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CHAPTER 8
LAWS AND ETHICS
GENERAL ENGINEERING & APPLIED SCIENCES
OBLIGATIONS Obligation is a juridical necessity to give, to do or not to do. It comes from the Latin word obligare which means to bind. GENERAL PROVISIONS Nature of obligations under Civil Code Civil Obligations legally demandable and the courts of justice may compel their performance. Natural Obligations based on morality, natural law and conscience, they are not legally demandable.
Requisites of Obligations Juridical or legal tie the vinculum or the link that binds the party Prestation - consist in giving, doing or not doing something Active subject person who can demand the performance of the obligation or known as the creditor or oblige Passive subject the person from whom prestation is demandable or known as the debtor or obligor Illustration: A entered into a contract with B whereby A agreed to deliver to B a washing machine on Monday. The juridical tie is the contract, the prestation is the delivery of the washing machine, the active subject is B, and the passive subject is A. Sources of Obligations Law imposed by the law itself Illustration: By provision of law, a husband and wife are obliged to live together, observe mutual respect and fidelity, and render mutual help and support. Contracts the meeting of minds between two persons whereby one binds himself with respect to the other to give something or to render service. 283
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GEAS
Quasi-contracts the act of a person, permitted by law, by which he obligates himself towards another, or by which another binds himself to him, without any agreement between them. Illustration: Suppose A owes B the sum of P50.00, but by mistake A pays B the amount of P100.00. In this case, B must return to A the P50.00 because as to the excess, that is payment of something not owing (Solutio Indebiti).
Acts or omissions punished by law refers to a crime or a penal offense, like murder. Illustration: Supposing A kills B. If the court finds that A is guilty, A will be sentenced either to imprisonment or death, depending on the gravity of the offense.
Quasi-delicts a legal wrong, committed through fault or negligence, on a person or property, independent of contract. Illustration: Supposing Maria, while watering her flower pot in her house, negligently caused the same to fall, hitting Jose who suffered injuries. Maria is then obliged to pay for the damage sustained by Jose. Requisites of Quasi-delicts An act or omission; Accompanied by fault or negligence; Causing damage to another; There must be no pre-existing contractual relation between the parties.
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GENERAL ENGINEERING AND APPLIED SCIENCES

PART II LAWS and ETHICS
DIFFERENT KINDS OF OBLIGATIONS Pure and Conditional Obligations Pure Obligations one which is not subject to conditions nor does it mention a specific date for its fulfillment
Illustration: Juan obliged himself Pedro.
to
deliver
refrigerator
to
Conditional Obligations is one which is subject to a condition Two Kinds of Conditions Suspensive Condition a condition which suspends the demandability of the obligation until the fulfilment of the condition. Illustration: I will give examinations.
you
car
if
you
pass
the
ECE
Resolutory Condition produces the extinguishment of an obligation upon the happening of the event. Illustration: I will let you use my car until you finish your course in business administration.
Obligations With a Period those whose consequences are subjected in one way or the other to the expiration of said term. Illustration: A borrowed money from B in the amount of P50.00 promising to pay the amount as soon as possible. If later on, they cannot agree on the specific date of payment, the remedy of B is to go to court and ask the court to fix the date when the debt is to be paid.
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Kinds of Period Ex die a period with suspensive effect In diem a period with a resolutory effect and the validity of obligation is up to a certain date Other Kinds: Legal period period established by law Voluntary period period agreed to by the parties Judicial period period authorized by the court Alternative Obligations is one wherein various things are due, but the payment of one of them is sufficient, determined by the choice which as a general rule belongs to the obligor. Illustration: Marc obliged himself to deliver to Edwin either a piano or a refrigerator. The delivery of the piano or the refrigerator is sufficient compliance with the obligation. Marc could not compel Edwin to accept only a part of the piano or a part of the refrigerator because in alternative obligations complete performance of one of the prestations is necessary. Joint and Solidary Obligations Joint Obligations is one which each of the debtors is answerable only for a proportionate part of the debt and each one of the creditors is entitled to a proportionate part of the credit. Illustration: Juan and Pedro are jointly indebted to Jose the amount of P100.00. As such, Juan is liable to Jose for the amount of P50.00 only, while Pedro is also liable to Jose for the same amount of P50.00. Jose, the creditor, is entitled to demand from Juan and Pedro P50.00 each. Solidary Obligations is one which each of the debtors is liable for the whole obligation and each of the creditors may demand compliance of the entire obligation.
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Illustration: Juan and Pedro are the solidary debtors of Jose for the amount of P100.00. Hence either of them may be compelled by Jose to pay the whole amount of P100.00. So Jose can demand from Juan the amount of P100.00. Jose can also demand from Pedro the amount of P100.00. However, if Juan pays P100.00, then the obligation is extinguished and the paying debtor (Juan) is entitled to be reimbursed by his co-debtor (Pedro) for his part of the debt, which is P50.00. Kinds of Solidarity Active Solidarity when the solidarity exists among the creditors only. Passive Solidarity when the solidarity takes place among the debtors only. Mixed Solidarity when the solidarity exists both among the creditors and the debtors at the same time. Divisible and Indivisible Obligations Divisible Obligation is one which is capable of partial performance. Illustration: Juan obliged himself to deliver to Pedro six sacks of rice as follows: Three sacks of rice to be delivered by Juan on May 1st, and Pedro to pay Juan the amount of P150.00. Another three sacks of rice to be delivered by Juan on June 1st, and Pedro to pay Juan the same amount of P150.00. The obligation of Juan to Pedro to deliver rice is divisible because the parties intended partial performance. Indivisible Obligation is one which is not capable of partial performance. Illustration: In the preceding example, if Juan and Pedro agreed that all the six sacks of rice should be deliver on May 1st, then notwithstanding that the object of the obligation is physically divisible. Nevertheless, it is indivisible because the parties intended complete performance at one given time. Juan, therefore, must deliver all the six sacks of rice on May 1st. he cannot deliver two or three or even five, because that case the delivery still constitutes partial performance.
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GEAS
Three Classes of Divisions Qualitative depends on quality rather than quantity Quantitative depends on quantity rather than quality Ideal also known as moral, intellectual or mental division
Obligations With a penal Clause Definition of Penal Clause an accessory undertaking to assume greater liability in case of a breach. Illustration: A stipulation in the contract for the sale of a residential lot, that the vendee would complete within two years from the date of the sale 50% of his residence on the lot, and, in the event of failure to do so, the vendee would pay the vendor the sum of P10,000.00. Two Classifications of Penal Clause Subsidiary when only the penalty can be demanded Illustration: A binds himself to deliver to B a Honda Civic car at the end of the current year. They agree in writing that should A fail to deliver the car on a specified date, A shall pay B as penalty P10,000.00. A fails to make the delivery. B could demand the payment of P10,000.00 against A. B, however could not compel A to deliver the car and pay the penalty at the same time. The payment of the penalty takes the place of the principal obligation. Joint when both the principal contract and the penal clause can be enforced Illustration: A borrowed from B the amount of P100.00 payable on October 10, 2007. They agreed further that should A fail to pay the amount on the said date, A shall pay B the amount of P10.00 as penalty. On October 288
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10, 2007, A failed to pay B. In such case, B could go to the court and demand payment of the principal amount of P100.00 and also the penalty of P10.00. However, if the penalty is iniquitous, merciless and shocking to conscience, it shall not be enforced. Instead it may be reduced by the court. EXTINGUISHMENT OF OBLIGATIONS By Payment or Performance payment means not only the delivery of money but also the performance, in any other manner, of an obligation. By the loss of the thing due when it perishes or goes out of commerce or disappears in such a way that its existence is unknown or it cannot be recovered. By the condition or remission of the debt it is an act of liberality by which the oblige, who receives no price or equivalent thereof, renounces the enforcement of the obligation, which is extinguished in its entirely or in that part or aspect of the same to which the remission refers. Kinds of Condonation or Remission Complete when the enforcement of the obligation is waived or renounced totally Partial when the waiver or renunciation refers only to a part of the obligation. Express when it is shown by words or declaration of the obligee. Implied when it is inferred from the acts or conduct of the obligee. By the confusion or merger of the rights of creditor and debtor it is the meeting in one person of the qualities of obligee and obligor with respect to the same obligation. By compensation takes place when two persons, in their own right, are creditors and debtors of each other. Kinds of Compensation Legal compensation takes place when compensation extinguishes the two debts in their concurrent amounts even without the express agreement of the parties. Voluntary compensation takes place when there is compensation by agreement of the parties as in the case of mutual set off of accounts.
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Judicial compensation takes place when the court permits the counterclaim of the defendant as against the claim of the plaintiff. Partial compensation takes place when the two obligations are of different amounts and a balance remains unextinguished after the compensation. Total compensation takes place when the obligations are of the same amount and compensation extinguishes the obligations entirely. Illustration: A is indebted to B in the amount of P100.00. On the other hand, B is also indebted to A in the amount of P100.00. Both debts are due. Compensation will take place because both are, in their own right, creditors and debtors of each other.
By novation it is the change, substitution, or renewal of an obligation or obligatory relation, with the intention of extinguishing or modifying essentially the former, debitum pro debito (new debt for old debt). Kinds of Novation Real novation the change in the object or principal conditions of the obligation. Illustration: A obliged himself to deliver to B a car. Subsequently, they entered into another contract whereby instead of A delivering a car, A would deliver a truck. The object of the obligation was changed, so the novation was a real novation. Personal novation another person is sustained in place of the debtor or he is subrogated to the rights of the creditor. Illustration: A is indebted to B in the amount of P100.00. A now requests B to accept C as debtor in his (As) place. If B accepts C as his new debtor, who assumes the obligation of A, then there is a novation by the substitution of the person of the debtor. If it is B who requests that he be changed by C and A agrees, then there is also novation 290
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this time by the subrogation of a third person in the place of the creditor. Mixed novation the change in the person of the parties and the objects or modification of principal condition. Illustration: A obliged himself to deliver to B a carabao. Subsequently A proposed that C would take his place but instead of delivering a carabao he would deliver a horse. If B and C agreed, then there was a mixed novation because the object of the obligation and the person of the obligor were changed.
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GEAS
CONTRACTS Contract is the meeting of the minds between two persons whereby one binds himself with respect to the other to give something or to render service. It comes from the Latin word contractus which signifies an agreement. GENERAL PROVISIONS Elements of Contracts Essential Elements consent of the parties object or subject matter cause or consideration
Natural elements are those the existence of which is presumed by law unless there is an agreement to the contrary Accidental elements consist of the unusual stipulation of the parties such as conditions, terms, etc.
Stages of a Contract: Preparation or Conception includes all the initial stages up to the time the parties agree upon the terms of the contract. Illustration: Juan offers to sell his horse to Pedro for P2,000.00. Pedro asks Juan to bring his horse to his place to enable him to see whether the horse is fit for carretela purposes. Juan brings the horse to Pedros place and the latter is allowed by Juan to use his horse in pulling Pedros carretela to enable the latter to see whether the horse has sufficient speed, is physically fit, etc. After trying the horse, Pedro bargains with Juan as to the price. Up to this stage, the parties are doing things leading to the meeting of the minds. Perfection or Birth the time when the minds of the parties meet in agreement upon the object or subject matter as well as to the price or consideration. Illustration:
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Juan agrees to receive P2,000.00 for his horse and Pedro agrees to take the horse for that amount. The contract here is perfected because there is already a meeting of the minds. Consummation or Termination Illustration: Juan delivers the horse to Pedro and the same is accepted. Pedro gives the amount P2,000.00 as purchase price and the latter receives it. In here, the contract is consummated and terminated. Classification of Contracts Express and Implied Contracts is one written in the intent of the parties is shown by words, oral or written. Executed and Executory Contracts Executed contract is one that has already been performed Executory contract is one that is not yet performed Consensual and Real Contracts Consensual contract is one perfected by mere consent Real contract is one perfected by the delivery of the thing which is the object of the contract Unilateral and Bilateral Contracts Unilateral contract only one of the parties has an obligation Bilateral contract both parties has an obligation Limitations upon the right to contract Contrary to law The parties to a contract cannot agree to an object or purpose which is against the law. Illustration: A, for and in consideration of P1,000.00, entered into a contract with B whereby the latter agreed to murder C. Against morals No contact may be entered into which is against virtuous conduct and ethical precept. 293
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GEAS
Illustration: A entered into a contract with B whereby for and in consideration of P1,000.00 the latter agrees to live with A without the benefit of marriage. Contrary to good customs The contracting parties are prohibited from entering into contracts which conflict with good and established practice or customs. Illustration: Pedro and Maria decided to get married on October 10, 2007. Invitations were printed and distributed to relatives and friends and apparel were purchased including matrimonial bed. Pedro, however walked out of it and was never heard of again. Contrary to public order Signifies the public weal which are permanent and essential in institutions. Illustration: An agreement that the creditor can use force or violence to compel the debtor to pay is contrary to public order. Contrary to public policy Refers not only to public safety but also to considerations which are moved by the common good. Illustration: A entered into a contract with B wherby A will not enter into any enterprise whatever in the Philippines. This is against public policy as it is a contract in restraint of trade. ESSENTIAL REQUISITES OF CONTRACTS Consent manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract Object of Contracts it may be things, rights and services Things must be within the commerce of men, must not be impossible, either physical or legally and must be determinate as to their kind.
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Rights may be transmissible or not transmissible. Examples of these rights are the right to vote, rights flowing from a contract of marriage, parental authority, etc.
Cause of Contracts the immediate, direct and proximate reason which justifies the creation of an obligation thru the will of the contracting parties. Illustration: Juan offers to sell to Jose his only white horse for P500.00. Jose accepts the offer. Here, the consent of the parties is manifested by the concurrence of their wills as to the white horse and as to the price. The object is the white horse and the cause is P500.00.
Classification of Contracts as to its Cause Onerous Contract the cause is the mutual undertaking or promise of either of the contracting parties. Illustration: Juan sells his car to Pedro for P10,000.00.This contract of sale creates a reciprocal obligation in both parties. Juan is obliged to deliver the car to Pedro and the latter is obliged to pay Juan the purchase price of P10,000.00. Remunetory Contract the cause is the service or benefit for which the remuneration is given. Illustration: Juan is accused for a crime in court. He retains the services of Atty. Dela Cruz as his defense counsel for P5,000.00. The P5,000.00 to be given by Juan to Atty. Dela Cruz is for the professional services of Atty. Dela Cruz. Gratuitous Contract the cause is the pure liberality of the giver. Illustration: Pedro donated a parcel of land to the municipality of Naic, Cavite, to be used as the municipal cemetery without receiving any valuable consideration for the same. Here, the cause of the contract of donation is the mere liberality of Pedro, the benefactor.
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GEAS
Requisites of a valid cause or consideration The cause must be in existence. That the cause must be lawful and not contrary to law, morals, good customs, public policy, and The cause must be true because the statement of a false cause renders the contract void. REFORMATION OF INSTRUMENTS Reformation is a remedy in equity by means of which a written instrument is made or construed so as to express or conform to the real intention of the parties when some error or mistake has been committed. Requisites of Reformation There is a valid contract; The contract is in writing; The written contract fails to express the true intention of the parties The failure of the written contract to express the true intention is due to mutual mistake, fraud, inequitable conduct, or accident. DEFECTIVE CONTRACTS Types of Defective Contracts Rescissible Contract it has all the essential requisites of a contract and the contract itself is valid, but by reason of injury or damage to third persons, such as creditors, the contract may be rescinded. Example of rescissible contracts Those which are entered into by guardians whenever the wards whom they represent suffer lesion by more than one-fourth of the value of the things which are the object thereof; Those agreed upon in representation of absentees if the latter suffer the lesion stated in the preceding number; Those undertaken in fraud of creditors when the latter cannot in any other manner collect the claims due them; Those which refer to things under litigation if they have been entered into by the defendant without the knowledge and approval of the litigants or of competent judicial authority; All other contracts specially declared by law to be subject to rescission.
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Lesion damage or injury suffered by the party seeking rescission by reason of the fact that the price is unjust or inadequate Voidable Contracts is one that possesses all the essential requisites of a valid contract, namely, consent, object and cause or consideration. It is a valid contract until it is annulled. Contracts that is voidable even though there may have been no damage to the contracting parties Those where one of the parties is incapable of giving consent to a contract; Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud. Unenforceable Contracts a contract is said to be unenforceable when it cannot be sued upon or enforced in court unless it is ratified. The following contracts are unenforceable unless they are ratified Those entered into the name of another person by one who has been given no authority or legal representation, or who has acted beyond his powers; Those that do not comply with the statute of frauds as set forth in this number. In the following cases an agreement hereafter made shall be unenforceable by action, unless the same, or some note or memorandum thereof, be in writing, and subscribed by the party charged, or by his agent; evidence, thereof, of the agreement cannot be received without the writing, or a secondary evidence of its contents. Those were both parties are incapable of giving consent to a contract. Void or Inexistent Contracts one which is absolutely without legal force or effect. It is not susceptible of ratification. Contracts that are inexistent and void from the beginning Those whose cause, object or purpose is contrary to law, morals, good customs, public order or public policy; Those which are absolutely simulated or fictitious; Those whose cause or object did not exist at the time of the transaction; Those whose object is outside the commerce of men; Those which contemplate an impossible service;
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GEAS

Those where the intention of the parties relative to the principal object of the contract cannot be ascertained; Those expressly prohibited or declared void by law.
Characteristics of void contracts Void or inexistent contracts produce no legal effects whatsoever. Void or inexistent contracts cannot be ratified. The right to set up the defense of inexistence or absolute nullity cannot be waived or renounced. The action or defense for the declaration of their inexistence or absolute nullity is imprescriptible. The inexistence or absolute nullity of a contract cannot be invoked by a person whose interests are not directly affected.
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DAMAGES Damages is the sum of money which the law awards or imposes as percuniary compensation, recompense, or satisfaction for an injury done or a wrong sustained as a consequence either of a breach of a contractual obligation or a tortious act. Injury Denotes the illegal act Types of Damages Actual or Compensatory Damages damages that cover actual injury or economic loss. It is intended to put the injured party in the position he was in prior to the injury. It typically includes medical expenses, lost wages and the repair or replacement of property. Moral Damages includes physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. Nominal Damages these are small and trivial sums awarded for a technical injury due to a violation of some legal right, and as a consequence of which some damages must be awarded to determine the right. Temperate or Moderate Damages Temperate damages are such damages as are reasonable compensation for the injury. They are more than nominal damages but less than compensatory damages and may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be proved with certainty. Liquidated Damages the amount of which has been agreed upon by the parties or fixed by the judgement of a competent court. Exemplary or Corrective Damages damages which are given in enhancement merely of the ordinary damages on account of wanton, reckless, malicious, or oppressive character of the acts complained of.
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GEAS
LAW MERCHANT Law Merchant is a branch of the unwritten law which was originally founded on the customs of merchants, mariners and business men generally in their dealings with one another throughout the civilized countries of the world. The following are considered to be merchants Those who, having legal capacity to engage in commerce, habitually devote themselves to it. Commercial or industrial companies which may be created in accordance with law. Legal qualifications of merchants Those who have completed the age of 21; Not being subject to the authority of the father or the mother, nor to marital authority and; Have the free disposition of their property. Persons not qualified to engage in commerce Persons sentenced to civil interdiction; Persons who have been declared bankrupts and; Persons who are prohibited from trading under special laws. Persons not qualified to engage in business: Officers and employees in the civil service, whether classified or unclassified, shall not engage in any private business, vocation, or profession, or be connected with any commercial undertaking, without written permission from the chief of the bureau or office in which they are serving, and of the President of the Republic or proper department head. The heads of departments and chiefs of bureaus or offices and their assistants shall not, during their continuance in office, engage in the practice of any profession or intervene, directly or indirectly, in the management or control of any private enterprise which in any way may be affected by the functions of their office; nor shall they, directly or indirectly, be financially interested in any contract with the Government, or any subdivision or instrumentality thereof.
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Registration of Merchants Bureau of Commerce for those merchants having their place of business in Manila Register of Deeds for those in the provinces Securities and Exchange Commission for corporations and all partnerships with a capital of three thousand pesos (P3,000.00) or more Bureau of Customs in the case of vessels, those more than 3 tons gross
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GEAS
TEST 8-1 1. A juridical necessity to give, to do, or not to do. A. B. C. D. 2. Contracts Obligation Quasi-delicts Condition
Obligation comes from the latin word ________ which means to bind. A. Obligum B. Obligate C. Obligare D. Obligus
3.
A legal wrong, committed through fault or negligence, on a person or property, independent of contract. A. B. C. D. Contracts Obligation Quasi-delicts Condition
4.
A nature of obligation under civil code which is legally demandable and the courts of justice may compel their performance. A. B. C. D. Civil Obligations Natural Obligation Pure Obligation Condition
5.
A nature of obligation under civil code based on morality, natural law and conscience, they are not legally demandable. A. B. C. D. Civil Obligations Natural Obligation Pure Obligation Condition
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6.
Requisites of obligations which is the vinculum or the link that binds the party A. Juridical or legal tie B. Prestation C. Active subject D. Passive subject Requisites of obligation consist in giving, doing or not doing something A. B. C. D. Juridical or legal tie Prestation Active subject Passive subject
7.
8.
Requisites of obligation that refers to a person who can demand the performance of the obligation or known as the creditor or oblige A. Juridical or legal tie B. Prestation C. Active subject D. Passive subject
9.
Requisites of obligation that refers to a person from whom prestation is demandable or known as the debtor or obligor A. B. C. D. Juridical or legal tie Prestation Active subject Passive subject
10. One of the following is not considered as a source of obligation. A. B. C. D. Law Contracts Quasi-delicts Work
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GEAS
11. The following are requisites of Quasi-delicts except A. An act or omission B. Accompanied by fault or negligence C. There must be no pre-existing contractual relation between the parties. D. Acts or omissions punished by law 12. An obligation which is not subject to conditions or burdens nor does it mention a specific date for its fulfilment and as such it is immediately demandable. A. B. C. D. Pure obligation Conditional obligation Reciprocal obligation Alternative obligation
13. An uncertain event which wields an influence on a legal relation. A. B. C. D. Pure obligation Condition Reciprocal obligation Alternative obligation
14. An obligation which is a subject to a condition. A. B. C. D. Pure obligation Conditional obligation Reciprocal obligation Alternative obligation
15. A kind of condition which suspends the demandability of the obligation until the fulfilment of the condition. A. B. C. D. Suspensive Condition Alternative obligation Reciprocal obligation Resolutory Condition
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16. A kind of condition that produces the extinguishment of an obligation upon the happening of the event. A. Suspensive Condition B. Alternative obligation C. Reciprocal obligation D. Resolutory Condition 17. An obligation whose consequences are subjected in one way or the other to the expiration of said term. A. Pure obligation B. Obligations with a period C. Reciprocal obligation D. Alternative obligation 18. A borrowed money from B in the amount of P50.00 promising to pay the amount as soon as possible. If later on, they cannot agree on the specific date of payment, the remedy of B is to go to court and ask the court to fix the date when the debt is to be paid. This illustrates: A. B. C. D. Pure obligation Obligations with a period Reciprocal obligation Alternative obligation
19. A kind of period with suspensive effect. A. B. C. D. Ex die In diem Legal period Voluntary period
20. A kind of period with a resolutory effect and the validity of obligation is up to a certain date A. B. C. D. Ex die In diem Legal period Voluntary period
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21. A period established by law. A. B. C. D. Ex die In diem Legal period Voluntary period
22. A period agreed to by the parties. A. B. C. D. Judicial period In diem Legal period Voluntary period
23. A period authorized by the court. A. B. C. D. Judicial period In diem Legal period Voluntary period
24. An obligation where two parties are mutually obliged to do or to give something. A. B. C. D. Pure obligation Condition Reciprocal obligation Alternative obligation
25. Marc obliged himself to deliver to Edwin either a piano or a refrigerator. The delivery of the piano or the refrigerator is sufficient compliance with the obligation. Marc could not compel Edwin to accept only a part of the piano or a part of the refrigerator because this illustrates: A. B. C. D. Pure obligation Condition Reciprocal obligation Alternative obligation
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26. An obligation wherein various things are due, but the payment of one of them is sufficient, determined by the choice which as a general rule belongs to the obligor. A. Pure obligation B. Condition C. Reciprocal obligation D. Alternative obligation 27. One in which each of the debtors is answerable only for a proportionate part of the debt, and each one of the creditors is entitled to a proportionate part of the credit A. Joint obligation B. Solidary obligation C. Divisible obligation D. Indivisible obligation 28. One in which each of the debtors is liable for the whole obligation and each of the creditors may demand compliance of the entire obligation. A. B. C. D. Joint obligation Solidary obligation Divisible obligation Indivisible obligation
29. A kind of solidarity when it exists among the creditors only. A. B. C. D. Active Solidarity Passive Solidarity Mixed Solidarity Solo Solidarity
30. When the solidarity takes place among the debtors only, it is called A. B. C. D. Active Solidarity Passive Solidarity Mixed Solidarity Solo Solidarity
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GEAS
31. When the solidarity exists both among the creditors and the debtors at the same time, this is called A. B. C. D. Active Solidarity Passive Solidarity Mixed Solidarity Solo Solidarity
32. An obligation which is capable of partial performance. A. B. C. D. Joint obligation Solidary obligation Divisible obligation Indivisible obligation
33. Juan obliged himself to deliver to Pedro six sacks of rice as follows: Three sacks of rice to be delivered by Juan on May 1st, and Pedro to pay Juan the amount of P150.00. Another three sacks of rice to be delivered by Juan on June 1st, and Pedro to pay Juan the same amount of P150.00. This illustrates: A. B. C. D. Joint obligation Solidary obligation Divisible obligation Indivisible obligation
34. A type division that depends on quality rather than quantity A. B. C. D. Qualitative Quantitative Ideal Moral
35. A type of division that depends on quantity rather than quality A. B. C. D. Qualitative Quantitative Ideal Mental
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36. A type of division also known as moral, intellectual or mental division A. Qualitative B. Quantitative C. Ideal D. All of the above 37. It is an accessory undertaking to assume greater liability in case of breach. A. B. C. D. Law Penal clause Stipulation Preceding
38. A binds himself to deliver to B a Honda Civic car at the end of the current year. They agree in writing that should A fail to deliver the car on a specified date, A shall pay B as penalty P10,000.00. A fails to make the delivery. B could demand the payment of P10,000.00 against A. B, however could not compel A to deliver the car and pay the penalty at the same time. This is ______ type of penal clause: A. B. C. D. Joint Subsidiary Solo Partial
39. A classification of penal clause when both the principal contract and the penal clause can be enforced. A. B. C. D. Joint Subsidiary Solo Partial
40. An obligation can be extinguished by the following except A. B. C. D. By Payment or Performance By the condition or remission of the debt By altering the signature By the loss of the thing due
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GEAS
41. An obligation which is not capable of partial performance. A. B. C. D. Joint obligation Solidary obligation Divisible obligation Indivisible obligation
42. A kind of remission when the enforcement of the obligation is waived or renounced totally. A. B. C. D. Partial Complete Express Implied
43. A remission when the waiver or renunciation refers only to a part of the obligation. A. Partial B. Complete C. Express D. Implied 44. A remission when it is shown by words or declaration of the obligee. A. B. C. D. Partial Complete Express Implied
45. A remission when it is inferred from the acts or conduct of the obligee. A. B. C. D. Partial Complete Express Implied
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46. A type of compensation that takes place when compensation extinguishes the two debts in their concurrent amounts even without the express agreement of the parties. Judicial compensation A. Legal compensation B. Voluntary compensation C. Judicial compensation D. Partial compensation 47. A type of compensation that takes place when there is compensation by agreement of the parties as in the case of mutual set off of accounts. A. Legal compensation B. Voluntary compensation C. Judicial compensation D. Partial compensation 48. A type of compensation that takes place when the court permits the counterclaim of the defendant as against the claim of the plaintiff. A. Legal compensation B. Total compensation C. Judicial compensation D. Partial compensation 49. A type of compensation that takes place when the two obligations are of different amounts and a balance remains unextinguished after the compensation. A. Legal compensation B. Total compensation C. Judicial compensation D. Partial compensation 50. A type of compensation that takes place when the obligations are of the same amount and compensation extinguishes the obligations entirely. A. Legal compensation B. Total compensation C. Judicial compensation D. Partial compensation
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51. A. novation where the principal conditions of the obligation is change. A. True novation B. Real novation C. Personal novation D. Substitute novation 52. A obliged himself to deliver to B a car. Subsequently, they entered into another contract whereby instead of A delivering a car, A would deliver a truck. This illustrates: A. True novation B. Real novation C. Personal novation D. Substitute novation 53. A novation where another person is sustained in place of the debtor or he is subrogated to the rights of the creditor. A. True novation B. Real novation C. Personal novation D. Substitute novation 54. A novation where there is a change in the person of the parties and the objects or modification of principal condition. A. Mixed novation B. Real novation C. Personal novation D. Substitute novation 55. It is the meeting of minds between two persons whereby one binds himself with respect to the other to give something or to render some service. A. Contracts B. Obligation C. Quasi-delicts D. Condition
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56. A contract comes from the Latin word ______ which signifies an agreement. A. Kontrus B. contractus C. Tractum D. contractumus 57. The following are considered to be the essential elements of contracts except A. consent of the parties B. object or subject matter C. cause or consideration D. effects to the subject 58. An element of contracts which refers to those the existence of which is presumed by law unless there is an agreement to the contrary A. Essential element B. Natural elements C. Accidental elements D. Unnatural elements 59. Refers to an element of contracts that consist of the unusual stipulation of the parties such as conditions, terms, etc. A. Essential element B. Natural elements C. Accidental elements D. Unnatural elements 60. A stage of a contract that includes all the initial stages up to the time the parties agree upon the terms of the contract. A. Preparation or Conception B. Perfection or Birth C. Consummation or Termination D. Deliberation
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61. A stage of a contract that refers to the time when the minds of the parties meet in agreement upon the object or subject matter as well as to the price or consideration. A. Preparation or Conception B. Perfection or Birth C. Consummation or Termination D. Deliberation 62. Juan agrees to receive P2,000.00 for his horse and Pedro agrees to take the horse for that amount. This refers to what stage of the contract A. Preparation or Conception B. Perfection or Birth C. Consummation or Termination D. Deliberation 63. Juan delivers the horse to Pedro and the same is accepted. Pedro gives the amount P2,000.00 as purchase price and the latter receives it. This is an example of what stage of the contract A. Preparation or Conception B. Perfection or Birth C. Consummation or Termination D. Deliberation 64. A contract wherein the intent of the parties is shown by words, oral or written. A. Express contract B. Implied contracts C. Executed contracts D. Executory contracts 65. A contract wherein the intent of the parties is shown by conduct. A. Express contract B. Implied contracts C. Executed contracts D. Executory contracts
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66. A contract that has already been performed. A. Express contract B. Implied contracts C. Executed contracts D. Executory contracts 67. A contract that has not yet performed. A. Express contract B. Implied contracts C. Executed contracts D. Executory contracts 68. A contract that is perfected by mere consent, such as a contract of sale. A. Consensual contract B. Bilateral contract C. Real contract D. Unilateral contract 69. A contract that is perfected by delivery of the thing which is the object of the contract. A. Consensual contract B. Bilateral contract C. Real contract D. Unilateral contract 70. A contract where only one of the parties has an obligation such as in commodatum or gratuitous deposit. A. Consensual contract B. Bilateral contract C. Real contract D. Unilateral contract 71. A contract that creates reciprocal obligations. A. Consensual contract B. Bilateral contract C. Real contract D. Unilateral contract
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72. A, for and in consideration of P1,000.00, entered into a contract with B whereby the latter agreed to murder C. This limitation upon the right to contract that refers to A. Contrary to law B. Against moral C. Contrary to good customs D. Contrary to public order 73. A entered into a contract with B whereby for and in consideration of P100,000.00 the latter agrees to live with A without the benefit of marriage. This limitation upon the right to contract that refers to A. Contrary to law B. Against moral C. Contrary to good customs D. Contrary to public order 74. Pedro and Maria decided to get married on October 10, 2007. Invitations were printed and distributed to relatives and friends and apparel were purchased including matrimonial bed. Pedro, however walked out of it and was never heard of again. This limitation upon the right to contract that refers to A. Contrary to law B. Against moral C. Contrary to good customs D. Contrary to public order 75. A entered into a contract with B wherby A will not enter into any enterprise whatever in the Philippines. This limitation upon the right to contract that refers to A. Contrary to law B. Against moral C. Contrary to good customs D. Contrary to public order
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76. The following are requisites of contracts except A. Consent B. Object of contract C. Cause of contract D. Effect of contract 77. A classification of contracts as to its cause where the cause is the pure liberality of the giver. A. Gratuitous Contract B. Remunetory Contract C. Onerous Contract D. Liberation Contract 78. A classification of contracts as to its cause where the cause is the service or benefit for which the remuneration is given. A. Gratuitous Contract B. Remunetory Contract C. Onerous Contract D. Liberation Contract 79. A classification of contracts as to its cause where the cause is the mutual undertaking or promise of either of the contracting parties. A. Gratuitous Contract B. Remunetory Contract C. Onerous Contract D. Liberation Contract 80. Remedy in equity by means of which a written instrument is made or construed so as to express or conform to the real intention of the parties when some error or mistake has been committed. A. Reformation B. Novation C. Defect D. Erroneous
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81. Which of the following cannot be considered as a requisite of reformation A. There is a valid contract; B. The contract is in writing; C. The oral contract expresses the true intention of the parties D. The failure of the written contract to express the true intention is due to mutual mistake, fraud, inequitable conduct, or accident. 82. A defective contract where it has all the essential requisites of a contract and the contract itself is valid, but by reason of injury or damage to third persons, such as creditors, the contract may be rescinded. A. Rescissible Contract B. Voidable Contracts C. Unenforceable Contracts D. Void or Inexistent Contracts 83. A damage or injury suffered by the party seeking rescission by reason of the fact that the price is unjust or inadequate. A. damage B. effect C. lesion D. payment 84. A contract which possesses all the essential requisites of a valid contract, namely, consent, object and cause or consideration. It is a valid contract until it is annulled. A. Void or Inexistent contract B. Unenforceable contracts C. Voidable contracts D. Negotiorum Gestio 85. A contract which is absolutely without legal force or effect. A. Void or Inexistent contract B. Unenforceable contracts C. Voidable contracts D. Negotiorum Gestio
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86. When a contract cannot be sued upon or enforced in court unless it is ratified is said to be A. Void or Inexistent contract B. Unenforceable contracts C. Voidable contracts D. Negotiorum Gestio 87. It is the voluntary administration of the abandoned business or property belonging to another without the consent of the latter. A. Void or Inexistent contract B. Unenforceable contracts C. Voidable contracts D. Negotiorum Gestio 88. It is the sum of money which the law awards or imposes as percuniary compensation, recompense, or satisfaction for an injury done or a wrong sustained as a consequence either of a breach of a contractual obligation or a tortious act. A. Payment B. Injury C. Damages D. Compensation 89. Damages that cover actual injury or economic loss. It typically includes medical expenses, lost wages and the repair or replacement of property. A. Actual or Compensatory Damages B. Nominal Damages C. Moral Damages D. Temperate or Moderate Damages 90. Damages that includes physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. A. Actual or Compensatory Damages B. Nominal Damages C. Moral Damages D. Temperate or Moderate Damages
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91. Damages which are small and trivial sums awarded for a technical injury due to a violation of some legal right, and as a consequence of which some damages must be awarded to determine the right. A. Actual or Compensatory Damages B. Nominal Damages C. Moral Damages D. Temperate or Moderate Damages 92. Damages that are reasonable compensation for the injury. A. Actual or Compensatory Damages B. Nominal Damages C. Moral Damages D. Temperate or Moderate Damages 93. Damages where the amount of which has been agreed upon by the parties or fixed by the judgement of a competent court. A. Liquidated Damages B. Exemplary Damages C. Corrective Damages D. Compensatory Damages 94. Damages which are given in enhancement merely of the ordinary damages on account of wanton, reckless, malicious, or oppressive character of the acts complained of. A. Actual or Compensatory Damages B. Nominal Damages C. Moral Damages D. Exemplary or Corrective Damages 95. Branch of the unwritten law which was originally founded on the customs of merchants, mariners and business men generally in their dealings with one another throughout the civilized countries of the world. A. Law Merchant B. Law of businessmen C. Law of mariners D. Law of people
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Philippine Electronics Code Volume 1 SAFETY GENERAL ELECTRICAL PROTECTION AND GROUNDING REQUIREMENTS Electrical Hazards Lightning an electrical discharge which occurs between clouds and also from cloud to earth. Power contact / induction Acoustic Shock results from abnormally high sound level, the physical effects of which may vary from minor discomfort to serious injury. Electric Shock current through the body rather than voltage of the circuit determines electric shock intensity. Voltage is significant only in so far as it is one of the factors determining the magnitude of current. The average resistance of a dry adult human body is approximately 1000 ohms. Wet or damaged skin reduces this figure and 1500 ohms is a conservative figure representing the body resistance for safety calculations. Ventricular fibrillation is likely to occur when a 60Hz rms current of 0.030 amperes and above passes through ones chest cavity. Because of this, any circuit from which in excess of 30ma rms AC or 90ma DC can be drawn through a 1500 ohm resistor (45V RMS AC OR 135VDC) shall be classified as hazardous. The potential difference at any time between any exposed structure (Equipment cabinets, Housings, Supports, etc.) to ground (Floor, Earth, etc.) or between any exposed structure within the reach of an adult person (Approx. 1.5 meters) shall be no greater than 45 volts rms AC or 135 volts DC. The potential difference at any time between two points on the floor or earth surface separated by a distance of one pace, or about one meter, in the direction of maximum potential gradient shall be no greater than 45 volts rms AC or 135 volts DC.
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Protection Methods Shielding it is the provision of a grounded electrical conducting material located such that foreign potential will be intercepted and surge currents diverted to ground with the least damage to plant equipment possible. Voltage Limiting prevents development of hazardous potential difference in communication plant by direct bonding, when permissible or by use of surge arresters, discharge gaps, diodes, etc. which operate under abnormal voltage condition. Current Limiting and Interrupting current in a circuit can be kept from rising above a predetermined value by the use of a fuse in series with a circuit. When current flows through a fuse for a specified time with a magnitude greater than its rating, the fuse will interrupt the current. Grounding and Bonding used to divert undesired currents before they reach the equipment being protected and often are installed both at and some distance away from the protected equipment. Ground Resistance it is the resistance path of a ground connection which includes the ground wire and its connection to ground electrode. The ground electrode, the contact between the electrode and the earth and the surrounding soil. This value should NEVER EXCEED 5.0 OHMS FOR EQUIPMENT LOCATIONS, ANTENNA TOWERS, AND ALL ALLIED INSTALLATIONS, AND 25 OHMS FOR OUTSIDE PLANT TELEPHONE POLES AND MANHOLES AS WELL AS CUSTOMER PREMISES. Made Ground it is an electrode buried in the ground for the purpose of establishing a low resistance electrical contact with the earth. Example: driven rods, driven pipes, buried plates, buried cones, or other similar devices placed in the ground.
Methods and Materials Lightning Rods is a metal strip or rod, usually of copper or similar conductive material, designed to protect tall or isolated structures (such as the roof of a building or the mast of a vessel) from lightning damage. Fuses and Current Interrupting - a device used in electrical systems to protect against excessive current.
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Surge Arresters these are normally open circuited devices and pass no significant current at normal operating potentials. Grounding and Bonding - provides certain level of safety to humans and property in case of equipment damages.
Measurements Ground Resistance Test Methods measurement procedures that is simple and straight forward and the instruments are mostly direct reading. Methods for Ground Resistance Measurements Direct Method or two terminal test the simplest way to make an earth resistance test. The fall of potential method or three terminal test Voltmeter-Ammeter Method Triangulation Method Earth Resistivity it is the resistance of parallel faces of a one cubic centimeter of soil. Expressed in ohm-centimeter. Determining Good Electrode Location Drive rods in various locations to such depths as may be required and measure the resistances while the rods are being driven. Measure the earth resistivity before driving ground rods then calculate the number and length of rods required. How to Improve Grounds Lengthen the ground-electrode in the earth. Use multiple rods. Treat the soil when 1 & 2 are not feasible.
Maintenance and Inspection Grounding system requirements from year to year can change depending on the following factors: A plant or facility can expand in size or change its operation and such changes create different needs in the grounding system. As more non-metallic pipes and conduits are installed underground, such installation becomes less and less dependable as effective low-resistance ground connections. In many locations, the water table is gradually falling, and grounds formerly effective may end up uneffective.
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Ground resistance shall be tested when installed and periodically afterwards, at least once a year during the dry or non-rainy months and ALL VALUES OBTAINED SHALL BE NO GREATER THAN THE RULE REQUIRED. (See protection method). All ground connections, be it solderless or soldered, shall be checked at least once a year to be sure they are tight. Physical damage to ground wires shall be checked at the same time and damages rectified or damaged conductors replaced. Do not test grounds during thunderstorm days. Never take hold of two wires or a wire or rod or probe in such a way that you complete a circuit through yourself. Stray earth currents, accidental contacts or ground faults in the power system may produce an undeterminable difference of potential between two points, so use rubber gloves and handle ground wires under test as if they are energized. GENERAL STRENGTH REQUIREMENTS

Loading Zones Heavy Loading Zone this loading shall be taken as the resultant stress due to wind and dead weight for 240 kph wind velocity. Medium Loading Zone - this loading shall be taken as the resultant stress due to wind and dead weight for 200 kph wind velocity. Light Loading Zone - this loading shall be taken as the resultant stress due to wind and dead weight for 160 kph wind velocity.
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POWER SOURCES Storage Batteries and Chargers Batteries should be located where temperatures range between 15.5 and 32.2 degrees Celsius (60 degrees and 90 degrees Fahrenheit). Higher temperature will shorten battery life and lower temperature will decrease the ampere-hour capacity and may damage the battery by freezing especially when the batteries are in low state of charge. Lead acid or similar gas emitting battery installations where the aggregate power (ampere-hour rating, at the 8-hour rate to 1.75 volts per cell multiplied by the battery voltage) exceeds 5 kilowatts shall be located in a properly ventilated room separated from the equipment room or location where people are staying. Explosion resistant vents shall be provided for all lead acid or similar gas emitting batteries above 10 ampere-hour capacity and ascertained by periodic inspection that the vents are free from obstruction. Ventilation of the battery room is very important especially during high charging and discharging condition. Although the battery is fitted with an explosion proof vent, an enclosed room could develop a sufficiently high concentration of an explosive gaseous mixture which could be ignited by sparks from adjacent electrical or electronic equipment as well as accidental sparks or open flame introduced by personnel. All air moved by ventilation in the battery room or area should be exhausted into the outside atmosphere and should not be allowed to recirculate into other confined areas. Smoking and storing of inflammable materials is prohibited in battery rooms and NO SMOKING signs should be posted in conspicuous locations inside and before entering battery rooms. Batteries, where the corrosive electrolyte maybe added in the field or customer location, transported by air or boat shall be shipped dry charged. They may be transported with electrolyte via land transportation provided electrolyte leakage or spillage are contained with its crate or carton and proper markers regarding handling precautions are clearly marked on its crate or carton. Batteries on racks shall be provided with earthquake bracings which hold the sides of the batteries and prevent them from falling off the rack. For noise consideration, grounds may have to be separated as one of the various possible means to help meet noise objectives and, in such 325
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case, the grounds may be insulated from each other except at the final point of earth connection at the master ground bar or earth electrode. Power cables are sized to limit the voltage drop due to resistance of the cable and hole heating of the cables to a safe limit. The limits of minimum voltage are critical to the operation of the equipment; therefore, it is important that voltage drops in the cabling be carefully controlled. Attempt should be made to limit the overall voltage drop from the battery to the working equipment to a maximum of one volt. The final selection of cable size should be generous since the calculation makes no allowance for voltage drop due to items such as fuses, switches, etc. Various battery voltage may be derived by connecting a number of cells in series and in all cases the rule required is not violated. (See Electrical Hazards). Frames of battery chargers, battery enclosures if provided, and all exposed metallic structures shall be bonded together and grounded, meeting the required rule. (See Electrical Hazards). Caustic soda or either acid neutralizing agents should be stored and available in battery rooms for use in accidental electrolyte or acid spillage.
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DEFINITION OF TERMS Access Accessible a point of entry or a means of entry into a circuit admitting close approach because not guarded by locked doors, elevation or other effective means. a part so located that it can be contacted by a person, either directly or by menas of a probe or tool, or that is not recessed the required distance behind an opening. devices that perform a secondary or minor duty as an adjunct or refinement to the primary or major duty of a unit of equipment. the science of sound the physical pain, dizzeness and sometimes nausea caused by hearing a sudden very loud sound. The threshold of pain is about 120 dBm. the change in properties of a material with time. a separating space between two magnetic materials or conductors. a visual or audible signal which alerts personnel to the existence of an abnormal condition to have an electrical potential or charge different from that of the earth. a type of telephone cable sheath featuring a corrugated aluminium tape applied longitudinally and a polyethelene jacket overall. 327
Accessible part
Accessories
Acoustics Acoustic Shock
Aging Air Gap
Alarm
Alive
Alpeth
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American Wire Gauge
a scale of cross sectional measurement for nonferrous (copper, bronze, aluminium, etc.) wires the quantity of electricity represented by a current of one ampere that flows for one hour. any device which holds something secure; a device buried in the ground to which anchor rods and guys are fastened. dry; containing no water. A means for radiating or receiving radio waves. any device that uses or needs electricity or usually an alectric current supply to perform a certain function or operation; any equipment, usually complete in itself, that transforms electric energy into another form usually, visual, heat, or motion at the point of utilization. device which diverts high transient voltage to ground and away from the equipment thus protected; the voltage limiting portion of a protector. protector consisting of opposing spaced metal electrodes within a sealed tube or enclosure filled with gas such as neon or argon. a grouping of components to accomplish a particular function air holding in suspension dust, metal particles or flammable gas in such proportions that may ignite explosively
Ampere-Hour
Anchor
Anhydrous Antenna
Appliance
Arrester
Arrester Gas-Filled
Assembly
Atmosphere, Explosive
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Attachments
all of the plant elements (cables, cross-arms, brackets, etc) which are fastened to a supporting structure such as a pole. pertaining to frequencies which can be heard by the human ear. describing the actions of a device or equipment which are taken without human supervision in response to certain pre-determined conditions. the main system route, usually the route carrying the majority of the traffic, and often the longest series of cascaded hops. range of frequencies of a device, within which its performance, in respect to some characteristics conform to specified limits; the difference between the upper and lower limits of the operating frequency of the device. band of frequencies occupied by the aggregate of all the information signals used to modulate a carrier. a group of two or more cells connected together to furnish current by conversion of chemical, thermal, solar or nuclear energy into electrical energy. a low resistance electrical connection between two cable sheaths, between two ground connections or between similar parts of two circuits. a conductor or group of conductors, that serve as a common connection for two or more circuits.
Audio
Automatic
Backbone
Bandwith
Baseband
Battery
Bond
Bus
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Cable
assembly of insulated conductors into a compact form which is covered by a flexible, waterproof, protective covering. the complete electrical path between terminals over which telecommunications are provided. the vertical space reserved along the side of a pole or tower to permit ready access for linemen to equipment and conductors located thereon. anything such as a wire or cable which is suitable for the carrying of an electric current. transmitting and or receiving of information signals, or messages between two or more points. abbreviation for decibel which is one-tenth of a bel. A unit expressing the ratio of two voltages, currents or powers. It is equal to 20 times the common logarithm of the ratio of the two voltages or two currents and 10 times the common logarithm of the ratio of the two powers. insulated wires, used to run a subscribers line from the terminal on the pole to the protector at the house or building. the branch of science and technology which deals with the control and utilization of electron flow. the selective interconnection of channels of communication by means consisting essentially if not entirely of electronic circuitry and circuit elements.
Circuit
Climbing Space
Conductor
Communication
dB
Dropwire
Electronics
Electronic Switching
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Explosion proof
one that is designed and constructed to withstand an explosion og a gas or vapour that may occur within it or in its immediate vicinity and to prevent the ignition of the gas or vapour surrounding or within its enclosure. a part which can be inadvertently touched or approached nearer than a safe distance. anything used or available for use in the furnishing of communication service. the elements used or available for use in the furnishing of communication service, such as radio facilities, outside plant facilities, indoor plant facilities, etc. a physical condition that causes a device, a component or a element to fail to perform in a required manner. a current that flows from one conductor to ground or to another conductor owing to any abnormal connection (including an arc) between the two. apparatus so treated such that it will not maintain a flame or will not be injured readily when subjected to flame. property of materials or structures such that they will not convey flame or continue to burn for longer times than specified in the appropriate flame test. a discharge through air, around or over the surface of solid, liquid or other insulation, between parts of different potential of polarity, produced by
Exposed Part
Facility
Facilities
Fault
Fault current
Flame Proof
Flame Retarding
Flashover
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the application of voltage such that the breakdown path becomes sufficiently ionized to maintain an electric arc. Fuse a device used for protection against excessive currents. Consisting of a short length of fusible metal strip which melts when the current through it exceeds the rated amount for a definite time. a conducting connection, whether intentional or accidental, by which an electric circuit or equipment is connected to earth, or to some conducting body of relatively large extent that serves in place of the earth. a bus to which the grounds from individual pieces of equipment are connected, and, that, in turn, is connected to ground at one or more points. a configuration of grounding conductors arrange around a structure such as building, tower footing, tower guy anchor etc. normally connected to an earth ground at one or more points. a tension member (of solid or stranded wires) used to withstand an otherwise unbalanced force on a pole or other overhead line structures. a guy extending from a pole or structure or tree and is sometimes called a span guy. a guy which has its lower anchorage in the earth.
Ground
Ground Bus
Ground Ring
Guy
Guy, Overhead
Guy, Anchor
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Guy Exposed
a guy which has any part less than 2.5 meters from the vertical plane of any electric power conductor of more than 250 volts. a guy which has any part within a vertical distance of less than 2.5 meters from the level of power conductors and a radial distance of less than 1.8 meters from the surface of a wooden pole or structure. covered, shielded, fenced, enclosed, or otherwise protected by means of suitable covers or casings, barrier rails or screens, or platform to remove the likelihood of dangerous contact with or approach by persons or objects to a point of danger. an opening in an underground run or system into which workers reach, but do not enter. A subsurface box having a cover flush with the ground. any condition which imperils life, limb and property. separated from other conducting surfaces by a dielectric substance or air space permanently offering a high resistance to the passage of current and to disruptive discharge through the substance or space. When any object is said to be insulated, it is understood to be insulated in suitable manner for the conditions to which it is subjected. Otherwise, it is, within the purpose of this code, uninsulated. occupancy of poles or structures by two or more different entities by mutual agreement.
Guy in Proximity
Guarded
Handhole
Hazard
Insulated
Joint Use
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Lightning Arrester
a device designed to protect apparatus from high transient voltage, by diverting surge current to ground and capable of repeating this function as specified. the channels or conductors and their supporting or containing components or structures usually located outdoors which are used for transmission/reception of information/intelligence in communication service (telephone, telegraph, data telemetering, video, etc.). the conductors and their supporting or containing structures which are located outdoors used for transmitting a supply of electrical energy. all of the work required to keep the plant, circuits, lines, facilities, systems and services up to standards. This includes testing, trouble clearing, repairing, and replacing defective elements. a subsurface chamber, large enough for a person to enter, in the route of one or more conduit runs, and affording facilities for placing and maintaining in the runs, conductors, cables and any associated apparatus. operated by mechanical force, applied directly by personal intervention. stranded steel wires in a group which generally is not a part of the conducting system, its primary function being to support wires or cables of the system.
Lines, Communication
Lines, Power
Maintenance
Manhole
Manual
Messenger
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Noise
any unwanted disturbance in a communication system which tends to obscure the clarity and validity of a signal in relation to its intended end use. a control, usually a knob, pushbutton or lever, provided to enable the user to cause the appliance to perform its intended function, without the use of tools, when the appliance is in normal operating condition. a general term applied to the whole or portion of the physical property of a communication company which contributes to the furnishing of communication service. all plant which is inside of buildings. all plant which is out of doors not in buildings, such as poles, conduits, cables, etc. installed overhead or underground. capable of being accomplished by reasonably available and economic means. a device which provides protection from overvoltage and or over-current. a protector whose voltage limiting element utilizes carbon blocks. a protector whose voltage limiting element employs electrodes in a gas filled (neon, argon, etc.) envelope. persons trained and authorized for the construction, maintenance and operation of the
Operating Control
Plant
Plant, Inside Plant, Outside
Practicable
Protector
Protector, Carbon Block
Protector, Gas Tube
Qualified
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apparatus, circuit or system and responsible for the safety precautions involved. Radiant Energy any energy which radiated in the form of radio waves, infrared (heat) waves, light waves, x-rays. etc. the spreading out of radiant energy a metallic rod, driven into the ground to provide an electrical connection to the earth. a metallic rod carried above the highest point of a pole or structure and connected to earth by a heavy copper conductor intended to carry lightning currents directly to earth. that work which in any way changes the identity of the plant or station or portions thereof. the installation from the terminal on the pole to the protector at the customers premises. the maximum departure, measured vertically, of a wire or cable in a given span from a straight line between the two points of support of the span at 60 degrees celcius and no wind loading. the horizontal distance between two adjacent supporting points of a cable or wire. the branch circuit supplying electrical energy to the equipment or appliance. a configuration or arrangement of one or more electronic equipment producing the desired performance.
Radiate Rod, Ground
Rod, Lightning
Reconstruction
Service Drop
Sag
Span
Supply Circuit
System, Electronic
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Telecommunication
any transmission, emission or reception of signs, signals, writings, images, sounds or intelligence of any nature by wire, radio, visual or other electromagnetic system or such other system that may in the future become known or developed. the pulling stress required to break a material, such as a wire, expressed in kilograms of stress per cross-sectional area. mechanical stress caused by forces which tend to stretch or severe the material stressed. one-half of the tensile strength for messengers guys, etc. and one-forth of the tensile strength for communication cables and wires. the horizontal displacement of a point on the tower axis from its no-wind load position at that elevation. tower sway at any specified elevation shall be defined as the angular displacement of a tangent to the tower axis at the elevation from its no-wind load position at that elevation. the horizontal angular displacement of the tower from its no-wind position at that elevation. describing communication facilities installed below the surface of the earth. the space extending laterally from the climbing space, reserved for working below, above and between conductor levels; the space surrounding a device or equipment.
Tensile Strength
Tension
Tension, Maximum Allowable
Tower Displacement
Tower Sway
Tower Twist
Underground
Working Space
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TEST 8-2 1. An electrical discharge which occurs between clouds and also from cloud to earth. A. Thunder B. Lightning C. Corona D. Aurora 2. Results from abnormally high sound level, the physical effects of which may vary from minor discomfort to serious injury. A. Electrical Shock B. Super Sonic C. Acoustic Shock D. Sonic Boom 3. The factor that determines the intensity of electric shock is A. current B. voltage C. resistance D. conductance 4. The average resistance of a dry adult human body is approximately: A. B. C. D. 5. 10 000 ohms 100 000 ohms 1 000 ohms 100 ohms
Ventricular fibrillation is likely to occur when a 60Hz rms current of _____amperes and above passes through ones chest cavity. A. B. C. D. 0.010 0.11 0.030 0.33
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6.
The minimum voltage value that is considered hazardous is: A. 45V RMS AC B. 12V RMS AC C. 24V RMS AC D. 50V RMS AC
7.
The minimum voltage value that is considered hazardous is: A. B. C. D. 150V DC 45V DC 135V DC 160V DC
8.
The potential difference at any time between two points on the floor or earth surface separated by a distance of one pace, or about one meter, in the direction of maximum potential gradient shall be no greater than _______. A. B. C. D. 45 volts rms AC or 135 volts DC 25 volts rms AC or 115 volts DC 15 volts rms AC or 105 volts DC 55 volts rms AC or 145 volts DC
9.
It is the provision of a grounded electrical conducting material located such that foreign potential will be intercepted and surge currents diverted to ground with the least damage to plant equipment possible. A. Grounding B. Shielding C. Bonding D. current limiting
10. Prevents development of hazardous potential difference in communication plant by direct bonding, when permissible or by use of surge arresters, discharge gaps, diodes, etc. which operate under abnormal voltage condition. A. B. C. D. Current limiting Resistance limiting Grounding Voltage Limiting
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11. The current in a circuit can be kept from rising above a predetermined value by the use of a fuse in series with a circuit. A. B. C. D. Current limiting Resistance limiting Grounding Voltage Limiting
12. This is used to divert undesired currents before they reach the equipment being protected and often are installed both at and some distance away from the protected equipment. A. B. C. D. Current limiting Resistance limiting Grounding Voltage Limiting
13. It is the resistance path of a ground connection which includes the ground wire and its connection to ground electrode. A. Ground Resistance B. Ground Electrode C. Ground Path D. Resistance Path 14. For equipment locations, antenna towers, and all allied installations, the ground resistance must never exceed ______. A. B. C. D. 25 ohms 3 ohms 43 ohms 5 ohms
15. For outside plant telephone poles and manholes as well as customer premises, the ground resistance must never exceed _____. A. B. C. D. 25 ohms 3 ohms 43 ohms 5 ohms
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16. It is an electrode buried in the ground for the purpose of establishing a low resistance electrical contact with the earth. A. Ground pole B. Lightning Rods C. Guy D. Made Ground 17. It is a metal strip or rod, usually of copper or similar conductive material, designed to protect tall or isolated structures (such as the roof of a building or the mast of a vessel) from lightning damage. A. Ground pole B. Lightning Rods C. Guy D. Made Ground 18. A device used in electrical systems to protect against excessive current. A. B. C. D. fuse Lightning rod Surge arrester Grounding
19. These are normally open circuited devices and pass no significant current at normal operating potentials. A. B. C. D. fuse Lightning rod Surge arrester Grounding
20. Provides certain level of safety to humans and property in case of equipment damages. A. B. C. D. fuse Lightning rod Surge arrester Bonding or grounding
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21. The simplest way to make an earth resistance test is to use: A. B. C. D. Direct Method or two terminal test * Voltmeter-Ammeter Method Triangulation Method Three terminal test
22. It is the resistance of parallel faces of a one cubic centimeter of soil expressed in ohm-centimeter. A. B. C. D. Ground resistance Earth Resistivity Cubic resistance Earth density
23. The following are ways to improve grounds except: A. B. C. D. Lengthen the ground-electrode in the earth Use multiple rods Treat the soil when 1 & 2 are not feasible Place stones near the rod
24. Ground resistance shall be tested when installed and periodically afterwards, at least _____ during the dry or non-rainy months and ALL VALUES OBTAINED SHALL BE NO GREATER THAN THE RULE REQUIRED. A. B. C. D. 3 times per year twice as year once a year 12 times a year
25. All ground connections, be it solderless or soldered, shall be checked at least ____ to be sure they are tight. A. B. C. D. 3 times per year twice as year once a year 12 times a year
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26. This loading shall be taken as the resultant stress due to wind and dead weight for 240 kph wind velocity. A. B. C. D. Heavy Loading Zone Medium Loading Zone Light Loading Zone Extra Heavy Loading Zone
29. Batteries should be located where temperatures range between _______degrees Celsius. A. B. C. D. 12.5 and 25.2 15.5 and 32.2 15.2 and 52.2 55.5 and 60.3
30. Lead acid or similar gas emitting battery installations where the aggregate power exceeds ______5 kilowatts shall be located in a properly ventilated room separated from the equipment room or location where people are staying. A. 5 kW B. 10 kW C. 1 kW D. 15 kW
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31. Smoking and storing of inflammable materials is prohibited in battery rooms and NO SMOKING signs should be posted _____. A. B. C. D. inside the room only before entering battery rooms outside the room only Both A and C
32. An acid neutralizing agentsuch as _____ should be stored and available in battery rooms for use in accidental electrolyte or acid spillage. A. oil B. kerosene C. flour D. Caustic soda 33. A low resistance electrical connection between two cable sheaths, between two ground connections or between similar parts of two circuits. A. Bond B. Short C. Fuse D. Guy 34. The vertical space reserved along the side of a pole or tower to permit ready access for linemen to equipment and conductors located thereon. A. Stairway B. Climbing Space C. guy D. pole 35. Insulated wires, used to run a subscribers line from the terminal on the pole to the protector at the house or building. A. B. C. D. main line main cable dropline dropwire
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36. A physical condition that causes a device, a component or a element to fail to perform in a required manner. A. damaged B. hazard C. fault D. short 37. A current that flows from one conductor to ground or to another conductor owing to any abnormal connection (including an arc) between the two. A. Fault current B. Dark current C. Leakage current D. Dead short 38. An apparatus so treated such that it will not maintain a flame or will not be injured readily when subjected to flame. A. Flame Proof B. Flame Retarding C. Burn proof D. Anti Flame 39. A property of materials or structures such that they will not convey flame or continue to burn for longer times than specified in the appropriate flame test. A. Flame Proof B. Flame Retarding C. Burn proof D. Anti Flame 40. A discharge through air, around or over the surface of solid, liquid or other insulation, between parts of different potential of polarity, produced by the application of voltage such that the breakdown path becomes sufficiently ionized to maintain an electric arc. A. Aurora B. Corona C. Flashover D. Arc
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41. A conducting connection, whether intentional or accidental, by which an electric circuit or equipment is connected to earth, or to some conducting body of relatively large extent that serves in place of the earth. A. B. C. D. short jumper ground link
42. A tension member (of solid or stranded wires) used to withstand an otherwise unbalanced force on a pole or other overhead line structures. A. Bond B. Short C. Fuse D. Guy 43. A guy extending from a pole or structure or tree and is sometimes called a span guy. A. Overhead guy B. Anchor guy C. bla guy D. Guy post 44. An opening in an underground run or system into which workers reach, but do not enter. A. Manhole B. Rathole C. Handhole D. finger hole 45. A device designed to protect apparatus from high transient voltage, by diverting surge current to ground and capable of repeating this function as specified. A. Lightning ball B. Lightning Arrester C. Fuse D. Lightning Protector
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46. A subsurface chamber, large enough for a person to enter, in the route of one or more conduit runs, and affording facilities for placing and maintaining in the runs, conductors, cables and any associated apparatus. A. Manhole B. Rathole C. Handhole D. finger hole 47. Stranded steel wires in a group which generally is not a part of the conducting system, its primary function being to support wires or cables of the system. A. guy B. support C. conduit D. messenger 48. A general term applied to the whole or portion of the physical property of a communication company which contributes to the furnishing of communication service. A. zone B. area C. plant D. division 49. A metallic rod, driven into the ground to provide an electrical connection to the earth. A. B. C. D. Lightning rod Ground rod Drop ground radials
50. A metallic rod carried above the highest point of a pole or structure and connected to earth by a heavy copper conductor intended to carry lightning currents directly to earth. A Lightning arrester B. Lightning rod C. Breaker D. Lightning gap 347
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51. The installation from the terminal on the pole to the protector at the customers premises. A. B. C. D. Service drop Subscribers loop Main line Local drop
52. The horizontal displacement of a point on the tower axis from its no-wind load position at that elevation. A. Tower displacement B. Tower sway C. Tower Twist D. Tower bend 53. The angular displacement of a tangent to the tower axis at the elevation from its no-wind load position at that elevation. A. Tower displacement B. Tower sway C. Tower Twist D. Tower bend 54. The horizontal angular displacement of the tower from its no-wind position at that elevation. A. Tower displacement B. Tower sway C. Tower Twist D. Tower bend 55. Refers to communication facilities installed below the surface of the earth. A. underneath B. underground C. earth mat D. under earth
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Philippine Electronics Code Volume 2 BUILDING TELEPHONE FACILITIES Service entrance is define as wires or cables entering the building, terminated to the main cross connecting point within the building from the nearest telephone facility. Types of Service Entrance Aerial entrance means of providing service aerially from a pole to a building. Size of entrance conduit shall not less than 50 mm in diameter. Recommended initial conduit should be capable of handling the ultimate telephone requirements of the building. Generally, the maximum span from telephone pole to a building should be 30m. Minimum recommended separation: Minimum clearances between telephone cable and power entrance must be 1.0m radial distance. Minimum clearance from ground level when crossing the street must be 5.5m. Minimum clearance over areas accessible to pedestrians only, must be 3.5m.
Underground service entrance provide mechanical protection and minimize the need for possible subsequent repairs to the property. Corrosion-resistant material/PVC duct. Should not include more than 2-90degrees bends. Metallic conduit to be reamed, bushed and/or capped. Minimum depth 600 mm under areas used for vehicular traffic inside private property. Conduits placed on private property must not be terminated in jointuse manholes with electrical cables. Conduits should be separated from power conduits by not less than: 300 mm in well-tamped earth 50 mm of concrete (17,237.5 kPA)
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The size of underground entrance conduit within the building shall be the same size as the service conduit outside the building and in no case smaller than 75 mm in diameter when the service entrance odes not require use of a service box or when installation requires placement of conduit between the service box and curb line (toward the company manhole or pole).
When to Use Handholes For entrance cable NOT EXCEEDING 50 pairs (0.65 mm in diameter). For pull through or straight run entrance cable. Minimum size of Handholes For vehicular (meter) 0.61 x 0.91 x 0.91 For non-vehicular (meter) 0.61 x 0.91 x 0.73 When to Use Service Box For entrance cable ABOVE 50 pairs (0.65 mm in diameter). Minimum size of Service Boxes For vehicular 0.19 x 1.23 x 1.21 For non vehicular 0.91 x 1.22 x 1.19 Note: Minimum size of entrance conduit = 50 mm diameter Minimum number of entrance conduits = 2
Main terminals may either be place in an indoor type DP or a cross- connect point within the building. It is a point where cable from TELCO and the inbuilding distribution system are terminated. Requirements: Location should be dry and located as close as possible to the central point of the riser cable distribution facilities. Location should be equipped with adequate lighting, and located 2.6 m (min.) above floor finish. Location should be accessible to authorized company personnel even during off hours and under lock and key or the terminations under lockable cover. Location should have enough working space e in front of all terminations. Normally 900 mm and away from all hazards. Location should be closely protected in areas where possible physical damage may arise. 350
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Provide with a 12 mm diameter non-metallic conduit to an approved ground connections, to house the 14 mm2 (4.2 mm diameter) ground wire.
Types of Main Terminals Main Telephone Terminal Cabinet (MTTC) required for terminating entrance cables using one or more terminal blocks. Backboard color White Yellow Blue Terminals to be terminated Entrance House / Riser Other special services (data, computer)
Main Distributing Frame (MDF) generally recommended when entrance cable requirements will exceed 300 pairs.
Riser System is define as the vertical and horizontal distribution of telephone communication lines between two or more floors or adjoining premises on the same floor of a building generally originating at or near the cabinet up to the Telephone Terminal or outlet. Types of Riser System Open Riser usually extends from the ground to the roof top of the building with no floor separation similar to a ventilating shaft. Telephone cable is not permitted in unless placed in metallic conduit. Closed Riser consist of a series of telephone terminal cabinets/closets vertically or non-vertically aligned, usually beginning at the ground floor and extending throughout the height of the building. The cabinets/closets may be interconnected through the floors with the use of a slots, conduits and pipe sleeves.
Types of Distribution System Conduit system provides concealment of the wires with the least flexibility. Under floor duct system comprise of two components, distribution ducts and feeder (header) ducts. Depending on floor structure, they may be designed into a one or two-level system. Ceiling system serves the same floor where the cables (wires) are placed within the ceiling and brought down to desk locations.
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Cellular floor system comprise of two distinct components, distribution cells and feeder (header) ducts. Depending on the floor structure, the distribution cells may be constructed of steel or concrete. Unlimited access (raised floor) is a floor assembly elevated with respect to an existing area providing unlimited accessible space under the floor. This has been used for computer rooms and office space.
Difference between Cabinet and Closet Cabinet is typically a box-type made of steel or fibre glass usually prefabricated in standard sizes with cover and knockout holes, for in-building telephone distribution. It is either flush or surface mounted. Closet is a room or shallow enclosure which is normally enclosed by a door (or series of doors in the case of a shallow closet). Two Basic Types A shallow closet, which varies from 460 to 760 mm in depth. A walk-in closet, which is 1200 mm or more in depth.
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DEFINITION OF TERMS Apparatus Closet a suitable enclosure large enough to house key telephone systems apparatus, power equipment and terminating facilities for key telephone systems stations and sevices, as well as central closets, zone closets, or riser closets, according to the design of the underfloor raceway or riser system. refers to the physical cable within a building. It may include both main cable pairs and house cable pairs. It does not include station wiring cable. refers to a portion of any building equipment and rest rooms. refers to the assembly of conductors within a common protective sheath that permits the use of conductors separately or in group. an assembly of cellular metal or concrete floor raceways units forming part of a continuous floor structure. a load-bearing floor unit containing one or more longitudinal cells which may be closed on all sides or open at top or bottom. the place where customers communication lines are terminated and where the equipment which interconnects those lines is located. refers to the practices and procedures established by the operating company to
Building Cable
Building Core
Cable
Cellular Floor Raceways
Cellular Floor Unit
Central Office
Company Standards
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install, maintain, move and rearrange company equipment on private property. Cordless Switchboard a system employing a relay-operated switchboard through which connections are made by manually operating lever keys instead of plug ended cords. refers to a station connected to the company central office through outside plant facilities and central office system. a wall or floor-mounted vertical frame of iron work used to protect and terminate telephone cable terminals. refers to the company furnish cable entering the building from the exchange cable feed to the main cross connecting point within the building. a room designed to accommodate PABX (Private Automatic Branch Exchange) equipment. On occasion, it may also include automatic key telephone system apparatus and terminating facilities. refers to equipment, hardware, or space provided to house communications systems to operate tenant service. refers to the collecting point designed to terminate the cable wire and equipment for a specific floor. refers to the portion of a floor area served by a floor distribution terminal.
Direct Station
Distributing Frame
Entrance Cable
Equipment Room
Facilities
Floor Closet
Floor Distribution Area
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Floor Distribution Cable
refers to the branch cable on the various floors of a building which links the floor distribution terminals to the riser cable. the terminals in which the floor distribution cable pairs terminate. They are located at floor wiring centers. refers to the raceway of rectangular cross-section that is placed within or just below the floor and ties the distribution duct or cell to the terminal or equipment space. a circular or ellipsoid cross-section opening into the distribution duct or cell, from which the wires or cables emerge. a station connected to a private automatic branch exchange. a system where cables and/or wires are placed within the ceiling space and poked up through the fire resistant floor structure to the office above. an arrangement of equipment, consisting of a group of telephone stations connected with a switchboard or other switching device providing telephone communications between the stations. a circuit, furnished by the company, terminating in telephone instruments, keys or jacks which do not provide exchange service.
Floor Distribution Terminals
Header or Feeder Duct
Insert
Local Station
Poke Through
Private Branch Exchange System
Private Line or Leased Line
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Raceways
a general term which refers to pipe, conduit, underfloor duct, heeder duct, cellular floor, overfloor moulding, surface wiring systems, wiring channels in removable partitions, floor boxes and floor fittings and any other channel for holding wires and cables which is designed expressly for and used solely for this purpose. a location where riser cables terminate for further distribution through out the floor. It may also serve as an apparatus closet or satellite closet, dependent upon the size of the building and the telephone facilities involved. refers to non-combustible tubing which encases the riser cable between enclosed type metallic telephone terminal cabinets. refers to a series of closets connected by a slots or short conduit sleeves between floors or an open shaft vertically in a building. a box mounted on the finished floor that houses the connecting device for communications.
Riser Closet
Riser Conduit
Riser Shaft
Service Fitting
Sleeve or Conduit Sleeve
a circular opening through the floor structure to allow the passage of cables and wires.
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Station
refers to the telephone instrument, consisting of a transmitter, receiver and associated apparatus which permit telephone conversations with other stations. refers to the final end link in connection to communication equipment to company cable facilities. points at which cable pairs are connected to station wires or other cable pairs by means other than cable splicing. any facility provided for the express purpose of holding wires or cables and located within or immediately below the floor structure. Raceways may be of metallic insulating material. the portion of the floor area that is rentable or usable. It includes such as elevators, stairways, permanent hallways, janitors room, toilet and other fixed construction making space unavoidable for rental use. Usable floor area is generally 20% less than the total building floor areas.
Station Wiring
Terminals and Terminations
Under Floor Raceway
Usable Floor Area
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TEST 8-3 1. Define as wires or cables entering the building, terminated to the main cross connecting point within the building from the nearest telephone facility. A. drop wire B. local loop C. service entrance D. subscribers loop 2. A type of service entrance that serves as means of providing service aerially from a pole to a building. A. Aerial entrance B. Underground entrance C. Overhead entrance D. Handhole 3. The size of the aerial entrance conduit shall not be less than ____ in dimeter. A. 20mm B. 30mm C. 40mm D. 50mm 4. The maximum span from telephone pole to a building used in aerial entrance should be _____. A. 20m B. 30m C. 40m D. 50m 5. In aerial entrance, the minimum clearances between telephone cable and power entrance must be ___ radial distance. A. 2m B. 3m C. 4m D. 1m 358
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6.
In aerial entrance, the minimum clearance from ground level when crossing the street must be ____. A. 4.4m B. 3.3m C. 5.5m D. 6.6m
7.
In aerial entrance, minimum clearance over areas accessible to pedestrians only, must be____. A. 3.5m B. 5.5m C. 4.5m D. 6.1m
8.
A type of service entrance that provides mechanical protection and minimize the need for possible subsequent repairs to the property. A. Aerial entrance B. Underground entrance C. Overhead entrance D. Handhole
9.
An underground entrances minimum depth under areas used for vehicular traffic inside private property is A. 800 mm B. 600 mm C. 900 mm D. 700 mm
10. For underground entrance, conduits should be separated from power conduits by not less than ____ in well-tamped earth: A. 300 mm B. 100 mm C. 50 mm D. 150 mm
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11. For underground entrance, conduits should be separated from power conduits by not less than ____ of concrete A. 300 mm B. 100 mm C. 50 mm D. 150 mm 12. The size of underground entrance conduit within the building shall be no case smaller than ____in diameter when the service entrance does not require use of a service box. A. 50 mm B. 75 mm C. 65 mm D. 45 mm 13. The use of handholes will be permitted for entrance cable not exceeding ____ pairs. A. 20 B. 40 C. 30 D. 50 14. The minimum size for vehicular handholes is A. 0.61m x 0.91m x 0.91m B. 0.61m x 0.91m x 0.73m C. 0.19m x 1.23m x 1.21m D. 0.91m x 1.22m x 1.19m 15. The minimum size for non-vehicular handholes is A. 0.61m x 0.91m x 0.91m B. 0.61m x 0.91m x 0.73m C. 0.19m x 1.23m x 1.21m D. 0.91m x 1.22m x 1.19m
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16. The use of service box will be permitted for entrance cable exceeding ____ pairs. The minimum size for service-box is A. 0.61m x 0.91m x 0.91m B. 0.61m x 0.91m x 0.73m C. 0.19m x 1.23m x 1.21m D. 0.91m x 1.22m x 1.19m 17. The minimum size for service-box is A. 0.61m x 0.91m x 0.91m B. 0.61m x 0.91m x 0.73m C. 0.19m x 1.23m x 1.21m D. 0.91m x 1.22m x 1.19m 18. The minimum size for an entrance conduit is A. 20mm B. 30mm C. 40mm D. 50mm 19. The minimum number of entrance conduit is A. 1 B. 2 C. 3 D. 4 20. It is a point where cable from TELCO and the in-building distribution system are terminated. A. drop wire B. terminal wire C. main terminals D. service box 21. The location of the main terminal must be equipped with adequate lighting, and located at a minimum distance of ______above floor finish. A. 1.3 m B. 2.3 m C. 1.6 m D. 2.6 m
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22. The location of the main terminal should have enough working space in front of all terminations. Normally _____away from all hazards. A. 900 mm B. 800 mm C. 1000 mm D. 700 mm 23. A main terminal required for terminating entrance cables using one or more terminal blocks. A. Main Telephone Terminal Cabinet (MTTC) B. Main Distributing Frame (MDF) C. Riser System D. Service Box 24. The backboard color for Main Telephone Terminal Cabinet (MTTC) used other special services is: A. white B. yellow C. black D. blue 25. The backboard color for Main Telephone Terminal Cabinet (MTTC) used as an entrance is: A. white B. yellow C. black D. blue 26. The backboard color for Main Telephone Terminal Cabinet (MTTC) used for risers is: A. white B. yellow C. black D. blue
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27. A main terminal generally recommended when entrance cable requirements will exceed 300 pairs. A. Main Telephone Terminal Cabinet (MTTC) B. Main Distributing Frame (MDF) C. Riser System D. Service Box 28. Defined as the vertical and horizontal distribution of telephone communication lines between two or more floors or adjoining premises on the same floor of a building generally originating at or near the cabinet up to the Telephone Terminal or outlet. A. Main Telephone Terminal Cabinet (MTTC) B. Main Distributing Frame (MDF) C. Riser System D. Service Box 29. A riser system usually extends from the ground to the roof top of the building with no floor separation similar to a ventilating shaft. Telephone cable is not permitted in unless placed in metallic conduit. A. Open Riser B. Elevated Riser C. Closed Riser D. Underground Riser 30. A riser system that consists of a series of telephone terminal cabinets/closets vertically or non-vertically aligned, usually beginning at the ground floor and extending throughout the height of the building. A. Open Riser B. Elevated Riser C. Closed Riser D. Underground Riser 31. Type of distribution system that provides concealment of the wires with the least flexibility. A. Conduit system B. Under floor duct system C. Ceiling system D. Cellular floor system 363
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32. Type of distribution system scomprise of two components, distribution ducts and feeder (header) ducts. Depending on floor structure, they may be designed into a one or two-level system. A. Conduit system B. Under floor duct system C. Ceiling system D. Cellular floor system 33. Type of distribution system that serves the same floor where the cables (wires) are placed within the ceiling and brought down to desk locations. A. Conduit system B. Under floor duct system C. Ceiling system D. Cellular floor system 34. Type of distribution system comprises of two distinct components, distribution cells and feeder (header) ducts. Depending on the floor structure, the distribution cells may be constructed of steel or concrete. A. Conduit system B. Under floor duct system C. Ceiling system D. Cellular floor system 35. It is a floor assembly elevated with respect to an existing area providing unlimited accessible space under the floor. This has been used for computer rooms and office space. A. Unlimited access (raised floor) B. Closet C. Cabinet D. Conduit system
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36. It is typically a box-type made of steel or fibre glass usually prefabricated in standard sizes with cover and knockout holes, for in-building telephone distribution. A. Unlimited access (raised floor) B. Closet C. Cabinet D. Conduit system 37. It is a room or shallow enclosure which is normally enclosed by a door (or series of doors in the case of a shallow closet). A. Unlimited access (raised floor) B. Closet C. Cabinet D. Conduit system 38. A closet which varies from 460 to 760 mm in depth. A. Shallow closet B. walk in closet C. Deep closet D. raised closet 39. A closet which which is 1200 mm or more in depth. A. Shallow closet B. walk in closet C. Deep closet D. raised closet 40. A suitable enclosure large enough to house key telephone systems apparatus, power equipment and terminating facilities for key telephone systems stations and sevices, as well as central closets, zone closets, or riser closets, according to the design of the underfloor raceway or riser system. A. Cabinet B. Apparatus Cabinet C. Apparatus Closet D. Closet
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41. Refers to the physical cable within a building that does not include station wiring cable. A. building cable B. inside wire C. inside drop D. service drop 42. An assembly of cellular metal or concrete floor raceways units forming part of a continuous floor structure. A. Conduit system B. Under floor duct system C. Ceiling system D. Cellular floor raceways 43. A load-bearing floor unit containing one or more longitudinal cells which may be closed on all sides or open at top or bottom. A. box B. closet C. cabinet D. cellular floor unit 44. The place where customers communication lines are terminated and where the equipment which interconnects those lines is located. A. trunk office B. central office C. toll station D. tandem office
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REPUBLIC ACT NO. 9292
H. No. 5224 S. No. 2683
REPUBLIC OF THE PHILIPPINES CONGRESS OF THE PHILIPPINES METRO MANILA TWELFTH CONGRESS THIRD REGULAR SESSION
Begun and held in Metro Manila, on Monday, the twenty-eight day of July, Two thousand three.
[REPUBLIC ACT NO. 9292] AN ACT PROVIDING FOR A MORE RESPONSIVE AND COMPREHENSIVE REGULATION FOR THE REGISTRATION, LICENSING AND PRACTICE OF PROFESSIONAL ELECTRONICS ENGINEERS, ELECTRONICS ENGINEERS AND ELECTRONICS TECHNICIANS, REPEALING REPUBLIC ACT NO. 5734, OTHERWISE KNOWN AS THE "ELECTRONICS AND COMMUNICATIONS ENGINEERING ACT OF THE PHILIPPINES", AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
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ARTICLE I GENERAL PROVISIONS SECTION 1. Short Title. - This Act shall be known as the "Electronics Engineering Law of 2004". SEC. 2. Statement of Policy. - The State recognizes the importance of electronics engineering in nation-building and development. The State shall therefore develop and nurture competent, virtuous, productive and wellrounded Professional Electronics Engineers, Electronics Engineers and Electronics Technicians whose standards of practice and service shall be excellent, qualitative, world-class and globally competitive through inviolable, honest, effective and credible licensure examinations and through regulatory measures, programs and activities that foster their integrity, continuing professional education, development and growth. SEC. 3. Definition and Interpretation of Terms. - As used in this Act, the following terms shall mean: (a) Electronics - the science dealing with the development and application of devices and systems involving the flow of electrons or other carriers of electric charge, in a vacuum, in gaseous media, in plasma, in semiconductors, in solid-state and/or in similar devices, including, but not limited to, applications involving optical, electromagnetic and other energy forms when transduced or converted into electronic signals. (b) Professional Electronics Engineer - a person who is qualified to hold himself/herself out as a duly registered/licensed Professional Electronics Engineer under this Act and to affix to his/her name the letters "PECE". (c) Electronics Engineer - a person who is qualified to hold himself/herself out as a duly registered/licensed Electronics Engineer under this Act and to affix to his/her name the letters "ECE". (d) Electronics Technician - a person who is qualified to hold himself/ herself out as a duly registered/licensed Electronics Technician under this Act and to affix to his/her name the letters "ECT". (e) Electronics and Communications Engineer - a person who is qualified to hold himself/herself out as a duly-registered/licensed Electronics and Communications Engineer under Republic Act No. 5734.
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(f) Computer any of a variety of electronic devices that is capable of accepting data, programs and/or instructions, executing the programs and/or instructions to process the data and presenting the results. (g) Information and Communications Technology - the acquisition, production, transformation, storage and transmission/reception of data and information by electronic means in forms such as vocal, pictorial, textual, numeric or the like; also refers to the theoretical and practical applications and processes utilizing such data and information. (h) Communications - the process of sending and/or receiving information, data, signals and/or messages between two (2) or more points by radio, cable, optical wave guides or other devices and wired or wireless medium (i) Telecommunications - any transmission, emission or reception of voice, data, electronic messages, text, written or printed matter, fixed or moving pictures or images, words, music or visible or audible signals or sounds, or any information, intelligence and/or control signals of any design/format and for any purpose, by wire, radio, spectral, visual/optical/light, or other electronic, electromagnetic and technological means. (j) Broadcast, Broadcasting - an undertaking the object of which is to transmit audio, video, text, images or other signals or messages for reception of a broad audience in a geographical area via wired or wireless means.
(k) Industrial Plant - includes all manufacturing establishments and other business endeavors where electronic or electronically-controlled machinery or equipment are installed and/or are being used, sold, maintained, assembled, manufactured or operated. (l) Commercial Establishment - shall include but not be limited to office buildings, hotels, motels, hospitals, condominiums, stores, apartments, supermarkets, schools, studios, stadia, parking areas, memorial chapels/parks, watercraft and aircraft used for business or profit, and any other building/s or area/s for business purposes, where electronic or electronically-controlled machinery or equipment are installed and/or are being used, sold, maintained, assembled, manufactured or operated. (m) Consulting Services - as used in this Act, shall include services requiring adequate technical expertise, experience and professional capability in undertaking advisory and review, pre-investment or 369
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feasibility studies, design, planning, construction, supervision, management and related services, and other technical studies or special studies in the field of electronics engineering. (n) Accredited Professional Organization - the integrated and accredited national organization of Professional Electronics Engineers, Electronics Engineers and Electronics Technicians. SEC. 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 (ECT) SEC. 5. Nature and Scope of Practice of Electronics Engineering and Electronics Technician Professions.
(a) The scope and nature of practice of the Electronics Engineer shall embrace and
consist of any work or activity relating to the application of engineering sciences and/or principles to the investigation, analysis, synthesis, planning, design, specification, research and development, provision, procurement, marketing and sales, manufacture and production, construction and installation, tests/measurements/control, operation, repair, servicing, technical support and maintenance of electronic components, devices, products, apparatus, instruments, equipment, systems, networks, operations and processes in the fields of electronics, including communications and/or telecommunications, information and communications technology (ICT), computers and their networking and hardware/firmware/software development and applications, broadcast/broadcasting, cable and wireless television, consumer and industrial electronics, electrooptics/ photonics/opto-electronics, electro-magnetics, avionics, aerospace, navigational and military applications, medical electronics, robotics, cybernetics, biometrics and all other related and convergent fields; it also includes the administration, management, supervision and regulatory aspects of such works and activities; similarly included are those teaching and training activities which develop the ability to use electronic engineering fundamentals and related advanced knowledge in electronics engineering, including lecturing and teaching of technical and professional subjects given in the electronics engineering and electronics technician curriculum and licensure examinations.
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(b) The scope and nature of practice of the Professional Electronics Engineer shall
embrace and consist of all of the above plus the sole authority to provide consulting services as defined in this Act and to sign and seal electronics plans, drawings, permit applications, specifications, reports and other technical documents prepared by himself/herself and/or under his direct supervision. (c) The scope and nature of practice of the Electronics Technician profession shall embrace and consist of any non-engineering work or activity relating to the installation, construction, operation, control, tests and measurements, diagnosis, repair and maintenance, manufacture and production, sales and marketing of any electronic component/s, device/s, products, apparatus, instruments, equipment, system/s, network/s, operations and processes located on land, watercraft, aircraft, industrial plants or commercial establishments, including the teaching and training of technical and professional subjects given in the electronics technician curriculum and licensure examinations. ARTICLE II PROFESSIONAL REGULATORY BOARD OF ELECTRONICS ENGINEERING SEC. 6. Composition of the Board. - There is hereby created a Professional Regulatory Board of Electronics Engineering, hereinafter referred to as the Board, under the administrative control and supervision of the Professional Regulation Commission, hereinafter referred to as the Commission, composed of a chairman and two (2) members who shall be appointed by the President of the Philippines from the three (3) recommendees per position chosen and ranked by the Commission, which recommendees shall in turn be chosen from the five (5) nominees for each position submitted by the accredited professional organization, in accordance with rules and regulations presently in existence or that may be promulgated for such purpose. SEC. 7. Powers and Functions of the Board. - The Board is vested with the authority to: (a) (b) (c) (d) Administer/Implement the provisions of this Act; Administer oaths in connection with the administration of this Act; Adopt an official seal of the Board; Issue, suspend or revoke Certificates of Registration and accordingly the Professional Identification Cards of Professional Electronics Engineers, Electronics Engineers or Electronics Technicians, 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; 371
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(f)
Issue, suspend and/or cancel special permits to foreign Professional Electronics Engineers, Electronics Engineers or Electronics Technicians 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 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 Technical 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 or already offering courses or programs in electronics engineering, electronics technician and related courses or programs and to see to it that these requirements, including employment of qualified faculty members, are properly complied with: Provided, That within three (3) years after the effectivity of this Act, the Board shall, in coordination with CHED, TESDA, and in consultation with other concerned government entities and the accredited professional organization, review and define/re-define the curricula for electronics engineering, electronics technician and/or allied courses or programs for the purpose of realigning, revising and/or consolidating the same and/or otherwise defining the minimum requirements by means of which graduates of related or allied courses or programs can qualify to take the Electronics Engineer and Electronics Technician licensure examinations; (k) Inspect educational institutions and based on their findings thereon, recommend to 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 Technicians in the Philippines; (m) Promulgate rules and regulations on the scope of practice of Professional Electronics Engineers, Electronics Engineers and Electronics Technicians; 372
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(n)
(o)
(p)
(q)
(r)
(s)
Promulgate a program for continuing professional education and/or development of Professional Electronics Engineers, Electronics Engineers and Electronics Technicians; 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; 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 agencies, representatives of industry and the Accredited Professional Organization; Study the conditions affecting the Professional Electronics Engineering, Electronics Engineering and Electronics Technician professions 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 establishments where Professional Electronics Engineers, Electronics Engineers and Electronics Technicians are employed for the purpose of determining compliance with the provisions of law relative thereto, in accordance with established policies promulgated by the Commission; 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, issue 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; 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 or Hearing Officer of the Commission;
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(t) Promulgate resolutions, orders and/or decisions on such administrative cases: Provided, That such resolutions, orders 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. SEC. 8. Qualifications of Board Members. - The chairman and members of the Board must possess the following qualifications at the time of their appointment: (a) Be a citizen and a resident of the Philippines for at least five (5) consecutive years prior to his/her appointment; (b) Be of good moral character and integrity; (c) Be a holder of a valid Certificate of Registration and a valid Professional Identification Card as a Professional Electronics Engineer, duly qualified to practice as a Professional Engineer in the Philippines; (d) Be a member of good standing of the Accredited Professional Organization; (e) Be in active practice of the electronics engineering profession for at least ten (10) years prior to his appointment, either in self-practice, or employment in government service and/or in the private sector; (f) Must not have any pecuniary interest, directly or indirectly, in any school, academy, college, university or institution conferring an academic degree and/or certification/accreditation necessary for admission to the practice of Electronics Engineering and/or Electronics Technician or where review classes in preparation for the licensure examination are being offered or conducted nor shall he/she be a member of the faculty or of the administration thereof prior to taking his/her oath of office; and 374
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(g) Must not have been convicted of an offense involving moral turpitude. SEC. 9. Term of Office. - The members of the Board shall hold office for a term of three (3) years from date of appointment or until their successors shall have been appointed and qualified and may be re-appointed once for another term. Any vacancy occurring within the term of a member shall be filled for the unexpired portion of the term only: Provided, That the member appointed to serve the unexpired term may be re-appointed more than once for as long as his/her continuous tenure shall not exceed six (6) years. Each member of the Board shall take the proper oath prior to the assumption of office. SEC. 10. Compensation and Allowances of the Board. - The Chairman and members of the Board shall receive compensation and allowances comparable to that being received by the Chairman and members of existing regulatory boards under the Commission as provided for in the General Appropriations Act. SEC. 11. Removal of Board Members. - The President of the Philippines, upon recommendation of the Commission, may suspend or remove any member of the Board for neglect of duty, incompetence, manipulation or rigging of the licensure examination results, disclosure of secret information or the examination questions prior to the conduct of the said examination, or tampering of the grades therein, for unprofessional or unethical conduct, or for any final judgment or conviction of any criminal offense by the Courts, after having given the member concerned an opportunity to be heard and/or to defend himself/herself in a proper administrative investigation. SEC. 12. Custodian of Board Records, Secretariat and Support Services. All records of the Board, including applications for examination, administrative cases involving Professional Electronics Engineers, Electronics Engineers and Electronics Technicians shall be kept by the Commission. The Commission shall designate the Secretary of the Board and shall provide the secretariat and other support services to implement the provisions of this Act. ARTICLE III EXAMINATION, REGISTRATION AND LICENSURE SEC. 13. Licensure Examination. - Except as otherwise specifically provided in this Act, all applicants seeking to be registered and licensed as Electronics Engineers and Electronics Technicians, shall undergo the required examinations to be given by the Board in such places and dates as
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the Commission may designate in accordance with the provisions of Republic Act No. 8981. SEC. 14. Qualifications for Examinations. - In order to be allowed to take the examination for Electronics Engineer or Electronics Technician, an applicant must, at the time of the filing of his/her application, establish to the satisfaction of the Board that: (a) He/She is a citizen of the Philippines or of a foreign country qualified to take the examination as provided for in Section 33 of this Act; (b) He/She is of good moral character and had not been convicted by a court of law of a criminal offense involving moral turpitude; (c) For the Electronics Engineering examinations, he/she is a holder of a degree of Bachelor of Science in Electronics and Communications Engineering or Electronics Engineering, or subject to compliance with minimum requirements to be prescribed by the Board, such equivalent and/or related engineering course or program from any school, institute, college, or university recognized by the Government or the State where it is established, after completing a resident collegiate course equivalent to that of a full baccalaureate degree; (d) For the Electronics Technician examinations: (1) is a graduate of an Associate, Technician, Trade or Vocational course in electronics or, subject to the evaluation of the Board, such equivalent and/or related formal or non-formal course or program from any school, college, university or training institution recognized by the Government or the State where it is established, after completing a resident course or program of not less than two (2) years, or (2) has completed at least the minimum third-year equivalent of a Bachelor of Science program in Electronics and Communications Engineering or Electronics Engineering program according to CHED guidelines, or, subject to the evaluation of the Board such equivalent and/or related engineering course or program from any school, institute, college or university recognized by the Government or State where it is established; SEC. 15. Scope of Examination for Electronics Engineers and Electronics Technicians. - The examination for Electronics Engineers shall consist of written tests which shall cover subjects prescribed by the Board but including at least the following: Mathematics, Applied Sciences, Engineering Economics, Laws and Ethics, Electronics, Communications, Computers, and Information and Communications Technology. The examinations for 376
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Electronics Technician shall consist of written and/or practical tests covering subjects to be prescribed by the Board and shall cover subjects specific to the practice of Electronics Technicians. As urgent and important need arises so as to conform to technological and modern changes, the Board may recluster, rearrange, modify, add to or exclude any subject and prescribe the number of final examination/s per year after approval by the Commission. The PRC Board resolution thereon shall be officially published in the Official Gazette or major daily newspapers of general circulation and also circularized and disseminated to all colleges. SEC. 16. Ratings. - To pass the licensure examination, a candidate for Electronics Engineer or Electronics Technician must obtain a passing rating of seventy percent (70%) in each subject given during the examination: Provided, however, That a candidate who obtains a passing rating in the majority of the subjects but obtains a rating in the other subject/s below seventy percent (70%) but not lower than sixty percent (60%), shall be allowed to take one removal examination on the subject/s where he/she failed to obtain the passing rating: Provided, finally, That should the examinee fail to obtain a passing rating in the removal examination, he/she shall be considered as having failed the entire licensure examination. SEC. 17. Release of the Results of Examination. - The Board and the Commission shall correct and rate the licensure examination papers and shall release the examination results within fifteen (15) days after the said examination. SEC. 18. Qualifications and Schedule of Registration for Professional Electronics Engineer. - For application for registration as a Professional Electronics Engineer, the following shall be required: (a) Valid Certificate of Registration and Professional Identification Card as Electronics Engineer; (b) Valid/current membership identification card from the Accredited Professional Organization; (c) Certified experience record of active self-practice and/or employment either in government service or in the private sector, in the format to be prescribed by the Board, indicating the inclusive dates, companies worked for, description of specific responsibilities, relevant accomplishments and name, position of immediate supervisors for a period of at least seven (7) years (inclusive and/or aggregate), at least two (2) years of which are in responsible charge of significant engineering work, from the date applicant took his/her oath as an Electronics and Communications Engineer or Electronics Engineer;
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(d) Three (3) certifications signed by three (3) Professional Electronics Engineers attesting that the experience record submitted by the applicant is factual. Applications for registration as Professional Electronics Engineer may be submitted anytime to the Commission. The Board shall then schedule an en banc oral interview of the applicant for the purpose of verifying, authenticating and assessing the submittals and establishing the competency of the applicant according to rules, regulations and competency standards to be formulated by the Board: Provided, That those who have been registered and licensed as Electronics and Communications Engineers under Republic Act No. 5734 for at least seven (7) years upon the effectivity of this Act need only to submit items (a), (b), and (c) above: Provided, further, That those who have been registered and licensed as Electronics and Communications Engineers under Republic Act No. 5734 for less than seven (7) years after the effectivity of this Act shall submit their certified experience records and certifications from three (3) Professional Electronics Engineers as in items (c) and (d) above, and submit to an en banc oral interview of the Board for competency assessment, upon passing of which he can be registered as a Professional Electronics Engineer. SEC. 19. Issuance of the Certificate of Registration and Professional Identification Card. - A Certificate of Registration shall be issued to examinees who pass the Electronics Engineer and Electronics Technician licensure examination, to Electronics Engineers who are registered as Professional Electronics Engineers and to Electronics Technicians who are registered without examination, subject to payment of fees prescribed by the Commission. The Certificate of Registration shall bear the signature of the Chairperson and Members of the Board, stamped with the official seal of the Commission and the Board, indicating that the person named therein is entitled to practice the profession with all the privileges appurtenant thereto, subject to compliance with all applicable requirements. The said certificate shall remain in full force and effect until withdrawn, suspended or revoked in accordance with this Act. A Professional Identification Card bearing the registration number, date of registration, duly signed by the Chairperson of the Commission, shall likewise be issued to every registrant who has paid the prescribed fee. This identification card will serve as evidence that the holder thereof is duly registered with the Commission. SEC. 20. Registration without Examination for Electronics Technicians. Within five (5) years after the effectivity of this Act, the Board shall issue Certificates of Registration and Professional Identification Cards without examination to applicants for registration as Electronics Technicians who shall present evidence or other proof satisfactory to the Board that: 378
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(a) He/She is a graduate of at least a two-year Associate, Technician, Trade or Vocational course in Electronics as certified by the TESDA, or that he/she has completed at least the minimum third-year equivalent of a Bachelor's Degree of Science in Electronics and Communications Engineering or Electronics Engineering program according to CHED guidelines, or, subject to the evaluation of the Board, an equivalent and/or related formal or non-formal course or program from any school, institute, college, university or training institution recognized by the Government or the State where it is established, and (b) He/She has rendered at least seven (7) years (inclusive or aggregate) of active self-practice and/or employment either in the Government or private sector, indicating therein his/her specific duties and responsibilities, relevant accomplishments, the complete names and addresses of clients and companies or persons worked for, as well as the names and positions of immediate superiors. The above submittals shall be accompanied by a certification from at least three (3) registered Professional Electronics Engineers vouching for the integrity, technical capability and good moral character of the applicant. SEC. 21. Non-issuance of a Certificate of Registration and/or Professional Identification Card for Certain Grounds. - The Board and/or the Commission shall not register and shall not issue a Certificate of Registration and Professional Identification Card to any person convicted by a court of competent jurisdiction of any crime involving moral turpitude, to any person of immoral or dishonorable conduct and to any person of unsound mind, furnishing the party concerned a written statement containing the reasons for such action, which statement shall be incorporated in the records of the Board. SEC. 22. Professional Oath. - All successful examinees and all those who have qualified for registration without examination shall be required to take a professional oath before any member of the Board or any person authorized by the Commission before he/she can be registered and issued a Certificate of Registration and Professional Identification Card, and as a prerequisite to practicing as a Professional Electronics Engineer, Electronics Engineer or Electronics Technician. SEC. 23. Revocation and Suspension of Certificate of Registration, Professional Identification Card and Cancellation of Special Permits. The Board shall, upon proper notice and hearing, revoke or suspend the validity of a Certificate of Registration and accordingly the Professional Identification Card, or cancel a Special Permit granted under Section 26 herein, for any of the causes mentioned in the preceding sections, or for 379
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unprofessional or unethical conduct, malpractice, incompetence or any violation of this Act and its implementing rules and regulations, the Code of Ethics and the Code of Technical Standards of Practice, or where fraud, deceit, or false statement was found to have been employed in obtaining said Certificate of Registration, Professional Identification Card or Special Permit. SEC. 24. Reinstatement, Re-issuance or Replacement of Certificate of Registration and Professional Identification Card. - The Board may, two (2) years after the revocation of a Certificate of Registration and Professional Identification Card, upon application and for reasons deemed proper and sufficient, reinstate the validity of a revoked Certificate of Registration and Professional Identification Card, subject to compliance with the applicable requirements of the Commission, and the Board: Provided, That he/she did not commit any illegal practice of the profession or any violation of this Act, its rules, codes and policies during the time that his/her Certificate of Registration and Professional Identification Card was revoked. A new Certificate of Registration or Professional Identification Card to replace lost, destroyed, or mutilated certificate or registration card may be issued, subject to the rules promulgated by the Board and the Commission, upon payment of the required fees. SEC. 25. Roster of Professional Electronics Engineers, Electronics Engineers and Electronics Technicians. - The Board shall prepare and maintain a roster of the names, residence and/or office address of all registered Professional Electronics Engineers, Electronics Engineers and Electronics Technicians, which shall be updated annually in cooperation with the Accredited Professional Organization, indicating therein the status of the Certificate of Registration, Professional Identification Card and membership in the Accredited Professional Organization of the professional, whether valid, inactive due to death or other reasons, delinquent, suspended or revoked. The said roster shall be conspicuously posted within the premises of the Commission and the information therefrom made available to the public upon inquiry or request. SEC. 26. Exemptions from Examination and Registration. - No examination and registration shall be required for foreign Professional Electronics Engineers, Electronics Engineers or Electronics Technicians who are temporarily employed by the Philippine Government or by private firms in the Philippines in the following cases: (a) Where no qualified equivalent Filipino professional is available for the specific item of work to be rendered, as attested to by the Accredited Professional Organization; 380
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(b) Where the conditions of the scope and funding for the work or project are such that it stipulates the temporary employment of a foreign professional; (c) As defined in the General Agreement on Trade in Services, the ASEAN and APEC Engineer Registry programs and other similar international treaties, agreements and/or covenants to which the Philippine Government is a signatory and has ratified: Provided, however, That: (1) The said foreign professional is legally qualified to practice his/her profession in his/her own country in which the requirements for licensing and registration are not lower than those specified in this Act; (2) The work to be performed by said foreign professional shall be limited only to the particular work or project for which he/she was specifically contracted; (3) Prior to commencing the work, the foreign professional shall secure a Special Permit from the Board, which shall be subject to the approval of the Commission; Provided, That no working visa and/or permit shall be issued by concerned government agencies unless such Special Permit has been granted first; (4) The same foreign professional shall not engage in private practice on his/her own account; (5) For every foreign professional contracted for the work or project, at least two (2) corresponding Filipino professionals who are registered under this Act shall be employed as counterparts by the Philippine Government or the private firm utilizing the services of such foreign professional for at least the same duration of time as the foreigner's tenure of work; and (6) The Special Permit herein granted shall be valid only for a period of not more than six (6) months and renewable every six (6) months thereafter subject to the discretion of the Board and the approval of the Commission: Provided, That said permit shall cease to be valid if the foreigner terminates his/her employment in the work or project for which said permit was originally granted and thereafter engages in an occupation that requires another Special Permit or registration under this Act.
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ARTICLE IV PRACTICE OF PROFESSIONAL ELECTRONICS ENGINEERING, ELECTRONICS ENGINEERING AND ELECTRONICS TECHNICIANS SEC. 27. Practice of the Profession. - No person shall offer himself/herself in the Philippines as, or use the title "Professional Electronics Engineer", "Electronics Engineer" or "Electronics Technician", as defined in this Act, or use any word, letter figure, or sign whatsoever, tending to convey the impression that he/she is a Professional Electronics Engineer, Electronics Engineer or Electronics Technician, or advertise that he/she is qualified to perform the work of a Professional Electronics Engineer, Electronics Engineer or Electronics Technician, without holding a valid Certificate of Registration and a valid Professional Identification Card in accordance with this Act, except as provided under Section 26 hereof. SEC. 28. Prohibitions and Limitations on the Practice of Electronics Engineering and Electronics Technician Profession. - Unless otherwise prescribed by any supervening law, the practice of electronics engineering and electronics technician shall be a professional service, admission to which must be determined on the basis of the individual's personal qualifications. Hence, no firm, company, partnership, association or corporation may be registered or licensed as such for the practice of electronics engineering and electronics technician. However, persons properly registered and licensed as Professional Electronics Engineers, Electronics Engineers or Electronics Technicians may, among themselves or with any other allied professionals, form a partnership or association or corporation and collectively render services as such: Provided, That individual members of such partnerships or associations or corporations shall be responsible for their own respective acts. SEC. 29. Seal of the Professional Electronics Engineers. - All licensed Professional Electronics Engineers shall obtain and use a seal of a design prescribed by the Board bearing the registrants name, registration number and title. Plans, drawings, permit applications, specifications, reports and other technical documents prepared by and/or executed under the supervision of, and issued by the Professional Electronics Engineer shall be stamped on every sheet/page with said seal, indicating therein his/her current Professional Tax Receipt (PTR) number, date/place of payment and current membership number in the Accredited Professional Organization, when filed with government authorities or when used professionally.
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SEC. 30. Code of Ethics and Code of Technical Standards of Practice. The Board shall adopt a Code of Ethics and the Code of Technical Standards of Practice for Electronics Engineers and Electronics Technicians, which shall be promulgated by the Accredited Professional Organization. ARTICLE V SUNDRY PROVISIONS SEC. 31. Continuing Professional Education (CPE) and/or Development Programs. All registered Professional Electronics Engineers, Electronics Engineers, and Electronics Technicians, shall comply with pertinent rules and regulations already prescribed by and/or as may be prescribed and promulgated by the Commission and/or the Board, the Accredited Professional Organization and other government agencies, pursuant to this Act and other relevant laws, international treaties, agreements and/or covenants to which the Philippines is a signatory and has ratified, with respect to continuing professional education and/or development and/or other similar/related programs. SEC. 32. Integrated and Accredited Professional Organization. - There shall be one (1) integrated and Accredited Professional Organization of Professional Electronics Engineers, Electronics Engineers and Electronics Technicians in the country, which shall be registered with the Securities and Exchange Commission as a non-stock, non-profit corporation and recognized by the Board, the Commission and all government agencies as the one and only integrated and accredited national organization for the said professionals. Every Professional Electronics Engineer, Electronics Engineer and Electronics Technician, upon registration with the Commission as such, shall ipso facto become a member of this Accredited Professional Organization. Those who have been previously registered by the Board but are not members of this Accredited Professional Organization at the time of effectivity of this Act, shall be allowed to register as members of this organization within three (3) years after the effectivity of this Act. Membership in this Accredited Professional Organization shall not be a bar to membership in other associations of the electronics engineering and electronics technician professions. The Accredited Professional Organization shall implement the continuing professional education, accredit other organizations or entities to provide continuing professional education, and/or development program promulgated by the Board and/or the Commission, compliance with which shall be one of the requisites for the maintenance of membership in good standing of the professional in the Accredited Professional Organization. All members of good standing of this Accredited Professional Organization shall be issued an annual membership card indicating the membership number and validity period of the membership, which shall be affixed to all plans, 383
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specifications and any document signed by the member in the course of practice of his/her profession. Failure to maintain membership in good standing in the Accredited Professional Organization shall be a cause for listing of the individual as delinquent in the roster of professionals. SEC. 33. Foreign Reciprocity. - No foreigner shall be admitted for registration as Professional Electronics Engineer, Electronics Engineer or Electronics Technician with or without examination under this Act unless he/she proves in the manner as provided by the Board that, by specific provisions of law, the country, state or province of which he/she is a citizen, subject or national, or in accordance with international treaties, agreements and/or covenants to which their country, state or province is a signatory, admits Filipino citizens to practice as Professional Electronics Engineer, Electronics Engineer or Electronics Technician after an examination or registration process on terms of strict and absolute equality with the citizens, subjects or nationals of said country, including the unconditional recognition of professional licenses issued by the Board and/or the Commission and prerequisite degrees/diplomas issued by institutions of learning duly recognized by the government of the Philippines. Sec. 34. Positions in Government Requiring the Services of Registered and Licensed Professional Electronics Engineers, Electronics Engineers and Electronics Technicians. - Within three (3) years from the effectivity of this Act, all existing and proposed positions in the local and national government, whether career, permanent, temporary or contractual and primarily requiring the services of Professional Electronics Engineers, Electronics Engineers or Electronics Technicians shall accordingly be filled only by registered and licensed Professional Electronics Engineers, Electronics Engineers or Electronics Technicians. ARTICLE VI PENAL PROVISION AND ASSISTANCE OF LAW ENFORCEMENT AGENCIES SEC. 35. Penal Provision. - The following shall be punished by a fine of not less than One hundred thousand pesos (P100,000.00) nor more than One million pesos (P1,000,000.00), or by imprisonment of not less than six (6) months nor more than six (6) years, or both, in the discretion of the court:
(a) Any person who shall give any false or fraudulent statement to the Board to
obtain a Certificate of Registration and/or Professional Identification Card as Professional Electronics Engineer, Electronics Engineer or Electronics Technician; 384
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(b) Any person who shall present or use as his/her own a Certificate of Registration,
Professional Identification Card, membership identification card in the Accredited Professional Organization and/or seal issued to another and any person who allows the use of his/her Certificate of Registration, Professional Identification Card, membership card in the Accredited Professional Organization and/or seal; (c) Any person who shall present or use a revoked or suspended Certificate of Registration as Professional Electronics Engineer, Electronics Engineer or Electronics Technician;
(d)
(e)
(f)
(g) (h)
(i)
Any person who shall assume, use, advertise or otherwise practice as Professional Electronics Engineer, Electronics Engineer or Electronics Technician, or append to his/her name, any letter/s or words tending to convey the impression that he/she is a registered Professional Electronics Engineer, Electronics Engineer or Electronics Technician, when in fact he/she is not duly registered with the Board as such; Any Professional Electronics Engineer, or any person on his/her behalf, who shall stamp or seal any document with his/her seal as such after his/her Certificate of Registration, Professional Identification Card and membership card in the Accredited Professional Organization has been revoked or suspended or after he/she has been suspended from practice or removed from the roster of Professional Electronics Engineer, Electronics Engineers or Electronics Technicians; Any Professional Electronics Engineer who shall sign his/her name, affix his/her seal, or use any other method of signature on plans, technical descriptions or other documents prepared by or under the supervision of another Professional Electronics Engineer, unless the same is prepared in such manner as to clearly indicate the part of such work actually performed by the former; Any person, except the Professional Electronics Engineer or Electronics Engineer in-charge, who shall sign for any electronics engineering work, or any function of electronics engineering practice, not actually performed by him/her; Any person holding a Certificate of Registration and Professional Identification Card as Professional Electronics Engineer, Electronics Engineer or Electronics Technician who shall be involved in illegal wire-tapping, cloning, hacking, cracking, piracy and/or other forms of unauthorized and malicious electronic eavesdropping and/or the use of any electronic devices in violation of the privacy of another or in disregard of the privilege of private communications and/or safety to life, physical and/or intellectual property of others, or who shall maintain an unlicensed and/or unregistered communications system or device; and Any person who shall violate any provision of this Act or any rules, regulations, the Code of Ethics and the Code of Technical Standards of Practice promulgated under this Act. 385
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SEC. 36. Assistance of Law Enforcement and Other Government Agencies. -Any law enforcement agency shall, upon call or request of the Board and/or the Commission, render assistance in enforcing this Act including the Code of Ethics, Code of Technical Standards of Practice and the implementing rules and regulations and measures promulgated hereunder, by prosecuting violators thereof in accordance with law and the Rules of Court. Any department, instrumentality, office, bureau, institution or agency of the government including local governments, upon call or request from the Board and/or the Commission, shall render such assistance as it may require, cooperate and coordinate with it in carrying out, enforcing or implementing this Act, the codes, policies, measures, programs or activities of the Board and/or the Commission that it may undertake pursuant to the provisions of this Act. ARTICLE VII TRANSITORY PROVISIONS SEC. 37. Transitory Provision - Upon effectivity of this Act, the incumbent Board of Electronics and Communications Engineering shall complete all pending/unfinished works within a six (6)-month period, after which it shall cease to exist. The President of the Philippines shall before then appoint the Chairman and members of the first Board of Electronics Engineering in accordance with Sections 6 and 8 herein, who shall formulate and thereafter promulgate the rules and regulations for the implementation of this Act. SEC. 38. Vested Rights: Electronics and Communications Engineers when this Law is Passed. - Electronics and Communications Engineers holding a valid Certificate of Registration and Professional Identification Card at the time of effectivity of this Act shall be automatically registered and recognized as Electronics Engineers and shall be issued a new Certificate of Registration and Professional Identification Card as Electronics Engineers with the same license number as their original Electronics and Communications Engineer Certificate of Registration, subject to the payment of prescribed fees and other requirements of the Board and/or Commission. ARTICLE VIII FINAL PROVISION SEC. 39. Implementing Rules and Regulations. - Subject to the approval of the Commission, the Board, in coordination with the accredited professional organization, shall adopt and promulgate such rules, regulations, resolutions, the Code of Ethics and the Code of Technical Standards of Practice for 386
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Professional Electronics Engineers, Electronics Engineers and Electronics Technicians to carry out the provisions of this Act, which shall be published in the Official Gazette or a newspaper of general circulation and shall be effective fifteen (15) days after publication therein. SEC. 40. Appropriations. - The Chairperson of the Professional Regulation Commission shall include in the Commission's program the implementation of this Act, the funding of which shall be included in the annual General Appropriations Act. SEC. 41. Separability Clause. - If any provisions of this Act or any portion hereof is declared unconstitutional by any competent court, the other provisions hereof shall not be affected thereby. SEC. 42. Repealing Clause. - Republic Act No. 5734 is hereby repealed. All other laws, executive orders, rules and regulations or parts thereof in conflict with the provisions of this Act are hereby repealed or amended accordingly. SEC. 43. Effectivity. - This Act shall take effect fifteen (15) days following its full publication in the Official Gazette or any newspaper of general circulation.
Approved.
FRANKLIN M. DRILLON President of the Senate
JOSE DE VENECIA, JR. Speaker of the House of Representatives This act which is a consolidation of House Bill No. 5224 and Senate Bill No. 2683 was finally passed by the House of Representatives and the Senate on February 2, 2004.
OSCAR G. YABES ROBERTO P. NAZARENO Secretary of the Senate Secretary General House of Representatives
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Approved: April 17, 2004 GLORIA MACAPAGAL-ARROYO President of the Philippines
BOARD OF ELECTRONICS ENGINEERING Resolution No. 02 Series of 2007 RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NUMBERED NINETY-TWO AND NINETY-TWO (R.A. 9292), KNOWN AS THE ELECTRONICS ENGINEERING LAW OF 2004. Pursuant to Section 39, Article VIII of Republic Act No. 9292: AN ACT PROVIDING FOR A MORE RESPONSIVE AND COMPREHENSIVE REGULATION FOR THE REGULATION, LICENSING AND PRACTICE OF PROFESSIONAL ELECTRONICSS ENGINEERS, ELECTRONICS ANGINEERS AND ELECTRONICS TECHNICIANS, REPEALING REPUBLIC ACT NO. 5734, OTHERWISE KNOWN AS THE ELECTRONICS AND COMMUNICATIONS ENGINEERING ACT OF THE PHILIPPINES, AND FOR OTHER PURPOSES, the Professional Regulatory Board of Electronics Engineering hereby promulgates, subject to approval by the Professional Regulation Commission, the hereunder rules and regulations to carry out effectively the provisions of R.A. No. 9292. Rule I SHORT TITLE, STATEMENT OF POLICY, DEFINITION OF TERMS, SCOPE OF PRACTICE SECTION 1. Short Title. This Resolution shall be known as the RULES AND REGULATIONS OF THE ELECTRONICS ENGINEERING LAW OF 2004, hereinafter - referred to as the IRR. SEC. 2. Statement of Policy The State recognizes the importance of electronics engineering in nation-building and development. The state shall therefore develop and nurture competent, virtuous, productive and wellrounded Professional Electronics Engineers, Electronics Engineers and Electronics Technicians whose standard of practice and service shall be excellent, qualitative, world class and globally competitive through inviolable, honest, effective and credible licensure examinations and through regulatory measures, programs and activities that foster their integrity, continuing 388
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professional education, development and growth. This IRR shall be integrated, construed, and carried out in the light of the Statement of Policy in Sec. 2, Art. I of R.A. No. 9292. SEC. 3. Definition and Interpretation of Terms As used in R.A. 9292, the following terms shall mean: (a) (b) Act refers to R.A. No. No. 9292 Accredited Professional Organization refers to the Institute of Electronics Engineers of the Philippines, Inc. (IECEP) as the integrated and accredited national organization of Professional Electronics Engineers, Electronics Engineers and Electronics Technicians pursuant to Sec. 32, Art. V of R.A. No. 9292. Broadcast, Broadcasting - an undertaking the object of which is to transmit audio, video, text, images or other signals or messages for reception of a broad audience in a geographical area via wired or wireless means. Commercial Establishment - shall include but not be limited to office buildings, hotels, motels, hospitals, condominiums, stores, apartments, supermarkets, schools, studios, stadia, parking areas, memorial chapels/parks, watercraft and aircraft used for business or profit, and any other building/s or area/s for business purposes, where electronic or electronically-controlled machinery or equipment are installed and/or are being used, sold, maintained, assembled, manufactured or operated. Communications - the process of sending and/or receiving information, data, signals and/or messages between two (2) or more points by radio, cable, optical wave guides or other devices and wired or wireless medium. Computer any of a variety of electronic devices that is capable of accepting data, programs and/or instructions, executing the programs and/or instructions to process the data and presenting the results. Consulting Services - as used in this Act, shall include services requiring adequate technical expertise, experience 389
(c)
(d)
(e)
(f)
(g)
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and professional capability in undertaking advisory and review, pre-investment or feasibility studies, design, planning, construction, supervision, management and related services, and other technical studies or special studies in the field of electronics engineering. (h) Electronics - the science dealing with the development and application of devices and systems involving the flow of electrons or other carriers of electric charge, in a vacuum, in gaseous media, in plasma, in semiconductors, in solid-state and/or in similar devices, including, but not limited to, applications involving optical, electromagnetic and other energy forms when transduced or converted into electronic signals. Electronics and Communications Engineer - a person who is qualified to hold himself/herself out as a duly registered and licensed Electronics and Communications Engineer under Republic Act No. 5734; Electronics Engineer - a person who is qualified to hold himself/herself out as a duly registered and licensed Electronics Engineer under R.A. No. 9292 and to affix to his/her name the letters "ECE". Electronics Technician - a person who is qualified to hold himself/herself out as a duly registered and licensed Electronics Technician under this Act and to affix to his/her name the letters "ECT". Industrial Plant includes all manufacturing establishments and other business endeavors where electronic or electronically-controlled machinery or equipment are installed and/or are being used, sold, maintained, assembled, manufactured or operated. Information and Communications Technology refers to the acquisition, production, transformation, storage and transmission/reception of data and information by electronic means in forms such as vocal, pictorial, textual, numeric or the like; also to the theoretical and practical applications and processes utilizing such data and information. 390
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(i)
(j)
(k)
(l)
(m)

(n)
Professional Electronics Engineer - a person who is qualified to hold himself/herself out as a duly registered and licensed Professional Electronics Engineer under R.A. No. 9292 and to affix to his/her name the letters "PECE"; Telecommunications - any transmission, emission or reception of voice, data, electronic messages, text, written or printed matter, fixed or moving pictures or images, words, music or visible or audible signals or sounds, or any information, intelligence and/or control signals of any design/format and for any purpose, by wire, radio, spectral, visual/optical/light, or other electronic, electromagnetic and technological means.
(o)
SEC. 4. Categories of Practice - The Act defines the three electronics engineering and technician categories and their abbreviations as follows: (a) (b) (c) Professional Electronics Engineer, (PECE) Electronics Engineer, (ECE) Electronics Technician, (ECT)
The above abbreviations, as well as other abbreviations used in R.A. No. 9292. shall, henceforth, be used in this IRR . The abbreviation ECE shall take on the new meaning as defined above and the professional title Electronics and Communications Engineer shall henceforth cease to exist. SEC. 5. Nature and Scope of Practice of Electronics Engineering and Electronics Technician - (a) The scope and nature of practice of the Electronics Engineer shall embrace and consist of any work or activity relating to the application of engineering sciences and/or principles to the investigation, analysis, synthesis, planning, design, specification, research and development, provision, procurement, marketing and sales, manufacture and production, construction and installation, tests/measurements/control, operation, repair, servicing, technical support and maintenance of electronic components, devices, products, apparatus, instruments, equipment, systems, networks, operations and processes in the fields of electronics, including communications and/or telecommunications, information and communications technology (ICT), computers and their networking and hardware/firmware/software development and applications, broadcast/broadcasting, cable and wireless television, consumer and 391
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industrial electronics, electro-optics/photonics/optoelectronics, electromagnetics, avionics, aerospace, navigational and military applications, medical electronics, robotics, cybernetics, biometrics and all other related and convergent fields; it also includes the administration, management, supervision and regulatory aspects of such works and activities; similarly included are those teaching and training activities which develop the ability to use electronic engineering fundamentals and related advanced knowledge in electronics engineering, including lecturing and teaching of technical and professional subjects given in the electronics engineering and electronics technician curriculum and licensure examinations.
(a) The scope and nature of practice of the ECE as defined in
this Section shall be also applicable to the PECE, with the sole difference that it shall only bethe latter who can provide consulting services as defined in R.A. No. 9292, and to sign and seal electronics plans, drawings, permit applications, specifications, reports and other technical documents prepared by himself/herself and/or under his/her direct supervision; (b) ECEs are not prevented from rendering design work and providing/assuming any supervisory role in electronics works and related fields; provided, that all plans, drawings, specifications, reports and related technical documents resulting or produced from such works which shall be submitted to regulatory authorities and/or that impacts on life, limb and property shall be reviewed and accordingly signed and sealed only by a PECE, to indicate that the PECE approves of and assumes responsibility for the technical accuracy and correctness, as well as the safety aspects, of the works represented by such documents; (c) Consulting services, as previously defined in Section 3, Article I of R.A. No. 9292 is further clarified herein as those consulting services rendered by the PECE regardless of the manner of compensation from the beneficiary thereof; (d) The scope and nature of practice of the ECT profession shall embrace and consist of any non-engineering work or activity relating to the installation, construction, operation, control, tests and measurements, diagnosis, repair and maintenance, manufacture and production, sales and marketing of any electronic component/s, device/s, products, apparatus, instruments, equipment, system/s, network/s, operations and processes located on land, watercraft, aircraft, industrial plants or commercial establishments, including the teaching and training of technical and professional subjects given in the electronics technician curriculum and licensure examinations. All subjects for licensure examinations shall be taught by persons who are holders of valid certificates of registration and professional identification cards, or special temporary permits issued by the Board and the Commission; Provided, that, for the implementation of this requirement, the 392
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Board through the Commission shall, within ninety (90) days from the effectivity of this IRR, furnish the CHED with a listing of the various subjects included in the licensure examinations, together with copies of the syllabi for the subjects for examination. Rule II THE PROFESSIONAL REGULATORY BOARD OF ELECTRONICS ENGINEERING SEC. 6. Composition of the Board - The Professional Regulatory Board of Electronics Engineering, hereinafter-referred to as the Board, under the administrative control and supervision of the Professional Regulation Commission, hereinafter-referred to as the Commission, shall be composed of a Chairman and two (2) Members who shall be appointed by the President of the Philippines from the three (3) recommendees per position chosen and ranked by the Commission, which recommendees shall in turn be chosen from the five (5) nominees for each position submitted by the Accredited Professional Organization or APO, in accordance with E.O. No. 496, Series of 1991, or the existing rules and regulations presently in existence or that may be promulgated for such purpose. SEC. 7. Powers and Functions of the Board - The Board is vested with powers and authorities to :
(a) (b) (c) (d)
Administer/implement the provisions of R.A. No. 9292; Administer oaths in connection with the administration of R.A. No. 9292; Adopt the official seal of the Board; Issue Certificates of Registration and the Professional Identification Cards of PECEs, ECEs or ECTs in accordance with Section 19, Article III of R.A. No. 9292, suspend or revoke the same, or otherwise suspend the holder thereof from the practice of his/her profession for any justifiable cause in accordance with Section 23 of R.A. NO. 9292, after due process; (e) Maintain rosters of PECEs, ECEs, and ECTs as defined in Section 25, Article III of R.A. No. 9292; (f) Issue, suspend and/or cancel special permits to foreign PECEs, ECEs and ECTs and/ or its equivalent in accordance with Sections 23 and 26, Article III of R.A. No. 9292; (g) Prescribe, amend or revise the requirements for licensing of PECEs, in accordance with the basic requirements defined in Section 18, Article III of R.A. No. 9292, and, as the need arises, taking into consideration latest technological developments, best practices in the international field, current developments in professional practice and the ECE profession, and any mutual 393
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(h) (i) (j)
(k)
(l) (m)
recognition/agreement or treaty acquiesced to by the Philippine government; and prepare, adopt and issue the syllabi of the subjects for the licensure examination for ECEs and ECTs in accordance with Section 15, Article III of R.A. No. 9292 , and prepare the questions thereof, in strict conformance with the scope of the syllabi. For this purpose, the Board may adopt recommendations from the Commission on Higher Education (CHED) and the Technical Education and Skills Development Authority (TESDA) in relation to approved courses or curricula; Adopt a program for the full computerization of the licensure examination, with the exception of any practical examination/s as it may specify and adopt for ECTs; Grant registration to ECTs without examination, subject to review and approval by the Commission, in accordance with Section 20, Article III of R.A. No. 9292; Study, examine and recommend, in coordination with the CHED and the TESDA, and in consultation with other concerned government entities and the APO, the essential requirements as to curricula and facilities of schools, colleges or universities, seeking permission to open courses or programs or already offering courses or programs in electronics engineering, electronics technician and related courses or programs and to see to it that these requirements, including employment of qualified faculty members, are properly complied with: Provided, that within three (3) years after the effectivity of R.A No. 9292, the Board shall, in coordination with CHED, TESDA, and in consultation with other concerned government entities and the APO, review and define/redefine the curricula for electronics engineering, electronics technician and/or allied courses or programs for the purpose of re-aligning, revising and/or consolidating the same and/or otherwise defining the minimum requirements by means of which graduates of related or allied courses or programs can qualify to take the ECE and ECT licensure examinations; for this purpose, the Board may adopt the CHED- and TESDA-approved course curricula for ECE, ECT and/or allied courses; Inspect educational institutions and based on its findings thereon, recommend to 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 program; accordingly, promulgate rules and regulations thereon; Adopt and administer a Code of Ethics and a Code of Technical Standards of Practice for PECEs, ECEs and ECTs, which shall be promulgated by the APO in accordance with Section 30, Article IV of R.A. No. 9292; In coordination and consultation with the APO and concerned parties in the industry, academe and agencies or institutions, shall issue appropriate Resolutions to further spell out, define and/or clarify the practice for PECEs,
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(n) (o)
(p)
(q)
(r)
(s)
(t)
ECEs and ECTs in accordance with the scope and nature of practice defined under Section 5, Article I of R.A. No. 9292; Promulgate and ensure strict compliance with a program for Continuing Professional Education and/or development of PECEs, ECEs and ECT in accordance with Sec. 31, Article V of R.A. No. 9292; Prescribe the minimum manning and manpower requirements for PECEs, ECEs and ECTs in industrial plants and commercial establishments for purposes of ensuring compliance with the provisions of R.A. No. 9292, as well as all other ordinances, laws, rules and regulations that may be enacted hereinafter; 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 agencies and representatives of industry and the Accredited Professional Organization; Study the conditions affecting the PECE, ECE and ECT professions in the Philippines, and whenever necessary, exercise the powers conferred by this and other Laws, rules and regulations 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 APO, duly authorized by the Board and approved by the Commission, conduct ocular inspection or visit industrial plants and commercial establishments where PECEs, ECEs and ECTs are employed for the purpose of determining compliance with the provisions of law relative thereto, in accordance with established policies, rules and regulations of the Commission; Hear and decide violations of the Act, the Code of Ethics and the Code of Technical Standards of Practice for the profession, and for this purpose, issue 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; 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 PECE, ECE and ECT professions, in which case the hearing shall be presided over by at least one (1) member of the Board assisted by a Legal or Hearing Officer of the Commission; Promulgate resolutions, orders and/or decisions on such administrative cases. Such resolutions, orders 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. 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;
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(u) Submit to the Commission 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 recommendations to the Commission; and (v) Discharge such other powers and functions as it and the Commission may deem necessary for the practice of the profession and the upgrading, enhancement, development and growth of the PECE, ECE and ECT professions in the Philippines. Except in administrative cases, all resolutions issued and/or promulgated by the Board in the exercise of the powers and functions vested under R.A No. 9292 and expounded in the RR thereof shall be subject to the review and approval by the Commission. Whenever necessary and practicable, the Board shall consult with all affected parties before issuing such Resolutions. All such Resolutions shall be approved by a majority of the Board. Duties of Chairman and Members. The Chairman shall preside at all meetings and sign all official documents, letters, correspondence involving important matters and policies of the Board including summons, subpoena or subpoena duces tecum. In case of temporary incapacity or absence of the Chairman, it shall be the duty of the members of the Board to attend all meetings particularly when the purpose of such meetings is to deliberate on the results of examinations or questions involving important policies of the Board. Meetings. Regular monthly meetings shall be held. Special meetings may be held as often as may be necessary at the discretion of the Chairman or upon the request of the majority of the Board. Quorum. All members shall attend the meetings of the Board, except for unavoidable circumstances, in which case two members of the Board may be sufficient to constitute a quorum for the transaction of official business. SEC. 8. Qualifications of Board Members The Chairman and members of the Board must possess the following qualifications at the time of their appointment:
(a) Be a citizen and a resident of the Philippines for at least five (5) consecutive
years prior to his/her appointment;
(b) Be of good moral character and integrity;
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(c) Be a holder of a valid Certificate of Registration and a valid Professional (d) (e) (f)
Identification Card as a PECE, duly qualified to practice as a PECE in the Philippines; Be a member of good standing of the APO; Be in active practice of the electronics engineering profession for at least ten (10) continuous years prior to his/her appointment, either in self-practice, or employment in government service and/or in the private sector; Must not have any pecuniary interest, directly or indirectly, in any school, academy, college, university or institution conferring an academic degree and/or certification/accreditation necessary for admission to the practice of Electronics Engineering and/or Electronics Technician or where review classes in preparation for the licensure examination are being offered or conducted nor shall he/she be a member of the faculty or of the administration thereof prior to taking his/her oath of office; and Must not have been convicted of an offense involving moral turpitude.
(g)
SEC. 9. Term of Office - The members of the Board shall hold office for a term of three (3) years from date of appointment or until their successors shall have been appointed and qualified and may be re-appointed once for another term. Any vacancy occurring within the term of a member shall be filled for the unexpired portion of the term only: Provided, That the member appointed to serve the unexpired term may be re-appointed more than once for as long as his/her continuous tenure shall not exceed six (6) years. Each member of the Board shall take the proper oath prior to the assumption of office. SEC. 10. Compensation and Allowances of the Board - The Chairman and members of the Board shall receive compensation and allowances comparable to that being received by the Chairman and members of existing regulatory Boards under the Commission as provided for in the General Appropriations Act. SEC. 11. Removal of Board Members - The President of the Philippines, upon recommendation of the Commission, may suspend or remove any member of the Board for neglect of duty, incompetence, manipulation or rigging of the licensure examination results, disclosure of secret information or the examination questions prior to the conduct of the said examination, or tampering of the grades therein, for unprofessional or unethical conduct, or for any final judgment or conviction of any criminal offense by the Courts, after having given the member concerned an opportunity to be heard and/or to defend himself/herself in a proper administrative investigation. SEC. 12. Custodian of Board Records, Secretariat and Support Services - All records of the Board, including applications for examination, 397
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administrative cases involving PECEs, ECEs and ECTs shall be kept by the Commission. The Commission shall designate the Secretary of the Board and shall provide the secretariat and other support services to implement the provisions of R.A. No. 9292. Rule III EXAMINATION, REGISTRATION AND LICENSURE SEC. 13 . Licensure Examination. Except as specifically provided in Sections 20 and 33 of R.A. No. 9292, all applicants seeking to be registered and licensed as ECEs and ECTs shall undergo the required examinations to be given by the Board in such places and dates as the Commission may designate in accordance with the provisions of Republic Act No. 8981. SEC. 14. Qualification for Examination. - In order to be allowed to take the examination for ECE or ECT, an applicant must, at the time of the filing of his/her application, establish to the satisfaction of the Board that:
(a) He/She is a citizen of the Philippines or of a foreign country qualified to take the
examination as provided for in Section 33, Article V of R.A. No. 9292;
(b) He/She is of good moral character and had not been convicted by a court of law
of a criminal offense involving moral turpitude;
(c) For the ECE examinations, He/She is a holder of a degree of Bachelor of

Science in Electronics and Communications Engineering or Electronics Engineering, or subject to compliance with minimum requirements to be prescribed by the Board through an appropriate Resolution, such equivalent and/or related engineering course or program from any school, institute, college, or university recognized by the Government or the State where it is established, after completing a resident collegiate course equivalent to that of a full baccalaureate degree. For graduates of equivalent and/or related engineering course or programs who are allowed to take the ECE licensure examination, the Board shall issue the corresponding Resolution/s identifying the concerned applicants and citing the basis for compliance with the minimum requirements it has prescribed that would allow them to take the licensure examination. (d) For the ECT examinations: (1) He/She is a graduate of an Associate, Technician, Trade or Vocational course in electronics or, subject to the evaluation of the Board, such equivalent and/or related formal or non-formal course or program from any school, college, university or training institution recognized by the Government or the State where it is established, after completing a resident course or program of not less than two (2) years. For graduates of related 398
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(2)
formal or non-formal course or programs who will be allowed to take the ECT licensure examination, the Board shall issue the corresponding Resolution/s identifying the applicants and citing the basis for compliance with the minimum requirements it has prescribed that would allow them to take the licensure examination; or He/she has completed at least the minimum third-year equivalent of a Bachelor of Science program in Electronics and Communications Engineering or Electronics Engineering program according to CHED guidelines, or, subject to the evaluation of the Board, such equivalent and/or related engineering course or program from any school, institute, college or university recognized by the Government or State where it is established. For undergraduates of Bachelor of Science in Electronics and Communications or Electronics Engineering programs, submission of transcript of records would be deemed satisfactory for compliance. For graduates of related engineering course or programs, the Board shall issue the corresponding Resolution/s identifying the applicants and citing compliance with the minimum requirements it has prescribed that would allow them to take the licensure examination.
SEC. 15
Scope of Examinations. (1) For Electronic Engineers The examination for ECEs shall consist of written test which shall be divided into four (4) general areas: Mathematics (20%), General Engineering and Applied Sciences (20%), Electronics Engineering (30%) and Electronics Systems and Technologies (30%). The subjects to be covered shall include the following: Mathematics, Applied Sciences, Engineering Economics, Laws and Ethics, Electronics, Communications, Computers and Information and Communications Technology (ICT). The corresponding syllabi and descriptions are found in Annex A of this IRR. (2) For Electronics Technicians The examinations for ECT shall consist of written and/or practical tests covering subjects to be prescribed by the Board and shall cover topics specific to the practice of ECTs. For this purpose, the Board may adopt recommendations from the TESDA in relation to approved course curricula and/or subjects covered in similar examinations that the latter is administering and/or conducting for accreditation of electronics technicians. As urgent and important need arises so as to conform to technological and modern changes, the Board may, through appropriate Resolutions, re-cluster, rearrange, modify, add to or exclude any subject and prescribe the number 399
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of final examination/s per year after approval by the Commission. The Resolution thereon shall be officially published in the Official Gazette or major daily newspapers of general circulation and also circularized and disseminated to all colleges and schools offering the ECE and ECT programs. Filing of Application (1) Applications shall be made in the prescribed form with all the required documents attached therewith and no application made otherwise shall be accepted. All questions and/or requirements in the Commission prescribed form shall be answered in full and/or fully complied with. Applications shall be filed together with the required documents and fees with the Commission thirty (30) working days prior to the first day of examination but in no case later than ten (10) days before the actual first day of examinations. (2) By filing of the application, it is understood that such is conditional and the applicant agrees to observe strictly the requirements prescribed in this IRR. (3) The designated department of the Commission shall screen the applications to determine whether or not the requirements for admission to the examination have been complied with. SEC. 16 Ratings To pass the licensure examination, a candidate for ECE or ECT must obtain a passing rating of seventy percent (70%) in each of the four (4) tests given during the examination. If a candidate obtains a passing rating in three (3) tests, but obtains a rating in one test below 70%, but not lower than 60%, shall be allowed to take one removal examination in any scheduled board examination on the test where he/she failed to obtain the passing rating. Should the examinee fail to obtain a passing rating in the removal examination, he/she shall be considered as having failed the entire licensure examination. SEC. 17 Release of Result of Examination. The Board and the Commission shall correct and rate the licensure examination and shall release the result within fifteen (15) days after the said examination. SEC. 18. Qualifications and Schedule of Registration for Professional Electronics Engineers. The following requirements are applicable for the application for registration as a PECE:
(a) Valid Certificate of Registration and Professional Identification Card as an ECE;
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(b) Valid/current membership identification card or certificate of membership of

good standing from the APO;
(c) Certified experience record of active self-practice and/or employment either in

government service or in the private sector, in the format to be prescribed by the Board, indicating the inclusive dates, companies worked for, description of specific responsibilities, relevant accomplishments and name, position of immediate supervisors for a period of at least seven (7) years (inclusive and/or aggregate), at least two (2) years of which are in responsible charge of significant engineering work, from the date applicant took his/her oath as an Electronics and Communications Engineer or Electronics Engineer; the seven years inclusive or aggregate experience includes those which have been accumulated when the applicant was still holding the Electronics and Communications Engineering registration under Republic Act No. 5734; and (d) Three (3) certifications signed by three (3) PECEs attesting that the experience record submitted by the applicant is factual. The Board shall specify the format for such certifications. Applications for registration as PECE may be submitted anytime to the Commission. The Board shall then schedule an en banc oral interview of the applicant for the purpose of verifying, authenticating and assessing the submittals and establishing the competency of the applicant according to rules, regulations and competency standards to be formulated by the Board. For this purpose, the Board may formulate its own competency standards or adopt internationally-accepted competency standards that it may deem acceptable, against which the qualification and competency of the applicant to practice as a PECE shall be assessed. Such competency standards shall be widely disseminated by the Board. Under the exception proviso stipulated in this particular Section 18, Article III of R.A. No. 9292 those who have been registered and licensed as Electronics and Communications Engineers under Republic Act No. 5734 for at least seven (7) years upon the effectivity of R.A. No. 9292 as elucidated in the afore-said provision need only to submit items (a), (b), and (c). Under the same exception proviso, those who have been registered and licensed as Electronics and Communications Engineers under Republic Act No. 5734 for less than seven (7) years upon the effectivity of the Act, may apply for fast track upgrading to PECE category, but shall additionally submit item (d) above and are mandatorily required to go through an en banc oral interview by the Board for verification and authentication of the submitted documents as well as competency assessment, upon passing of which can be registered as a PECE. 401
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SEC. 19. Issuance of Certificate of Registration and Professional Identification Cards. - A Certificate of Registration shall be issued to examinees who pass the ECE and ECT licensure examination, to ECEs who are registered as PECEs and to ECTs Technicians who are registered without examination, subject to payment of fees prescribed by the Commission. The Certificate of Registration shall bear the signature of the Chairperson and Members of the Board, stamped with the official seal of the Commission and the Board, indicating that the person named therein is entitled to practice the profession with all the privileges appurtenant thereto, subject to compliance with all applicable requirements. The said certificate shall remain in full force and effect until withdrawn, suspended or revoked in accordance with Section 23 of R.A. No. 9292. A Professional Identification Card bearing the registration number and date of registration, duly signed by the Chairperson of the Commission, shall likewise be issued to every registrant who has paid the prescribed fee. This Professional Identification Card will serve as evidence that the holder thereof is duly registered with the Commission. The Professional Identification Card shall be valid for a period prescribed by the Commission and renewable thereafter. The current/valid membership identification card from the APO shall be presented by the professional to the Commission when renewing the Professional Identification Card. SEC. 20. Registration with and without Examination for Electronics Technicians (ECT). Within five (5) years from the effectivity of R.A. No. 9292 on May 28, 2004 pursuant to Rule VII, Section 3 herein, the Board shall issue the corresponding Certificates of Registration and Professional Identification Cards to successful applicants for registration as Electronics Technicians who shall present evidence or other proof satisfactory to the Board that the applicants shall present evidence or other proof satisfactory to the Board that: (a) He/she is a graduate of at least a two-year Associate, Technician or Trade or Vocational course in Electronics as certified by the TESDA, or that he/she has completed at least the minimum third-year equivalent of a Bachelors Degree of Science in Electronics and Communications Engineering or Electronics Engineering program according to the CHED guidelines, or subject to the evaluation of the Board, an equivalent and/or related formal or non-formal course or program from any school, institute, college, university or training institution recognized by the Government or the State where it is established; and (b) He/ she has rendered at least seven (7) years (inclusive or aggregate) of active self-practice and/or employment either in the Government or private sector, 402
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indicating therein his/her specific duties and responsibilities, relevant accomplishments, the complete names and addresses or clients and companies or persons worked for, as well as the names and positions of immediate supervisors. The above submittals shall be accompanied by individual certifications from at least three (3) registered PECEs vouching for the integrity, technical capability and good moral character of the applicant in a format to be prescribed by the Board. Such certifications shall be sealed by the PECEs. SEC. 21. Non-issuance of a Certificate of Registration and/or Professional Identification Card for Certain Grounds - The Board and/or the Commission shall not register and shall not issue a Certificate of Registration and Professional Identification Card to any person convicted by a court of competent jurisdiction of any crime involving moral turpitude, to any person of immoral or dishonorable conduct and to any person of unsound mind, furnishing the party concerned a written statement containing the reasons for such action, which statement shall be incorporated in the records of the Board. SEC. 22. Professional Oath All successful examinees and all those who have qualified for registration without examination shall be required to take a professional oath before any member of the Board or any person authorized by the Commission before he/she can be registered and issued a Certificate of Registration and Professional Identification Card, and as a prerequisite to practicing as a Professional Electronics Engineer, Electronics Engineer or Electronics Technician. SEC. 23. Revocation and Suspension of Certificate of Registration, Professional Identification Card and Cancellation of Special Permits. The Board shall, upon proper notice and hearing, revoke or suspend the validity of a Certificate of Registration and accordingly the Professional Identification Card, or cancel a Special Permit granted under Section 26 of the Act, for any of the causes mentioned therein, or for unprofessional or unethical conduct, malpractice, incompetence or any violation of R.A. No. 9292, the Code of Ethics and the Code of Technical Standards of Practice, or where fraud, deceit, or false statement was found to have been employed in obtaining said Certificate of Registration, Professional Identification Card or Special Permit. No certificate shall be denied, revoked or suspended for any of the reasons herein, provided, not until after a sworn complaint in writing and sworn to by the person making it against the applicant or holder thereof shall have been filed with the Board through the Legal and Investigation Office and 403
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heard in a public hearing, Board.
or upon request behind closed doors by the
Any person, firm, or association may file 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. The rules on administrative investigation issued by the Commission shall govern the hearing or investigation of the case, subject to applicable provisions of R.A. No. 9292, R.A. No. 8981, PRC Resolution No. 06-342(A), Series of 2006, and the Rules of Court. SEC. 24. Reinstatement, Re-issuance or Replacement of Certificate of Registration and Professional Identification Card. The Board may, two (2) years after the revocation of a Certificate of Registration and Professional Identification Card, upon application of the party concerned and for reasons deemed proper and sufficient, reinstate the validity of a revoked Certificate of Registration and Professional Identification Card, subject to compliance with the applicable requirements of the Commission and the Board; Provided, That the party concerned did not commit any illegal practice of the profession or any violation of R.A. NO. 9292 codes and policies during the time that his/her Certificate of Registration and Professional Identification Card was revoked. The Board subject to approval by the Commission shall issue a resolution granting a petition for reinstatement to the practice of the profession. A new Certificate of Registration or Professional Identification Card to replace lost, destroyed, or mutilated Certificate of Registration or Professional Identification Card may be issued, subject to the rules promulgated by the Board and/or the Commission, upon payment of the required fees. SEC. 25. Roster of Professional Electronics Engineers, Electronics Engineers and Electronics Technicians. The Board shall prepare and maintain a roster of the names, residence and/or office address of all registered PECEs, ECEs and ECTs, which shall be updated annually in cooperation with the APO, indicating therein the status of the Certificate of Registration, Professional Identification Card and membership in the APO of the professional, whether valid, inactive due to death or other reasons, delinquent, suspended or revoked. The said roster shall be conspicuously posted within the premises of the Commission and the information therefrom made available to the public upon inquiry or request. SEC. 26. Exemptions from Examination and Registration. No examination and registration shall be required for foreign PECEs, ECEs or 404
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ECTs and equivalent who are temporarily employed by the Philippine Government or by private firms in the Philippines in the following cases: (a) Where no qualified equivalent Filipino professional is available for the specific item of work to be rendered, as attested to by the APO. For this purpose, the APO shall, upon formal request by the foreign professional and upon proper verification, issue a written certification to such effect; (b) Where the condition/s of the scope and funding for the work or project are such that it stipulates the temporary employment of a foreign professional. The Board shall accordingly require the foreign professional to submit the necessary documents to evidence such condition/s; (c) As defined in the General Agreement on Trade in Services, the ASEAN and APEC Engineer Registry programs and other similar international treaties, agreements and/or covenants to which the Philippine Government is a signatory and has ratified. This shall include any bilateral or multi-lateral mutual recognition agreements in services that the Philippines have agreed to or will enter into in the future; Provided, however, that: (1) The said foreign professional is legally qualified to practice his/her profession in his/her own country in which the requirements for licensing and registration are not lower than those specified in the Act. The Board shall require the foreign professional to submit evidence or proof that it may deem necessary for this purpose; (2) The work to be performed by said foreign professional shall be limited only to the particular work or project for which he/she was specifically contracted. This shall be accordingly reflected in the Special Permit to be issued by the Board under the following provision of this Section; (3) Prior to commencing the work and securing a working visa and/or working permit from the concerned government agencies, the foreign professional shall secure a Special Permit from the Board, which shall be subject to the approval of the Commission. This requirement shall be complied with all the cases (Sections 26.a, 26.b and 26.c) enumerated above; (4) The same foreign professional shall not engage in private practice on his/her own account. Any proven violation hereof shall be adequate ground for cancellation and/or non-renewal of the Special Permit granted to the foreign professional; (5) For every foreign professional contracted for the work or project, at least two (2) corresponding Filipino professionals who are registered under the Act shall be employed as counterparts by the Philippine Government or the private firm utilizing the services 405
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(6)
of such foreign professional for at least the same duration of time as the foreigner's tenure of work. The foreign professional shall submit the appropriate evidence or proof of compliance with this requirement; and The Special Permit herein granted shall be valid only for a period of not more than six (6) months and renewable every six (6) months thereafter subject to the discretion of the Board and the approval of the Commission: Provided, That said permit shall cease to be valid if the foreigner terminates his/her employment in the work or project for which said permit was originally granted and thereafter engages in an occupation that requires another Special Permit or registration under R.A. No. 9292.
SEC. 27. Practice of the Profession. No person shall offer himself/herself in the Philippines as, or use the title "Professional Electronics Engineer", "Electronics Engineer" or "Electronics Technician", as defined in R.A. No. 9292, or use any word, letter figure, or sign whatsoever, tending to convey the impression that he/she is a PECE, ECE or ECT, or advertise that he/she is qualified to perform the work of a PECE, ECE or ECT, without holding a valid Certificate of Registration and a valid Professional Identification Card in accordance with R.A No. 9292 , except as provided under Section 26, Article III thereof. SEC. 28. Prohibitions and Limitations on the Practice of Electronics Engineering and Electronics Technician Profession. Unless otherwise prescribed by any supervening law, the practice of electronics engineering and electronics technician shall be a professional service, admission to which must be determined on the basis of the individuals personal qualifications. Hence, no firm, company, partnership, association or corporation may be registered or licensed as such for the practice of electronics engineering or electronics technician. However, persons properly registered as PECE, ECE, ECT may, among themselves or with any other allied professionals, form a partnership or association or corporation and collectively render services as such, Provided, that individual members of such partnerships or associations or corporations shall be responsible for their own respective acts. The Board subject to approval by the Commission shall issue a resolution on the guidelines for the registration by the Board and the Commission of a partnership, association or corporation composed of PECEs, ECEs, ECTs. SEC. 29. Seal of the Professional Electronics Engineers. All licensed Professional Electronics Engineers shall obtain and use a seal of a design prescribed by the Board bearing the registrants name, registration Number and title. Plans, drawings, permit application, specifications, reports 406
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and other technical documents prepared by and/or executed under the supervision of, and issued by the Professional Electronics Engineer shall be stamped on every sheet/page with said seal, indicating therein his/her current Professional Tax Receipt (PTR) number, date/place of payment and current membership number in the Accredited Professional Organization when filed with government authorities or when used professionally. Official Logo of the Board and Seal of Professional Electronics Engineer (a) The Official Seal/Logo of the Board which is shown hereunder is circular in shape, consisting two concentric circles, with the outside circle measuring 48mm in diameter and the inner circle measuring 28mm in diameter. The upper part of the annular space bear the words BOARD OF ELECTRONICS ENGINEERING and lower half the words PROFESSIONAL REGULATION COMMISSION. The inner circle space has the symbol of an atom with a nucleus and electrons located at the middle portion. The outer and inner ring is filled with orange with boundaries in navy blue color, the text is black with white background, the inner ring is filled with navy blue background, the atom with white and the nucleus and electrons in red color.
(b) The Seal of Professional Electronics Engineer as provided by Section 29, Article IV of R.A. No. 9292 shall be, a dry circular seal consisting of two concentric circles with the outer circle measuring 48mm in diameter and the inner circle measuring 32mm in diameter with the appearance of an atom with a nucleus and electrons on the upper portion, a horizontal space bearing the word LICENSE NO. and just below is the license number. The portion of the inner circle below the diametral space shall bear the name of the person holding the Professional Electronics Engineer 407
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license. The upper portion of the annular space bear the words PROFESSIONAL ELECTRONICS ENGINEER and the lower portion bear the word PHILIPPINES.
All registered Professional Electronics Engineers shall obtain and use a seal prescribed by the Board bearing the registrants name, title and registration number. Plans, drawings, reports, permit applications, specifications and other technical documents prepared by and/or executed under the supervision of, and issued by the Professional Electronics Engineer shall be stamped on every sheet/page with said seal, indicating therein his/her current Professional Tax Receipt (PTR) number, date/place of payment and current membership number in the APO when filed with government authorities or when used professionally. For control and security purposes, the Board subject to approval by the Commission shall issue a Resolution, designating the APO as the sole source of the PECE dry seal, including any replacement for lost or damaged dry seals. The APO shall take the necessary security measures to ensure the authenticity and integrity of all PECE dry seals that it issues, maintain an accurate record thereof, and render an annual report thereon to the Board and the Commission. SEC. 30. Code of Ethics and Code of Technical Standards of Practice. - The Board shall adopt the Code of Ethics and the Code of Technical Standards of Practice for PECEs, ECEs and ECTs, which shall be promulgated by the APO. The APO shall submit the same to the Board within six (6) months from the effectivity of this IRR for consideration and adoption. The Code of Technical Standards of Practice shall be updated whenever necessary to conform to latest technological standards, changes, trends, and developments. 408
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SEC. 31. Continuing Professional Education (CPE) and/or Development Programs. All registered PECEs, ECEs and ECTs shall comply with pertinent rules and regulations already prescribed by and/or as may be prescribed and promulgated by the Commission and/or the Board, the APO and other government agencies, pursuant to R.A. No. 9292, as well as other relevant laws, international treaties, agreements and/or covenants to which the Philippines is a signatory and has ratified, with respect to Continuing Professional Education and/or Development (CPE/D) and/or other similar/related programs; Such CPE/D program shall be jointly developed by the Board, the Commission, and the APO, in consultation with any other affected or concerned agencies of the government, and promulgated by the Board in accordance with Section 7(n), Article II of R.A. No. 9292. The program shall be continuously reviewed and updated to keep it attuned to modern technology and technical standards, latest developments, and current best practices. SECTION 32. Integrated and Accredited Professional Organization. There shall be one (1) integrated and Accredited Professional Organization of Professional Electronics Engineers, electronics Engineers and Electronics Technicians in the country, which shall be registered with the Securities and Exchange Commission as a non-stock, non-profit corporation and recognized by the Board, the Commission and all government agencies as the one and only integrated and accredited national organization for the said professionals. Every Professional electronics Engineer, electronics Engineer and Electronics Technician, upon registration with the Commission as such, shall ipso facto become a member of this Accredited Professional Organization. Those who have bee previously registered by the Board but are not members of this Accredited Professional Organization at the time of effectivity of R.A. No. 9292, shall be allowed to register as members of this organization within three (3) years after the effectivity of this Act . Membership in this Accredited Professional Organization shall not be a bar to membership in other association of the electronics engineering and electronics technician professions. An Accredited Professional Organization shall implement the continuing professional education, accredit other organizations or entities to provide continuing professional education, and/or the Commission, compliance with which shall be one of the requisites for the maintenance of membership in good standing of the professional in the Accredited Professional Organization. All members of good standing of this Accredited Professional Organization shall be issued a annual membership card indicating the 409
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membership number and validity period of the membership, which shall be affixed to all plans, specifications and any document signed by the member in the course of practice of his/her profession. Failure to maintain membership in good standing in the Accredited Professional Organization shall be a cause for listing of the individual as delinquent in the roster of professionals. SEC. 33 . Foreign Reciprocity - No foreigner shall be admitted for registration as PECE, ECE or ECT with or without examination under the Act unless he/she proves in the manner as provided by the Board that, by specific provisions of law, the country, state or province of which he/she is a citizen, subject or national, or in accordance with international treaties, agreements and/or covenants to which their country, state or province is a signatory, admits Filipino citizens to practice as PECE, ECE or ECT after an examination or registration process on terms of strict and absolute equality with the citizens, subjects or nationals of said country, including the unconditional recognition of professional licenses issued by the Board and/or the Commission and prerequisite degrees/diplomas issued by institutions of learning duly recognized by the government of the Philippines. The foreigner who applies for examination and/or registration under such case has the burden of proving the existence of reciprocity in his/her country, state or province. A foreign citizen, whether he/she studies in the Philippines or not, who desires to take the Board Licensure Examination for PECEs, ECEs, ECTs through reciprocity shall initiate the establishment of reciprocity between his/her country/state and the Philippines by presenting/submitting a letter or any document signed and under official seal by the appropriate official of his/her country/state requesting the Chairman of the Board to allow the foreign applicant to take the Board Licensure Examination for Guidance Counselors that by express provision of the law of his/her country/state, Filipino citizens shall be allowed to take the Licensure Examination for PECEs, ECEs, ECTs and to register as PECEs, ECEs, ECTs in his/her country/state on terms of strict and absolute equality with the citizens or subjects of said country or state including the unconditional recognition of prerequisite degrees issued by institutions of higher learning duly recognized or established by the Government of the Republic of the Philippines attaching/appending thereto an authentic or authenticated official copy of said law officially translated in the English language. If the letter/document and the copy of the law submitted by the applicant is satisfactory to the Board, the Board shall issue a Resolution allowing the foreign applicant to take the Board Licensure Examination for PECEs, ECEs, 410
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ECTs by requiring him/her to file an application to take the Licensure Examination and by submitting the following documents that shall accompany the application.
(a) The original or certified copy of any official document issued by the Bureau of
Immigration and Deportation allowing the applicant to enter and reside in the Philippines; (b) Present his/her passport for examination and for photocopying of pertinent information about the applicant; (c) Original or authenticated copy of transcript of records or equivalent document of the course for Licensure Examination issued by the institution of higher learning where he/she studied, duly authorized or accredited by his/her country/state; and (d) Other documents which may be required to be submitted by the Board.
SEC. 34. Positions in Government Requiring the Services of Registered and Licensed Professional Electronics Engineers, Electronics Engineers and Electronics Technicians. - Within three (3) years from the effectivity of R.A. No. 9292, all existing and proposed positions in the local and national government, whether career, permanent, temporary or contractual and primarily requiring the services of PECEs, ECEs or ECTs shall accordingly be filled only by registered and licensed PECEs, ECEs or ECTs. The Board shall coordinate with the concerned government agency/ies regarding the procedure and requirements for the implementation and strict compliance with Section 34, Article V of R.A. No. 9292; SEC. 35 . Penal Provisions The following shall be punished by a fine of not less than One hundred thousand pesos (P100,000.00) nor more than One million pesos (P1,000,000.00), or by imprisonment of not less than six (6) months nor more than six (6) years, or both, in the discretion of the court:
(a) Any person who shall give any false or fraudulent statement to the Board to
obtain a Certificate of Registration and/or Professional Identification Card as PECE, ECE or ECT; (b) Any person who shall present or use as his/her own a Certificate of Registration, Professional Identification Card, membership identification card in the APO and/or seal issued to another and any person who allows the use of his/her Certificate of Registration, Professional Identification Card, membership card in the APO and/or seal; (c) Any person who shall present or use a revoked or suspended Certificate of Registration as PECE, ECE or ECT; (d) Any person who shall assume, use, advertise or otherwise practice as PECE, ECE or ECT, or append to his/her name, any letter/s or words tending to convey 411
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(e)
(f)
(g) (h)
(i)
the impression that he/she is a registered PECE, ECE or ECT, when in fact he/she is not duly registered with the Board as such; Any PECE, or any person on his/her behalf, who shall stamp or seal any document with his/her seal as such after his/her Certificate of Registration, Professional Identification Card and membership card in the APO has been revoked or suspended or after he/she has been suspended from practice or removed from the roster of PECEs, ECEs or ECTs; Any PECE who shall sign his/her name, affix his/her seal, or use any other method of signature on plans, technical descriptions or other documents prepared by or under the supervision of another PECE, unless the same is prepared in such manner as to clearly indicate the part of such work actually performed by the former; Any person, except the PECE or ECE-in-charge, who shall sign for any electronics engineering work, or any function of electronics engineering practice, not actually performed by him/her; Any person holding a Certificate of Registration and Professional Identification Card as PECE, ECE or ECT who shall be involved in illegal wire-tapping, cloning, hacking, cracking, piracy and/or other forms of unauthorized and malicious electronic eavesdropping and/or the use of any electronic devices in violation of the privacy of another or in disregard of the privilege of private communications and/or safety to life, physical and/or intellectual property of others, or who shall maintain an unlicensed and/or unregistered communications system or device; and Any person who shall violate any provision of R.A. No. 9292 or any rules, regulations, the Code of Ethics and the Code of Technical Standards of Practice promulgated hereunder.
SEC. 36. Assistance of Law Enforcement and Other Government Agencies - Any law enforcement agency shall, upon call or request of the Board and/or the Commission, render assistance in enforcing R.A. No. 9292 including the Code of Ethics, Code of Technical Standards of Practice and the IRR, and measures promulgated hereunder, by prosecuting violators thereof in accordance with law and the Rules of Court; Any department, instrumentality, office, bureau, institution or agency of the government including local governments, upon call or request from the Board and/or the Commission, shall render such assistance as it may require, cooperate and coordinate with it in carrying out, enforcing or implementing R.A. No. 9292, the codes, policies, measures, programs or activities of the Board and/or the Commission that it may undertake pursuant to the provisions of R.A. No. 9292.
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Rule VII TRANSITORY PROVISIONS SEC. 37. Transitory Provisions. Upon effectivity on May 24, 2004 of R.A. No. 9292, the incumbent Board of Electronics and Communications Engineering shall complete all pending/unfinished works within a six (6) month period, after which it shall cease to exist. The President of the Philippines shall before then appoint the Chairman and Members of the first Board of Electronics Engineering in accordance with Sections 6 and 8 herein, who shall formulate and thereafter promulgate the rules and regulations for the implementation of R.A. No. 9292. SEC. 38. Vested Rights: Electronics and Communications Engineers when this Law is Passed. - Electronics and Communications Engineers holding a valid Certificate of Registration and Professional Identification Card at the time of the effectivity on May 24, 2004 of R.A. No. 9292 shall be automatically registered and recognized as Electronics Engineers and shall be issued a new Certificate of Registration and Professional Identification Card as Electronics Engineer with the same license number as their original Electronics and Communications Engineer Certificate of Registration upon filing of application in the prescribed form of the Commission, payment of the prescribed fees and submission of valid/current ID or Certificate of Membership from the APO. Rule VIII FINAL PROVISIONS SEC. 39. Implementing Rules and Regulations. - Subject to the approval of the Commission, the Board, in coordination with the accredited professional organization, shall adopt and promulgate such rules, regulations, resolutions, the Code of Ethics and the Code of Technical Standards of Practice for Professional Electronics Engineers, Electronics Engineers, and Electronics Technicians to carry out the provisions of R.A. No. 9292 which shall be published in the Official Gazette or a newspaper of general circulation in the Philippines and shall be effective after fifteen (15) days its full and complete publication therein. SEC. 40. Appropriations. The Chairperson of the Professional Regulation Commission shall include in the Commissions program the implementation of R.A No. 9292, the funding of which shall be included in the Annual General Appropriation Act. 413
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SEC. 41. Separability Clause. If any provision of this IRR, or the application thereof to any person or circumstance is declared or unconstitutional invalid or, all the rest of the provisions or application thereof to other persons or circumstances shall not be affected by such declaration. SEC. 42. Repealing Provisions. All Rules and Regulations, Board Resolutions and memoranda or parts thereof in conflict with any provision of this IRR and/or inconsistent herewith are hereby repealed or amended accordingly. SEC. 43. Effectivity. This IRR shall take effect after fifteen (15) days following its complete and full publication in the Official Gazette or in any newspaper of circulation in the Philippines.
st Done in the City of Manila, Philippines on the 31 day of August, 2007.
SIGNED SYLVIA ICASIANO-MARCELO Chairman SIGNED NESTOR C. DACANAY Member ATTESTED BY: SIGNED CARLOS G. ALMELOR Secretary Professional Regulatory Boards APPROVED : SIGNED LEONOR TRIPON-ROSERO Chairperson SIGNED NILO L. ROSAS Commissioner SIGNED RUTH R. PADILLA Commissioner SIGNED JOEL B. BAJADOR Member
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ASIM/NCD/JBB/CGA/Shirley C:irr 9292 final draft
TEST 8-4 1. RA 9292 is known as A. B. C. D. 2. Electronics Engineering Law of 2004 Electronics and Communications Engineering Law of the Philippines Electronics and Communications Engineering Law of 2004 Electronics Engineering Law of the Philippines
The science dealing with the development and application of devices and systems involving the flow of electrons or other carriers of electric charge, in a vacuum, in gaseous media, in plasma, in semiconductors, in solid-state and/or in similar devices, including, but not limited to, applications involving optical, electromagnetic and other energy forms when transduced or converted into electronic signals. A. Electronics B. Communications C. Electricity D. Physics
3.
A person who is qualified to hold himself/herself out as a duly registered/licensed Professional Electronics Engineer under RA 9292 and to affix to his/her name the letters "PECE". A. Professional Electronics and Communications Engineer B. Professional Electronics Engineer C. Electronics Engineer D. Electronics and Communications Engineer
4.
A person who is qualified to hold himself/herself out as a duly registered/licensed Electronics Engineer under RA 9292 and to affix to his/her name the letters "ECE". A. Professional Electronics and Communications Engineer B. Professional Electronics Engineer C. Electronics Engineer D. Electronics and Communications Engineer 415
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5.
A person who is qualified to hold himself/herself out as a duly registered/licensed Electronics Technician under RA 9292 and to affix to his/her name the letters "ECT". A. Professional Electronics and Communications Engineer B. Professional Electronics Engineer C. Electronics Engineer D. Electronics Technician
6.
A person who is qualified to hold himself/herself out as a dulyregistered/licensed Electronics and Communications Engineer under Republic Act No. 5734. A. Professional Electronics and Communications Engineer B. Professional Electronics Engineer C. Electronics Engineer D. Electronics and Communications Engineer
7.
Any of a variety of electronic devices that is capable of accepting data, programs and/or instructions, executing the programs and/or instructions to process the data and presenting the results. A. Computer B. ICT C. ATM D. Laptop
8.
The acquisition, production, transformation, storage and transmission/reception of data and information by electronic means in forms such as vocal, pictorial, textual, numeric or the like; also refers to the theoretical and practical applications and processes utilizing such data and information. A. B. C. D. Information and Communications Technology Communications Telecommunications Information Technology
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9.
The process of sending and/or receiving information, data, signals and/or messages between two (2) or more points by radio, cable, optical wave guides or other devices and wired or wireless medium A. B. C. D. Information and Communications Technology Communications Telecommunications Information Technology
10. Any transmission, emission or reception of voice, data, electronic messages, text, written or printed matter, fixed or moving pictures or images, words, music or visible or audible signals or sounds, or any information, intelligence and/or control signals of any design/format and for any purpose, by wire, radio, spectral, visual/optical/light, or other electronic, electromagnetic and technological means. A. B. C. D. Information and Communications Technology Communications Telecommunications Information Technology
11. An undertaking the object of which is to transmit audio, video, text, images or other signals or messages for reception of a broad audience in a geographical area via wired or wireless means. A. Communications B. Broadcasting C. Transmission D. Paging 12. Includes all manufacturing establishments and other business endeavors where electronic or electronically-controlled machinery or equipment are installed and/or are being used, sold, maintained, assembled, manufactured or operated. A. Industrial Plant B. Commercial Establishment C. Production Area D. Power Plant
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13. Shall include but not be limited to office buildings, hotels, motels, hospitals, condominiums, stores, apartments, supermarkets, schools, studios, stadia, parking areas, memorial chapels/parks, watercraft and aircraft used for business or profit, and any other building/s or area/s for business purposes, where electronic or electronically-controlled machinery or equipment are installed and/or are being used, sold, maintained, assembled, manufactured or operated. A. Industrial Plant B. Commercial Establishment C. Production Area D. Power Plant 14. Shall include services requiring adequate technical expertise, experience and professional capability in undertaking advisory and review, preinvestment or feasibility studies, design, planning, construction, supervision, management and related services, and other technical studies or special studies in the field of electronics engineering. A. Consulting Services B. Primary Services C. Secondary Services D. Technical Services 15. The integrated and accredited national organization of Professional Electronics Engineers, Electronics Engineers and Electronics Technicians. A. IECEP B. Accredited Professional Organization C. PIECEP D. Organization of PECE 16. To be qualified as a Member of the Board, He/She must be a citizen and a resident of the Philippines for at least ______consecutive years prior to his/her appointment. A. 7 years B. 10 years C. 5 years D. 3 years
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17. The members of the Board shall hold office for a term of ______ years from date of appointment or until their successors shall have been appointed and qualified and may be re-appointed once for another term. A. 7 years B. 10 years C. 5 years D. 3 years 18. To pass the licensure examination, a candidate for Electronics Engineer or Electronics Technician must obtain a passing rating of in each subject given during the examination: A. 50 % B. 60% C. 70% D. 80% 19. One shall be allowed to take one removal examination on the subject/s where he/she failed to obtain the passing rating. Provided, however, that a candidate who obtains a passing rating in the majority of the subjects but obtains a rating in the other subject/s A. below 70% but not lower than 60% B. below 70% but not lower than 50% C. below 60% but not lower than 50% D. below 75% but not lower than 60% 20. Certified experience record of active self-practice and/or employment either in government service or in the private sector, in the format to be prescribed by the Board, indicating the inclusive dates, companies worked for, description of specific responsibilities, relevant accomplishments and name, position of immediate supervisors for a period of at least _____ years (inclusive and/or aggregate), at least _____ years of which are in responsible charge of significant engineering work, from the date applicant took his/her oath as an Electronics and Communications Engineer or Electronics Engineer. A. 10 years; 3 years B. 7 years; 2 years C. 5 years; 2 years D. 10 years; years
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21. RA 9292 is a consolidation of House Bill No.____ and Senate Bill No. ______ A. 5224; 2683 B. 5447; 458 C. 5734; 109 D. 5533; 4552 22. RA 9292 was finally passed by the House of Representatives and the Senate on A. February 2, 2004 B. March 2, 2007 C. April 17, 2004 D. March 5, 2005 23. RA 9292 was approved on A. April 17, 2004 B. April 27, 2004 C. March 17, 2005 D. March 27, 2004 24. The effectivity of RA 9292 was on A. April 17, 2004 B. April 27, 2004 C. May 24, 2004 D. May 28, 2004 25. To qualify in the registration to be PECE, one must provide _____ certification/s signed by _____ PECEs attesting that the experience record submitted by the applicant is factual. A. 1; 3 B. 1; 2 C. 3; 3 D. 2; 2
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26. Under the exception proviso stipulated in this particular Section 18, Article III of R.A. No. 9292 those who have been registered and licensed as Electronics and Communications Engineers under Republic Act No. 5734 for at least _____ years upon the effectivity of R.A. No. 9292 are qualified to register as PECE. A. 5 B. 10 C. 3 D. 7 27. Registration with and without Examination for Electronics Technicians (ECT) will start within ______ years from the effectivity of R.A. No. 9292. A. 5 B. 3 C. 10 D. 7 28. To register for Electronics Technicians (ECT), he/ she must have rendered at least _____ years (inclusive or aggregate) of active selfpractice and/or employment either in the Government or private sector. A. 5 B. 3 C. 10 D. 7 29. To register for Electronics Technicians (ECT), one must provide individual certifications from at least ______ registered PECEs vouching for the integrity, technical capability and good moral character of the applicant in a format to be prescribed by the Board. A. 5 B. 3 C. 10 D. 7
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30. The Board may, _____ years after the revocation of a Certificate of Registration and Professional Identification Card, upon application of the party concerned and for reasons deemed proper and sufficient, reinstate the validity of a revoked Certificate of Registration and Professional Identification Card, subject to compliance with the applicable requirements of the Commission and the Board. A. 1 B. 3 C. 2 D. 4 31. Exemptions from examination and registration can be possibly given to A. A Filipino PECEs, ECEs or ECTs with at least 20 years of experience in the Philippines B. A Filipino PECEs, ECEs or ECTs with at least 25 years of experience abroad C. A foreign national that are PECEs, ECEs or ECTs and equivalent who are temporarily employed by the Philippine Government or by private firms in the Philippines D. A foreign national with at least 20 years of experience in ECE field here in the Philippines 32. The official seal/logo of the Board which is circular in shape, consisting two concentric circles, with the outside circle measuring _____ in diameter. A. 28 mm B. 45 mm C. 48 mm D. 32 mm 33. The official seal/logo of the Board which is circular in shape, consisting two concentric circles, with the inner circle measuring ______ in diameter. A. 28 mm B. 45 mm C. 48 mm D. 32 mm
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34. In the official seal/logo of the Board, the upper part of the annular space bear the words A. BOARD OF ELECTRONICS ENGINEERING B. PROFESSIONAL REGULATION COMMISSION C. NAME OF THE MEMBER D. LICENSE NO. 35. In the official seal/logo of the Board, the lower half part of the annular space bear the words A. BOARD OF ELECTRONICS ENGINEERING B. PROFESSIONAL REGULATION COMMISSION C. NAME OF THE MEMBER D. LICENSE NO. 36. In the official seal/logo of the Board, the inner circle space has the symbol of a/an A. atom B. electron C. radar transceiver D. computer 37. In the official seal/logo of the Board, the atom symbol contains A. 1 electron B. 2 electrons C. 3 electrons D. 4 electrons 38. In the official seal/logo of the Board, the atom symbol contains A. 1 nucleus B. 2 nucleuses C. 3 nuclei D. 4 nucleuses 39. In the official seal/logo of the Board, the outer and inner ring is filled with A. grey with boundaries in black color B. orange with boundaries in navy blue color C. white with boundaries in black color D. yellow with boundaries in black color 423
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40. In the official seal/logo of the Board, the text is A. black with white background B. white with black background C. black with grey background D. white with grey background 41. In the official seal/logo of the Board, the inner ring is filled with A. orange background B. navy blue background C. black background D. white background 42. In the official seal/logo of the Board, the atom is colored with ___ and the nucleus and electrons in ___ color. A. black; red B. white; orange C. white; red D. black; orange 43. The Seal of Professional Electronics Engineer as provided by Section 29, Article IV of R.A. No. 9292 shall be, a dry circular seal consisting of two concentric circles with the outer circle measuring _____ in diameter. A. 28 mm B. 45 mm C. 48mm D. 32 mm 44. The Seal of Professional Electronics Engineer as provided by Section 29, Article IV of R.A. No. 9292 shall be, a dry circular seal consisting of two concentric circles with the inner circle measuring _____ in diameter. A. 28 mm B. 45 mm C. 48 mm D. 2 mm
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45. The Seal of Professional Electronics Engineer as provided by Section 29, Article IV of R.A. No. 9292 shall be, a dry circular seal containing the appearance of _____ in the upper part of the inner circle A. atom B. electron C. radar transceiver D. computer 46. The Seal of Professional Electronics Engineer as provided by Section 29, Article IV of R.A. No. 9292 shall be, a dry circular seal with a horizontal space bearing the word A. BOARD OF ELECTRONICS ENGINEERING B. PROFESSIONAL REGULATION COMMISSION C. NAME OF THE MEMBER D. LICENSE NO. 47. In the Seal of Professional Electronics Engineer, below the words LICENSE NO. is the A. license number B. the word PHILIPPINES C. name of the person holding the Professional Electronics Engineer license D. the words PROFESSIONAL ELECTRONICS ENGINEER 48. In the Seal of Professional Electronics Engineer, the portion of the inner circle below the diametral space shall bear A. the license number B. the word PHILIPPINES C. name of the person holding the Professional Electronics Engineer license D. the words PROFESSIONAL ELECTRONICS ENGINEER
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49. In the Seal of Professional Electronics Engineer, the upper portion of the annular space bear A. the license number B. the word PHILIPPINES C. name of the person holding the Professional Electronics Engineer license D. the words PROFESSIONAL ELECTRONICS ENGINEER 50. In the Seal of Professional Electronics Engineer, the lower portion of the annular space bear A. the license number B. the word PHILIPPINES C. name of the person holding the Professional Electronics Engineer license D. the words PROFESSIONAL ELECTRONICS ENGINEER
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KAPISANAN NG MGA BRODKASTER NG PILIPINAS 1999 Revised Edition of the RADIO CODE
FOREWORD This radio code is a testimonial to the self-regulation of the broadcast industry. Conceived, developed and promulgated by KBP, the code expresses the highest ideals of the broadcaster, ideals which call to subsume self to common weal. The code is carefully evaluated every year to assure its growth with the industry. It assures as well the freedom to create, express and conduct business and to operate under a policy of individual liberty consistent with social responsibility. However, such ground swell of freedom might bring forth certain abuses and exuberances. This is the reason why there is a need for self-regulation. Freedom with responsibility - that is the true broadcasters creed. And his search for what is good, proper and in accord with the highest standards of broadcast professionalism is fully expressed in this code.
PREAMBLE WE BELIEVE THAT broadcasting in the Philippines encapsulizes and reflects the hopes and dreams of a freedom-loving people; THAT broadcasting is a dynamic factor in our countrys cultural, social and economic growth and development; THAT broadcasting possesses a uniquely immediate and lasting impact on the public, which demands a high sense of responsibility and discerning judgment of morality, fairness and honesty at all times;
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THAT broadcasting has an obligation to uphold the properties and customs of civilized society; to maintain the respect of the rights and sensitiveness of all people; to preserve the honor and the sanctity of the family and home; to protect the sacredness of individual dignity; and to promote national unity. PROGRAM STANDARDS A. NEWS Radio is a medium of the widest reach and thus has the capability of influencing the most number of audiences. This competitive advantage, however, shall be handled with caution especially in news reportage and discussion of public issues. Although at best news shall be investigative and probing, it shall be accurate in its facts, seeing to it that it does not violate the constitutional rights of anyone. Rather it shall be fair and shall strive to present both sides of an issue, and ready to rectify an error immediately. This news code encourages the highest standards of professionalism in the reporting of news and coverages of current affairs and public issues. In sum, the regulations point up responsibility press freedom entails. 1. Length and Schedule of Newscast for Radio For the purpose of monitoring compliance with the news frequency and time provisions, stations are hereby directed to submit to the KBP Standards Authority their newscast schedule and the news corresponding length, every January and everytime there are changes and/or revisions to their time schedule. Each station is required to schedule a minimum of 45 minutes of news per day (from 5:00 a.m. to 10:00 p.m.) on a Monday-thru-Saturday basis with a minimum length of one (1) minute, five (5) minutes, ten (10) minutes and/or fifteen (15) minutes. All stations are required to schedule newscasts distinctly as such. For the purpose of this section, a newscast is a distinct unit of a program with minimum news content of one (1) minute excluding intro, extro, headline and commercial load.
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On-the-spot field reports are components of newscasts. Therefore, these are credited as newscast in the computation of time requirement for news programs. 2. News Sources Consistent professional care shall be exercised in the selection of news sources since the integrity of the news and the subsequent reputation of radio as dominant, well-balanced news medium depend largely on the reliability of these sources. Voice clips of persons involved in the news shall be properly identified. Correct and accurate attributions of news sources at all times is, therefore, encouraged and considered in keeping with the highest standards of broadcast journalism. b.1.News sources may either be primary or secondary. A primary source is a person from whom a piece of news originates. A secondary source is normally a recorded material (print or audio) from which a piece of news is extracted or attributed to, or may be a person who acts as a conduit. b.2.In the effort to develop news sources, utmost care and diligence shall be exercised so that no law is violated. It is an accepted journalistic practice in a free society to make contact, interview and broadcast news, even if the source is a suspected or confirmed fugitive from the law. However, traveling with the fugitive to the location where a crime is committed, merely to report on said crime is considered a serious violation of broadcast journalism. The use by other stations of program titles, stingers, newsbeds and other sound effects originally composed and/or identified with a radio is unethical. These would include even those which are not composed and made for a particular station but which have been used for a long time and identified with the station. However, the right to use such stingers, sound effects, newsbeds, and the like, shall be waived to whoever could show proof of rightful ownership. Press releases from questionable sources shall be authenticated before airing. All stations shall, upon discovery of a mistake, rectify or issue corrective statements at the earliest available opportunity.
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3. News Reporting
News reporting shall be factual, fair and objective. Morbid, sensationalized or alarming details shall be avoided. News shall not create panic and alarm. Extreme care shall be exercised in the selection of editors and reporters who direct news gathering and information dissemination, since the stations performance and credibility depend largely on them. Station management shall exercise extreme caution and prudence in deciding whether or not to air exclusive interviews with persons who openly or publicly advocate the overthrow of government by force or violence. (However, such interviews shall conform with the provision of Article III, Section 4 and Article XII, Section 17 of the New Constitution of the Phils which state that: Article III - DECLARATION OF RIGHTS Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble; and petition the government for redress of grievance. Article III - National Economy and Patrimony Section 17. In times of national emergency, when the public interest so requires, the state may, for the duration of such emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately owned public utility or business affected with the public interest. A newscaster shall have a mastery of the language/dialect vehicle of the news. This mastery shall be in the spoken form of the language although mastery in the written aspect of it shall be considered as an advantage. 4. Commentaries and Analysis Contents of commentary and analysis programs shall be limited to valid issues affecting public interest and concern. Personal attacks, insults and harassments are prohibited. Programs which feature both news and commentaries shall have identifiable announcements or stingers to differentiate one from another. 430
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Speakers, writers and other sources shall be clearly identified. Language shall be polite and not vulgar, obscene and inflammatory. Comments and analyses shall be presented decently to the best interest of the listening public. Personal attacks against fellow broadcasters and other stations are considered unethical and subject to sanctions. Management shall jointly and severally be liable with the speaker for any or all utterances on-the-air, using the facilities of the station. Programs and commentaries which deal with sensitive controversial issues shall be fair, factual and impartial. Commentaries and related programs shall not erode the peoples confidence in duly constituted authority. Station management shall see to it that those who handle commentaries and analyses for the station have the expertise, proficiency and qualifications for the job and a written authority to perform such commentary or analysis Editorial content and policy concerning news and public affairs program shall be the inherent prerogative and non-transferable concern of the station and shall be delivered only by the station manager or a duly authorized person by management in writing binding the station. The stations editorials are the official stand of the station on public issues. 5. Editorials Editorials shall be clearly identified as such and shall reflect the view / stand of management. Station management shall therefore ensure that the person who prepares editorials has the necessary authority, proficiency, expertise and qualifications. 6. Coverage of News and Public Events The coverage of news and public events shall conform with accepted standards of ethical journalism. They shall be accurate, informative and adequate.
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All news interview programs shall be governed by accepted standards of ethical journalism, under which the interviewer selects the questions to be asked. Where there is an advanced agreement materially restricting an important or newsworthy aspect of questioning, the interviewer will have to state on the program that such limitations have been agreed upon. A disclosure shall therefore be made if the person being interviewed has required that questions be submitted in advance or participates in editing a recording of the interviews prior to the airing. News interviews are topical interviews conducted to elicit comments or viewpoints on specific items of current interest. The comments or viewpoints of this kind of interview shall be in context with the audio clip of a broadcast news item. Rallies and demonstrations are legitimate news events and may be covered at the discretion of the station. However, care shall be exercised that the coverage itself does not incite the listening public to be unduly alarmed. 7. Placement of Advertising Management shall exercise particular discretion in the acceptance, placement and presentation of advertising in news programs so that such coverage is clearly distinguished from the news content. The live on-the-spot and continuing coverage of faith healing or any activity that purports to heal the sick thru means and methods that are likely to create panic and/or emotional/mental disturbances like exorcism, immolation and the like shall not be allowed. These shall only be carried as news item/s in a regular newscast. The following penalties shall be imposed for violation of the above rules: For the first offense, a fine of P 1,000 and/or written reprimand to individual employee/block timer/announcer, and censure for the station; For the second offense, a fine of P 3,000 and/or three (3) months suspension of individual employee/block timer/announcer, and three (3) months suspension of privileges for the station; For the third offense, a fine of P 5,000 and/or six (6) months suspension of individual employee/block timer/announcer, and six (6) months suspension of privileges for the station; and
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For the fourth offense, cancellation or revocation of accreditation of individual employee or block timer/announcer, and recommendation for expulsion from KBP membership and, recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station. PROGRAM STANDARDS B. PUBLIC AFFAIRS, PUBLIC ISSUES AND COMMENTARIES Radio provides a valuable and critical form for the expression of responsible views on public issues of controversial nature. Opposing or contrasting sides of issues which materially affect the life or welfare of a substantial segment of the public shall be provided in the spirit of fair representation. Discussions on public issues shall be presented in a manner which would not create the impression that the program is other than the one dealing with public issues. Public affairs programs shall strive to contribute to national development and shall aim at articulating as broad a spectrum of opinions as possible. Public affairs programs shall present public issues free from personal bias, prejudice, and inaccurate and misleading information. The language used shall not be vulgar, obscene or inflammatory which can cause unnecessary apprehension or incite rebellion. Furthermore, the station shall strive to present balanced discussions of issues. Matters affecting national security shall be handled with utmost care. A station shall not broadcast programs and commentaries primarily designed to malign or unfairly criticize or attack a person or group of persons on purely personal issues which have no bearing on the public welfare and concern. Name calling and personal insults shall not be allowed. Handling and presentation of controversial issues shall not erode public confidence in the duly constituted authority. It shall be the responsibility of the station to protect public interest, general welfare and good order in the presentation of public affairs and public issues. The following penalties shall be imposed for violation of the above rules: For the first offense, a fine of P 1,000 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station;
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For the second offense, a fine of P 3,000 and/or three (3) months suspension of individual employee/block timer/announcer, and three (3) months suspension of privileges for the station; For the third offense, a fine of P 5,000 and/or six (6) months suspension of individual employee/block timer/announcer, and six (6) months suspension of privileges for the station; and For the fourth offense, cancellation or revocation of accreditation of individual employee or block timer/announcer, and recommendation for expulsion from KBP membership and, recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station. PROGRAM STANDARDS C. COMMUNITY RESPONSIBILITY Broadcasters shall acquaint themselves with the culture, mores, traditions, needs, and other characteristics of the locality and its people to best serve the community. Requests for time placements of public service announcements or programs shall be carefully reviewed. The requesting party shall be a legitimate and properly identified group. The public interest content of the message shall be acceptable to the station. Public Service Announcements (PSAs) are announcements requested by private individuals or groups either through the KBP or directly with the broadcast station. These announcements are characterized by a very personalized content or announcement of the activities of the requesting party/parties. These are to be aired only upon the discretion of the station and are not included as part of the mandatory hourly devcom allocation. PROGRAM STANDARDS D. POLITICAL BROADCASTS Political broadcasts, such as straight commentaries, analyses, reportage or in drama form, designed to influence voters, shall be properly identified before and after the program as a paid broadcast. All political broadcasts shall comply with the pertinent provisions of the Election Code and all other regulations and shall be subject to the rules 434
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promulgated by the Commission on Election and other competent authority. Political broadcasts shall not be presented in a manner which would mislead the public. The unique and free character of political broadcasts makes it imperative for all candidates and/or their duly authorized representatives to observe broadcast ethics. The following penalties shall be imposed for violation of the above rules: For the first offense, a fine of P 1,000 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; For the second offense, a fine of P 3,000 and/or three (3) months suspension of individual employee/block timer/announcer, and three (3) months suspension of privileges for the station; For the third offense, a fine of P 5,000 and/or six (6) months suspension of individual employee/block timer/announcer, and six (6) months suspension of privileges for the station; and For the fourth offense, cancellation or revocation of accreditation of individual employee or block timer/announcer, and recommendation for expulsion from KBP membership and, recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station. PROGRAM STANDARDS E. SUPPORT TO DEVELOPMENT AND NATIONALISM All stations shall contribute to national development and shall promote the educational, cultural, social and economic upliftment of the people. All stations shall provide for the expression of the Filipino identity, encourage patriotism, preserve patriotism, preserve traditions and the development of the arts, sciences and culture. Programs shall continually strive to use Filipino creative resources and talents. Radio programs shall augment and supplement the educational and cultural influences of the home, school, religious institutions and government. A radio station shall broadcast devcom messages and/or public service announcements under existing valid agreements. 435
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There are three types of devcom messages and announcements that may take the form of the following: Government information messages; KBP initiated campaigns; and Station produced public service announcements (PSAs). PROGRAM STANDARDS F. PERSONAL CALLS AND APPEALS
public
service
Personal appeals or panawagan shall be carefully pre-screened by competent station personnel to determine the legitimacy of such calls. Persons making the on-air calls shall be briefed by the announcer-on-board or any competent station representative on the proper broadcast decorum before they are allowed to go on-the air. The following penalties shall be imposed for violation of the above rule: For the first offense, a fine of P 1,000 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; For the second offense, a fine of P 3,000 and/or three (3) months suspension of individual employee/block timer/announcer, and three (3) months suspension of privileges for the station; For the third offense, a fine of P 5,000 and/or six (6) months suspension of individual employee/block timer/announcer, and six (6) months suspension of privileges for the station; and For the fourth offense, cancellation or revocation of accreditation of individual employee or block timer/announcer, and recommendation for expulsion from KBP membership and, recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station. PROGRAM STANDARDS G. PUBLIC COMPLAINTS
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Complaints by individuals or legitimate groups may be allowed only on issues which affect the public welfare. No complaints on personal or private issues shall be allowed. Before any complaint on a public issue is aired by the station, it shall first verify the legitimacy of the individual or organization. A station which allows a public complaint on a controversial public issue to be aired shall be required to observe and provide the equal opportunity rule. The following penalties shall be imposed for violation of the above rules: For the first offense, a fine of P 1,000 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; For the second offense, a fine of P 3,000 and/or three (3) months suspension of individual employee/block timer/announcer, and three (3) months suspension of privileges for the station; For the third offense, a fine of P 5,000 and/or six (6) months suspension of individual employee/block timer/announcer, and six (6) months suspension of privileges for the station; and For the fourth offense, cancellation or revocation of accreditation of individual employee or block timer/announcer, and recommendation for expulsion from KBP membership and, recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station. PROGRAM STANDARDS H. SEX AND VIOLENCE Crime shall always be condemned. The details of the planning and the actual commission of a crime shall be minimized and/or eliminated so that there shall be no expressed or implied inducement and/or details on how to commit the crime. Violence and horror shall be minimized. Unnecessary morbid and gory details shall not be allowed. Speech or action likely to incite any person to violence or anti-social behavior shall not be allowed.
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The use of words and phrases which have undesirable and/or offensive implications shall not be allowed. The use of undesirable, offensive, obscene, blasphemous, profane or vulgar words and phrases shall not be allowed. Pre-marital and extra-marital sex shall never be condoned or justified. Sexual acts or sex perversion of any kind shall never be presented. The diminution of respect for the law and/or its enforcement is unacceptable as program materials. Nothing in these rules shall be construed to curtail the freedom of speech and expression. The following penalties shall be imposed for violation of the above rules: For the first offense, a fine of P 3,000 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; For the second offense, a fine of P 5,000 and/or twelve (12) months suspension of individual employee/block timer/announcer, and twelve (12) months suspension of privileges for the station; For the third offense, a fine of P 10,000 and/or twenty-four (24) months suspension of individual employee/block timer/announcer, and twenty-four (24) months suspension of privileges for the station; and For the fourth offense, cancellation or revocation of accreditation of individual employee or block timer/announcer, and recommendation for expulsion from the KBP membership and, recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station. PROGRAM STANDARDS I. DRAMA PROGRAMMING A drama program shall strive to be innovative and shall reflect a high degree of creativity. Drama programs shall accentuate positive moral and social values. In addition, without sacrificing integrity of presentation, a drama program shall avoid: The presentation in detail of how a crime is committed; 438
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Sound and special effects which tend to alarm or offend the sensibilities of the listeners; Scenes which tend to demean, degrade, or ridicule law enforcers and the duly constituted authority. A drama shall not ridicule or denigrate culture, values, beliefs, religions, custom and traditions of the Filipino race. Broadcasters shall be knowledgeable and aware of the various interests, aspirations and idiosyncrasies of all segments of the community. Drama programs shall present a realistic portrayal of life. The glorious and tragic aspects of life shall be realistic. The treatment and presentation of program subjects and themes shall be made in good faith and shall avoid sensationalism. 7. The following penalties shall be imposed for violation of the above rules: For the first offense, a fine of P 3,000 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; For the second offense, a fine of P 5,000 and/or twelve (12) months suspension of individual employee/block timer/announcer, and twelve (12) months suspension of privileges for the station; For the third offense, a fine of P 10,000 and/or twenty-four (24) months suspension of individual employee/block timer/announcer, and twenty-four (24) months suspension of privileges for the station; and For the fourth offense, cancellation or revocation of accreditation of individual employee or block timer/announcer, and recommendation for expulsion from KBP membership and, recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station.
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PROGRAM STANDARDS J. CHILDRENS PROGRAMS Responsibility Toward Children In their totality, childrens programs shall contribute to the sound, balanced development and growth of children thereby helping them achieve a sense of awareness of the world around them. The following program and advertising guidelines shall be observed in the production and presentation of childrens programs. Programs for children shall conform to the following standards or provisions: Since childrens programs are highly specialized, stations are enjoined to coordinate with agencies, government or private, which are knowledgeable in the welfare of children or have the expertise of producing the same. Programs which may not be suitable for children shall be aired after 9:00 p.m. Programming shall embody positive values and the realities of life and times to help children grow as responsible adults. Programming shall afford wholesome entertainment opportunities and cultural growth. The production of programs shall not create undesirable emotional reactions among children. Programming shall not encourage children to purchase a product specially for the purpose of keeping the program on-the-air. The depiction of conflict and of materials reflective of sexual considerations, when presented in programs designed primarily for children shall be handled with sensitivity. As much as possible it shall convey a reasonable existing range of the realities of life. The treatment of criminal activities shall always convey their negative effects. Childrens programs shall portray respect for authority, law and order, good morals and clean, healthful living. Emphasis shall also be given to the development in children of good manners, a sense of duty, responsibility and correct concept of courage, positive family attitude and values. 440
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Children shall be encouraged in the art of correct and acceptable speech and pronunciation. Speech and expressions detrimental to speech and language, growth, slang and incorrect pronunciation shall be discouraged except when necessary for characterization. Programming shall endeavor to complement the formal education of children. Exploitation of children shall not be allowed. Advertisement of a product or service which might result in physical, mental, or moral harm to children shall not be allowed. Liquor or cigarette advertisement shall not be allowed. Childrens programs shall not allow perverted sex and undue violence. The following penalties shall be imposed for violation of the above rules: For the first offense, a fine of P 3,000 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; For the second offense, a fine of P 5,000 and/or twelve (12) months suspension of individual employee/block timer/announcer, and twelve (12) months suspension of privileges for the station; For the third offense, a fine of P 10,000 and/or twenty-four (24) months suspension of individual employee/block timer/announcer, and twenty-four (24) months suspension of privileges for the station; and For the fourth offense, cancellation or revocation of accreditation of individual employee or block timer/announcer, and recommendation for expulsion from KBP membership and, recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station. PROGRAM STANDARDS K. QUIZ SHOWS Contests, Public-participation Programs and Promotions Contests and promotions shall be conducted with fairness to all participants and shall comply with all pertinent laws and regulations. Contests and promotions shall not exploit the audience or participants.
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Idle details of contests, including rules, eligibility requirements, opening and ending dates shall be completely, clearly and repeatedly announced. The winners shall be announced and prizes awarded immediately after the end of the contest. The following penalties shall be imposed for violation of the above rules: For the first offense, a fine of P 1,000 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; For the second offense, a fine of P 3,000 and/or three (3) months suspension of individual employee/block timer/announcer, and three (3) months suspension of privileges for the station; For the third offense, a fine of P 5,000 and/or six (6) months suspension of individual employee/block timer/announcer, and six (6) months suspension of privileges for the station; and For the fourth offense, cancellation or revocation of accreditation of individual employee or block timer/announcer, and recommendation for expulsion from KBP membership and, recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station. PROGRAM STANDARDS L. MUSIC All stations shall actively promote the growth and development of Filipino music. Radio stations are encouraged to schedule OPMs in accordance with existing provision of law and the KBP rules and regulations (4 OPMs every clockhour). Equal opportunity for airplay shall be provided to all recording companies. In no instance shall the station surrender, transfer, or waive its responsibility for programming. The basic policy of music programming is a direct responsibility of a radio station and such responsibility shall be free from any form of intrusion, interference, or influence form outside forces or parties. A broadcast practitioner shall not receive money, gods, services and/or any form of consideration for the airing of records.
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A broadcast top hits tabulation may only be allowed if such tabulation is reflective of the true ranking of the music and duly supported by sales, number of request and actual airplay. A program produced and sponsored by a recording company may be accepted by a station under the following conditions: That is duly sponsored and presented by a properly identified recording company; That credit mention and identification shall be made at least three (3) times during a thirty (30) minute program; A station may charge the producing and sponsoring company a discounted rate not lower than 25% of its purchased rate card. The station may make up for the discount extended by accepting commercials corresponding to the discount granted. Example: If the official rate card is P 100.00 and the station charges the producing and sponsoring recording company only P25.00, the station may load the program with commercials amounting to P75.00 based on its official rate card. Such an arrangement shall be by mutual agreement between the station and the recording company. The agreed cost between the station and the recording company may be paid in cash or goods like LP records, cassettes, etc. Promotional 45 rpm records and cassettes shall not be considered as a form of payment as provided by the immediately preceding provisions. The mention of the label or brand of the record played or the title of the LP album from which the selection is taken shall not be allowed. Records played within a clock hour shall not be repeated within the same clock hour nor played again in the succeeding hour. All stations shall not play records with contents that run counter to Filipino values. The following penalties shall be imposed on violation of the above rules: For the first offense, a fine of P 2,000 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station;
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For the second offense, a fine of P 4,000 and/or six (6) months suspension of individual employee/block timer/announcer, and six (6) months suspension of privileges for the station; For the third offense, a fine of P 8,000 and/or twelve (12) months suspension of individual employee/block timer/announcer, and twelve (12) months suspension of privileges for the station; and For the fourth offense, cancellation or revocation of accreditation of individual employee or block timer/announcer, and recommendation for expulsion from the KBP membership and, recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station. PROGRAM STANDARDS M. FUND RAISING Station shall not allow its facilities to be used for fund raising activities unless it has fully verified the legitimacy and worthiness of the project and only where the beneficiaries are government sponsored projects, worthwhile charitable causes, or victims of calamities and natural disasters. The following penalties shall be imposed for violation of the above rules: For the first offense, a fine of P 1,000 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; For the second offense, a fine of P 3,000 and/or three (3) months suspension of individual employee/block timer/announcer, and three (3) months suspension of privileges for the station; For the third offense, a fine of P 5,000 and/or six (6) months suspension of individual employee/block timer/announcer, and six (6) months suspension of privileges for the station; and For the fourth offense, cancellation or revocation of accreditation of individual employee or block timer/announcer, and recommendation for expulsion from KBP membership and, recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station.
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PROGRAM STANDARDS N. RELIGIOUS PROGRAMMING Broadcast stations shall make available to the community appropriate opportunity for airing religious programs. Religious programming shall be presented by responsible, knowledgeable and qualified individuals, groups or organizations, in a manner that shall provide the audience with an affirmative view of the role of religion in society. Programs which contain religious materials shall not in any manner ridicule, cast aspersions on and degrade other existing religious denominations, sects and groups. The following penalties shall be imposed for violation of the above rules: For the first offense, a fine of P 1,000 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; For the second offense, a fine of P 3,000 and/or three (3) months suspension of individual employee/block timer/announcer, and three (3) months suspension of privileges for the station; For the third offense, a fine of P 5,000 and/or six (6) months suspension of individual employee/block timer/announcer, and six (6) months suspension of privileges for the station; and For the fourth offense, cancellation or revocation of accreditation of individual employee or block timer/announcer, and recommendation for expulsion from KBP membership and, recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station. PROGRAM STANDARDS O. MEDICAL AND LEGAL ADVICE Advice of a medical or legal nature shall not be made except by a duly qualified and authorized professional. Under no circumstances shall an unauthorized and incompetent person be allowed to diagnose illness or prescribe treatment for an ailing person. The following penalties shall be imposed for violation of the above rules:
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For the first offense, a fine of P 2,000 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; For the second offense, a fine of P 4,000 and/or six (6) months suspension of individual employee/block timer/announcer, and six (6) months suspension of privileges for the station; For the third offense, a fine of P 8,000 and/or twelve (12) months suspension of individual employee/block timer/announcer, and twelve (12) months suspension of privileges for the station; and For the fourth offense, cancellation or revocation of accreditation of individual employee or block timer/announcer, and recommendation for expulsion from KBP membership and, recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station. PROGRAM STANDARDS P. GENERAL PROGRAM STANDARDS Crime, vice, violence, illicit sexual relations or any form of perversion shall never be presented as good or attractive, nor as inevitable in the sense of being beyond correction, reform or retribution. Programs which feature the abuse of liquor and the use of dangerous drugs shall always present them as socially undesirable and unacceptable. Gambling shall not be presented as a social asset, nor as a good habit, nor shall the public be encouraged to engage in it. The presentation of superstition or pseudo-scientific beliefs associated with foretelling the future is not desirable, except as required for the development of a story, where it shall be treated with discretion. Materials and programs that deal in superstitions, supernatural powers, fortune telling, character reading, witchcraft, occultism, mass-hypnotism, faith healing and other related matters shall not foster belief in said activities as true and correct and in order not to take undue advantage and unfairly exploit the gullible, the innocent, the illiterate, the hopeless and the ignorant. Cruelty, greed, selfishness, unfair exploitation of others and similar unworthy traits shall not be presented in a favorable light.
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Programs that underscore any form of injustice or wrongdoing shall be meted with the corresponding punishment for the guilty just as meritorious deeds shall be rewarded. Programs shall not be presented in a manner that would degrade the ideals of family unity and the traditional values of Filipino family life such as mutual respect, trust, assistance and affection. Programs shall not exploit mental and physical defects so as to humiliate those who suffer from such defects nor should the ridicule of such defects be presented as good and acceptable. Programs shall not use dialogues and physical, actions and other similar manifestations which are obscene, blasphemous, profane vulgar. Programs shall not present medical, legal or other professional materials without identifying the sources of authority and such materials shall conform to law and recognized professional standards. The use of objectionable words and phrases, or words which have acquired undesirable or offensive implications, shall be avoided. All audience participation like game shows, contests and other audience participation shall observe decency and proper decorum especially among the outside participant. The following penalties shall be imposed for violation of the above rules: For the first offense, a fine of P 3,000 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; For the second offense, a fine of P 5,000 and/or twelve (12) months suspension of individual employee/block timer/announcer, and twelve (12) months suspension of privileges for the station; For the third offense, a fine of P 10,000 and/or twenty-four (24) months suspension of individual employee/block timer/announcer, and twenty-four (24) months suspension of privileges for the station; and For the fourth offense, cancellation or revocation of accreditation of individual employee or block timer/announcer, and recommendation for expulsion from KBP membership and, recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station.
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ADVERTISING STANDARDS A. RESPONSIBILITY OF THE BROADCASTERS 1. Advertising is the principal source of revenue of the free, competitive system of commercial broadcasting. It makes possible the presentation to all people of the finest programs of entertainment, education, news and information. It shall be the primary purpose of the broadcasters to establish and maintain high standards of performance, not only in the selection and production of all programs, but also in the presentation of advertisements. 2. The primary aim of advertising shall be to provide the public with honest, truthful and accurate information on products and services. A station shall require integrity, honesty and credibility not only of the advertising message but also advertisers may be required to show documentation to prove the validity and truthfulness of claims, demonstrations and testimonials contained in the commercial messages. 3. The broadcasters shall exercise caution in the form and content of commercials placed in or near programs designed for children. Exploitation of children is not allowed. No advertisement of a product or service harmful to children shall be advertised in programs intended or attractive to children. 4. The placement airing of commercials shall not duly disrupt the quality, innovativeness, presentation and continuity of the program. Inappropriate placement of commercial shall not be allowed. 5. The following penalties shall be imposed for violation of the above rules:
For the first offense, a fine of P 2,000 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; For the second offense, a fine of P 4,000 and/or six (6) months suspension of individual employee/block timer/announcer, and six (6) months suspension of privileges for the station; For the third offense, a fine of P 8,000 and/or twelve (12) months suspension of individual employee/block timer/announcer, and twelve (12) months suspension of privileges for the station; and
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For the fourth offense, cancellation or revocation of accreditation of individual employee or block timer/announcer, and recommendation for expulsion from KBP membership and, recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station. ADVERTISING STANDARDS B. GENERAL 1. In determining whether or not an advertisement shall be accepted, the station shall be guided by the provisions of the programs and advertising standards, existing trade agreement and the laws of the land. 2. All advertisements shall be identifiable. 3. All advertisements shall be presented in good taste. Disturbing and annoying materials shall be avoided. The computation of the authorized maximum commercial load shall be the cumulative time of commercial within a clock hour. 5. In accordance with good broadcasting practice, a "cow-catcher" (the commercial preceding the opening of the program) and a "hitch-hiker" or trailer (a commercial following the close of the program) are prohibited. In fully sponsored programs, any number of products may be advertised by the sponsor within the specified time standards, advertising copy for these products shall be presented within the framework of the program structure. 6. The following penalties shall be imposed for violation of the above rules: For the first offense, a fine of P2,000 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; For the second offense, a fine of P4,000 and/or six (6) months suspension of individual employee/block timer/announcer, and six (6) months suspension of privileges for the station; For the third offense, a fine of P8,000 and/or twelve (12) months suspension of individual employee/block timer/announcer, and twelve (12) months suspension of privileges for the station; and For the fourth offense, cancellation or revocation of accreditation of individual employee or block timer/announcer, and recommendation for expulsion from
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KBP membership and, recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station. ADVERTISING STANDARDS C. TIME STANDARDS FOR COMMERCIAL 1. Presentation of Advertising a. The ever-changing techniques of the broadcast art shows that the quality of advertisement copy and its proper integration into the program are just as important as measurement in time. The measure of the station's service to its audience is determined by its over-all performance, rather than by a particular program or program block. b. Multiple Advertising Programs with multiple sponsorship by non-traditional advertisers like commercial services, features, shopping guides, marketing news, and similar information, may include more materials normally classified as a "commercial" or "advertising", if they are of the nature as to serve the interests of the general public. 2. Commercial Load a. Metro Manila Commercial load for radio shall not exceed fifteen (15) minutes for one hour program in Metro Manila. A half-hour program shall have a maximum of 7 commercial minutes, and a quarter-hour program shall not exceed three (3) minutes and thirty (30) seconds. A five-minute program shall have a maximum load of one (1) minute and fifteen (15) seconds. b. Outside Metro Manila Commercial load for radio shall not exceed seventeen (17) minutes for a onehour program outside Metro Manila. A half-hour program shall have a maximum of 8 commercial minutes, and a quarter-hour program shall not exceed four (4) minutes. 450
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A five-minute program shall have a maximum load of one (1) minute and thirty (30) seconds. 3. Program Interruption a. Metro Manila a.1 Program interruption for the airing of commercial in Metro Manila shall not exceed six (6) breaks in every program hour. The hourly station ID is included in the six (6) breaks per hour. a.2 Number of Commercials per break A maximum of 2 to 3 minutes per break will be allowed, as long as an aggregate of fifteen (15) commercial minutes is observed. A uniform of fifteen 2 commercial minutes may be aired in the six (6) commercial breaks within the clockhour to observe the maximum aggregate total of fifteen (15) commercial minutes per hour load. A five (5) minute program or feature within the clockhour would automatically add one (1) commercial interruption with a total commercial load of one (1) minute and fifteen (15) seconds which will be aired within the 5-minute program. b. Outside Metro Manila b.1 Program interruption for the airing of commercial outside Metro Manila shall not exceed six (6) breaks in every program hour. The hourly station ID is included in the six (6) breaks per hour. b.2 Number of Commercials per break A maximum of 2.5 to 3 minutes per commercial break will be allowed, as long as an aggregate total of seventeen (17) minutes per hour is observed. A uniform of 3 commercial minutes per break may be aired during the 10th, 30th, 40th and 60th minute mark; and 2 commercial minutes during the 20th and 50th minute mark, to observe the maximum aggregate total of seventeen (17) commercial minutes per hour load. A five (5) minute program or feature aired within the clock hour would automatically add one (1) commercial interruption with a total commercial load of one 1 minute and 15 second, which will be aired within the 5-minute program.
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4. Special News and Special Events Coverages and Sports Coverages of news, special events, public affairs programs and sports shall exempt from program interruption standards. However, the aggregate number of commercial minutes per clock hour shall be observed, except in international sports events where the commercial load may be increased upon the approval of the Board of Directors but in no case to exceed twenty (20) commercial minutes per hour. It is the responsibility of the station to observe the implementation of the maximum commercial load which shall be reflected in the broadcast contract. 5. Casual Advertising Casual advertising refers to product mentions, ad libs, prizes and the like and shall be reflected in the contract. Casual advertising whether related to the program or not shall be included in the computation of the maximum commercial load allowed per clockhour. 6. Time Separation In the scheduling of directly competing products, services or firms, proper time separation shall be observed. Commercial placements of competing products, services or firms shall not be placed within the same cluster. 7. Penalties The following schedule of penalties shall be imposed on any station found to be violating the above rules: a. For airing commercial materials in excess of the limitation - a confiscatory fine of the equivalent amount of the commercial in excess plus 20% of the aggregate total amount of the overload. b. For exceeding the number of interruptions allowed in a program - a confiscatory fine of the equivalent amount of commercials in the extra breaks. c. For exceeding the number of commercials per break - cost of the excess commercials per break. d. For airing competing products, services or firms in the same commercial cluster - cost of commercials in the cluster.
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ADVERTISING STANDARDS D. GAMBLING AND LOTTERIES 1. Advertisements related to betting and gambling shall not be allowed except for the regular government sweepstakes draw and lotto. 2. Advertisements of government-controlled and operated institutions, which legally conduct gambling activities, may be allowed provided that they are in the form of institutional or corporate advertising only. Such advertisements shall not allow the mention of the word "gambling" or any form of gambling activity. 3. Advertisements related to the regular government sweepstakes draw and lotto shall be subject to the following conditions: a. Such advertisements shall not be scheduled / aired in children's programs or programs adjacent to them; b. The advertisements shall be in the nature of institutional advertising only. Institutional advertisements, as used in this provision, shall be defined as advertising whose purpose is to promote the organization which conducts the betting and gambling activities, and not the activities themselves. Such advertisements shall not contain any material which directly or indirectly encourages or exhorts the public to gamble or bet. Such words as "tumaya na kayo sa lotto", "bumili na kayo ng ticket", or "yayaman ka sa lotto" or the like shall not be used. 4. The following penalties shall be imposed for violations of the above rules: a. For the first offense, a fine of 50% of the gross amount of the contract for the advertisement on the station plus three (3) months suspension of collection privileges shall be imposed upon the erring KBP member; b. For the second offense, a fine of 50% of the gross amount of the contract for advertisement on the station contract plus six (6) months suspension of collection privileges shall be imposed upon the erring KBP member; c. For the third offense, a fine of 100% of the gross amount of the contract for advertisement plus one (1) year suspension of collection and other privileges shall be imposed upon the erring KBP member; d. For the fourth offense, recommendation for expulsion from KBP membership and recommendation to the National Telecommunications 453
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Commission (NTC) for the cancellation of the permit to operate the station. (Approved as Resolution No. 98-01: Amending the Provisions of the KBP Radio and Television Codes on Gambling approved by the General Membership in plenary session during the KBP General Membership at the New World Hotel last July 15, 1998.) ADVERTISING STANDARDS E. GUARANTEES, OFFERS AND PROMOTIONS 1. Advertising shall clearly and reasonably disclose the nature, value, extent and duration of a guarantee, warranty, offers and promotions. 2. Advertisers shall make good their promises without equivocation, any guarantee or warranty offered. The following penalties shall be imposed for violation of the above rules: For the first offense, a fine of P 1,000 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; For the second offense, a fine of P 3,000 and/or three (3) months suspension of individual employee/block timer/announcer, and three (3) months suspension of privileges for the station; For the third offense, a fine of P 5,000 and/or six (6) months suspension of individual employee/block timer/announcer, and six (6) months suspension of privileges for the station; and For the fourth offense, cancellation or revocation of accreditation of individual employee or block timer/announcer, and recommendation for expulsion from KBP membership and, recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station.
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ADVERTISING STANDARDS F. LIQUOR AND ALCOHOLIC DRINKS 1. Children adolescents shall not be allowed to participate in the presentation of advertisements for liquor and alcoholic drinks. 2. Liquor advertisements shall not be presented to mean normal and essential to social success or social acceptance. 3. Alcoholic advertisements shall not feature or promote excessive drinking. All advertisements shall carry the words "Drink moderately". 4. Liquor advertisements shall not claim or imply that drinking brings about therapeutic, sedative, tranquilizing or stimulating effects. 5. Liquor advertisements shall not claim nor suggest that drinking enhances sexual success or physical or mental skills. 6. No advertisements for liquor or alcoholic drinks shall appear in any program directed wholly or mainly for children. 7. Liquor and alcoholic advertisements shall not feature comic strip heroes and characters. 8. Advertisements shall not depict the actual act of drinking by use of sound effects, words and other means of audio techniques. 9. All advertisements for liquor and alcoholic drinks shall conform to existing laws, rules and regulations. 10. The following penalties shall be imposed for violation of the above rules: For the first offense, a fine of P 1,000 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; For the second offense, a fine of P 3,000 and/or three (3) months suspension of individual employee/block timer/announcer, and three (3) months suspension of privileges for the station; For the third offense, a fine of P 5,000 and/or six (6) months suspension of individual employee/block timer/announcer, and six (6) months suspension of privileges for the station; and
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For the fourth offense, cancellation or revocation of accreditation of individual employee or block timer/announcer, and recommendation for expulsion from KBP membership and, recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station. ADVERTISING STANDARDS G. MEDICAL PRODUCTS 1. Advertisements of medical products or services shall conform to all laws governing its sale and advertisement. 2. Any implication that a product or method of treatment is generally recommended by doctors, dentists, or hospitals shall not be allowed. 3. Advertising materials which offensively describe or dramatize distress or morbid situations involving ailments by spoken words or sound effects shall not be allowed. The following penalties shall be imposed for violation of the above rules: For the first offense, a fine of P 1,000 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; For the second offense, a fine of P 3,000 and/or three (3) months suspension of individual employee/block timer/announcer, and three (3) months suspension of privileges for the station; For the third offense, a fine of P 5,000 and/or six (6) months suspension of individual employee/block timer/announcer, and six (6) months suspension of privileges for the station; and For the fourth offense, cancellation or revocation of accreditation of individual employee or block timer/announcer, and recommendation for expulsion from KBP membership and, recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station.
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ADVERTISING STANDARDS H. CIGARETTES AND TOBACCO 1. Advertisements shall not show the pleasure and attraction of smoking. 2. Advertisements shall not depict the pleasure of smoking by use of words and sound effects. 3. Advertisements shall not seek to encourage non-smokers to smoke. 4. Advertisements shall not feature comic strip heroes and characters as models. 5. Advertisements shall not exploit the youth by showing them as models. 6. Advertisements shall not claim directly or indirectly that it is natural to smoke or that it is abnormal not to smoke. 7. Advertisements shall not claim directly or indirectly that smoking contributes to the attainment of social acceptance. 8. Advertising shall not claim directly or indirectly that smoking is necessary for work and relaxation. 9. The following penalties shall be imposed for violation of the above rules: For the first offense, a fine of P 2,000 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; For the second offense, a fine of P 4,000 and/or six (6) months suspension of individual employee/block timer/announcer, and six (6) months suspension of privileges for the station; For the third offense, a fine of P 8,000 and/or twelve (12) months suspension of individual employee/block timer/announcer, and twelve (12) months suspension of privileges for the station; and For the fourth offense, cancellation or revocation of accreditation of individual employee or block timer/announcer, and recommendation for expulsion from KBP membership and, recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station.
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ADVERTISING STANDARDS I. GENERAL ADVERTISING STANDARDS 1. Advertisements shall not contain messages which deride or discredit the law enforcers and its enforcement. 2. The following advertisements shall not be allowed: a. Advertising which uses superlatives, false claims and other misleading expressions; b. Advertisements, the claim of which go beyond the results or researches, surveys or tests; c. Advertisements which ascribe to public statements shall conform with their original context; d. Advertisements which contain disparaging references to competitive products, services, other advertisers, professions, industries and institutions; e. Advertisements with violent scenes or messages which describe or condone these acts; f. Advertisements which deliberately encourage wrong pronunciation and grammar;
g. Advertisements which make irrelevant use of national heroes or national shrines. 3. Personal endorsements and testimonials shall be genuine. 4. Advertisements of an individual personal experience shall have his prior consent. 5. Advertisements shall carry safety precautions for dangerous acts. 6. Advertisements with offers and promises of employment and opportunities shall not be allowed. 7. Advertising of products of intimate nature shall be presented in a restrained and tasteful manner. 458
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8. The advertising of fortune telling, occultism, astrology, phrenology, palmreading, numerology, mind-reading, character-reading or subject of similar nature shall not be allowed. 9. The advertising of firearms, ammunitions shall promote the product as sporting equipment. Furthermore, it shall conform to existing laws and regulations. 10. Advertising on loans and investments shall conform to the existing banking rules and regulations. 11. Advertisements of undertakers, morticians and the like shall be presented in a restrained, sober and respectful manner. 12. Caution and prudence shall b exercised in the acceptance of advertisements related to charitable activities. 13."Bait-switch" advertising for products which are not available but are offered as a lure to purchase a substitute product shall not be allowed. 14. In sports coverages, a team or any player shall not be identified with the product, service or organization. The following penalties shall be imposed for violation of the above rules: For the first offense, a fine of P 2,000 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; For the second offense, a fine of P 4,000 and/or six (6) months suspension of individual employee/block timer/announcer, and six (6) months suspension of privileges for the station; For the third offense, a fine of P 8,000 and/or twelve (12) months suspension of individual employee/block timer/announcer, and twelve (12) months suspension of privileges for the station; and For the fourth offense, cancellation or revocation of accreditation of individual employee or block timer/announcer, and recommendation for expulsion from KBP membership and, recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station.
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The Rate Structure Of Broadcasting A. STATION TIME The rate structure of commercial broadcasting is based on the value of station time which is determined by listenership attention. B. VALUE OF STATION TIME The rate structure of a station is determined by its popularity or rating. As a general guide, the total operating expenses of the station divided by its operating hours may yield the cost per hour figure which is the value of station time. There are different variables that may serve as criteria in determining a listening rate overtime: coverage area, listenership, purchasing power of the market area, audience loyalty, signal strength and quality. However, a station may use other factors in the determination of its airtime rate as long as these are acceptable to the industry. C. RATE CARD The airtime reflects the value of the station time plus a reasonable margin. 1. Every commercial radio station is required to maintain a Station's Official Rate Card. This shall reflect: a) the station airtime classification; b) the standard rates for commercials and airtime costs; and c) the effectivity of the rates. 2. A certified true copy of the Station's Official Rate Card shall be furnished the KBP Standards Authority at least thirty (30) days prior to its effectivity. Advertising agencies and clients shall likewise be furnished a copy thirty (30) days prior to its effectivity. However, this may be waived in exigency cases such as devaluation, oil price increases, etc. The Station's Official Rate Card shall be the basis for the KBP-SA's enforcement of the pertinent rules under this section. KBP-SA's approval, however, is not necessary for the rate increases.
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3. The station's airtime rates filed with the KBP-SA shall apply to basic airtime only. The radio station/network shall furnish the advertising agencies and clients copies of this airtime rate increase. Additional cost for production, facilities, talent fees, and other miscellaneous fees may be charged in addition to the basic airtime rate. 4. A station shall not charge lower than the rates filed with the KBP-SA, except as provided for in the immediately preceding provision. This rule is subject to Section D on Local Accounts. A station desiring to reduce its airtime rates shall apply to the KBP-SA. 5. Any member station may secure from the KBP-SA copies of the rate cards of other member stations. 6. The official computation of airtime rates for national advertising shall be as follows: Length of commercial (In seconds) 60 30 15 10 5 Percentage (%) double the rate of a 30 seconder 100% 60% 40% 30%
A time tag shall be considered and computed as a 15-seconder commercial. The 10-and-15 seconders shall be used only as a basis for the computation of the excess of the contracted time. 7. When the frequency of broadcast is more than the contracted frequency, there is a violation and circumvention of provisions on one-time rate charge rule. 8. A station shall maintain only one operations log which shall indicate the following: programs, commercial announcements, public service announcements, time check and the like. 9. Management shall not be compelled to show confidential data and information contained in the operations log such as sales contract, competitive commercial placements, program schedule and management strategies which are embodied in the log. 461
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10. Airtime Cost Computation for Sponsorship Programs The computation for sponsored programs shall be the rate of a 60-seconder multiplied by the maximum load. IN METRO MANILA One Hour Program Half Hour Program Quarter Hour Program Ten Minutes Program Five Minutes Program 60 second rate X 13 min 60 second rate X 6 min 60 second rate X 3 min & 15 s 60 second rate X 2 min & 15 s 60 second rate X 1 min & 15 s
OUTSIDE METRO MANILA One Hour Program Half Hour Program Quarter Hour Program Ten Minutes Program Five Minutes Program 60 second rate X 15 min 60 second rate X 67 min 60 second rate X 3 min & 45 s 60 second rate X 2 min & 15 s 60 second rate X 1 min & 15 s
The above rules include the use of basic broadcast equipment and facilities for the duration of the program. However, other services like tape recordings, etc. are not computed in the cost. b) Facilities and production charges shall be added to airtime costs for broadcast outside the station. c) Production costs shall be charged for broadcast done inside; the studios when the station's personnel or talents' services are used. D. LOCAL ACCOUNTS 1. The computation of the Local Accounts shall go no lower than fifty (50) percent of the National Rates. However, a station may charge higher that the authorized minimum. The percentage used shall appear in the rate card of the station. a. Local Accounts Differentiated form a National Account
1. Definition of a Local Account 462

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A Local Account is any product and/or service that is sold or a service rendered within a province. All other accounts are considered national. The following are some examples of local accounts provided they conform to the above definition: Bowling Alleys Groceries/Supermarkets Drugstores without branches in another radio area or province Barber shops Rural Banks and Cooperatives Sari-sari stores Painting shops Restaurants and Delicatessen Ice cream parlors Catering firms Beer Garden Night Clubs / hospitals / Clinics / Hotels Machine shops Sash Factories Automotive repair shops Automotive spare parts stores and hardware Department and/or appliance store Dress shops Tailoring shops Printing shops Pawnshops Funeral parlors and/or memorial parks Professionals/Practitioners Laundry Services All other services/products or similar and/or allied nature which may be defined from time to time A Local Account Reclassified to National Account A Local Account may not be used to mention or promote a National Account. When such is done, the account is reclassified as a National Account and the National Rates shall correspondingly apply. 2. a) Excess beyond the contracted commercials as well as riders shall be subject to additional charges as provided for in Item No. 6 of this section.
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b) The use of commercials longer than the contracted length shall not be allowed. 3.
commercial
All provincial stations shall maintain a separate rate card for local accounts, if their rates for local accounts differ from its rates for national advertisers. All local advertisements in provincial radio stations shall be subject to a floor rate. The floor rate shall be defined as the lowest amount that can be charged by a station within a service area for an advertising spot for a local advertiser. The floor rate shall be based on the cost of a 30-second spot. The floor rate shall be determined by the KBP Local Chapter in each service area. A station may not charge rates that are lower than the floor rates established for its service area. All local chapters shall be required to establish floor rates for their areas no later than ninety (90) days after approval of this resolution. In determining whether a station has violated the above provision, the total cost of the contract shall be divided by the number of spots ordered to arrive at the effective cost per spot. Local dealers of franchisees of nationally known brand products may avail of local rates only when the advertising spot is scheduled on nonprime time. If the advertising spot is scheduled on prime time, the national rates shall apply. For the purpose of this provision, prime time shall be defined as the period between 6:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 7:00 p.m.
4.
5.
6.
7.
8. Advertising for local promotional events (such as concerts, discos, local branch openings or anniversaries, and the like) may be treated as local accounts only when the event itself is the subject of advertising. The national brand, product or service must only be mentioned as a sponsor. However, when a commercial material for a national brand, product or service is used, such advertising shall be treated as a national account. 9. All stations within a service area shall be required to submit their local rate cards to the KBP Local Chapter for publication within thirty (30) days before their effectivity.
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10. For the purpose of implementing this provision, the KBP shall coordinate with the ADBOARD to update the list of national advertisers from time to time for the reference of all members. 11.The following sanctions shall be imposed on stations found violating the above provisions: a. Charging rates lower than the established floor rate - payment of fine equivalent to the difference between the cost of the contract using the floor rate and the cost of the contract using the actual rate charged. b. Charging local rates for national advertisers - payment of fine equivalent to the difference between the cost of the contract using the local rate and the cost of the contract using the correct rate. c. Failure to submit local rate cards within the prescribed period shall be subject to a fine of P 1,000.00 12. Fines collected for violation of the above provisions shall go to the Local Chapter. (Approved as TLMC Resolution No. 97-001: Establishing Floor Rates for Local Accounts and Other Rules Therefor, during the Top Level Management Conference held last November 27, 1997, at the Baguio Country Club, Baguio City.) E. PENALTIES The following schedules of penalties shall be applied for violation of the above rules under this section: 1. Failure to maintain a Station's Official Rate Card - A fine of Five Thousand (P 5,000) Pesos. 2. Failure to file a certified true copy of the Station's Official Rate Card with the KBP-SA - The Authority shall issue a warning and a fine of P 1,000.00. The KBP-SA will advise the station to file the Official Rate Card within 15 days. Failure to comply by the station - a fine of P 1,000.00 will be imposed, and an additional P 1,000.00 for every month thereafter. 3. Charging rate lower than those reflected in the Station's Official Rate Card - A fine equivalent to the value of the performed portion of the contract using the prohibited rates plus 20% of the authorized rate. This penalty is also applied on authorized local rates.
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4. Failure to notify advertising agencies and advertisers of the change in rate 30 days prior to its effectivity - A fine of P 1,000.00 to P 5,000.00. 5. Failure to charge commercials in excess of the contracted time - A fine of P 5,000.00. 6. Charging Local Rates for National Rates - Total cost of the contract plus 25% on the station. The station manager shall be fined 50% of the penalty. 7. For the purpose of verifying whether the station is complying with the KBP Code and other rules and regulations, the KBP shall conduct a periodic inspection of local and national contracts and check operating logs. F. AIRTIME CLASSIFICATION The value of airtime varies and is dependent on a number of factors i.e. living habits, existing competing media and other related attractions, population distribution, average income, and other factors that affect listening habits in the broadcast service area. In the event that a station fails to adopt a classification as herein required, the following time classification shall be applicable: METRO MANILA AM Radio Class A Class B Class C Class D
5:00 AM to 9:00 AM / 4:00 PM to 7:00 9:00 AM to 4:00 PM / 7:00 PM to 9:00 PM 9:00 PM to 12 Midnight 12:00 Midnight to 5:00 AM
FM Radio Class A 6:00 AM to 8:00 PM Class B 5:00 AM to 6:00 AM / 8:00 PM to 9:00 Class C 9:00 PM to 12 Midnight Class D 12 Midnight to 5:00 AM OUTSIDE METRO MANILA AM Radio Class A
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Class B
Class C Class D FM Radio Class A Class B Class C Class D
9:00 AM to 12 Noon 2:00 PM to 4:00 PM 7:00 PM to 9:00 PM 9:00 PM to 12 Midnight 12:00 Midnight to 5:00 AM
6:00 AM to 8:00 PM 5:00 AM to 6:00 AM 8:00 PM to 10:00 PM 10:00 PM to 12 Midnight 12 Midnight to 5:00 AM
All airtime classifications shall be submitted to and subject for approval by the KBP-SA. Any change on rate cards shall be also submitted to KBP-SA for approval. Failure of the KBP-SA to act on any petition for change within seven (7) days from submission shall gain approval. STANDARDS OF MANAGEMENT & COMMERCIAL PRACTICE A. Advertising Agencies 1. A station shall adhere to the standards provided herein and shall require all advertisers to conform. Otherwise, the station may refuse to do business with them. 2. A station shall not enter an agreement with an advertiser or an advertising agency which is contrary to law, public order, public morals and the KBP code. A station shall not do business with media buyers who represent themselves singly or as a group to be the station marketing arm for some advertising agency and client.
The following penalties shall be imposed for violation of the above rule: For the first offense, a fine of P 2,000 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station;
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For the second offense, a fine of P 4,000 and/or six (6) months suspension of individual employee/block timer/announcer, and six (6) months suspension of privileges for the station; For the third offense, a fine of P 8,000 and/or twelve (12) months suspension of individual employee/block timer/announcer, and twelve (12) months suspension of privileges for the station; and For the fourth offense, cancellation or revocation of accreditation of individual employee or block timer/announcer, and recommendation for expulsion from KBP membership and, recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station. B. Fraudent Billing 1. A station shall not issue any advertiser, advertising agency or sponsor, any fraudulent billing, affidavit, certificate of performance or any document. 2. Radio stations shall not prepare fraudulent certificates of performance (VP's) and billings in collusion with a request from other parties in interest. The following penalties shall be imposed for violation of the above rules: For the first offense, a fine of P 1,000 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; For the second offense, a fine of P 3,000 and/or three (3) months suspension of individual employee/block timer/announcer, and three (3) months suspension of privileges for the station; For the third offense, a fine of P 5,000 and/or six (6) months suspension of individual employee/block timer/announcer, and six (6) months suspension of privileges for the station; and For the fourth offense, cancellation or revocation of accreditation of individual employee or block timer/announcer, and recommendation for expulsion from KBP membership and, recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station. C. Payments 1. Billing invoice of a station shall be paid in full within the prescribed period of sixty (60) days. 468
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2. A client/advertiser and/or advertising agency or conduit with any unpaid billing or unsettled accounts within five (5) days from and after receipt by the client/advertiser of a written demand made by the KBP shall be subject to a ban by the KBP-SA prohibiting its member stations from airing and all accounts of a client/advertiser. 3. A two (2) percent per month penalty surcharge shall be imposed on banned overdue accounts commencing on the date of suspension/banning by the KBP-SA, and payable to the KBP, one (1) percent thereof being due to the billing station. A provision to this effect shall be stated on all broadcast contracts and billing invoices. BLOCKTIME BUYING A. RESPONSIBILITY OF THE STATION Management shall be responsible for the programming of the station. This prerogative shall not be surrendered to other persons in the guise of management contracts, lease agreements, co-production commitments and block time program arrangements. The following penalties shall be imposed on any violation of the above rules: For the first offense, a fine of P 2,000 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; For the second offense, a fine of P 4,000 and/or six (6) months suspension of individual employee/block timer/announcer, and six (6) months suspension of privileges for the station; For the third offense, a fine of P 8,000 and/or twelve (12) months suspension of individual employee/block timer/announcer, and twelve (12) months suspension of privileges for the station; and For the fourth offense, cancellation or revocation of accreditation of individual employee or block timer/announcer, and recommendation for expulsion from KBP membership and, recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station.
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B. BLOCKTIME AIRTIME PURCHASE 1. Contracts a. Unless otherwise provided in the Station's Official Rate Card, the classification of prime time blocks for radio shall be: FOR METRO MANILA AM RADIO 5:00 AM TO 9:00 AM / 4:00 PM TO 8:00 PM FM RADIO 6:00 AM TO 8:00 PM FOR PROVINCIAL STATION AM RADIO 5:00 AM TO 9:00 AM 12 Noon to 2:00 PM 4:00 PM TO 7:00 PM FM RADIO 6:00 AM TO 8:00 PM
It is required that during prime time only three (3) hours of the airtime SHALL be allowed for block time programs under station responsibility and supervision. However, in no case shall the block time purchase exceed 40% of the total operating hours per day. b. A station shall be responsible for the violation of a block timer of Philippine Laws, NTC rules and KBP broadcast guidelines regardless of disclaimers made immediately before or after the block timer segment. c. There shall be no open-ended contracts for block timers. In no case shall a block timer contract have a term longer than one year, renewable by mutual agreement between the station and the block timer. Furthermore, the rates shall be subject to any duly approved rate changes of the station concerned. d. A copy of a duly signed contract between the station and the block timer buyer shall be furnished to the KBP National Office, including monthly certification on the status of the block timers program. A certification shall be made that the broadcast continues to adhere and observe KBP Radio Code and that there are no unpaid arrears. In case of any violation of the radio Code or for non-payment of arrears and the station suspends or cancels the contract, a copy of such suspension or cancellation shall be forwarded to KBP. Violation of any of the provisions on block time buying shall be a cause for immediate cancellation of the contract.
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e. The station may seek advice from the KBP-SA in cases of suspected violation of the Radio Code by the block time buyer. The station shall furnish KBP-SA with a tape recording of the block time program containing the suspected or alleged violation. The KBP-SA shall hold a hearing and request the station to bring a additional evidence, if any. An opinion will be made two (2) weeks after the hearing is made. f. Contracts with a duration of one month or less shall be fully paid for in advance. Contracts with a longer period shall be payable on a month to month basis in advance.
Should violation of any of these provisions be committed, management reserves the right to cancel a contract subject to 15 days prior to notice. 2. The following penalties shall be imposed on violation of the above rules: For the first offense, a fine of P 2,000 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; For the second offense, a fine of P 4,000 and/or six (6) months suspension of individual employee/block timer/announcer, and six (6) months suspension of privileges for the station; For the third offense, a fine of P 8,000 and/or twelve (12) months suspension of individual employee/block timer/announcer, and twelve (12) months suspension of privileges for the station; and For the fourth offense, cancellation or revocation of accreditation of individual employee or block timer/announcer, and recommendation for expulsion from KBP membership and, recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station. C. RATES 1. Block time buyer shall observe and faithfully comply with the KBP Radio code. This provision shall be specified in the contract between the station and the block time buyer. 2. Block time buyer shall pay the amount based on the computation of airtime cost as PER the KBP Radio Code which would mean: rate per minute multiplied by the allowed maximum number of commercial minutes per hour. In provincial broadcast areas, the station may charge block timers a Fifty (50) percent lower than its national commercial rates.
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In Metro Manila, the stations shall charge block timers the full 100% of its national commercial rates. The allowed maximum commercial load shall be observed at all times. 3. If a station charges block timers less than that which is allowed then there is a violation of the KBP Radio Code. 4. Any violation of the above rule shall subject station management a fine of at least P 1,000.00 and not more than P 10,000.00. D. CREDIT Block time buyers will be required to pay before broadcast. A contract of any block time buyer with arrears for non-payment of program or programs shall immediately be canceled. This would mean when a contract is canceled by the station for arrears, a block time buyer cannot go on the air in another station, in any area, unless he pays the original station. This provision shall be specified in the contract. Any violation of the above shall subject station management to a fine of at least P 1,000.00 and not more than P 10,000.00. E. ACCREDITATION 1. Accreditation is a regular process which gives a person access to the airlanes. Any person not connected with the regular broadcast staff but appears on a block time program and goes on-the-air on a seemingly regular basis is considered a block time buyer and shall be accredited by KBP-SA. 2. There shall be a certification by the station manager in the block time contract, then the person who is to regularly go on-the-air, is accredited. If the person who will regularly go on-the-air is not accredited, the station manager is liable to pay the fine of P 5,000.00 and the station management another P 5,000.00 fine if found guilty of violating the provision. This certification shall be filed with the KBP-SA. 3. If a block time buyer's accreditation is revoked or suspended, he shall not have access to the airlanes. If the station will allow this block time buyer to go on-the-air, then management will be subsidiarily liable and shall be subject to a fine of P 3,000.00 to P 5,000.00 for the first offense; a fine of P 5,000.00 to P 10,000.00 and suspension of privileges from KBP for a period of six (6) months to eight (8) months for the second offense; a fine of P 10,000.00 to P 15,000.00 and suspension from KBP membership for 472
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a period of eight (8) months (but still covered by KBP regulation) for the third offense; and recommendation for expulsion from KBP and recommendation to NTC for suspension of station license for the fourth offense. 4. The station manager will submit a monthly report to the KBP Local chapter and copy furnish KBP National Office of the block timers who are authorized to go on-the-air on said station. The station will be fined P 1,000.00 for failure to report within the regulatory period provided for by the KBP Accreditation Committee. 5. Failure to pay the fine by the station manager shall be reported to the network owner, who shall suspend the station manager for a minimum of fifteen (15) days and management shall pay the fine. SUBMISSION TO THE JURISDICTION OF THE REGULATORY BODY OF THE KBP 1. Any dispute from the operation of the block time buyer contract shall be subject to the rules and regulations of the KBP. 2. The above-mentioned provision shall be made part and parcel of block time contract. However, in the absence of such provision in the block time contract, such provision is deemed included. 3. Based on the principle of command responsibility, rules and the law on agency, the station management is subsidiarily liable if found guilty on any violation of the provision committed by the station manager. HABITUAL VIOLATOR 1. Definition For the purpose of this provision, the term "Habitual Violator" is a KBP member whose station, block timer, independent producer or employee covered by the Radio and Television Codes, has been found, within a period of two (2) years or less, by final and executory judgment, to have committed a combined aggregate total of five (5) violations of the Radio and/or Television Codes. 2. Procedure for Adverse Citation The names and violations of habitual violators of the Radio and TV Code shall be fully disseminated to all KBP members, Local Chapters and stations through a general circular issued by the KBP Standards Authority 473
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immediately after the fifth judgment, rendered as above provided, has become final and executory. The same shall be published in the "Ang Brodkaster", the regular newsletter of KBP. 3. Sanctions Without prejudice to other sanctions herein provided for specific offenses of the Radio and Television Code, the following sanctions shall also be imposed upon those cited as habitual violators: a. No KBP member cited as habitual violator shall qualify as a nominee for any award in the Golden Dove Awards in the year the adverse citation was made. b. If a KBP member has been cited as a habitual violator the second time, its collection privileges will be suspended for six (6) months. Subsequent citation as a habitual violator shall warrant suspension or expulsion proceedings initiated motu propio by the Board of Directors in accordance with the KBP Articles and By-Laws. Affiliate networks, stations or organizations will be treated independently of their mother network for the above purposes. (Approved as TLMC Resolution No. 97-002: Providing for Publication of Habitual Violators of the Radio/TV Codes, during the Top Level Management Conference last November 27, 1997, held in Baguio Country Club, Baguio City.) PENAL PROVISIONS 1. Penalties to be imposed for violation of the above rules and regulations, are categorized into (a) grave, (b) serious, (c) light, and shall consist of the following:
Grave Penalties 1. For the first offense, a fine of P 3,000 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; 2. For the second offense, a fine of P 5,000 and/or twelve (12) months suspension of individual employee/block timer/announcer, and twelve (12) months suspension of privileges for the station;
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3. For the third offense, a fine of P 10,000 and/or twenty-four (24) months suspension of individual employee/block timer/announcer, and twenty-four (24) months suspension of privileges for the station; and 4. For the fourth offense, cancellation or revocation of accreditation of individual employee or block timer/announcer, and recommendation for expulsion from KBP membership and, recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station. Serious Penalties 1. For the first offense, a fine of P 2,000 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; 2. For the second offense, a fine of P 4,000 and/or six (6) months suspension of individual employee/block timer/announcer, and six (6) months suspension of privileges for the station; 3. For the third offense, a fine of P 8,000 and/or twelve (12) months suspension of individual employee/block timer/announcer, and twelve (12) months suspension of privileges for the station; and 4. For the fourth offense, cancellation or revocation of accreditation of individual employee or block timer/announcer, and recommendation for expulsion from KBP membership and, recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station. Light Penalties 1. For the first offense, a fine of P 1,000 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; 2. For the second offense, a fine of P 3,000 and/or three (3) months suspension of individual employee/block timer/announcer, and three (3) months suspension of privileges for the station; 3. For the third offense, a fine of P 5,000 and/or six (6) months suspension of individual employee/block timer/announcer, and six (6) months suspension of privileges for the station; and 4. For the fourth offense, cancellation or revocation of accreditation of individual employee or block timer/announcer, and recommendation for 475
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expulsion from KBP membership and, recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station. 2. The penalties to be imposed for violation of the above rules and regulations, shall be in accordance with the following: A. GRAVE PROGRAM STANDARDS H. Sex and violence I. Drama programming J. Children's program P. General program standards ADVERTISING STANDARDS D. Gambling and lotteries
STANDARDS OF MANAGEMENT AND COMMERCIAL PRACTICE B. Fraudulent billing B. SERIOUS PROGRAM STANDARDS L. Music O. Medical and legal advice ADVERTISING STANDARDS A. Responsibility of the broadcasters B. General I. General advertising standards STANDARDS OF MANAGEMENT AND COMMERCIAL PRACTICE A. Advertising agencies BLOCKTIME BUYING A. Responsibility of the station B. Blocktime airtime purchase
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C. LIGHT PROGRAM STANDARDS A. News B. Public affairs, Public issues and Commentaries D. Political broadcasts F. Personal calls and appeals G. Public complainer K. Quiz shows M. Fund raising N. Religion and religious programming ADVERTISING STANDARDS E. Guarantees, offers and promotions F. Liquor and alcoholic drinks G. Medical products H. Cigarettes and tobacco 3. The station shall be subsidiarily liable with the employee/announcer/block timer for fines which may be imposed on the latter in accordance with the above provisions. 4. The KBP, may, at its option, enforce the collection of the above fines by requiring the station concerned to air KBP-sourced advertisements, with payments thereof to be made and offset against the said collectible fines, costs for said spots shall be based on prevailing rates.
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CERTIFICATE OF SUBSCRIPTION TO THE BOARD OF DIRECTORS: This is to certify that I have read and understood the contents of the KBP Radio Code and that I subscribe to the letter, spirit and intent of the Code and that I pledge to abide by all its provisions.
________________________ Printed Name ________________________ Signature ________________________ Company
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KAPISANAN NG MGA BRODKASTER NG PILIPINAS Revised Edition of the TELEVISION CODE FOREWORD If a picture is worth a thousand words, then television is the ultimate mass medium. Its awesome technology can shrink the world into a global village. Its vividness, simultaneity, reach and technology instantly transport the viewer to the scene. However, we believe that it is not machines but television's men and women, who write the script, read the news, entertain, sell airtime, and put the whole show together. They are the ones whose talent shapes the minds and influence the psyche of the viewer. This Television Code sets the tone so that the genius of talents, guided by well-researched and rationalized guidelines, could bring forth not only the best in form but also in substance of programs, taking into consideration TVs various publics - men and women, young and old, of all walks and persuasions - with the vision of serving them the best that all of TV could give. PREAMBLE WE BELIEVE THAT broadcasting in the Philippines encapsulizes and reflects the hopes and dreams of a freedom loving people; THAT broadcasting is a dynamic factor in our country's cultural, social and economic growth and development; THAT broadcasting possesses a uniquely immediate and lasting impact on the public, which demands a high sense of responsibility, and discerning judgement of morality, fairness and honesty at all times; THAT broadcasting has an obligation to uphold the properties and customs of civilized society; to maintain the respect of the rights and sensitivities of all people; to preserve the honor and the sanctity of the family and home; to protect the sacredness of individual dignity; and to promote national unity.
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PROGRAM STANDARD A. GENERAL PROGRAM STANDARDS 1. Crime, violence, illicit sexual relations or any form of perversion shall never be presented as good, attractive, or as inevitable in the sense of being beyond correction, reform or retribution. 2. Programs, which feature the abuse of liquor and/or the use of dangerous drugs, shall always present these as socially undesirable and unacceptable. 3. Gambling shall never be presented as a good habit, nor shall the public be encouraged to engage in it. 4. The presentation of superstitions or pseudo-scientific beliefs associated with the foretelling of the future is not desirable except as required for the development of a story, when it shall be treated with discretion. 5. Cruelty, greed, selfishness, unfair exploitation of others and similar unworthy motivations shall not be presented in a favorable light. 6. Programs that underscore any form of injustice or wrongdoing shall show that such acts are punished just as meritorious deeds are rewarded. 7. Programs shall not be presented in a manner that would degrade the ideals of family unity and traditional values of the Filipino family such as mutual respect, trust, assistance and affection. 8. Programs shall not exploit mental and physical defects as to humiliate those who suffer from such defects nor shall the ridicule of such defects be presented as good and acceptable. 9. Programs shall not use dialogues, actions and other similar manifestations which are obscene, blasphemous, profane, derogatory or vulgar. 10. Programs shall not present medical, legal or other professional materials without identifying the sources of authority. Such materials shall conform to the law and established professional standards.
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11. The portrayal of criminal activities shall always convey its negative social and human effects. 12. In the production and airing of programs, it shall always be considered that children are a part of the audience. 13. Any program and/or broadcast material tending to incite or inciting treason, rebellion or sedition - shall not be allowed. 14. Nothing in these rules shall be construed to prohibit free and responsible speech or legitimate suggestions for the amendment, modification or abolition of socially repressive laws, practices or systems, or seeking illegitimate redress of grievances. 15. The following penalties shall be imposed for violations of the above rules: a. For the first offense, a fine of P7,000.00 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; b. For the second offense, a fine of P10,000.00 and/or twelve (12) months suspension of individual employee/block timer/announcer, and twelve (12) months suspension of privileges for the station; c. For the third offense, a fine of P20,000.00 and/or twenty four (24) months suspension of individual employee/block timer/announcer, and twenty four (24) months suspension of privileges for the station; and d. For the fourth offense, cancellation or revocation of accreditation of individual employee/ block timer/announcer, and recommendation for expulsion from KBP membership and recommendation to the National Telecommunications Commission (NTC) for the cancellation of the permit to operate the station A.1. COMMUNITY RESPONSIBILITY 1. Broadcasters shall acquaint themselves with the culture, mores, traditions, needs and other characteristics of their coverage area and its people to best serve the welfare of the community. 2. Requests for the airing of public announcements (panawagan) or programs shall be carefully reviewed. Before airing, the legitimacy and proper identity of the requesting party shall first be established.
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A.2. SUPPORT TO NATIONALISM AND DEVELOPMENT 1. All stations shall strive to contribute to national development and promote the social and economic uplift of the people. 2. All stations shall actively provide for the continuing expression of the Filipino national identity, and shall encourage the development and preservation of traditional and indigenous forms of culture. 3. Programs shall continually strive to use predominantly Filipino creative resources, talents and program content. 4. Programs shall endeavor to encourage and promote nationalism in the arts, sciences and culture. 5. Every television station is encouraged to produce and schedule its own positive developmental messages to be aired preferably during primetime. A.3 SEX, OBSCENITY AND VIOLENCE 1. Crime shall always be condemned. When required by the story, care should be taken in its presentation in order to minimize/eliminate the inducement to commit crime. 2. Unnecessary or excessive violence and horror shall not be allowed. 3. Speech or action likely to incite any person to violence or anti-societal behavior shall not be allowed. 4. Sex and all matters related to it shall be treated with the greatest of care and utmost good taste. Premarital sex and extra-marital sex shall never be condoned or justified. Explicit sexual acts, sex perversion of any kind and frontal nudity shall not be allowed. 5. The following penalties shall be imposed for violations of the above rules: a. For the first offense, a fine of P7,000.00 and/or written reprimand to individual employee/block timer/announcer, and censure for the station; b. For the second offense, a fine of P10,000.00 and/or twelve (12) months suspension of individual employee/block timer/ announcer, and twelve (12) months suspension of privileges for the station;
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c. For the third offense, a fine of P20,000.00 and/or twenty four (24) months suspension of individual employee/block timer/announcer, and twenty four (24) months suspension of privileges for the station; and d. For the fourth offense, cancellation or revocation of accreditation of individual employee/block timer/announcer, and recommendation for expulsion from KBP membership and recommendation to the National Telecommunications Commission (NTC) for the cancellation of the permit to operate the station. A.4 SUPERSTITION AND OCCULTISM 1. Superstition, evil, supernatural powers, foretelling of the future, character reading, witchcraft, occultism, mass hypnotism, faith healing, astrology, phrenology, palm-reading, numerology, mind-reading, character-reading, or subjects of a like nature shall be featured with responsibility in programs in such a manner that it should not foster belief in said activities and in order not to take undue advantage of and unfairly exploit the gullible, the innocent, the illiterate, the hopeless and the ignorant. 2. The advertising and coverage of fortune telling, occultism, faith-healing, astrology, phrenology, palm-reading, numerology, mind-reading, character-reading or subject of a like nature shall be treated with utmost care and responsibility. 3. The following penalties shall be imposed for violations of the above rules: a. For the first offense, a fine of P7,000.00 and/or written reprimand to individual employee/block timer/announcer, and censure for the station; b. For the second offense, a fine of P10,000.00 and/or twelve (12) months suspension of individual employee/block timer/announcer, and twelve (12) months suspension of privileges for the station; c. For the third offense, a fine of P20,000.00 and/or twenty four (24) months suspension of individual employee/block timer/ announcer, and twenty four (24) months suspension of privileges for the station; and d. For the fourth offense, cancellation or revocation of accreditation of individual employee/block timer/announcer, and recommendation for expulsion from KBP membership and recommendation to the National Telecommunications Commission (NTC) for the cancellation of the permit to operate the station.
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PROGRAM STANDARDS B. NEWS AND PUBLIC AFFAIRS 1. FREQUENCY AND SCHEDULE OF NEWSCAST Every station shall schedule at least a minimum of 30-minute newscast (aggregate total including advisories) per day from Monday to Friday. 2. NEWS SOURCES News sources may either be primary or secondary. A primary source is a person who is the direct source of a news item. A secondary source may be a person who acts as an indirect news source or a recorded material (print or audio/video) from which a news item is extracted or attributed to. 2.1 Care shall be exercised in the selection of news sources. Voice and video clips of persons involved in the news shall be properly identified. Morbid, sensational or alarming details not essential to the factual report, especially about stories on crimes or sex, shall not be allowed. News shall be presented in such a manner as to avoid panic and unnecessary alarm. 2.2 Correct and accurate attribution of news sources whether primary or secondary are mandatory in keeping with the highest standards of broadcast journalism. 3. NEWS REPORTING 3.1 News reporting shall be factual, fair and as objective as possible. Unconfirmed reports shall be identified as such and verified for accuracy at the soonest time possible. 3.2 Good taste shall prevail in the selection and handling of news. Morbid, sensational, or alarming details not essential to factual reporting shall be allowed. 3.3 Editors and deskmen shall be diligent in the supervision/evaluation of content, format and presentation of news broadcasts. 3.4 Station management shall exercise extreme caution and prudence in deciding whether or not to air interviews with persons who openly or publicly advocate the overthrow of government by force or violence.
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4. NEWS ANALYSES Programs of news analyses, commentaries and editorials shall be clearly identified as such and clearly distinguished from straight news. Speakers, writers and sources shall be properly identified. 4.1 Station management shall ensure that commentaries and analyses are handled by qualified station personnel or talents. 4.2 An editorial shall be clearly identified as such, with a statement that the station/network assumes responsibility for that point of view. 4.3 Commentaries/analyses by block timers shall be clearly identified as such. The content of the commentary/analysis and qualifications of the commentator/analyst remain the responsibility of the station/network, even if the program is a block time purchase. 4.4 Special responsibility devolves upon those who analyze and/or comment on news developments, and the network shall ensure that the task is to be performed in the best interest of the viewing public. News analysis and commentaries shall be clearly identified as such, to distinguish them from straight news reporting. 4.5 Opinions about issues of general interest expressed in news, public affairs, and other programs shall be clearly identified as editorials for which the network shall be held directly responsible. 5. PLACEMENT OF ADVERTISING Broadcast stations shall be discriminating in the acceptance, placement and presentation of advertising in news programs so that such advertising is clearly distinguished from news content. Further, commercials in the guise of news shall not be allowed. 6. All news interview programs shall be governed by accepted standards of ethical journalism, under which the interviewer selects the questions to be asked. Where there is advanced agreement materially restricting an important or newsworthy area of questioning, the interviewer will state on the program that such limitation has been agreed upon. Such disclosure shall be made if the person being interviewed requires that questions be submitted in advance or participates in editing a recording of the interview prior to broadcast.
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7. COVERAGE OF NEWS AND PUBLIC EVENTS In the coverage of news and public events, broadcasters shall exercise their judgment along accepted standards of ethical journalism. 8. Rallies and demonstrations are legitimate news events and may be covered at the discretion of the station. However, care shall be exercised that the coverage itself is not sensationalized so as to incite or alarm the listening and viewing public. 9. Any live or taped on-the-spot and continuing coverage of any activity that purports to heal the sick and the ill based on the occult, black magic, witchcraft and practices of similar nature shall not be allowed. If there is legitimate news value to these activities, these shall only be carried as news items in regular newscasts or as a professionally handled documentary. 10. The following penalties shall be imposed for violation of the above rules: a. For the first offense, a fine of P3,000.00 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; b. For the second offense, a fine of P5,000.00 and/or three (3) months suspension of individual employee/block timer/ announcer, and three (3) months suspension of privileges for the station; c. For the third offense, a fine of P10,000.00 and/or six (6) months suspension of individual employee/block timer/ announcer, and six (6) months suspension of privileges for the station; and d. For the fourth offense, cancellation or revocation of accreditation of individual employee/ block timer/announcer, and recommendation for expulsion from KBP membership and recommendation to the National Telecommunications Commission (NTC) for the cancellation of the permit to operate the station
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PROGRAM STANDARDS C. PUBLIC AFFAIRS 1. Broadcast stations are encouraged to provide a forum for articulating views, opinions and comments from all sectors of society. 2. Broadcast stations shall provide a fair representation to opposing or contrasting sides of significant public issues being discussed. 3. Public affairs programs shall be geared towards building an enlightened citizenry through the discussion and clarification of issues of national and international significance. 4. The broadcaster has the obligation to present public issues free from personal bias, prejudice and inaccurate and misleading information. Programs and commentaries which deal with controversial issues involving public officials shall treat such officials fairly. Care shall be taken that such programs do not purposely erode the people's confidence in duly constituted authority. Name-calling and personal insults are prohibited. Constructive rather than negative criticism shall be emphasized and shall be based on fact. The language used shall not be vulgar, obscene, derogatory or inflammatory as determined by prevailing legal and community standards. 5. No station shall allow its airtime and other facilities to be used to malign or unfairly attack other persons or groups on issues which have no bearing on the public welfare. 6. It is the responsibility of the newscaster, commentator, host and announcer to protect public interest, general welfare and good order in the presentation of public affairs and public issues. 7. Upon discovery of a mistake, it is the responsibility of the network to rectify the mistake by airing corrective statement/s at the earliest available opportunity. 8. The following penalties shall be imposed for violation of the above rules: a. For the first offense, a fine of P3,000.00 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station;
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b. For the second offense, a fine of P5,000.00 and/or three (3) months suspension of individual employee/block timer/ announcer, and three (3) months suspension of privileges for the station; c. For the third offense, a fine of P10,000.00 and/or six (6) months suspension of individual employee/block timer/ announcer, and six (6) months suspension of privileges for the station; and d. For the fourth offense, cancellation or revocation of accreditation of individual employee/ block timer/announcer, and recommendation for expulsion from KBP membership and recommendation to the National Telecommunications Commission (NTC) for the cancellation of the permit to operate the station. PROGRAM STANDARDS D. POLITICAL BROADCASTS 1. All political broadcasts whether in the form of programs or spots shall comply with and be subject to the pertinent provisions of the Election Code and all other applicable laws and regulations promulgated by competent authority. 2. Political broadcasts such as straight commentaries, analyses, reportage or in drama form designed to influence voters shall be properly identified before and after the program as a paid broadcast. (NOTE: Subject to the existing provision of the Election Code). 3. Political broadcasts shall not be presented in the misleading guise of any other program type or format. 4. The unique and free character of political broadcasts makes it imperative for all candidates and/or their duly authorized representatives to observe broadcast ethics. 5. The following penalties shall be imposed for violation of the above rules: a. For the first offense, a fine of P3,000.00 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station;
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b. For the second offense, a fine of P5,000.00 and/or three (3)months suspension of individual employee/block timer/ announcer, and three (3) months suspension of privileges for the station; c. For the third offense, a fine of P10,000.00 and/or six (6) months suspension of individual employee/block timer/ announcer, and six (6) months suspension of privileges for the station; and d. For the fourth offense, cancellation or revocation of accreditation of individual employee/block timer/announcer, and recommendation for expulsion from KBP membership and recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station. PROGRAM STANDARDS E. RELIGION AND RELIGIOUS PROGRAMMING 1. Broadcast stations shall make available to the community appropriate and equal opportunities for religious programs which shall be presented by responsible individuals, groups or organizations, in a manner that shall provide the audience with a positive view of the role of religion in society. 2. Television broadcasting reaches audiences of all creeds. Therefore, both advocates of broad or ecumenical religious precepts and the exponents of specific doctrines are urged to present their positions in a positive manner conducive to viewer/listener enlightenment on the role of religion in society. 3. Programs which contain religious material shall not in any manner ridicule, cast aspersions on, and degrade other existing denominations, sects and groups. 4. The following penalties shall be imposed for violation of the above rules: a. For the first offense, a fine of P3,000.00 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; b. For the second offense, a fine of P5,000.00 and/or three (3) months suspension of individual employee/block timer/ announcer, and three (3) months suspension of privileges for the station;
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c. For the third offense, a fine of P10,000.00 and/or six (6) months suspension of individual employee/block timer/ announcer, and six (6) months suspension of privileges for the station; and d. For the fourth offense, cancellation or revocation of accreditation of individual employee/block timer/announcer, and recommendation for expulsion from KBP membership and recommendation to the National Telecommunications Commission (NTC) for the cancellation of the permit to operate the station. PROGRAM STANDARDS F. PROGRAMS FOR CHILDREN 1. In their totality, children's programs shall contribute to the sound, balanced development and growth of children. 2. Children's programs shall afford wholesome entertainment opportunities and cultural growth. 3. While children's programs may contain combat violence, it shall not present violence, whether physical or psychological, as the only means in resolving conflicts and problems. 4. Children's programs shall embody positive sets of values to encourage them to become responsible persons. 5. Children's programs shall encourage respect for authority, law and order, good morals and clean, healthful living. Emphasis shall also be given to the development in children of good manners, a sense of duty, responsibility and proper concept of courage. 6. Children's programs shall not encourage children to purchase a product specifically for the purpose of keeping the program on air. 7. Children shall be encouraged in the art of correct speech and pronunciation, such that speech and expression detrimental to the language growth of children shall be avoided. Slang and incorrect pronunciation shall be discouraged except when necessary to characterization, in which case some way of pointing out errors shall be incorporated into the sequence.
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8. Exploitation of children shall not be allowed. Advertisement of a product or service which might result in physical, mental, psychological and/or moral harm to children shall not be aired in a program intended for children. 9. Children's programs shall not allow the depiction of sexual acts and/or undue violence. 10. No liquor or cigarette advertising spots shall be allowed within programs specifically intended for children, including break spots immediately before and after such programs. 11. Criminal and immoral activity shall always be portrayed as undesirable. 12. Children's programs shall endeavor to complement the formal education of children. 13. All stations are encouraged to schedule regular children's programs for an audience 12 years and under. 14. The following penalties shall be imposed for violations of the above rules: a. For the first offense, a fine of P7,000.00 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; b. For the second offense, a fine of P10,000.00 and/or twelve (12) months suspension of individual employee/block timer/ announcer, and twelve (12) months suspension of privileges for the station; c. For the third offense, a fine of P20,000.00 and/or twenty four (24) months suspension of individual employee/block timer/ announcer, and twenty four (24) months suspension of privileges for the station; and d. For the fourth offense, cancellation or revocation of accreditation of individual employee/block timer/announcer, and recommendation for expulsion from KBP membership and recommendation to the National Telecommunications Commission (NTC) for the cancellation of the permit to operate the station.
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PROGRAM STANDARDS G. CONTESTS, PUBLIC PARTICIPATION PROGRAMS AND PROMOTIONS 1. Contests and promotions shall be conducted with fairness and shall comply with all pertinent laws of the land and regulations of KBP. Contests and promotions shall not unduly exploit the audience or participants. 2. All contest details including rules, eligibility requirements, opening and termination dates shall be completely and clearly announced at least three (3) days before the contest. The mechanics of the contest in all cases shall be submitted to the Standards Authority as herein provided for. The winners' names shall be announced and the prizes awarded as soon as possible after the contest. 3. Public or audience participation programs shall not ridicule, diminish or demean the dignity of an individual participating in such programs. 4. Performers in programs shall always observe decency and proper decorum. 5. The following penalties shall be imposed for violation of the above rules: a. For the first offense, a fine of P3,000.00 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; b. For the second offense, a fine of P5,000.00 and/or three (3) months suspension of individual employee/block timer/ announcer, and three (3) months suspension of privileges for the station; c. For the third offense, a fine of P10,000.00 and/or six (6) months suspension of individual employee/block timer/ announcer, and six (6) months suspension of privileges for the station; and d. For the fourth offense, cancellation or revocation of accreditation of individual employee/block timer/announcer, and recommendation for expulsion from KBP membership and recommendation to the National Telecommunications Commission (NTC) for the cancellation of the permit to operate the station.
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PROGRAM STANDARDS H. FUND RAISING 1. A station shall not allow its facilities to be used for fund-raising activities unless it has fully verified the legitimacy and worthiness of the project and only where beneficiaries are government sponsored projects, charitable causes, victims of calamities or natural disasters or for legitimate and worthy causes. 2. Registration with and clearance by KBP is required of non-station producers like block timers and/or co-producers whose programs are vehicles for fund solicitation where beneficiaries are outside those mentioned in the preceding section. 3. The following penalties shall be imposed for violation of the above rules: a. For the first offense, a fine of P3,000.00 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; b. For the second offense, a fine of P5,000.00 and/or three (3) months suspension of individual employee/block timer/ announcer, and three (3) months suspension of privileges for the station; c. For the third offense, a fine of P10,000.00 and/or six (6) months suspension of individual employee/block timer/ announcer, and six (6) months suspension of privileges for the station; and d. For the fourth offense, cancellation or revocation of accreditation of individual employee/block timer/announcer, and recommendation for expulsion from KBP membership and recommendation to the National Telecommunications Commission (NTC) for the cancellation of the permit to operate the station. PROGRAM STANDARDS I. SHOWING OF MOVIES AND MOVIE TRAILERS 1. Only movies approved by MTRCB or any government regulatory or authorized body may be shown on television.
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2. Television stations reserve the right to require further editing of movie trailers and/or may refuse their airing, regardless of MTRCB action, to conform with the network's internal standards and policies. 3. Television stations shall not schedule movie trailers which are not suitable for children, even if approved by MTRCB within children's programs or within commercial gaps immediately preceding or succeeding children's shows. 4. The control or prevention of movie piracy shall be the station's responsibility. Only movies and other television program materials approved or cleared by the Videogram Regulatory Board (VRB) or any government regulatory body may be aired by television stations. 5. The following penalties shall be imposed for violations of the above rules: a. For the first offense, a fine of P7,000.00 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; b. For the second offense, a fine of P10,000.00 and/or twelve (12) months suspension of individual employee/block timer/ announcer, and twelve (12) months suspension of privileges for the station; c. For the third offense, a fine of P20,000.00 and/or twenty four (24) months suspension of individual employee/block timer/ announcer, and twenty four (24) months suspension of privileges for the station; and d. For the fourth offense, cancellation or revocation of accreditation of individual employee/block timer/announcer, and recommendation for expulsion from KBP membership and recommendation to the National Telecommunications Commission (NTC) for the cancellation of the permit to operate the television stations. PROGRAM STANDARDS J. GAMBLING AND LOTTERIES 1. The coverage of horseracing, cockfighting, jai-alai and all forms of gambling, legal or illegal shall not be allowed. The coverage of all other forms of sports events which may involve public betting shall conform to existing rules and regulations contained herein.
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2. The announcements of tips, results and schedules of horseracing, jai-alai, cockfighting, small town lottery (popularly known as lotto), last two numbers of the winning sweepstakes draw, and all form of gambling shall not be allowed. 3. The following penalties shall be imposed for violations of the above rules: a. For the first offense, a fine of P7,000.00 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; b. For the second offense, a fine of P10,000.00 and/or twelve (12) months suspension of individual employee/block timer/ announcer, and twelve (12) months suspension of privileges for the station; c. For the third offense, a fine of P20,000.00 and/or twenty four (24) months suspension of individual employee/block timer/ announcer, and twenty four (24) months suspension of privileges for the station; and d. For the fourth offense, cancellation or revocation of accreditation of individual employee/block timer/announcer, and recommendation for expulsion from KBP membership and recommendation to the National Telecommunications Commission (NTC) for the cancellation of the permit to operate the station. PROGRAM STANDARDS K. USE OF CRAWLS 1. Text crawls, either electronic or manual, shall not be used for any other purpose except for news bulletins and last minute program changes and advisories in the public interest. 2. The following penalties shall be imposed for violation of the above rules: a. For the first offense a fine of P3,000.00 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; b. For the second offense, a fine of P5,000.00 and/or three (3) months suspension of individual employee/block timer/ announcer, and three (3) months suspension of privileges for the station;
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c. For the third offense, a fine of P10,000.00 and/or six (6) months suspension of individual employee/block timer/ announcer, and six (6) months suspension of privileges for the station; and d. For the fourth offense, cancellation or revocation of accreditation of individual employee/block timer/announcer, and recommendation for expulsion from KBP membership and recommendation to the National Telecommunications Commission (NTC) for the cancellation of the permit to operate the station. PROGRAM STANDARDS L. MUSICAL, VARIETY, SITCOM, GAME AND SPECIAL SHOW 1. Adlibs/Spiels/Scripts/Languages a. Coarse, vulgar jokes, which may offend the sensibilities of the audience and the viewers, shall be taboo. b. There shall be no derogatory utterances nor accompanying antics that will tend to demean or ridicule participant(s), any member of the studio or viewing audience and/or any ethnic, racial or religious group. c. The diminution of respect for the lawful authority and the process of law enforcement are unacceptable as program material. 2. Dance sequences/skits Good taste shall prevail in the presentation of skits and dance numbers. Utmost care shall be taken that dancers or performers are properly attired. 3. Attire and Decorum All hosts/emcees/casts/regular on-air personalities shall be properly dressed for their program, taking into account not only what is fashionable but also what is decent and proper for the medium. Performers in the programs shall always observe decency and proper decorum and shall not be allowed to perform while under the influence of drugs or liquor.
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ADVERTISING STANDARDS A. RESPONSIBILITY OF THE NETWORK 1. The primary aim of advertising shall be to provide the public with honest, truthful and adequate information on products and services. A network/station shall refuse advertisements where there is sufficient reason to doubt the integrity of the advertisers and the truth of the advertising representation. 2. A network/station shall exercise utmost care to prevent the presentation of false, misleading or deceptive advertising. If necessary, advertisers may be required to show documentation to prove the validity and truthfulness of claims, demonstration and testimonials contained in their commercial messages. 3. A network/station shall exercise special caution in the schedule of commercials which might not be suitable for children. Such commercials shall not be placed within or near programs designed for children. No commercial which exploits children shall be allowed. 4. The following penalties shall be imposed on violation of the above rules: a. For the first offense, a fine of P5,000.00 and/or written reprimand to individual employee / block timer/ announcer, and censure for the station; b. For the second offense, a fine P8,000.00 and/or six (6) months suspension of individual employee/block timer/ announcer, and six (6) months suspension of privileges for the station;
c. For the third offense, a fine of P15,000.00 and/or twelve (12) months suspension of individual employee/block timer/ announcer, and twelve months suspension of privileges for the station; and d. For the fourth offense, cancellation or revocation of accreditation of individual employee/block timer/announcer, and recommendation for expulsion from KBP membership and recommendation to the National Telecommunications Commission (NTC) for the cancellation of the permit to operate the station.
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ADVERTISING STANDARDS B. USE OF CHILDREN IN ADVERTISING 1. Networks/stations and advertisers shall exercise special caution with the contents and presentation of television commercials within and around programs designed for children 12 years and below. Exploitation of children shall be avoided. Commercials directed to children shall in no way mislead as to the products performance and usefulness. 2. Commercials, whether live, film or tape, within programs designed primarily for children 12 years and below shall be clearly distinguishable from program materials. Hence, an appropriate device shall be utilized to separate commercials from program material. 3. Children shall not be presented as being in contact with or demonstrating a product recognized as potentially dangerous to them. 4. The following penalties shall be imposed for violation of the above rules: a. For the first offense, a fine of P3,000.00 and/or written reprimand to individual employee/block timer/announcer, and censure for the station; b. For the second offense, a fine of P5,000.00 and/or three (3) months suspension of individual employee/block timer/ announcer, and three (3) months suspension of privileges for the station; c. For the third offense, a fine of P10,000.00 and/or six (6) months suspension of individual employee/block timer/ announcer, and six (6) months suspension of privileges for the station; and d. For the fourth offense, cancellation or revocation of accreditation of individual employee/block timer/announcer, and recommendation for expulsion from KBP membership and recommendation to the National Telecommunications Commission (NTC) for the cancellation of the permit to operate the station.
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ADVERTISING STANDARDS C. GENERAL PRINCIPLES OF ADVERTISING 1. Networks/stations shall honor and strictly adhere to their contractual obligations and commitments to advertisers and advertising agencies. 2. Networks/stations shall circularize to all concerned a clear and full statement of their rates, terms and lead-time requirements for the convenience of advertisers. 3. Where they are available, networks/stations shall disseminate current information regarding viewership, listenership and other relevant information to guide advertising agencies and other concerned parties in properly evaluating media purchases and usages. 4. Rate adjustments by networks/stations shall be announced at least ninety (90) days prior to implementation within which time advertisers and advertising agencies may make necessary adjustments, except in cases of abnormal economic/price fluctuations caused by factors beyond control. 5. The following penalties shall be imposed for violation of the above rules: a. For the first offense, a fine of P3,000.00 and/or written reprimand to individual employee/block timer/announcer, and censure for the station; b. For the second offense, a fine of P5,000.00 and/or three (3) months suspension of individual employee/block timer/announcer, and three (3) months suspension of privileges for the station; c. For the third offense, a fine of P10,000.00 and/or six (6) months suspension of individual employee/block timer/announcer, and six (6) months suspension of privileges for the station; and d. For the fourth offense, cancellation or revocation of accreditation of individual employee/block timer/announcer, and recommendation for expulsion from KBP membership and recommendation to the National Telecommunications Commission (NTC) for the cancellation of the permit to operate the station.
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ADVERTISING STANDARDS D. TIME STANDARDS FOR NON-PROGRAM MATERIALS 1. Commercial interruptions shall be scheduled in such a manner as to provide continuous viewing pleasure. 2. All networks shall regulate the placement, duration and frequency of nontraditional advertisements so as not to duly intrude into the program content. 3. Commercial load for television in Metro Manila shall not exceed eighteen (18) minutes per hour in foreign or local programs, inclusive of breakspots. The commercial load for provincial TV stations shall not exceed twenty (20) minutes per program hour, whether foreign or local. 4. Coverages of news, special events, public affairs programs and sports shall be exempt from program interruption standards. However, the aggregate number of commercial minutes per clockhour shall be observed, except in international sports events where the commercial load may be increased on a case to case basis upon approval of the Standards Authority but in no case shall it exceed twenty (20) commercial minutes per hour. The responsibilities on implementation of the number of commercial minutes allowed per hour remains with the station. These terms and conditions shall appear in the contract covering spot/program sales. 5. Direct competing products, services or firms may be placed within the same commercial cluster provided they are not aired back-to-back. 6. Programs with multiple sponsorship may avail of product CBB's bumpers. 7. The following schedule of penalties shall be imposed on any station found to be violating the above rules: a. For airing commercial materials in excess of limitations - a confiscatory fine of the equivalent amount of the commercial in excess plus 20% of the aggregate total amount of the overload. b. For airing back-to-back of direct competing products, services or firms in the same commercial cluster - cost of commercials in the cluster.
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ADVERTISING STANDARDS E. GENERAL ADVERTISING STANDARDS 1. Advertisements shall not contain messages which deride or otherwise discredit the law and its enforcement. 2. The following types of advertising shall not be allowed: a. Advertising which uses superlatives, false claims and misleading expressions. b. Advertisements which refer to the results of bonafide researches, surveys or terms relating to the product to be advertised as to create an impression of fact beyond that established by such researches, surveys or tests. c. Advertisements which use statements citing the source and removing such statement from the context so that it is applied to support the advertiser's interest in a manner not intended by the original author. d. Advertisements which contain disparaging references to products or services or to other advertisers, professionals, industries or institutions. e. Advertisements which contain messages describing in detail any form of violence or brutality or which appear to condone such acts. f. Advertisements which deliberately encourage wrong usage or which deliberately promote wrong pronunciation and bad grammar.
g. Advertisements which make insignificant use of national heroes or national shrines for the sale or promotion of commercial products or services. 3. Advertisements shall not, without prior consent of an individual, portray or refer to by whatever means, the individual's personal and private experience. 4. Advertisements shall not disregard normal safety precautions nor show or refer to dangerous practices without justifiable reason.
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5. Advertising on loans and investments shall conform to and comply with existing Philippine laws, rules and regulations. 6. Advertisements on undertakers and morticians and others associated with death or burial shall be presented in a restrained, tasteful and inoffensive manner. 7. Care shall be exercised in accepting advertisements supporting charitable causes so as not to mislead the public. 8. "Bait-switch" advertising or advertisements whereby goods or services which the advertiser has no intention of selling are offered merely to lure the customers into purchasing higher priced substitutes are not acceptable. 9. Advertising messages shall be presented with courtesy and good taste; every effort shall be made to keep the advertising message in harmony with the content and general tone of the program in which it appears. 10. The role and capability of television to market sponsors' products are well recognized. In turn, this fact dictates that great care be exercised by the broadcaster to prevent the presentation of false, misleading or deceptive advertising. While it is entirely appropriate to present a product in a favorable light and atmosphere, the presentation shall not, by copy or demonstration, involve a material deception as to the characteristics, performance or appearance of the product. Broadcast advertisers are responsible for making available documentation adequate to support the validity and truthfulness of claims, demonstrations and testimonials contained in their commercial messages. 11. Appeals to help fictitious characters in television programs by purchasing the advertiser's product or service sending for a premium shall not be permitted, and such fictitious characters shall not be introduced into the advertising message for such purposes. 12. Advertising shall offer a product or service on its positive merits and refrain from discrediting, disparaging or unfairly attacking competitors, competing products, and other industries, professionals or institutions. 13. In consideration of the customs and attitudes of the communities served, television networks/stations shall refuse his/her facilities to the advertisement of products and services, or the use of advertising scripts, 502
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which the network/station has good reason to believe would be objectionable to a substantial and responsible segment of the community. These standards shall be applied with judgment and flexibility, taking into consideration the characteristics of the medium, its home and family audience, and the form and content of particular presentation. 14. The advertising of firearms/ammunition is acceptable provided it promotes the product only as sporting gear and conforms to recognized standards of safety. The advertising of fireworks is unacceptable. 15. Because all products of a personal nature create special problems, acceptability of such products shall be determined with special emphasis on ethics and canons of good taste. Such advertising of personal products, if accepted, shall be presented in a restrained, tasteful and inoffensive manner. 16. Networks shall require advertisers to present the Adboard's certificate of clearance for all commercial materials prior to airing. 17. The following penalties shall be imposed on violation of the above rules: a. For the first offense, a fine of P5,000.00 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; b. For the second offense, a fine P8,000.00 and/or six (6) months suspension of individual employee/block timer/ announcer, and six (6) months suspension of privileges for the station; c. For the third offense, a fine of P15,000.00 and/or twelve (12) months suspension of individual employee/block timer/ announcer, and twelve months suspension of privileges for the station; and d. For the fourth offense, cancellation or revocation of accreditation of individual employee/block timer/announcer, and recommendation for expulsion from KBP membership and recommendation to the National Telecommunications Commission (NTC) for the cancellation of the permit to operate the station.
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ADVERTISING STANDARDS F. USE OF CRAWLS/SUPERIMPOSITION 1. Advertising messages via electronic or manual means, either static or crawl, shall only be allowed in the following: a. all programs brought in from outside the Philippines via satellite; and b. live sporting events. 2. A regular commercial using the character generator which contains a crawling advertising message shall not be allowed. 3. The following penalties shall be imposed for violation of the above rules: a. For the first offense, a fine of P3,000.00 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; b. For the second offense, a fine of P5,000.00 and/or three (3) months suspension of individual employee/block timer/ announcer, and three (3) months suspension of privileges for the station; c. For the third offense, a fine of P10,000.00 and/or six (6) months suspension of individual employee/block timer/ announcer, and six (6) months suspension of privileges for the station; and d. For the fourth offense, cancellation or revocation of accreditation of individual employee/block timer/announcer, and recommendation for expulsion from KBP membership and recommendation to the National Telecommunications Commission (NTC) for the cancellation of the permit to operate the station. ADVERTISING STANDARDS G. STATION LOGS 1. Networks shall maintain a standard operations log that shall faithfully reflect and record all on-air activities such as program and commercial placements, which shall be the sole basis of certificates of performance (CP's) and billing invoices, unless otherwise impugned by superior evidence. 504
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ADVERTISING STANDARDS H. TELECAST ORDERS 1. Networks/stations shall honor for implementation, all telecast orders/broadcast orders, agency memos, media memos, purchase orders, job orders, temporary telecast orders and letters of authority issued by advertising agencies, provided they are in order and acceptable. Likewise, the advertising agency shall equally accept full responsibility for such placements.
2. Networks shall submit the contracts duly signed by their authorized representatives to the advertising agencies within a reasonable period of time. 3. Suspension/cancellation of a telecast/broadcast order shall require the standard 15-day written notice by the agency or by the advertiser. ADVERTISING STANDARDS I. FRAUDULENT BILLING 1. A network shall not intentionally issue or cause to be issued to any advertiser, advertising agency or sponsor, any billing invoice, affidavit or document which contains false information or which misrepresents the nature, content, schedule or advertising of sponsored material. The accuracy and veracity of said documents shall be the responsibility of the network/station. 2. The following penalties shall be imposed for violations of the above rules: a. For the first offense, a fine of P7,000.00 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; b. For the second offense, a fine of P10,000.00 and/or twelve (12) months suspension of individual employee/block timer/ announcer, and twelve (12) months suspension of privileges for the station; c. For the third offense, a fine of P20,000.00 and/or twenty four (24) months suspension of individual employee/block timer/ announcer, and twenty four (24) months suspension of privileges for the station; and
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d. For the fourth offense, cancellation or revocation of accreditation of individual employee/block timer/announcer, and recommendation for expulsion from KBP membership and recommendation to the National Telecommunications Commission (NTC) for the cancellation of the permit to operate the station. ADVERTISING STANDARDS J. PAYMENTS 1. Billing invoices of a station shall be paid in full within the prescribed period of sixty (60) days. 2. A client/advertiser and/or advertising agency or conduit with any unpaid billing or unsettled accounts within five (5) days from and after receipt by the client/advertiser of a written demand made by the KBP shall be subject to a SUSPENSION by the KBP-SA prohibiting its member stations from airing any and all accounts of a client/advertiser. A two percent (2%) per month penalty surcharge shall be imposed on suspended overdue accounts by the KBP-SA. The computation of the penalty shall retroact on the 61st day from receipt of billing invoices and payable to the KBP. ADVERTISING STANDARDS K. AIRING OF BANNED ACCOUNT Any station which airs the commercial or promotional material of a suspended account shall be penalized in the amount equivalent to 100% of the total portion of the performed business of the broadcast contract at the time of the discovery of the violation plus a fine of 25% of the performed business.
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ADVERTISING STANDARDS L. NON-REGULAR ADVERTISEMENTS 1. DEFINITION A non-regular advertisement commonly known as a "casual plug is any mention or display of an identifiable product or service in the course of a program or in the credits other than through traditional advertisements or commercials. It is commonly used as a series of back-to-back announcements of different products, services and business establishments. 2. MODE OF AIRING Non-regular advertisements shall be properly produced and shall be presented in the form of slides, videotapes, posters or prototypes but limited to the allowable maximum length of not more than 10 seconds. 3. Number of products that may be advertised through non-regular advertisements within the body of the programs. 3.1 The number of non-regular advertisements shall be limited to a maximum of 15 products or services per hour. 3.2 The maximum length of a non-regular advertisement shall be limited to a maximum of 10 seconds per product or service. 3.3 The preferred mode of airing is a disclaimer within the credits: "The following donated goods/services for promotional considerations." 4. ADVERTISING BY PERFORMERS 4.1Commercials under the guise of news utilizing news personalities shall not be allowed. 4.2 The casual mention of a product or service such as hairdressers clothes make-up, shoes, etc. Shall not be allowed in the program. However, such products and services may appear in the closing billboards, as in 3.3 above. 4.3 Performers wearing T-shirts or displaying other paraphernalia which promote a product or service shall be allowed only in the portions of the program sponsored by the advertiser.
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4.4 Product giveaways shall not be prominently displayed and/or given on the air except during portions sponsored by the product concerned. ADVERTISING STANDARDS M. MEDICAL PRODUCTS Commercials for services of over-the-counter products involving health consideration are of intimate and far-reaching importance to the customer. The following principles shall apply to such advertising: 1. Physicians, dentists or nurses or actors representing physicians, dentists or nurses, shall not be employed in commercials directly or by implication. These restrictions also apply to persons professionally engaged in medical services. 2. Visual representations of laboratory settings may be employed, provided they bear a direct relationship to bonafide research which has been conducted for the product or services. In such cases, laboratory technicians shall be identified as such and shall not be employed as spokesperson or in any other way speak on behalf of the product. 3. Institutional announcements not intended to sell a specific product or service to the consumer and public service announcements by non-profit organizations may be presented by accredited physicians, dentists or nurses, subject to approval by the network. An accredited professional is one who has met government required qualifications and is duly licensed. ADVERTISING STANDARDS N. CONTESTS 1. When advertising is accepted which requests contestants to submit items of product identification or other evidence of purchase of products, reasonable facsimiles thereof shall be made acceptable unless award is based upon skill and not by chance. 2. All contest spiels pertaining to the sponsors product or service and all references to prizes or gifts offered shall be considered as non-traditional advertisements. 508
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ADVERTISING STANDARDS O. GUARANTEES, OFFERS AND PROMOTIONS 1. Full details of proposed offers shall be required by the network for evaluation and approval before the offer is made public. 2. A final date for the termination of an offer shall be announced as early as possible. 3. Before accepting cash offers, the network shall ascertain the integrity of the advertiser. 4. There shall be no misleading description or visual representations of any premiums or gifts which would distort or enlarge their value in the minds of the viewers. 5. Assurances shall be obtained from the advertiser that premiums offered are not harmful to person or property. ADVERTISING STANDARDS P. LIQUOR AND ALCOHOLIC DRINKS 1. The advertising of beer, wines and hard liquor shall be presented in the best of good taste and discretion. 2. Children or adolescents shall not be allowed to participate in the presentation of advertisements for liquor and other alcoholic drinks. 3. Liquor advertisements may not imply that drinking is normal and essential to social success or acceptance. 4. Alcoholic advertisements shall not feature or promote excessive drinking. 5. Liquor advertisements shall not claim that drinking brings about therapeutic, sedative, tranquilizing or stimulating effects. 6. Liquor advertisements shall neither claim nor suggest that drinking enhances sexual success or physical or mental skills. 7. No advertisements for liquor or alcoholic drinks shall appear in any program directed wholly or mainly to children. 8. Liquor and alcoholic drink advertisements shall not feature children's heroes. 509
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ADVERTISING STANDARDS Q. GAMBLING AND LOTTERIES 1. Advertisements related to betting and gambling shall not be allowed except for the regular sweepstakes draw and lotto. 2. Advertisements of government-controlled and operated institutions, which legally conduct gambling activities, may be allowed provided that they are in the form of institutional or corporate advertising only. Such advertisements shall not allow the mention of the word of gambling or any form of gambling activity. 3. Advertisements related to the regular government sweepstakes draw and lotto shall be subject to the following conditions: a. Such advertisements shall not be scheduled/aired in childrens programs or programs adjacent to them. The advertisements shall be in the nature of institutional advertising only. Institutional advertisements, as used in this provision, shall be defined as advertising whose purpose is to promote the organization which conducts the betting and gambling activities, and not the activities themselves. Such advertisement shall not contain any material which directly or indirectly encourages or exhorts the public to gamble or bet. Such words as tumaya na kayo sa lotto, bumili na kayo ng ticket, or yayaman ka sa lotto or the like shall not be used. 4. The following penalties shall be imposed for violations of the above rules: a. For the first offense, a fine of 50% of the gross amount of the contract for the advertisement on the station plus three (3) months suspension of collection privileges shall be imposed upon the erring KBP member. b. For the second offense, a fine of 50% of the gross amount of the contract for the advertisement on the station plus six (6) months suspension of collection privileges shall be imposed upon the erring KBP member. c. For the third offense, a fine of 100% of the gross amount of the contract for advertisement plus one (1) year suspension of collection and other privileges shall be imposed upon the erring KBP member. d. For the fourth offense, recommendation for expulsion from KBP membership and recommendation to the National Telecommunications
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Commission (NTC) for the cancellation of the permit to operate the station. (Approved as Resolution 98-01 "Amending the Provisions of the KBP Radio and Television Codes On Gambling" approved by the General Membership in plenary session during the KBP General Membership Meeting at the New World Hotel last July 15, 1998.) ADVERTISING STANDARDS R. CIGARETTES AND TOBACCO 1. Advertisements of cigarettes and tobacco shall not depict the actual inhaling of such products. 2. Advertisements shall not exaggerate the attraction of smoking or otherwise seek to persuade people to start smoking. 3. Advertisements shall not seek to encourage smokers to smoke excessively. 4. Advertisements shall not exploit the youth who are especially vulnerable, whether on account of their youth or immaturity or as a result of any physical, mental or social handicap. 5. Advertisements shall not claim directly or indirectly that it is abnormal not to smoke. 6. Advertisements shall not claim directly or indirectly, any health advantage of one cigarette brand over other brands, except on evidence which has been accepted by health authorities. 7. Advertisements shall not claim, directly or indirectly, that smoking contributes significantly to the attainment of social or business success. 8. Cigarette advertisements shall not feature children's heroes. 9. No advertisements for cigarette shall appear in any children's programs. Advertisements shall carry the government rider that smoking is hazardous to ones' health.
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ADVERTISING STANDARDS S. BLOCKTIMERS It shall be the responsibility of each network to monitor block timers marketing practices and to implement the agreed on-the-air policies of the association. HABITUAL VIOLATOR 1. Definition For the purpose of this provision, the term "Habitual Violator" is a KBP member whose station, block timer, independent producer or employee covered by the Radio and Television Codes, has been found, within a period of two (2) years or less, by final and executory judgment, to have committed a combined aggregate total of five (5) violations of the Radio and/or Television Codes. 2. Procedure for Adverse Citation The names and violations of habitual violators of the Radio and TV Codes shall be fully disseminated to all KBP members. Local Chapters and stations through a general circular issued by the KBP Standards Authority immediately after the fifth judgment, rendered as above provided, have become final and executory. The same shall be published in the "Ang Brodkaster", the regular newsletter of KBP. 3. Sanctions Without prejudice to other sanctions herein provided for specific offenses of the Radio and Television Code, the following sanctions shall also be imposed upon those cited as habitual violators: a. No KBP member cited as habitual violator shall qualify as a nominee for any award in the Golden Dove Awards in the year the adverse citation was made. b. If a KBP member has been cited as a habitual violator the second time, its collection privileges will be suspended for six (6) months. Subsequent citation as a habitual violator shall warrant suspension or expulsion proceedings initiated motu propio by the Board of Directors in accordance with the KBP Articles and By-Laws. 512
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Affiliate networks, stations or organizations will be treated independently of their mother network for the above purposes. (Approved as TLMC Resolution No. 97-002 "Providing for Publication of Habitual Violators of the Radio and TV Code" during the Top Level Management Conference held last Nov. 27, 1997 at the Baguio Country Club, Baguio City.) PENAL PROVISIONS 1. Penalties to be imposed for violation of the above rules and regulations are categorized into (a) maximum, (b) medium, and (c) minimum, and shall consist of the following: A. GRAVE PENALTIES: 1. For the first offense, a fine of P7,000.00 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; 2. For the second offense, a fine of P10,000.00 and/or twelve (12) months and one (1) day suspension of individual employee/ block timer/announcer, and twelve (12) months and one (1) day suspension of privileges for the station; 3. For the third offense, a fine of P20,000.00 and/or twenty four (24) months suspension of individual employee/block timer/announcer, and twenty four (24) months suspension of privileges for the station; and For the fourth offense, cancellation or revocation of accreditation of individual employee/block timer/announcer, and recommendation for expulsion from KBP membership and recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station. B. SERIOUS PENALTIES: 1. For the first offense, a fine of P5,000.00 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; 2. For the second offense, a fine of P8,000.00 and/or six (6) months and one (1) day suspension of individual employee/block timer/announcer, and six (6) months suspension of privileges for the station; 513
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3. For the third offense a fine of P15,000.00 and/or twelve (12) month suspension of individual employee/block timer/announcer, and twelve (12) months suspension of privileges for the station; and 4. For the fourth offense, cancellation or revocation of accreditation of individual employee/block timer/announcer, and recommendation for expulsion from KBP membership and recommendation to the National Telecommunications Commission (NTC) for the cancellation of permit to operate the station. C. LIGHT PENALTIES: 1. For the first offense, a fine of P3,000.00 and/or written reprimand to individual employee/ block timer/announcer, and censure for the station; 2. For the second offense, a fine of P5,000.00 and/or three (3) months suspension of individual employee/block timer/announcer, and three (3) months suspension of privileges for the station; 3. For the third offense, a fine of P10,000.00 and/or six months (6) months suspension of individual employee/block timer/announcer, and six (6) months suspension of privileges for the station; and 4. For the fourth offense, cancellation or revocation of accreditation of individual employee/ block timer/announcer, and recommendation for expulsion from KBP membership and recommendation to the National Telecommunications Commission (NTC) for the cancellation of the permit to operate the station. 2. The penalties to be imposed for violation of the above rules and regulations, shall be in accordance with the following: A.GRAVE I. PROGRAM STANDARDS A. General Program Standards A.3 Sex, Obscenity and Violence A.4 Superstition and Occult F. Program for children I. Showing of Movies and Movie Trailers K. Gambling and Lotteries
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II. ADVERTISING STANDARDS B. Fraudulent Billing Q. Gambling and Lotteries B.SERIOUS II. ADVERTISING STANDARDS A. Responsibility of the Network E. General Advertising Standards C.LIGHT I. PROGRAM STANDARDS B. News and Public Affairs C. Commentaries D. Political Broadcasts, Religion and Religious Programming G. Contests, Public Participation Programs and Promotions H. Fund Raising, Use of Crawls II. ADVERTISING STANDARDS B. Use of Children in Advertising C. General Principles of Advertising F. Use of Crawls/superimpositions 3. The station shall be solidarily liable with the employee/block timer/ announcer for fines which may be imposed on the latter in accordance with the above provisions. 4. The KBP may, at its option, enforce the collection of the above fines by requiring the station concerned to air KBP-sourced advertisements, with payments therefore to be made and offset against the said collectible fines, costs for said spots shall be based on prevailing rates. CERTIFICATE OF SUBSCRIPTION TO THE BOARD OF DIRECTORS: This is to certify that I have read and understood the contents of the KBP TV Code; that I subscribe to the letter, spirit and intent of the provisions of the Code; that I bind the company I represent and its employees to abide by the provisions of the Code; and do hereby recognize and submit to the authority and jurisdiction of the KBP Board of Directors and/or the Standards Authority 515
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to enforce the same; and finally, that this commitment shall be reflected in all our broadcast activities.
_____________________ PRINTED NAME _____________________ SIGNATURE ______________________ COMPANY
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TEST 8-5 1. In KBP radio standards, each station is required to schedule a minimum of _____ of news per day (from 5:00 a.m. to 10:00 p.m.) on a Mondaythru-Saturday basis. A. B. C. D. 2. 30 min 60 min 45 min 75 min
The minimum length/s of a daily radio news can be ______ A. B. C. D. 1 minute 5 minutes 10 minutes or 15 minutes all of the above
3.
A distinct unit of a program with minimum news content of one (1) minute excluding intro, extro, headline and commercial load. A. Newsbreak B. Flash report C. Newscast D. all of the above
4.
A _______is a person from whom a piece of news originates. A. primary source B. secondary source st C. 1 person source D. 2nd person source
5.
A ______ is normally a recorded material (print or audio) from which a piece of news is extracted or attributed to, or may be a person who acts as a conduit. A. primary source B. secondary source C. 1st person source nd D. 2 person source
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6.
The cancellation or revocation of accreditation of individual employee, and recommendation for expulsion from KBP membership and, recommendation to the NTC for the cancellation of permit to operate the station, for improper placement of advertisement shall be given for: A. first offense B. third offense C. second offense D. fourth offense
7.
These are announcements requested by private individuals or groups either through the KBP or directly with the broadcast station. A. B. C. D. Public Service Announcements Private Announcements Private Service Announcements Public Announcements
8.
All stations shall actively promote the growth and development of Filipino music. Radio stations are encouraged to schedule ____ OPMs every clockhour. A. B. C. D. 1 3 3 4
9.
The principal source of revenue of the free, competitive system of commercial broadcasting is: A. Advertising B. Donation C. Fund D. All of the above
10. A commercial preceding the opening of the program is called: A. cow-catcher B. hitch-hiker C. lead commercial D. sweeper
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11. A commercial following the close of the program is called: A. cow-catcher B. hitch-hiker C. lead commercial D. sweeper 12. Commercial load for radio shall not exceed _____ for one hour program in Metro Manila. A. B. B. D. 15 min 17 min 18 min 20 min
13. A half-hour program shall have a maximum of ______ commercial minutes within Metro Manila. A. B. C. D. 15 7 min and 30 sec 3 min and 30 sec 1 min and 15 sec
14. A quarter-hour program shall not exceed ______ commercial minutes within Metro Manila. A. B. C. D. 15 7 min and 30 sec 3 min and 30 sec 1 min and 15 sec
15. A five-minute program shall have a maximum of ______ commercial minutes within Metro Manila. A. B. C. D. 15 7 min and 30 sec 3 min and 30 sec 1 min and 15 sec
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16. Commercial load for radio shall not exceed _____ for one hour program outside Metro Manila. A. B. C. D. 15 min 17 min 18 min 20 min
17. A half-hour program shall have a maximum of ______ commercial minutes outside Metro Manila. A. B. C. D. 17 8 min and 30 sec 4 min 1 min and 30 sec
18. A quarter-hour program shall not exceed ______ commercial minutes outside Metro Manila. A. B. C. D. 17 8 min and 30 sec 4 min 1 min and 30 sec
19. A five-minute program shall have a maximum of ______ commercial minutes outside Metro Manila. A. B. C. D. 17 8 min and 30 sec 4 min 1 min and 30 sec
20. Program interruption for the airing of commercial in Metro Manila shall not exceed _____breaks in every program hour. A. B. C. D. 5 7 6 8
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21. Program interruption for the airing of commercial outside Metro Manila shall not exceed ____ breaks in every program hour. A. B. C. D. 5 7 6 8
22. In international sports events, the commercial load may be increased upon the approval of the Board of Directors but in no case to exceed _______ commercial minutes per hour. A. B. C. D. 20 min 15 min 30 min 25 min
23. Commercial placements of competing products, services or firms in radio standards: A. shall not be placed within the same cluster B. can be placed in the same time cluster C. can be placed in the same time cluster given there is a different product in between D. A and B 24. The following advertisements shall not be allowed: A. Advertising which do not use superlatives, false claims and other misleading expressions B. Advertisements without violent scenes or messages which describe or condone these acts C. Advertisements which deliberately encourage wrong pronunciation and grammar D. All of the above 25. Any product and/or service that is sold or a service rendered within a province. A. Local product B. Local account C. Local merchandise D. Local goods 521
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26. The following are considered local accounts except: A. B. C. D. Bowling Alleys Painting shops Barber shops Drugstores with branches in another radio area or province
27. Within Metro Manila, Class A airtime classification in AM radio is within: A. B. C. D. 5:00 AM to 9:00 AM / 4:00 PM to 7:00 PM 9:00 AM to 4:00 PM / 7:00 PM to 9:00 PM 9:00 PM to 12 Midnight 12:00 Midnight to 5:00 AM
28. Within Metro Manila, Class B airtime classification in AM radio is within: A. B. C. D. 5:00 AM to 9:00 AM / 4:00 PM to 7:00 PM 9:00 AM to 4:00 PM / 7:00 PM to 9:00 PM 9:00 PM to 12 Midnight 12:00 Midnight to 5:00 AM
29. Within Metro Manila, Class C airtime classification in AM radio is within: A. B. C. D. 5:00 AM to 9:00 AM / 4:00 PM to 7:00 PM 9:00 AM to 4:00 PM / 7:00 PM to 9:00 PM 9:00 PM to 12 Midnight 12:00 Midnight to 5:00 AM
30. Within Metro Manila, Class D airtime classification in AM radio is within: A. B. C. D. 5:00 AM to 9:00 AM / 4:00 PM to 7:00 PM 9:00 AM to 4:00 PM / 7:00 PM to 9:00 PM 9:00 PM to 12 Midnight 12:00 Midnight to 5:00 AM
31. Within Metro Manila, Class A airtime classification in FM radio is within: A. B. C. D. 6:00 AM to 8:00 PM 5:00 AM to 6:00 AM / 8:00 PM to 9:00 9:00 PM to 12 Midnight 12 Midnight to 5:00 AM
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32. Within Metro Manila, Class B airtime classification in FM radio is within: A. B. C. D. 6:00 AM to 8:00 PM 5:00 AM to 6:00 AM / 8:00 PM to 9:00 9:00 PM to 12 Midnight 12 Midnight to 5:00 AM
33. Within Metro Manila, Class C airtime classification in FM radio is within: A. B. C. D. 6:00 AM to 8:00 PM 5:00 AM to 6:00 AM / 8:00 PM to 9:00 9:00 PM to 12 Midnight 12 Midnight to 5:00 AM
34. Within Metro Manila, Class D airtime classification in FM radio is within: A. B. C. D. 6:00 AM to 8:00 PM 5:00 AM to 6:00 AM / 8:00 PM to 9:00 9:00 PM to 12 Midnight 12 Midnight to 5:00 AM
35. Outside Metro Manila, Class A airtime classification in AM radio is within: A. 5:00 AM to 9:00 AM B. 12 Noon to 2:00 PM C. 4:00 PM to 7:00 PM D. all of the above 36. Outside Metro Manila, Class B airtime classification in AM radio is within: A. 9:00 AM to 12 Noon B. 7:00 PM to 9:00 PM C. 2:00 PM to 4:00 PM D. all of the above 37. In Metro Manila, AM radio prime time is the time A. B. C. D. 5:00 AM TO 9:00 AM / 4:00 PM TO 8:00 PM 6:00 AM TO 8:00 PM 4:00 PM TO 7:00 PM 6:00 AM TO 8:00 PM
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38. In Metro Manila, FM radio prime time is the time A. B. C. D. 5:00 AM TO 9:00 AM / 4:00 PM TO 8:00 PM 6:00 AM TO 8:00 PM 4:00 PM TO 7:00 PM 6:00 AM TO 8:00 PM
39. For provincial stations, AM radio prime time is the time A. B. C. D. 5:00 AM TO 9:00 AM 4:00 PM TO 7:00 PM 12 Noon to 2:00 PM all of the above
40. For provincial stations, AM radio prime time is the time A. B. C. D. 5:00 AM TO 9:00 AM / 4:00 PM TO 8:00 PM 6:00 AM TO 8:00 PM 4:00 PM TO 7:00 PM 6:00 AM TO 8:00 PM
41. For provincial stations, FM radio prime time is the time A. B. C. D. 5:00 AM TO 9:00 AM / 4:00 PM TO 8:00 PM 6:00 AM TO 8:00 PM 4:00 PM TO 7:00 PM 6:00 AM TO 8:00 PM
42. It is required that during prime time only ______hours of the airtime SHALL be allowed for block time programs under station responsibility and supervision. A. B. C. D. 1 3 2 4
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43. A KBP member whose station, block timer, independent producer or employee covered by the Radio and Television Codes, has been found, within a period of two (2) years or less, by final and executory judgment, to have committed a combined aggregate total of five (5) violations of the Radio and/or Television Codes. A. B. C. D. Consistent Violator Gambler Habitual Violator All of the above
44. In TV standards, every station shall schedule at least a minimum of _____ newscast (aggregate total including advisories) per day from Monday to Friday. A. B. C. D. 30 min 60 min 45 min 75 min
45. Text crawls, either electronic or manual, shall not be used for any other purpose like: A. B. C. D. news bulletins last minute program changes advisories in the public interest advertisements
46. Commercial load for television in Metro Manila shall not exceed ____ minutes per hour in foreign or local programs, inclusive of breakspots. A. B. C. D. 15 18 17 20
47. The commercial load for provincial TV stations shall not exceed ____ minutes per program hour, whether foreign or local. A. B. C. D. 15 18 17 20 525
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48. The penalty for airing commercial materials in excess of limitations in TV standards will be: A. equivalent amount of the commercial in excess plus 20% of the total amount of the overload B. equivalent amount of the commercial only C. cost of commercials in the cluster D. 20% of the total amount of the overload only 49. The penalty for airing back-to-back of direct competing products, services or firms in the same commercial cluster in TV standards will be: A. equivalent amount of the commercial in excess plus 20% of the total amount of the overload B. equivalent amount of the commercial only C. cost of commercials in the cluster* D. 20% of the total amount of the overload only 50. Advertising messages via electronic or manual means, either static or crawl, shall only be allowed in the following exept: A. B. C. D. all programs brought in from outside the Philippines via satellite live sporting events a regular commercial none of the above
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MEMORANDUM ORDER No. 3-11-2005 SUBJECT: GUIDELINES FOR THE REGISTRATION OF VoIP SERVICE PROVIDERS AND RESELLERS
Pursuant to MC 05-08-2005 (Voice over Internet Protocol), the National Telecommunications Commission (NTC) hereby issues the following guidelines for the registration of VoIP service providers. 1. A VOIP Service Provider shall refer to a person or entity providing VoIP services to the public, directly or through resellers for compensation. Any person or entity that intends to derive or source VOIP from a duly registered VOIP provider under an agreement to resell the service directly to retail end-user customers, shall register with the Commission as a Reseller. Entities intending to register as a VoIP service provider are required to submit/pay the following documents/fees, in addition to those required to be submitted/paid for VAS registration: a. Certified true copy of the Securities and Exchange Commission (SEC) Registration or Department of Trade and Industry (DTI) Registration showing, among others, that the entity is at least sixty percent (60%) owned by Filipino citizens, and that the paid up capital is at least ten million pesos (P10,000,000.00); b. Valid facilities/network lease agreement with duly authorized facilities/network providers; c. Valid interconnection agreements with duly authorized access facilities/network providers, such as the local exchange network, cellular mobile network, trunk radio network, broadband access network, etc., where applicable under Section 4 of MC 05-08-2005; and d. List of cities and municipalities where the VoIP service will be offered; e. Filing Fee: PhP f. 180.00;
2.
Registration Fee: PhP50,000.00/year.
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3.
Persons or entities intending to register as a VoIP service reseller are required to submit/pay the following documents/fees, in addition to those required to be submitted/paid for VAS registration: a. Certified true copy of the Securities and Exchange Commission (SEC) Registration or Department of Trade and Industry (DTI) Registration showing, among others, that the entity at least sixty percent (60%) owned by Filipino citizens; b. Certified true copy of a reseller agreement with a duly registered VoIP service provider; c. Filing Fee : PhP 180.00; d. Registration Fee: PhP5,000.00/year.
4.
Certificates of Registration (COR) issued to VOIP Providers and Resellers shall be valid for a period of one (1) year, and are renewable thereafter. Each VoIP service provider shall post a performance bond in the amount of five million pesos (PhP 5,000,000.00) to guarantee the delivery of VoIP service to the public. VOIP Resellers shall likewise post a performance bond in the amount of one million pesos (PhP 1,000,000.00). The performance bond shall be from a registered insurance or surety company preferably from the Government Service Insurance System. The performance bond shall be for the duration of the validity of the certificate of registration as a VoIP service provider or reseller. These entities shall at all time be covered by a performance bond. The performance bond shall be forfeited in favor of the government in the event that these entities fail to deliver VoIP service pursuant to NTC rules and regulations.
5.
6.
Each registered VoIP service provider shall be assigned a VoIP service prefix 09xx. Only a user/customer/subscriber with an assigned VoIP subscriber number shall be allowed to originate and/or receive VoIP calls/traffic. Only Duly registered VoIP service provider shall be allowed to offer VoIP service using Toll Free service. Each registered VoIP service provider 528
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7.

offering this type of service shall be assigned a Toll Free access telephone number 1801-xxx-yyyy. Code yyyy shall be assigned to duly registered VoIP service providers. Code xxx shall be assigned to duly authorized local access network providers as follows:
Code 100 199 200 201 203 204 205 206 207 208 209 302 303 306 400 404 Local Access Network Provider PAPTELCO Members Bayan Telecommunications, Inc. Bell Telecommunications Phils, Inc. Digital Telecommunications Phils, Inc. Innove Communications, Inc. Philcom Corporation Phil. Long Distance Telephone Corp. Pilipino Telephone Corporation Telecom Technologies Philippines, Inc. Telecommunications Office (CICT) Express Telecommunications, Inc. Globe Telecom, Inc. Smart Communications, Inc. 3G Network Operators
8.
All VoIP calls/traffic, outgoing and incoming, shall pass through duly registered/authorized VoIP service providers.
These guidelines shall take effect immediately. Quezon City, Philippines, 23 November 2005.
RONALD OLIVAR SOLIS Commissioner JORGE V. SARMIENTO Deputy Commissioner JAIME M. FORTES, JR. Deputy Commissioner
MEMORANDUM CIRCULAR No. 07-08-2005
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SUBJECT: RULES AND REGULATIONS ON THE ALLOCATION AND ASSIGNMENT OF 3G RADIO FREQUENCY BANDS
Pursuant to RA No. 7925 (Public Telecommunications Policy Act), Act No. 3846, as amended (Radio Control Law), and EO No. 546 series of 1979, the following rules and regulations on the allocation and assignment of Third Generation Mobile Telecommunications system (3G) radio frequency bands are hereby promulgated. SECTION 1. ALLOCATION OF RADIO FREQUENCY BANDS FOR INTERNATIONAL MOBILE TELECOMMUNICATIONS 2000 (IMT2000) OR THIRD GENERATION (3G) MOBILE TELECOMMUNICATIONS 1.1 The following frequency bands as identified by the International Telecommunications Union (ITU) are hereby re-allocated for the use of international mobile telecommunications (IMT2000) or 3G mobile telecommunications in the Philippines and shall form part of the National Radio Frequency Allocation Table (NRFAT), namely: 825 - 845MHz* 870 - 890 MHz* 1880 - 1900MHz 1920 - 1980MHz 2110 - 2170MHz 2010 - 2025MHz The above-allocated frequency bands shall be made available for assignment to not more than five (5) qualified public telecommunications entities (PTE). These frequencies are currently assigned to existing CMTS operators
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SECTION 2.
TRANSFER OF AFFECTED USERS
2.1 The transfer of the affected duly authorized users of the herein allocated 3G radio frequency bands shall be governed by Section 603 of Memorandum Circular No. 03-03-96. SECTION 3. CRITERIA TO BE USED IN THE SELECTION OF QUALIFIED PUBLIC TELECOMMUNICATIONS ENTITIES 3.1 Only entities with authorizations to install, operate and maintain cellular mobile telecommunications system (CMTS) or 3 rd generation mobile telecommunications system (3G) shall be accepted as applicants for the assignment of herein allocated 3G radio frequency bands. 3.2 Existing duly authorized cellular mobile telephone service providers opting to upgrade their networks to 3G shall qualify as applicants for the assignment of 3G frequencies subject to the provisions of the applicable Sections hereof, more particularly, Section 3.6 and Sections 4, 5, 6, and 7. 3.3 An entity intending to operate a 3G mobile telecommunications system shall file its application for authority or certificate of public convenience and necessity (CPCN) to install, operate and maintain a 3G mobile telecommunications system to the Commission not later than thirty (30) calendar days from the effectivity of this Circular. The applicant shall possess the following minimum qualifications: a. b. Holder of a valid Congressional franchise; For new public telecommunications entities, the minimum paid -up capital stock shall be PhP100 million; For existing PTEs, debt to equity ratio shall be 70:30 with total investments in the proposed CMTS or 3G networks of at least PhP400 million already included in the calculation of the debt to equity ratio; and Must prove that it has the technical capability to install, operate and maintain the proposed CMTS or 3G networks.
c.
d.
The applications shall undergo quasi-judicial process. The process shall be completed within sixty (60) calendar days from date of the effectivity of this Circular. 531
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3.4 The documentary as well as oral evidence submitted by applicants for the assignment of the radio frequency bands for Second Generation Mobile Telecommunications System (2G) (public mobile telecommunications system or PMTS) networks shall be updated. The process of updating shall be completed not later than sixty (60) calendar days from date of effectivity of this Circular. 3.5 Entities with more than 50% of common stocks owned by the same person or group of persons shall be considered as associated applicants, at the time of application, and such entities shall be allowed to elect one of them to proceed in the filing of application before the Commission. 3.6 Applications for the assignment of 3G radio frequency bands shall be accepted not later than ninety (90) days from the effectivity of this Circular. The qualified applicants shall be determined using the following criteria: a. For existing authorized PTEs, no outstanding unpaid supervision and regulations fees (SRF), spectrum user fees (SUF), radio station license fees, permit fees and all other fees imposed by the National Telecommunications Commission (Commission) pursuant to law, rules and regulations; and Must submit a written undertaking that it shall interconnect with all 3G networks, cellular mobile telephone networks, local exchange networks and all other public networks pursuant to existing laws, rules and regulations on mandatory interconnection. Must submit a written undertaking that it shall allow the sharing of its network and facilities with other 3G players in areas where demand does not allow more than one (1) 3G network operator. Must submit written undertaking that it shall negotiate roaming agreements with other 3G networks and existing duly authorized CMTS service providers. Must submit a written undertaking that it shall abide by the terms and conditions set by the Commission in cases where its negotiations for interconnection, sharing of networks and facilities and/or roaming fail to reach agreements within ninety (90) days from date of the start of negotiations for the same.
b.
c.
d.
e.
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f.
Must submit proof of track record in the operation of mobile telecommunications systems particularly 3G networks. Must submit a 5-year roll-out plan to cover at least 80% of the provincial capital towns/cities and 80% of the chartered cities. Must submit schedule of rates for the different types of 3G services to be offered. The schedule shall be the maximum rates that can be imposed within the first sixty (60) months from start of commercial operations which shall not be later than thirty (30) months from date of award of the 3G radio frequency bands.
g. h.
3.7 Entities with applications for the assignment of the 3G radio frequency bands may form a consortium. A consortium formed must provide the details of all its members, including the details of their ownership and control structure. 3.8 Applicants for the assignment of the herein allocated 3G radio frequency bands shall be ranked based on their track record, roll-out commitments and rates to charge from consumers/subscribers/users. SECTION 4. DETERMINATION OF QUALIFIED APPLICANTS
4.1 The Commission shall, not later than one hundred fifty (150) calendar days from the effectivity of this Circular, evaluate all applications for the assignment of the 3G radio frequency bands and determine the best qualified applicants using the criteria described in Sec. 3.6 of this Circular. Within ten (10) days after the determination of the best qualified applicants, the Commission shall send notices to all applicants of the results of the evaluation. SECTION 5. PERFORMANCE BONDS
5.1 All applicants for the assignment of 3G radio frequency bands shall post performance bond equivalent to PHP300M. The performance bond shall be submitted to the Commission not later than ninety (90) days from the effectivity of this Circular.
SECTION 6. SPECTRUM USER FEES 6.1 The annual spectrum user fees (SUF) for the allocated and assigned 3G radio frequency bands shall be:
FOR PAIRED 3G RADIO FREQUENCY BANDS 533
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GEAS
a. b.
c.
d.
for the first 5MHz, the SUF shall be PhP5,000,000.00 per MHz; for each additional 1MHz or fraction thereof in excess of the first 5MHz but not exceeding 10Mhz, the SUF shall be PhP8,000,000.00 per MHz; for each additional 1MHz or fraction thereof in excess of the first 10MHz but not exceeding 15Mhz, the SUF shall be PhP10,000,000.00 per MHz; for each additional 1MHz or fraction thereof in excess of the first 15MHz, the SUF shall be PhP15,000,000.00 per MHz.
FOR UNPAIRED 3G RADIO FREQUENCY BANDS a. b. for the first 5MHz, the SUF shall be PhP3,000,000.00 per MHz; for each additional 1MHz or fraction thereof in excess of the first 5MHz but not exceeding 10MHz, the SUF shall be PhP6,000,000.00 per MHz; for each additional 1MHz or fraction thereof in excess of the first 10MHz but not exceeding 15MHz, the SUF shall be PhP8,000,000.00 per MHz; or each additional 1MHz or fraction thereof in excess of the first 15MHz, the SUF shall be PhP12,000,000.00 per MHz.
c.
d.
6.2 The SUF shall be paid not later than 31 January of each year. A penalty of 25% shall be imposed if the amount is not paid within the prescribed period. If the SUF due is not paid in full the 25% penalty shall be imposed on the balance. Additional 1% per month penalty shall be imposed on the outstanding unpaid SUF. 6.3 An additional SUF of PhP2M shall be imposed on each authorized 3G network operator for every 100,000 additional subscribers/users in excess of the first 4 million subscribers/users. The number of subscribers/users to be used in the computation of the SUF for the current year shall be based on the number of subscribers/users reported by each authorized 3G network operator at the end of the immediately preceding year or one-half (1/2) of the maximum capacity of the access codes assigned as of the immediately preceding year; whichever is higher. 6.4 Existing duly authorized cellular mobile telephone service providers opting to upgrade their networks to 3G using their existing assigned radio frequencies, and qualified pursuant to Section 3.2 hereof, shall pay annual SUF of PhP65M for the first 10MHz x 2 radio frequency band plus PhP8M for each additional 1MHz x 2 or fraction thereof of radio 534
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frequency in excess of the first 10MHz x 2. An additional SUF of PhP2M shall also be imposed for every 100,000 additional subscribers/users in excess of the first 4 million subscribers/users. The number of subscribers/users to be used in the computation of the SUF for the current year shall be based on the number of subscribers/users reported at the end of the immediately preceding year or one-half (1/2) of the maximum capacity of the access codes assigned as of the immediately preceding year; whichever is higher. The SUF shall be paid not later than 31 January of each year. A penalty of 25% shall be imposed if the amount is not paid within the prescribed period. If the SUF due is not paid in full the 25% penalty shall be imposed on the balance. Additional 1% per month penalty shall be imposed on the outstanding unpaid SUF. SECTION 7. OBLIGATIONS OF THE ASSIGNEES
7.1 The assignees shall comply with the following obligations: a. within fifteen (15) days from the award of the 3G frequencies, they shall remit to the Commission the SUF payments covering the year when the award is made, and thereafter, pay the annual spectrum user fees prescribed in Sec. 6 hereof; increase the paid capital to PhP400 million not later than thirty (30) days from date of assignment of 3G radio frequencies (for new public telecommunications entities); begin the installation and construction of the 3G network and facilities not later than 12 months from date of award; start commercial operation not later than thirty (30) months from date of award; cover at least 80% of the provincial capital cities and towns and 80% of the chartered cities within sixty (60) months from date of award; strictly comply with the schedule of rates submitted; strictly comply with the prescribed service performance standards; interconnect with all 3G networks, cellular mobile telephone networks, local exchange networks and all other public networks pursuant to existing laws, rules and regulations on mandatory interconnection;
b.
c.
d.
e.
f. g. h.
535
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GEAS
i.
share its 3G network and facilities with other 3G players in areas where demand does not allow more than one 3G network at mutually agreed prices or at prices set by the Commission; All assignees of 3G radio frequencies shall within one hundred twenty (120) days from date of assignment of the 3G radio frequencies shall jointly submit to the Commission list of areas where sharing of networks and facilities shall be implemented including the pricing for the use of the networks and facilities.
j.
negotiate roaming agreements with other 3G networks and existing duly authorized CMTS service providers; Where parties fail to enter into a mutual agreement within ninety (90) days from the start of commercial operations of the 3G operators, the Commission shall prescribe the terms and conditions for roaming. The terms and conditions for roaming prescribed by the Commission shall only be effective for a period not exceeding three (3) years.
k.
submit application for authority to install, operate and maintain local exchange lines or public calling stations in unserved and underserved areas pursuant to Sec. 12 of RA7925 not later than ninety (90) days from the assignment of the herein allocated 3G radio frequencies; and comply with all relevant laws and regulations. SANCTIONS
l.
SECTION 8.
8.1 3G network operators shall at all times be updated in the payment of the annual SUF. Failure to settle outstanding SUF after a reasonable period of time from due date thereof, shall be ground for the recall of the assigned 3G radio frequency bands. 8.2 The failure of 3G network operators to comply with any of the obligations specified in Section 7 hereof shall be a cause for the cancellation of their authority to provide 3G services, and for the recall of the assigned 3G radio frequency bands. SECTION 9. FINAL PROVISION 9.1 Any circular, order, memoranda or parts thereof inconsistent herewith are deemed repealed or amended accordingly. 536
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9.2 This Circular shall take effect fifteen (15) days after publication in a newspaper of general circulation and three (3) certified true copies are furnished the UP Law Center.
Quezon City, Philippines 23 August 2005.
RONALD OLIVAR SOLIS Commissioner
JORGE V. SARMIENTO Deputy Commissioner JAIME M. FORTES, JR. Deputy Commissioner
MEMORANDUM CIRCULAR NO. 06-08-2005
537
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SUBJECT: Access
Frequency Band Allocations for Broadband Wireless
WHEREAS, pursuant to RA7925 (Public Telecommunications Policy Act) and its Implementing Rules and Regulations, the radio spectrum allocation and assignment shall be subject to review in the interest of public service and in order to keep pace with the development in the wireless technology with the end in view of insuring a wider access to the limited radio spectrum and the use of cost effective technology; WHEREAS, the Commission is mandated to promote and sustain a healthy competitive telecommunications environment; WHEREAS, pursuant to RA 7925, the growth and development of telecommunications networks and services shall be pursued; WHEREAS, under the same Act, the Government shall allocate the spectrum to service providers to meet public demand for telecommunications services; WHEREAS, in line with the thrust of the government to promote and facilitate the growth and development of information and communications technology (ICT) throughout the country; and Recognizing, that: - ICT access, connectivity and development of ICT facilities, services and skills are becoming more important in economies around the world, improving efficiency and welfare and creating an equitable and efficient information society; - wireless access technology is one of the recognized solutions in providing ICT access in developing and remote (rural), and marginalized areas, hard and costly-to-reach areas using the traditional wirelines, and, thus, prevent the widening of the digital divide; - new advances in wireless technologies offering high-speed portable and mobile connectivity can help bridge the widening digital divide; - the World Summit of the Information Society (WSIS) Plan of Action to which the Philippines is a signatory, has set out objectives to help increase connectivity for unserved and underserved areas such as remote and sparsely populated areas.
538
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NOW, THEREFORE, in support of the governments objectives to push the countrys socio-economic agenda through information and communication technologies and achieving the goal of digital inclusion, enabling universal, sustainable, ubiquitous and affordable access to ICT by all, the National Telecommunication Commission hereby re-allocates the following bands for broadband wireless access for fixed, nomadic and mobile networks: 450 - 470 MHz.; 1900 - 1910 MHz; 1980 - 1990 MHz; 2400 - 2483 MHz; 2500 - 2700 MHz; 3400 - 3600 MHz 5150 - 5350 MHz; 5470 - 5850 MHz; 10150 - 10650 MHz; The transfer of previously authorized persons or entities operating radio stations within the above listed radio frequency bands shall be governed by Rule 603 of MC 3-3-96. REPEALING CLAUSE Any circular, memorandum, order or parts thereof inconsistent with the provision of this circular shall be deemed amended or superseded accordingly. EFFECTIVITY This circular shall take effect (15) days after publication in a newspaper of general circulation and three (3) certified true copies furnished the UP Law Center. Quezon City, Philippines, _23 AUGUST_, 2005.
RONALD OLIVAR SOLIS Commissioner JORGE V. SARMIENTO Deputy Commissioner JAIME M. FORTES, JR. Deputy Commissioner 539
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REPUBLIC OF THE PHILIPPINES DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS NATIONAL TELECOMMUNICATIONS COMMISSION BIR Road, East Triangle, Diliman, Quezon City MEMORANDUM CIRCULAR No.: 04-07-2005 SUBJECT: EXTENSION OF THE UHF TV BROADCAST BAND
Whereas, under Rule 600 of the National Telecommunications Commission (NTC) Memorandum Circular (MC) No. 8-9-95 (Implementing Rules and Regulations of Republic Act No. 7925), the radio spectrum allocation and assignment shall be subject to periodic review in the interest of public service; Whereas, pursuant to Executive Order No. 546, Series of 1979, this Commission is vested with the power to promulgate rules and regulations, as public safety and interest may require, for purposes of encouraging a larger and more effective use of communications, radio and television (TV) broadcasting facilities, and maintaining healthy competition among radio and television entities and/or operators; Whereas, the existing UHF TV broadcast grantees/operators have utilized and/or deployed their stations and/or networks in varying degrees of performance and compliance; Whereas, there is a need to review and rationalize the radio spectrum in order to keep pace with the rapid and more recent developments in broadcast technology; Whereas, after due consideration, the re-classification of the 674 - 698 MHz band to the UHF TV broadcast service is found to be consistent with the rationalization plan of this Commission; Wherefore, pursuant to the powers vested by law, and after due notice and hearing, the Commission hereby extends the UHF TV broadcast band and for this purposes hereby designates the 674 - 698 MHz band to and for the utilization of tile UHF TV broadcast service, subject to Rule 603 of NTC Memorandum Circular 3-3-96.
540
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Any circular, Order or Memorandum inconsistent herewith is deemed superseded. This Circular shall take effect Fifteen (15) days after its publication in a newspaper of general circulation and three (3) copies furnished the University of the Philippines (UP) Law Center.
Quezon City, Philippines,
(sgd.) RONALD OLIVAR SOLIS Commissioner
(sgd.) JORGE V. SARMIENTO Deputy Commissioner (sgd.) JAIME M. FORTES, JR. Deputy Commissioner
541
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MEMORANDUM CIRCULAR NO. 03-03-2005
SUBJECT: MESSAGING
RULES AND SERVICE
REGULATIONS
ON
BROADCAST
Pursuant to R.A. 7925, E.O. 546 series of 1979, and in order to address consumer complaints, welfare and protection, the following rules and regulations on broadcast messaging service are hereby promulgated: Section 1 SCOPE
1.1 All Public Telecom Entities and content providers operating within the Republic of the Philippines shall adhere to the requirement prescribed in this circular. 1.2 This circular shall cover commercial and promotional advertisements, surveys sent via Broadcast/Push messaging service. 1.3 This circular shall not cover emergency, distress, (and) public service information messages, network advisories and consumer welfare and protection related advisories. Section 2 DEFINITIONS OF TERMS
2.1 Broadcast Messaging Service allows one to send the same SMS/MMS messages to a large number of mobile phones. 2.2 Commission- refers to the National Telecommunications Commission. 2.3 Commercial advertisements advertisements for the purpose of soliciting business and to generate revenue. 2.4 Content Provider - an organization that creates and maintains databases containing information from an information provider. 2.5 Multimedia Messaging Service (MMS) allows users to send and receive messages containing images, videos, audio and text.
542
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2.6 Opt-in the subscriber has requested to be included on the specific list to receive direct marketing through SMS or MMS. 2.7 Opt-out unsubscribing from future unsolicited commercial and promotional advertisements, surveys and other Broadcast/ Push messages. 2.8 Promotional advertisements advertisements designed to increase visibility or sale of a merchandise or product. 2.9 Public Telecom Entities any person, firm, partnership or corporation, government or private, engaged in the provision of telecom services to the public for compensation. 2.10Push Messages - Information transmitted to the mobile phone, either subscribed or unsolicited messages, without a user request and are initiated by the server of the content provider. 2.11Short Messaging Service (SMS) a service for sending messages to mobile phones that use Global System for Mobile Communications in text format. 2.12 Spam Messages unsolicited and promotional advertisements and surveys. Section 3 MESSAGING unwanted commercial and
GENERAL MEASURES AND GUIDELINES ON PUSH
3.1 Commercial and promotional advertisements, surveys, and other Broadcast/Push messages shall be sent only to subscribers who have prior consent or have specifically opted-in to receive said messages. PTEs and content providers shall also provide methods for subscribers who have opted-in to opt-out at some later date. 3.2 Broadcast/Push messaging shall not be sent between 9:00 PM to 7:00 AM except on paid subscription services. 3.3 A subscribers/recipient of Broadcast/Push messages shall not be charged for the received SMS and/or MMS messages unless the subscriber/recipient opted-in. 3.4 Subscribers/recipients who do not reply to Broadcast/Push messages shall be considered to have opted out and such broadcast should be stopped or subscribers may opt-out without being charged. 543
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GEAS
3.5 All broadcast messages shall display the name of the PTE. In the case of Content Provider initiated messages, the Content Providers shall indicate their company names. 3.6 PTEs and Content Providers shall include valid addresses or numbers to which recipients can send requests to cease broadcast messages. They shall also provide command/message to opt-out. Section 4 COMPLAINTS HANDLING OF SPAM RELATED
4.1 Complainants may file or phone in their complaints with concerned PTE and PTE shall act on all complaints received in whatever form and manner within thirty (30) days from receipt of such complaints. 4.2 Complainants who are not satisfied with the action of the PTE may bring the matter to the Commission. Section 5 ADMINISTRATIVE AND PENAL SANCTIONS
5.1 Non-compliance and/or violation of any of the provision of this Circular and other laws, rules and regulations of this Commission shall subject the violator/respondent to the imposition of appropriate administrative and penal sanctions, in accordance with law. Section 6 REPEALING CLAUSE
6.1 This supersedes any and all existing Orders, Circulars, Memoranda or any part thereof inconsistent herewith.
544
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Section 7
EFFECTIVITY
7.1 This circular takes effect fifteen (15) days after publication in a newspaper of general circulation and three (3) certified copies furnished the UP Law Center. Quezon City, Philippines, ____15 March 2005________
RONALD OLIVAR SOLIS Commissioner KATHLEEN G. HECETA Deputy Commissioner JORGE V. SARMIENTO Deputy Commissioner
545
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GEAS
TEST 8-6 1. Refers to the guidelines for the registration of VoIP service providers and resellers. A. B. C. D. MC No. 3-11-2005 MC No. 07-08-2005 MC No. 06-08-2005 MC No. 03-03-2005
2. Refer to a person or entity providing VoIP services to the public, directly or through resellers for compensation. A. B. C. D. Internet Service Provider VOIP Service Provider Local Carrier Provider PTE
3. Entities intending to register as a VoIP service provider are required to pay a registration fee of: A. B. C. D. P500 000/year P5 000/year P50 000/year P5 000 000/year
4. Entities intending to register as a VoIP service provider are required to pay a filing fee of: A. P180 B. P550 C. P100 D. P1000 5. Under guidelines for the registration of VoIP service providers and resellers, Certificates of Registration (COR) issued to VOIP Providers and Resellers shall be valid for a period of _______, and are renewable thereafter. A. B. C. D. 1 5 2 10
546
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6. Under guidelines for the registration of VoIP service providers and resellers, each VoIP service provider shall post a performance bond in the amount of ______to guarantee the delivery of VoIP service to the public. A. B. C. D. P1 million P4 million P3 million P5 million
7. Under guidelines for the registration of VoIP service providers and resellers, each VoIP resellers shall post a performance bond in the amount of ______to guarantee the delivery of VoIP service to the public. A. B. C. D. P1 million P4 million P3 million P5 million
8. Each registered VoIP service provider shall be assigned a VoIP service prefix_____. A. 09xx B. 02xx C. 05xx D. 01xx 9. Under guidelines for the registration of VoIP service providers and resellers, code yyyy shall be assigned to A. B. C. D. duly registered VoIP service providers duly authorized local access network providers duly registered VoIP resellers duly authorized Internet Service Provider
10. Under guidelines for the registration of VoIP service providers and resellers, code xxx shall be assigned to _____. A. B. C. D. duly registered VoIP service providers duly authorized local access network providers duly registered VoIP resellers duly authorized Internet Service Provider
547
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GEAS
11. Under guidelines for the registration of VoIP service providers and resellers, the code for local access 3G network provider is A. B. C. D. 306 303 400 405
12. Refers to the rules and regulation on the allocation and assignment of 3G radio frequency bands. A. B. C. D. MC No. 3-11-2005 MC No. 07-08-2005 MC No. 06-08-2005 MC No. 03-03-2005
13. The standard name for 3G mobile telecommunications is A. WCDMA B. CDMA 2000 C. DECT D. IMT 2000 14. All applicants for the assignment of 3G radio frequency bands shall post performance bond equivalent to A. PHP100M B. PHP200M C. PHP500M D. PHP300M 15. The spectrum user fee FOR PAIRED 3G RADIO FREQUENCY BANDS for the first 5MHz is ____. A. B. C. D. PhP5,000,000.00 per MHz PhP15,000,000.00 per MHz PhP8,000,000.00 per MHz PhP10,000,000.00 per MHz
548
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16. The spectrum user fee FOR PAIRED 3G RADIO FREQUENCY BANDS for each additional 1MHz or fraction thereof in excess of the first 5MHz but not exceeding 10Mhz is ______. A. B. C. D. PhP5,000,000.00 per MHz PhP15,000,000.00 per MHz PhP8,000,000.00 per MHz PhP10,000,000.00 per MHz
17. The spectrum user fee FOR PAIRED 3G RADIO FREQUENCY BANDS for each additional 1MHz or fraction thereof in excess of the first 10MHz but not exceeding 15Mhz is _______. A. B. C. D. PhP5,000,000.00 per MHz PhP15,000,000.00 per MHz PhP8,000,000.00 per MHz PhP10,000,000.00 per MHz
18. The spectrum user fee FOR PAIRED 3G RADIO FREQUENCY BANDS for each additional 1MHz or fraction thereof in excess of the first 15MHz______. A. B. C. D. PhP5,000,000.00 per MHz PhP15,000,000.00 per MHz PhP8,000,000.00 per MHz PhP10,000,000.00 per MHz
19. The spectrum user fee FOR UNPAIRED 3G RADIO FREQUENCY BANDS for the first 5MHz is ____. A. B. C. D. PhP3,000,000.00 per MHz PhP8,000,000.00 per MHz PhP6,000,000.00 per MHz PhP12,000,000.00 per MHz
20. The spectrum user fee FOR UNPAIRED 3G RADIO FREQUENCY BANDS for each additional 1MHz or fraction thereof in excess of the first 5MHz but not exceeding 10Mhz is ______. A. B. C. D. PhP3,000,000.00 per MHz PhP8,000,000.00 per MHz PhP6,000,000.00 per MHz PhP12,000,000.00 per MHz 549
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GEAS
21. The spectrum user fee FOR UNPAIRED 3G RADIO FREQUENCY BANDS for each additional 1MHz or fraction thereof in excess of the first 10MHz but not exceeding 15Mhz is _______. A. B. C. D. PhP3,000,000.00 per MHz PhP8,000,000.00 per MHz PhP6,000,000.00 per MHz PhP12,000,000.00 per MHz
22. The spectrum user fee FOR UNPAIRED 3G RADIO FREQUENCY BANDS for each additional 1MHz or fraction thereof in excess of the first 15MHz______. A. B. C. D. PhP3,000,000.00 per MHz PhP8,000,000.00 per MHz PhP6,000,000.00 per MHz PhP12,000,000.00 per MHz
23. Under the rules and regulation on the allocation and assignment of 3G radio frequency bands, an additional SUF of _____ shall be imposed on each authorized 3G network operator for every 100,000 additional subscribers/users in excess of the first 4 million subscribers/users. A. 1M B. 3M C. 2M D. 4M 24. Under the rules and regulation on the allocation and assignment of 3G radio frequency bands, existing duly authorized cellular mobile telephone service providers opting to upgrade their networks to 3G using their existing assigned radio frequencies, shall pay annual SUF of ______ for the first 10MHz x 2 radio frequency band plus _____ for each additional 1MHz x 2 or fraction thereof of radio frequency in excess of the first 10MHz x 2. A. B. C. D. PhP65M ;PhP8M PhP15M ;PhP2M PhP35M ;PhP4M PhP75M ;PhP10M
550
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25. Under the rules and regulation on the allocation and assignment of 3G radio frequency bands, assignees shall begin the installation and construction of the 3G network and facilities not later than ____ from date of award; A. B. C. D. 3 months 9 months 6 months 12 months
26. Under the rules and regulation on the allocation and assignment of 3G radio frequency bands, assignees shall start commercial operation not later than _____ from date of award; A. B. C. D. 30 months 90 months 60 months 120 months
27. Under the rules and regulation on the allocation and assignment of 3G radio frequency bands, assignees shall cover at least ____ of the provincial capital cities and towns and ____ of the chartered cities within ____months from date of award; A. 100%:90%:30 B. 80%:80%:60 C. 50%:50%:50 D. 40%:40%:60 28. Refers to the frequency band allocations for broadband wireless access. A. B. C. D. MC No. 3-11-2005 MC No. 07-08-2005 MC No. 06-08-2005 MC No. 03-03-2005
29. Refers to the extension of the UHF TV broadcast band. A. B. C. D. MC No. 3-11-2005 MC No. 07-08-2005 MC No. 06-08-2005 MC No. 04-07-2005
551
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30. The range of frequencies reclassified for the extension of UHF TV broadcast band under MC 04-07-2005 is______. A. B. C. D. 54 88 MHz 174 470 MHz 674 - 698 MHz 544 594 MHz
31. Refers to the rules and regulation on broadcast messaging service. A. B. C. D. MC No. 3-11-2005 MC No. 03-03-2005 MC No. 06-08-2005 MC No. 04-07-2005
32. Allows one to send the same SMS/MMS messages to a large number of mobile phones. A. B. C. D. Spam Multimedia Messaging Service Broadcast Messaging Service Short Messaging Service
33. Allows users to send and receive messages containing images, videos, audio and text. A. Spam B. Multimedia Messaging Service C. Broadcast Messaging Service D. Short Messaging Service 34. The subscriber has requested to be included on the specific list to receive direct marketing through SMS or MMS. A. log in B. subscribe C. opt-in D. sign in
552
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35. Unsubscribing from future unsolicited commercial and promotional advertisements, surveys and other Broadcast/ Push messages. A. log out B. unsubscribe C. opt-out D. sign out 36. Advertisements designed to increase visibility or sale of a merchandise or product. A. B. C. D. promotional advertisements commercial spam push
37. Any person, firm, partnership or corporation, government or private, engaged in the provision of telecom services to the public for compensation. A. Local carrier B. ISP C. VoIP provider D. Public Telecom Entities 38. Information transmitted to the mobile phone, either subscribed or unsolicited messages, without a user request and are initiated by the server of the content provider. A. promotional advertisements B. commercial C. spam D. push 39. A service for sending messages to mobile phones that use Global System for Mobile Communications in text format. A. Spam B. Multimedia Messaging Service (MMS) C. Broadcast Messaging Service (BMS) D. Short Messaging Service (SMS)
553
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40. Unsolicited and unwanted commercial and promotional advertisements and surveys. A. promotional advertisements B. commercial C. spam D. push
554
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CHAPTER 8

LAWS AND ETHICS

GENERAL ENGINEERING & APPLIED SCIENCES

GENERAL ENGINEERING & APPLIED SCIENCES

GENERAL ENGINEERING AND APPLIED SCIENCES

Illustration: Juan obliged himself Pedro.

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GENERAL ENGINEERING & APPLIED SCIENCES

GENERAL ENGINEERING AND APPLIED SCIENCES

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GENERAL ENGINEERING AND APPLIED SCIENCES

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GENERAL ENGINEERING AND APPLIED SCIENCES

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GENERAL ENGINEERING & APPLIED SCIENCES

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GENERAL ENGINEERING & APPLIED SCIENCES

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