is of good reputation and moral character;

(c) That he has completed the high school course or its equivalent;

(d) That he has graduated in electrical engineering from a university, school, college, academy or institute duly constituted and recognized as such by the Government or the state in which it is established after completing a collegiate course of not less than four years.

Section 19. Qualifications of applicant for Master Electrician. � Any person applying for examination and for a certificate of registration as master electrician shall, prior to admission to examination, establish to the satisfaction of the board:

(a) That he is at least twenty-three years of age;

(b) That he is of good reputation and moral character;

(c) That he has graduated in an electrical course of instruction from a vocational or trade school or a correspondence school of well known standing and, in addition, has a specific record of at least three years of practice of such character as to indicate that he is competent to take charge of or supervise any electric wiring or installation or utilization equipments; or

(d) The he has completed a four-year high school education or its equivalent and, in addition, has a specific record of at least five years of practice in electric wiring or installation of utilization equipment.

Sec. 20. Holding of examinations. � Examinations for candidates desiring to practice electrical engineering in the Philippines shall be given twice a year in the City of Manila and other places where conditions may warrant, on such working days as the board may fix with the approval of the Secretary of Public Works and Communications. Written or printed notice of such examination shall be mailed to each candidate who has filed his name and address with the Secretary of the Board, at least thirty days prior to the date of the first day of examination.

Sec. 21. Scope of examination. � (a) The examination for the professional electrical engineer grade shall cover questions relating to the production, transmission, distribution and application of electrical energy to power and communication to determine if the applicant has sufficient knowledge to insure safety to life, health and property as well as economy in the design, construction, installation, maintenance, organization and management of electric generating plants and other projects wherein electric supply or utilization equipment are called for and also questions on rules and regulations embodied in the latest editions of the National Safety and Electrical Codes of the United States or of the Philippines as may be adopted: Provided, however, That the board may, if it deems it further necessary, test the knowledge of an applicant on the following fundamental subjects; mathematics, including differential and integral calculus, and the use of complex notation in electrical engineering problems, rational and applied mechanics, surveying, geology, and foundations, hydraulics, resistance of materials and construction materials, electrical circuits and machinery, electronics and their application to electrical communication and industry: Provided, finally, That the examination for the grade of assistant electrical engineer shall be limited to the above fundamental subjects only and to question on rules and regulations embodied in the latest edition of the National Safety and Electrical Codes of the United States or of the Philippines as may be adopted.

(b) Subjects of examination for Associate Electrical Engineer. � Strength of materials used in electrical constructions, including foundations, question on the installation, erection, operation ending and maintenance of electric generating plants, lines and other electric supply equipments, knowledge of standard materials used in electrical installations and of the approved methods of construction, knowledge of the rules and regulations embodied in the latest editions of the National Safety and Electrical Codes of the United States or of the Philippines as may be adopted.

(c) Subjects of examination for Master Electrician. � Practical applications of Ohm's Law, knowledge of standard materials used in electric wiring or installation of utilization equipments and of the approved methods of construction, knowledge of the rules and regulations embodied in the latest editions of the National Electrical Code of the United States or of the Philippines as may be adopted, applicable to electric wiring or installation of utilization equipment, reading of wiring plans and interpretation of standard symbols used.

Sec. 22. Report of ratings. � The Board of Electrical Engineering Examiners shall, within one hundred twenty days after the date of completion of the examinations, report the ratings obtained by each candidate to the Commissioner of Civil Service, who shall submit such ratings to the Secretary of Public Works and Communications for approval.

Sec. 23. Reexamination. � An applicant who for the third time fails to pass the examination for the same grade shall not be allowed to take another until at least one year has elapsed after the examination.

Sec. 24. Registration as Professional Electrical Engineer without examination. � Certificates of registration as professional electrical engineer without examination shall be issued to the members of the first board of electrical engineering examiners appointed under the provisions of this Act.

No examination shall be required of any person who shall, with his application for registration as professional electrical engineer, present evidence or other proof satisfactory to the board that, on the date of the approval of this Act, he had a specific record of four years or more of active practice in electrical engineering, of responsible character indicating that he may be entrusted to perform or render professional electrical engineering in its full scope as defined in section thirteen and if he possesses any of the following qualifications:

(a) Had passed a civil service examination for senior electrical engineer; or

(b) Was an electrical engineer duly licensed by the Board of Examiners for Electrical Engineers under Act Numbered Two thousand nine hundred eighty-five of the Philippine Legislature of nineteen hundred twenty-one as amended.

Sec. 25. Registration as Associate Electrical Engineer without examination. � No examination shall be required of any person who shall, with his application for registration as associate electrical engineer, present evidence or other proof satisfactory to the board showing that, on the date of the approval of this Act, he had any of the following qualifications:

(a) A specific record of ten years or more of active practice in electrical engineering of responsible character, indicating that the applicant may be entrusted to take charge of or supervise any electrical construction or installation, or the operation, tending and maintenance of any electric generating plant, or take charge of the sale or distribution of any electric supply or utilization equipment requiring engineering calculations and/or application of engineering principles and data and has the first three qualifications specified in section seventeen, or

(b) Had passed a civil service examination for senior or assistant electrical engineer or was an electrical engineer duly licensed by the Board of Examiners for Electrical Engineers under Act Numbered Two thousand nine hundred eighty-five of the Philippine Legislature of the year nineteen hundred and twenty-one as amended and has a specific record of two years or more of active practice in electrical engineering of responsible character indicating that the applicant may be entrusted to take charge of or supervise any electrical construction or installation, or the operation, tending and maintenance of any electric generating plant, or take charge of the sale or distribution of any electric supply or utilization equipment requiring engineering calculations and/or application of engineering principles and data: Provided, however, That persons registered as associate electrical engineer by virtue of the qualifications enumerated in this paragraph (b) shall not be required to undergo further examination when applying for a certificate of registration as professional electrical engineer after fulfilling the engineering experience required for that grade.

Sec. 26. Registration as Assistant Electrical Engineer without examination. � No examination shall be required of any person who shall, with his application for registration as assistant electrical engineer, present evidence or other proof satisfactory to the board showing that, on the date of approval of this Act, he had any of the following qualifications:

(a) Had passed a civil service examination for senior or assistant electrical engineer, or

(b) Was an electrical engineer duly licensed by the Board of Examiners for Electrical Engineers under Act Numbered Two thousand nine hundred and eighty-five of the Philippine Legislature of the year nineteen hundred and twenty-one, as amended; Provided, That persons registered as assistant electrical engineers by virtue of the qualifications enumerated in paragraphs (a) and (b) of this section shall not be required to undergo further examination when applying for certificate of registration as professional electrical engineer or associate electrical engineer after fulfilling the engineering experience required respectively for those grades.

Sec. 27. Registration as Master Electrician without examination. � Certificate of registration as master electrician without examination shall be issued to any applicant who shall, with his application for registration as master electrician, present evidence or other proof satisfactory to the board that, on the date of the approval of this Act, he had any of the following qualifications:

(a) Had passed a civil service examination for electrical inspector or its equivalent, or

(b) Was practicing as licensed electrical contractor in chartered cities having ordinances which require examination for obtaining a license as contractor for electrical installations: Provided, however, That the applicant is still holding a valid license on the date his application is submitted to the board.

Sec. 28. Issuance of certificates. � The Secretary of Public Works and Communications shall, upon recommendation of the board issue a certificate of registration upon payment of the registration fee as provided for in this Act to any applicant who, in the opinion of the board and after approval of the Secretary of Public Works and Communications, has satisfactorily met all the requirements specified in this Act for the particular grade for which he is registering.

All certificates of registration shall show the full name of the registrant; shall have a serial number and shall be signed by all members of the board, the Secretary of Public Works and Communications and the Commissioner of Civil Service, and shall be attested by the official seal.

The issuance of a certificate of registration by the board to a registrant shall be evidence that the person named therein is entitled to all the rights and privileges of a registered professional electrical engineer, associate electrical engineer, assistant electrical engineer, or master electrician, as the case may be, while said certificate remains unrevoked or unsuspended.

Sec. 29. Seal of Professional Electrical Engineer. � Each registrant for the grade of professional electrical engineer shall, upon registration, obtain a seal of a designed 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 registrant, shall be stamped on every sheet with said seal when filed with Government authorities or when submitted or used professionally: Provided, however, That it shall be unlawful for any one to stamp or seal any document with said seal after the certificate of the registrant named therein has been revoked or suspended unless said certificate shall have been reinstated or reissued.

Sec. 30. Fees for examination and registration. � Every applicant for examination for the grade of professional electrical engineer, or associate electrical engineer, or assistant electrical engineer, shall pay an examination fee of thirty pesos and, for the grade of master electrician, a fee of twenty pesos.

Every registrant for the grade of professional electrical engineer or associate electrical engineer or assistant electrical engineer shall pay a registration fee of ten pesos and, for the grade of master electrician, a fee of five pesos: Provided, however, That when the applicant is registered without examination, for the grade of professional electrical engineer or associate electrical engineer or assistant electrical engineer he shall pay a registration fee of twenty-five pesos and, for the grade of master electrician, a fee of fourteen pesos.

Sec. 31. Refusal to issue certificate. � The Board of Electrical Engineering Examiners shall refuse to issue certificate of registration to any person convicted by a court of competent jurisdiction 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 record of the board.

Sec. 32. Suspension and revocation of certificates. � The board shall have the power, upon proper notice and hearing, to suspend and revoke any certificate of registration of any registrant for any cause specified in the preceding section, or for the use or perpetration of any fraud or deceit in obtaining a certificate of registration, or for gross negligence or incompetency or for unprofessional or dishonorable conduct: Provided, however, That the action of the board shall be subject to appeal to the Secretary of Public Works and Communications whose decision shall be final.

It shall be sufficient ground for the revocation of a certificate issued to a person under this Act, for unprofessional or dishonorable conduct, if: (1) he has signed and affixed his seal on any plans, designs, technical reports, valuation, specification, estimate or other similar documents or work not prepared by him or not executed under his immediate supervision or (2) has represented himself as having taken charge of or supervise any electrical construction or installation, or the operation, tending and maintenance of any electric generating plant or in charge of the sale or distribution of any electric supply or utilization equipment requiring engineering calculation and/or application of engineering principles and data, without actually having done so.

Any person, firm, association or corporation, may prefer charges in accordance with the provisions of this section against any registrant, or the board may motu proprio investigate and/or take cognizance of acts and practices constituting sufficient 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 secretary of the board.

Sec. 33. Reissue of revoked certificates and replacement of lost certificates. � The board may, after the expiration of one year from the date of revocation of a certificate, for reasons it may deem sufficient, entertain an application for a new certificate of registration from a person whose certificate has been revoked, in the same manner as application for original ones, and in doing so it may, in its discretion, 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, and a charge of five pesos shall be made for such issuance.

Sec. 34. Special permits. � The board may, in its discretion and subject to the approval of the Secretary of Public Works and Communications, issue special permit for the practice in a specified line, branch or activity of electrical engineering for a specific design, investigation or construction project or in a specified plant or organization to any person already holding a valid certificate of registration issued by a Board of Engineering Examiners in the Philippines who shall, with his application, present evidence or other proof satisfactory to the board indicating that he is competent to perform the service or activity for which he applies for said permit and that the issuance of such permit is necessary and will not jeopardize the interest of any person duly registered for the practice of electrical engineering under this Act.

Special permit to take charge of or supervise the operation, tending and maintenance of any electric generating plant for public utility or for use in connection with the operation of a public utility or convenience employing voltages not exceeding 250 volts, or a special permit to take charge of or supervise the construction, installation and/or operation of any electric supply equipment for public service communication or signalling or the construction, installation and/or operation of X-ray or electronic equipment for public use requiring the employment of dangerous voltages, may also be granted to any person who shall with his application, present evidence or other proof satisfactory to the board showing that he may be entrusted to perform the duties and responsibilities of the position for which the permit is desired and that he has been rendering satisfactory service in connection therewith without any serious accident as certified by his employer for a period of not less than three years: Provided, however, That the permit shall be valid only for the specific purpose for which it is issued which shall be stated in detail in the said permit.

All special permits shall be subject to all the provisions and requirements of this Act and the rules and regulations which may be adopted by the board pertaining to certificates of registration, and may be suspended, revoked or reissued by the board in the manner prescribed for certificates of registration. Any person who has been granted a special permit shall, for purposes of compliance with the provisions of this Act, be considered as registered in the Board of Electrical Engineering Examiners while said permit is still valid.

A fee of ten pesos shall be collected for the issuance of a special permit and no person shall hold more than one permit at one time.

ARTICLE III
Sundry Provisions Relative to the Practice of Electrical Engineering

Sec. 35. Prohibitions in the practice of electrical engineering. � Any person who shall practice or offer to practice electrical engineering in the Philippines without being registered or exempted from registration in accordance with the provisions of this Act, or any person presenting or attempting the use as his own the certificate of registration or the seal of another, or any person who shall give any false or forged evidence of any kind to the board or to any member thereof in obtaining a certificate of registration, or any person who shall falsely impersonate any registrant of like or different name, or any person who shall attempt to use a revoke or suspended certificate of registration, or any person who shall use in connection with his name or otherwise assume, use or advertise any title or description tending to convey the impression that he is an electrical engineer or that he is registered under any of the grades enumerated in section eleven of this Act without holding a valid certificate of registration for that grade, or 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 one hundred pesos nor more than one thousand pesos, or to suffer imprisonment for a period not exceeding three months, or both, in the discretion of the court.

Sec. 36. Field of action authorized for each grade; prohibitions. � It shall be unlawful for any person, unless exempted from registration under section fourteen of this Act:

(a) To practice, perform or render electrical engineering service in its full scope as defined in section thirteen unless he holds a valid certificate of registration as professional electrical engineer;

(b) To take charge of or supervise any electrical construction or installation, or the operation, tending and maintenance of any electric generating plant; or to take charge of the sale or distribution of any electric supply or utilization equipment requiring engineering calculations and/or application of engineering principles and data unless he holds a valid certificate of registration as professional electrical engineer or associate electrical engineer;

(c) To take charge of or supervise the operation, tending and maintenance of any electric generating plant employing voltages up to 4,800 volts, or to take charge of or supervise any electric wiring or installation of utilization equipment unless he holds a valid certificate of registration as professional electrical engineer, associate electrical engineer, or assistant electrical engineer;

(d) To take charge of or supervise the operation, tending and maintenance of any electric generating plant employing voltages up to 750 volts, or to take charge of or supervise any electric wiring or installation of utilization equipment unless he holds a valid certificate or registration as professional electrical engineer, associate electrical engineer, assistant electrical engineer, or master electrician;

(e) To take charge of or supervise the operation, tending and maintenance of any electric generating plant for public utility or for use in connection with the operation of a public utility or convenience employing voltages up to 250 volts unless he holds a valid certificate of registration as professional electrical engineer, associate electrical engineer, assistant electrical engineer, or master electrician or a valid special permit;

(f) To take charge of or supervise the construction or installation of any electric supply equipment for public service communication or signalling or for X-ray or electronic equipment requiring the employment of dangerous voltages unless he holds a valid certificate of registration as professional electrical engineer or associate electrical engineer or assistant electrical engineer or a valid certificate of special permit.

Sec. 37. Personnel required in electric generating plants. � Except as otherwise provided in this Act, every generating plant in operation shall have not less than the following complement of resident engineers or persons holding valid special permits:

(a) Electric generating plants of any capacity for public utility or for use in connection with the operation of a public utility or convenience employing voltages up to 250 volts: one professional electrical engineer, or one associate electrical engineer, or one assistant electrical engineer, or one master electrician, or one person with valid special permit;

(b) Electric generating plants of any capacity employing voltages up to 750 volts: one professional electrical engineer, or one associate electrical engineer, or one assistant electrical engineer, or one master electrician;

(c) Electric generating plants of any capacity employing voltages up to 4,800 volts: one professional electrical engineer, or one associate electrical engineer, or one assistant electrical engineer;

(d) Electric generating plants of any capacity employing voltages above 4,800 volts: one professional electrical engineer in charge of the complete establishment and one associate electrical engineer for each substation of the complete establishment:

Provided, however, That in all the above cases, additional qualified subordinate personnel shall be required commensurate with the exigencies of efficient operation and service and the safeguarding of public welfare, life and property.

Sec. 38. Provisions affecting preparation of plans, supervision of construction, permits for construction, application of the National Electrical Code. � It shall be unlawful for any person not authorized under this Act to draw up plans, designs, and/or specifications for any electrical construction or installation of project; and no electrical construction or installation shall be undertaken unless plans, designs, and/or specifications have been prepared under the responsible charge of, and signed and sealed by, a professional electrical engineer and a construction permit for the execution thereof secured, and unless the work is executed under the responsible charge or supervision of a professional electrical engineer or associate electrical engineer or assistant electrical engineer or master electrician in conformity with the field of action authorized for each grade, or a person with valid special permit or exempt from registration under subsections (b), (c) and (d) of section fourteen of this Act and all requirements of the Government agency, if any, exercising jurisdiction over the particular construction or installation have been complied with.

(For the purpose of coordinating the work in carrying into effect the provisions of this Act and, except as otherwise provided, the safety inspectors of the Bureau of Labor or such district or city engineers or other government agents as the Secretary of Labor may designate shall enforce the requirement of this Act pertaining to the installation, operation, tending and maintenance of electric generating plants and pass upon applications for electrical construction or installation within their respective districts in all cases which are not acted upon by the Public Service Commission and issue the corresponding permits if the plans and/or specifications submitted are in conformity with the requirements of this section.)

Provided, however, That the submission of plans may be waived in application for electric construction or installation for lighting and/or household appliances utilizing electrical energy involving the installation of twenty outlets or less; or for power or heat applications utilizing electrical energy not exceeding four kilowatts; or for telephone installations, on condition that such applications include a layout sketch of the proposed construction or installation with a list of the materials and devices to be used and a signed statement to the effect that it shall conform with the rules and regulations of the National Electrical Code of the United States or of the Philippines as may be adopted:

Provided, further, That the Secretary of National Defense and the Collector of Customs, respectively, shall enforce the requirements pertaining to the installation, operation, tending and maintenance of electric generating plants in radio stations and in conveyances used in connection with water transportation and also respectively, shall regulate electrical constructions or installations of equipment for radio communications and for conveyances used in connection with water transportation:

Provided, finally, That the Collector of Internal Revenue shall enforce the requirements of this Act checking the licenses of persons in charge of the sale or distribution of any electric supply or utilization equipment requiring engineering calculation and/or application of engineering principles and data.

All applications for electrical construction permits including the plans and/or layouts or statements shall be filed for reference.

Sec. 39. Application to firms and corporations. � A firm or a co-partnership, or corporation, or an association may engage in the practice of electrical engineering in the Philippines provided only that such practice is carried on be duly licensed and registered electrical engineers, associate electrical engineers, assistant electrical engineers, or master electricians in conformity with the field of action authorized respectively for each grade under this Act; or by persons exempt from registration under subsections (c) and (d) of section fourteen of this Act.

In case of a firm, co-partnership, corporation, association, society or company, the manager, administrator or the person who has charge of the management or administration of the business shall be held personally liable for violation of this Act.

Sec. 40. Posting of certificates. � The owner, manager or other person in charge of any electric generating plant, or of a firm, co-partnership, corporation or joint stock association shall post or cause to be posted in a conspicuous place within such plant or establishment, the certificate of registration of the engineer or engineers, associate, assistant and master electrician employed in such a plant or establishment, in a frame protected by transparent glass or equivalent.

Sec. 41. Roster of electric engineers and electricians. � A roster showing the names and place of business of all registered professional electrical engineers, associate electrical engineers, assistant electrical engineers, and master electricians shall be prepared by the Commissioner of Civil Service during the month of July every year, commencing one year after the date this Act becomes effective. Copies of this roster shall be mailed to each person so registered, place on file with the Secretary of Public Works and Communications and copies furnished to all department heads to the mayors of all chartered cities, the Director of Public Works, to the office of the Public Service Commission, to the Collector of Customs, to such other bureaus or government agencies and provincial and municipal authorities as may be deemed necessary and to the public upon request.

Sec. 42. Foreign reciprocity. � No foreign engineer shall be admitted to 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.

Sec. 43. 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, of 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.

Sec. 44. Act not effecting other professions. � This Act shall not be construed to affect or prevent the practice of any other legally recognized profession.

ARTICLE IV
Final Provisions

Sec. 45. The sum of two thousand pesos is hereby appropriated out of any funds in the National Treasury not otherwise appropriated, to be disbursed by the Secretary of Public Works and Communications in accordance with the provisions of this Act. All sums collected in accordance with this Act shall be paid into the National Treasury as part of the general funds thereof: Provided, That during the first twelve months of the operation of this Act, any portion of the sums collected may be used for the purpose of this Act to cover disbursements in excess of the amount appropriated herein.

Sec. 46. All 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 the provisions of this Act including Act Numbered Twenty-nine hundred and eighty-five as amended shall be and are hereby repealed.

Sec. 47. This Act shall take effect upon its approval except sections thirty-five to forty, inclusive, which shall take effect one year after this Act becomes effective.

Approved: June 21, 1947





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