Electrical Engineering Profession

Practice of electrical engineering. - a person is deemed to be in the practice of electrical engineering when he renders or offers to render professional electrical engineering service in the form of:

1. Consultation, investigation, valuation and management of services requiring electrical engineering knowledge;
2. Design and preparation of plans, specifications and estimates for electric powers systems, power plans, power distribution system including power transformers, transmissions lines and network protection, switchgear, building wiring, electrical machines, equipment and others;
3. Supervision of erection, installation, testing and commissioning of power plans, substation, transmission lines, industrial plans and others;
4. Supervisions of operation and maintenance of electrical equipment in powers plants, industrial plants, watercrafts, electric locomotives and others;
5. Supervisions on the manufacture and repair of electrical equipment including switchboards, transformers, generators, motors, apparatus and others;
6. Teaching of electrical engineering professional subject; and
7. Taking charge of the sale and distribution of electrical equipment and systems requiring engineering calculations or applications of engineering data.

Electrical engineers: Electrical engineering covers a wide spectrum of civilian and military careers. Electrical engineers can generally place themselves in one of the following categories.

• building and construction services
• public works
• educational institution
• military
• design house

Electrical engineers are expected to be able to calculate mathematically every element within their particular field. Unlike many other types of engineer, electrical engineers are trained to a minimum of a "higher education" grade. That is to say that every electrical engineer is a graduate. Let me elaborate on this and take a deeper look at the areas covered above.

• building and construction services

These electrical engineers have duties ranging from assessing the maximum current demand of a new high rise block to calculating harmonics within switch mode power supplies. Typically these electrical engineers work on behalf of a contracting company or are "in house" in larger buildings.

The duties of these electrical engineers are possibly the most diverse of all. Not only do they have to design and calculate a prospective installation, they may well have to use software to design it, like autocad et cetera, work out the costings, schedule delivery dates for equipment and accommodate rapid changes in their designs as requested by the clients and other contractors.

In house electrical engineers are based in a high rise or similar building complex and are available throughout the day for consultation and emergency situations. Depending on the style and purpose of the building, the in house electrical engineer will have a number of electricians to undertake the daily tasks.

• public works

Electrical engineers within this field are typically experts in a particular field but that is by no means the only type. For example he may be a lighting specialist and work solely in the street and space lighting field. Another example is an electrical engineer that oversees public works projects, such as shopping centres, cinemas and theatres et cetera.

Although many of these electrical engineers are employed directly by the public utilities, a growing number are contractors. Public works electrical engineers frequently find themselves in a consultation role whereby they mediate between works contractors and the higher echelons of government bodies.

• educational institution

electrical engineers that work in educational institutes are by genre the allrounders that are experts in only the direct subjects relating to electrical engineering. For example an electrical engineer in the building and construction trade will readily know the difference between a high quality power transformer and a low quality one that may just be poorly constructed and yet have an identical specification. As you can see this clearly falls outside the realms of electrical engineering and pertains perhaps more to manufacturing engineering.

These electrical engineers are, however, expected to be exceptionally resourceful and be of a standard that is at the cutting edge of technology.

• military

electrical engineers within the confines of the military are an entirely different kind of engineer to the rest. They are expected to be able to deal with emergency and disaster situations at any time of the day. These electrical engineers have to be considerably resourceful in a different way to the educational electrical engineer. Frequently they find themselves in situations where acquisition resources are poor and have to overcome the challenge with their mind and knowledge.

The greatest demand for military electrical engineers is possibly the ability to construct makeshift or temporary installations without compromising safety. This is a generalisation and it should be noted that much military engineering is restricted information and not publishable on this webpage.

• design house

Design house electrical engineers cover a wide range of responsibilities. Duties can be as diverse as designing hydro-electric power generators to programming software for electrical engineering uses, such as cable sizing programs. These electrical engineers are almost all multi skilled engineers and noted for their flexibility within accompanying engineering environments.

Electrical Engineering Law

REPUBLIC ACT NO. 7920 February 24, 1995 AN ACT PROVIDING FOR A MORE RESPONSIVE AND COMPREHENSIVE REGULATION FOR THE PRACTICE, LICENSING, AND REGISTRATION OF ELECTRICAL ENGINEERS AND ELECTRICIANS. ARTICLE I TITLE AND DEFINITION OF TERMS

Section 1. Title. - This Act shall be known as the "New Electrical Engineering Law."

Sec. 2. Definition of Terms. - As used in this Act, the following terms shall mean:

(a) "Practice of electrical engineering" a person is deemed to be in the practice of electrical engineering when he renders or offers to render professional electrical engineering service in the form of:

(1) Consultation, investigation, valuation and management of services requiring electrical engineering knowledge;

(2) Design and preparation of plans, specifications and estimates for electric power systems, power plants, power distribution systems including power transformers, transmission lines and network protection, switchgear, building wiring electrical machines, equipment and others;

(3) Supervision of erection, installation, testing and commissioning of power plants, substations, transmission lines, industrial plants and others;

(4) Supervision of operation and maintenance of electrical equipment in power plants, industrial plants, watercrafts, electric locomotives and others;

(5) Supervision of the manufacture and repair of electrical equipment including switchboards, transformers, generators, motors, apparatus and others;

(6) Teaching of electrical engineering professional subjects; and

(7) Taking charge of the sale and distribution of electrical equipment and systems requiring engineering calculations or applications of engineering data.

(b) "Electric supply equipment" is any equipment which produces, modifies, regulates, or controls the supply of electric energy.

(c) "Electric plant" is an establishment or a system for the production and modification of electric energy.

(d) "Power plant design" refers to planning, specifying, coordinating layouting of electrical equipment in power plants, substations and the like.

(e) "Substation" is any building, room or separate place which houses or encloses electric supply equipment connected to transmission or distribution lines and the interior of which is accessible, as a rule, only to properly qualified persons.

(f) "Electrical system design" refers to the choice of electrical systems, including planning and detailing of requirements for protection, control, monitoring, coordination and interlocking of electrical systems among others.

(g) "Voltage" is the highest effective potential difference between any two conductors of the circuit concerned expressed in volts.

(h) "Kva" refers to the installed capacity of an alternating current (A.C.) electric plant or supply equipment, or the connected load of industrial plants, commercial establishments, institutional buildings expressed in kilovolt-amperes.

(i) "Kw" refers to the installed capacity of a direct current (D.C) electric plant on board watercraft expressed in kilowatts.

(j) "Utilization equipment" refers to energy-consuming equipment including motors, heaters, furnaces, light sources and other devices which utilize electric energy, for any purpose.

(k) "Industrial plant or factory" refers to manufacturing assembly plants, including engineering shops, shipyards or other business endeavors where electrical machinery and equipment are installed.

(l) "Commercial establishments" are department stores, supermarkets, shopping malls, office buildings, hotels, theaters, stadiums, condominiums, convention centers, restaurant and the like, used for business or profit.

(m) "Institutional buildings" are school buildings, hospitals, museums, display centers, government buildings and the like.

(n) "Watercraft" is any waterborne unit which is designed and built to have an electric plant.

(o) "Electric locomotive" refers to the power plant mounted on wheels as used in the railroad transportation industry.

ARTICLE II BOARD OF ELECTRICAL ENGINEERING
Sec. 3. Composition of the Board. - The Board of Electrical Engineering, hereinafter referred to as the Board, shall be created as a collegial body under the general supervision and administrative control of the Professional Regulations Commission, hereinafter called as the Commission, composed of a chairman and two (2) members to be appointed by the President of the Philippines from among the recommendees of the Commissioner of the Professional Regulations Commission, hereinafter referred to as the Commissioner, who were chosen from the nominees of the integrated and accredited association of electrical engineers and of other registered associations of electrical engineers and allied fields.

Sec. 4. Powers and Duties of the Board. - The Board shall exercise executive/administrative or quasi-legislative (rule-making) or quasi-judicial (investigative) powers in carrying out the provisions of this Act. It shall be vested with the following specific powers, functions, duties and responsibilities:

(a) Supervise and regulate the practice of electrical engineering in the Philippines;

(b) Determine and evaluate the qualifications of the applicants for registration with or without licensure examinations and for special permits;

(c) Prepare the examination questions in accordance with Section 19 hereof or modifications thereof; prescribe the syllabi of the subjects and their relative weights for the licensure examinations; formulate or adopt test questions and deposit them in a test question bank; draw the test questions at random through process of computerization; conduct the examination; correct and rate the examination papers manually or through process of computerization; and submit the examination results to the Professional Regulations Commission (PRC) within the period provided for by the rules of the Commission;

(d) Prescribe, amend or revise the requirements for professional electrical engineers and subjects in the licensure examination for registered electrical engineers and registered master electricians and their relative weights, subject to the approval of the Commission;

(e) Register successful applicants for professional electrical engineers and applicants who have passed the licensure examinations for registered electrical engineers or registered master electricians and issue the corresponding certificates of registration and professional licenses;

(f) Issue special permits to individual foreign electrical engineers and electricians for specific projects and for a specific duration of time;

(g) Look into the conditions affecting the practice of the electrical engineering profession, adopt measures for the enhancement of the profession and the maintenance of high professional, technical, and ethical standards and conduct ocular inspection of places where registrants practice their profession, such as, but not limited to: electric plants, substations, industrial plants or factories, commercial establishments, institutional buildings, watercrafts, electric locomotives, engineering offices, repair shops and similar places to determine and enforce compliance with this Act. The Board shall authorize the duly integrated and accredited electrical engineering association and other registered electrical engineering associations to render assistance in this function;

(h) Promulgate rules and regulations including a code of ethics, administrative policies, orders and issuances to carry out the provisions of this Act;

(i) Investigate violations of the Act and the rules and regulations, code of ethics, administrative policies, orders and issuances promulgated by the Board. The rules on administrative investigation promulgated by the Commission shall govern in such investigation;

(j) Issue subpoena or subpoena duces tecum, to secure the attendance of respondents or witnesses or the production of documents at and relative to the investigation conducted by the Board;

(k) Delegate the investigation of the case to the chairman, a member of the Board or a Professional Regulations Commission attorney (PRC attorney). If the case concerns strictly the practice of the profession, the investigation shall be presided by the chairman or a member of the Board with the assistance of a PRC attorney;

(l) Render decision, order or resolution on preliminary investigation or inquiry, on undocketed cases and on docketed administrative cases against examinees or registrants which shall become final and executory unless appealed with the Commission within fifteen (15) days from receipt of the copy thereof. The decision of the Commission may be appealed to the Court of Appeals in accordance with the procedure provided in the Rules of Court;

(m) After due notice and hearing, cancel examination papers and/or bar any examinee from future examination; refuse or defer his registration; reprimand the registrant with stern warning; suspend him from the practice of his profession; revoke his certificate of registration; delist his name from the roll of professional electrical engineers, registered electrical engineers, and registered master electricians for continuous non-payment of annual registration fees and non-compliance with the Continuing Professional Education (CPE) requirements; reinstate or reenroll his name in the said roll, reissue or return his certificate of registration. A decision of suspension, revocation of the certificate of registration, or delisting from the roll by the Board as provided herein, may be appealed initially to the Commission within fifteen (15) days from receipt thereof. The decision of the Commission may be appealed to the Court of Appeals in accordance with the procedure provided in the Rules of Court.

(n) Administer oaths in connection with the administration, implementation, or enforcement of this Act;

(o) Submit an annual report on the proceedings and accomplishments during the year and on recommendations of the Board to the Commission after the close of each fiscal year;

(p) Prosecute or institute criminal action against any violator of the Act and/or the rules and regulations of the Board;

(q) Adopt an official seal;

(r) coordinate with the Commission and the Department of Education, Culture and Sports (DECS) in prescribing, amending and/or revising the courses;

(s) Prescribe guidelines and criteria on the CPE program for professional electrical engineers, registered electrical engineers and registered master electricians and renew their professional licenses after compliance with the CPE requirements;

(t) Perform such other functions and duties as may be necessary to implement effectively this Act. The policies, resolutions, rules and regulations, orders or decisions issued or promulgated by the Board shall be subject to the review and approval by the commission; however, the Board's decisions, resolution or orders which are not interlocutory, rendered in an administrative case, shall be subject to review only if on appeal.

Sec. 5. Qualifications of Board Members. - Each Board member must, at the time of his appointment:

(a) Be a natural born Filipino citizen and a resident of the Philippines for at least five (5) consecutive years;

(b) Be at least thirty-five (35) years of age, of proven integrity with high moral values in his personal as well as his professional conduct;

(c) Be a person with no final conviction by the court of an offense involving moral turpitude;

(d) Be a holder of the degree of Bachelor of Science in Electrical Engineering (BSEE) from a university, school, college, academy or institute duly constituted, recognized and accredited by the Philippine government;

(e) Be a professional electrical engineer with a valid certificate of registration and a valid professional license duly qualified to practice electrical engineering in the Philippines;

(f) Have practiced electrical engineering for a period of not less than ten (10) years prior to his appointment, with a sworn statement as such; and

(g) Not be an official nor a member of the faculty of, nor have a pecuniary interest in, any university, college, school or institution conferring a bachelor's degree in electrical engineering for at least three (3) years prior to his appointment, and is not connected with a review center or with any group or association where review classes or lectures in preparation for the licensure examinations are offered or conducted at the time of his appointment.

Sec. 6. Term of Office. - The members of the Board shall hold office for a term of three (3) years from the date of appointment or until their successors shall have been appointed and qualified. They may, however, be reappointed for a second term. Each member shall qualify by taking an oath of office before entering upon the performance of his duties.

Vacancies in the Board shall be filled by the President from the list of recommendees by the Commissioner who were chosen from the list of nominees submitted by the integrated and accredited association for the unexpired term only.

Sec. 7. Removal of Board Members. - Any member of the Board may be removed by the President of the Philippines, upon the recommendation of the Commissioner for neglect of duty, incompetence, malpractice, commission or tolerance of irregularities in the examinations, or for unprofessional, unethical, or dishonorable conduct, after having been given the opportunity to defend himself in a proper administrative investigation.

Sec. 8. Compensation of Chairman and the Board Members. - The chairman and members of the Board shall receive a monthly compensation of no less than twelve thousand pesos (P12,000.00): Provided, That the chairman shall receive a monthly compensation of ten percent (10%) more: Provided, further, That such compensation shall be increased or modified pursuant to the General Appropriations Act of the year: Provided, furthermore, That they shall receive other benefits that may be provided for by law.

Sec. 9. Executive Officer of the Board. - The Commissioner shall be the executive officer of the Board and shall conduct the examination given by the Board and shall designate any subordinate officer of the Commission to act as secretary and custodian of all records including all examination papers and minutes of the deliberations of the Board.

ARTICLE III EXAMINATION AND REGISTRATION
Sec. 10. Examination Required. - All applicants for registration for the practice of electrical engineering in the Philippines shall be required to pass a technical examination as hereafter provided except as otherwise specifically allowed under this Act.

Sec. 11. Registration and License Required. - A valid certificate of registration and a valid professional license from the Commission are required before any person is allowed to practice electrical engineering in the Philippines except as otherwise allowed under this Act.

Sec. 12. Examination Fees. - All applicants for oral examinations for professional electrical engineer and written examinations for registered electrical engineer and registered master electrician shall be subject to payment of fees prescribed by the Commission: Provided, That ninety percent (90%) of the fees is to be treated as a special fund for the programs, projects and activities of the Commission and the remaining ten percent (10%) shall be set aside as a trust fund for the establishment and maintenance of the center for continuing education and research.

Sec. 13. Registration Fees, License Fees and Fines. - All applicants for registration and license to practice as professional electrical engineer, and registered master electrician, shall be subject to the payment of registration fees, license fees, and fines in case of violation of the pertinent rules and regulations for the amounts prescribed by the Board and approved by the Commission: Provided, That fifty percent (50%) from these collections are to be treated as a special fund for programs, projects and activities of the commission and the other fifty percent (50%) shall be set up in a separate special fund for the supervisory and regulatory functions of the Board.

Sec. 14. Exemption from Examination and Registration. - (a) Examination and registration shall not be required of foreign electrical engineers, erection/commissioning/guarantee engineers employed as technical consultants by the Philippine government or by private firms, for which the pertinent professional society certifies that no qualified Filipino professional is available, or of foreign electrical installers for the erection and installation of a special project or for any other specialized work, subject to the following conditions:

(i) That the abovementioned foreign professionals are legally qualified to practice their profession in their own country in which the requirements and qualifications for obtaining a license or certificate of registration are not lower than those specified in this Act;

(ii) That the scope of work to be performed by said foreign professionals shall be limited only to the particular work for which they were contracted;

(iii) That prior to commencing work, the foreign professional shall secure a special permit from the Commission;

(iv) That said foreign professional shall not engage in private practice on their own account;

(v) That for every foreign professional contracted pursuant to this section, one Filipino understudy who is registered under the provisions of this Act shall be employed by the private firm utilizing the services of such foreign professional for at least the duration of the alien expert's tenure with said firm; and

(vi) That the exemption herein granted shall be good only for six(6) months, renewable for another six (6) months at the discretion of the Board: Provided, That in case the foreign professional ceases to be employed in accordance with this section and engages in an occupation requiring registration as electrical engineer such professional must be registered under the provisions of this Act.

(b) No registration with the Board shall be required of the following:

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

(ii) Persons in charge of or supervising the operation, tending and maintenance of an electric generating set for private use employing voltages not exceeding two hundred fifty volts (250 V) and capacity not exceeding fifty kilovolt amperes (50 kva): Provided, that the owner or operator shall be required to have the electric generating set periodically inspected at intervals of not more than one (1) year by a professional electrical engineer, a registered electrical engineer on a national, city, provincial or municipal government authority exercising legal jurisdiction over electrical installations.

Sec. 15. Holding of Examinations. - Examinations for the practice of electrical engineering in the Philippines should be given twice a year in the City of Manila and other places on dates that the Board may recommend for determination of scheduling. The Board shall schedule interview/oral examination of every applicant for registration as professional electrical engineer only at the office of the Commission.

To qualified applicants for examination, notice of admission shall be issued not later than ten (10) days prior to the first day of examination.

Sec. 16. Qualifications of Applicant for Registration as Professional Electrical Engineer. - Any person applying for registration as professional electrical engineer shall establish to the satisfaction of the Board that on or before the date of registration, he possesses the following qualifications:

(a) He is a citizen of the Philippines;

(b) He is of good reputation with high moral values;

(c) He has not been finally convicted by the court of an offense involving moral turpitude;

(d) He is a holder of the degree of Bachelor of Science in Electric Engineering (BSEE) from a university, school, college, academy or institute duly constituted, recognized and accredited by the Philippine government; and

(e) He is a registered electrical engineer with valid certificate of registration and professional license and with four (4) years or more of active practice reckoned from the date of his registration as a registered electrical engineer.

Sec. 17. Qualifications of Applicants for Registered Electrical Engineer Examination. - Any person applying for admission to the registered electrical engineering examination, as herein provided, shall establish to the satisfaction of the Board that, on or before the date of the examination, he possesses the following qualifications:

(a) He is a citizen of the Philippines;

(b) He is at least twenty-one (21) years of age;

(c) He is of good reputation with high moral values;

(d) He has not been finally convicted by the court of an offense involving moral turpitude; and

(e) He is a holder of the degree of Bachelor of Science in Electrical Engineering (BSEE) from a university, school, college, academy or institute duly constituted, recognized and accredited by the Philippine government.

Sec. 18. Qualifications of Applicants for Registered Master Electrician Examination. - Any person applying for admission to the registered master electrician examinations, as herein provided, shall establish to the satisfaction of the Board that, on or before the date of the examination, he possesses the following qualifications:

(a) He is a citizen of the Philippines;

(b) He is at least eighteen (18) years of age;

(c) He is of good reputation with high moral values;

(d) He has not been finally convicted by the court of an offense involving moral turpitude; and

(e) He has any of the following technical backgrounds:

(1) Has completed at least three (3) years of a five-year Bachelor of Science in Electrical Engineering (BSEE) program or a three-year course in electrical engineering technology from an engineering school recognized by the Philippine government and, in addition, has a subsequent specific record of one (1) year practice in electrical wiring and installation, operation and maintenance of utilization devices and equipment; or

(2) Has graduated from a two-year electrician's course of instruction from a vocational or trade school recognized by the Philippine government and, in addition, has at least two (2) years of apprenticeship after completion of the course of instruction on electrical installation, operation and maintenance of utilization devices and equipment; or

(3) Has completed a one-year electrician's course of instruction from a vocational school recognized by the Philippine government and, in addition, has at least three (3) years of apprenticeship after completion of the course of instruction on electrical installation, operation and maintenance of utilization devices and equipment; or

(4) Has completed a four-year high school education or its equivalent and, in addition, has subsequent specific record of at least five (5) years of apprenticeship in electric wiring, installation, operation and maintenance of utilization devices and equipment.

Sec. 19. Scope of Examination. - As a prerequisite for registration as professional electrical engineer, registered electrical engineer and registered master electrician, the applicant shall comply with the following requirements:

(a) Professional electrical engineer:

For the purpose of confirming the service record and clarifying the technical report submitted by the applicant for registration as a professional electrical engineer, an oral examination or interview shall be conducted on the following documents to be submitted to the Board:

(1) Certified experience record from the date applicant took oath as a registered electrical engineer indicating the inclusive dates, companies worked for, description of specific responsibilities, significant accomplishments as well as the name and position of immediate supervisors;

(2) Technical paper covering an evaluation, an analysis, a study or a critical discussion of an electrical engineering project or subject, on one or several technical aspects such as: design, construction, installation, commissioning, testing, operation, maintenance, repair, research and the like. The technical paper shall be supported by engineering principles and data. Published or unpublished scientific paper or treatise on electrical engineering theories and applications may be considered as complying with the requirement;

(3) Three (3) certifications signed by three (3) professional electrical engineers to the effect that the experience record submitted by the applicant is factual and that the technical paper submitted was actually prepared by the applicant.

The applicant must obtain passing marks on the experience record and on the technical report in order to qualify for registration as a professional electrical engineer.

(b) Registered electrical engineer:

The applicant shall pass a written examination on different subjects or group of subjects as follows:

(1) Mathematics, such as: algebra, trigonometry, analytic geometry, differential calculus, integral calculus, differential equations, complex numbers, probability and statistics, advanced engineering mathematics including matrices, power series, Fourier analysis, Laplace transforms, and others. The weight is twenty-five percent (25%).

(2) Engineering sciences and allied subjects, such as general chemistry, college physics, computer fundamentals and programming, engineering materials, engineering mechanics, fluid mechanics, strength of materials, thermodynamics, electrical engineering law, engineering economics, engineering management, contracts and specifications, code of professional ethics, Philippine Electrical Code, Parts 1 and 2 and others. The weight is thirty percent (30%).

(3) Electrical engineering professional subjects, such as: electrical circuits, electronic theory and circuits energy conversion, power transmission and distribution, instrumentation and measurement, circuit and line protection, control systems, principles of communication, electrical machines, electrical equipment, components and devices, electric systems, power plant, electronic power equipment, illumination, building wiring and others. The weight is forty-five percent (45%).

The passing general weighted average rating shall be seventy percent (70%) with no grade below fifty percent (50%) in any group of subjects listed above.

The examination questions on the foregoing subjects shall cover only basic theories and principles, and shall exclude questions based on experience and trade practices. The number of questions shall be such that the examination can be finished in three (3) consecutive eight-hour days.

(c) Registered master electrician:

The applicant shall pass a written examination on the different subjects or group of subjects as follows:

(1) Technical subjects:

- Ohm's Law: Calculations for resistance, current, voltage and power for direct current and alternating current circuits.

- Electrical machines: Description and operating principles of motors, generators and transformers.

- Control equipment: Description and function of fuses, overload relays, safety switches, magnetic switches, circuit breakers, star-delta motor starters, transformer-type motor starters, D.C. motor starters.

- Electrical components: Description of resistors, capacitors, inductors and semi-conductors.

- Maintenance and repair: Description of the procedures in the maintenance of electrical machinery.

- Test equipment: Types and uses of measuring instruments.

- Electrical engineering law provisions pertaining to registered master electrician.

- Other related subjects as may be prescribed by the Board.


(2) Philippine Electrical Code, Parts 1 and 2:

- General requirements for installation of electric wiring and equipment.

- Approved wiring methods.

- Types of wiring materials and wiring devices.

- Installation of switchboard and panel boards.

- Installation in hazardous locations.

- Wiring diagrams of different types of motor starters with motor protection.

- Drawing symbols and wiring plants.

- Other related subjects as may be prescribed by the Board.

The number of test questions shall be such that the examinations can be finished in one (1) eight-hour day.

The relative weights shall be fifty percent (50%) for technical subjects and fifty percent (50%) for Philippine Electrical Code.

The passing general average rating shall be seventy percent (70%) with no grade below fifty percent (50%) in any subject.

Sec. 20. Report of Ratings. - The Board of Electrical Engineering shall, within one hundred fifty (150) days after the date of completion of the examinations, report the ratings obtained by each candidate to the Commission.

Sec. 21. Reexamination of Failed Subjects. - An applicant shall be allowed to retake, any number of times, only the subject/s in which he has obtained a grade below fifty percent (50%). When he shall obtained an average grade of seventy percent (70%) in the subject/s repeated, he shall be considered to have passed his licensure examination.

Sec. 22. Oath. - All successful candidates in the examination shall be required to take a professional oath before the Board or any government official authorized to administer oaths prior to entering upon the practice of professional electrical engineer, registered electrical engineer, and registered master electrician.

Sec. 23. Issuance of Certificates of Registration and Professional Licenses. - The registration of professional electrical engineer, registered electrical engineer or registered master electrician commences from the date his name is entered in the roll of registrants or licensees for his profession. Every registrant who has satisfactorily met all the requirements specified in this Act, upon payment of the registration fee, shall be issued a certificate of registration as a professional electrical engineer, a registered electrical engineer or a registered master electrician that shows the full name of the registrant and with serial number, signed by the Commissioner and by the chairman and members of the Board, stamped with the official seal, as evidence that the person named therein is entitled to practice the profession with all rights and privileges appurtenant thereto. The certificate shall remain in full force and effect until withdrawn, suspended, or revoked in

A professional license signed by the commissioner and bearing the registration number and date of issuance thereof and bearing the registration number and date of issuance thereof and the month of expiry or renewability shall likewise be issued to every registrant who has paid the annual registration fees for three (3) consecutive years and has complied with the requirements of the Continuing Professional Education (CPE), unless exempted therefrom. This license will serve as evidence that the licensee can lawfully practice his profession until the expiration of its validity.

Sec. 24. Continuing Professional Education Program. - The CPE guidelines shall be prescribed and promulgated by the Board subject to the approval of the Commission, after consultation with the integrated and accredited electrical engineering associations, other associations of the electrical engineering profession, and other concerned sectors. The Board shall incorporate in the said guidelines the creation of a CPE council that shall be composed of officers coming from the Board, the Commission, the integrated and accredited electrical associations, and other concerned sectors. It shall be vested with the functions, duties and responsibilities to implement the guidelines and shall have the juridical personality that is distinct and separate from and independent of the Board, the Commission, the integrated and accredited electrical engineering association, and other associations of the electrical engineering profession.

Sec. 25. Integration of the Electrical Engineering Professions. - The electrical engineering professions shall be integrated into one national organization which shall be recognized by the Board as the one and only integrated and accredited association of professional electrical engineers, registered electrical engineers and registered master electricians. Every professional electrical engineer, registered electrical engineer and registered master electrician upon registration with the Board as such, shall ipso facto, become a member of the integrated national organization. Those who have been registered with the Board but are not members of the said organization at the time of the effectivity of this Act, shall be allowed to register as members of the said integrated organization within three (3) years after the effectivity of this Act. Membership in the integrated organization shall not be a bar to membership in the other associations of the electrical engineering profession.

The professional electrical engineer, registered electrical engineer, and registered master electrician shall receive the benefits and privileges appurtenant to this listed membership in the duty integrated and accredited electrical engineering association only upon payment of the required membership fees and dues.

Sec. 26. Seal of Professional Electrical Engineer. - All licensed professional electrical engineers may obtain a seal of a design prescribed by the Board bearing the registrant's name, the certificate number and the legend "Professional Electrical Engineer." Plans, specifications, reports and other professional documents prepared by or executed under the immediate supervision of and issued by a licensee, shall be stamped on every sheet with said seal when filed with government authorities or when submitted or used professionally: Provided, however, That it is unlawful for anyone to stamp or seal any document with said seal after the registrant's name has been delisted from the roster of professional electrical engineers or after the validity of his professional license has expired.

The registrant shall be allowed again to use his seal or stamp in the documents he prepares, signs or issues only after he is reinstated to the practice of his profession and reissued a new professional license.

Sec. 27. Indication of Registration/Professional License Number. - The professional electrical engineer, registered electrical engineer, or registered master electrician shall be required to indicate his registration/professional license number, the date registered, and the date of its expiry in the documents he signs, uses or issues in connection with the practice of his profession.

Sec. 28. Refusal to Issue Certificates. - The Board of electrical engineering shall not issue a certificate of registration to any person convicted by the court of any criminal offense involving moral turpitude or to any person guilty of immoral or dishonorable conduct or to any person of unsound mind. In the event of refusal to issue certificates for any reason, the Board shall give the applicant a written statement setting forth the reasons for such action, which statement shall be incorporated in the records of the Board.

After no less than a year from the finality of the Board's decision, the Board, out of equity and justice, may recommend to the Commission the issuance of the certificate of registration to the applicant.

Sec. 29. Revocation of Certificates of Registration and Suspension from the Practice of the Profession. - The Board shall have the power, upon proper notice and hearing, to revoke any certificate of registration of any registrant, to suspend him from the practice of his profession or to reprimand him for any cause specified in the preceding section, or for the use of, perpetration of any fraud or deceit in obtaining a certificate of registration, or for gross negligence or incompetence or for unprofessional or dishonorable conduct; for violation of this Act, the rules and regulations and other policies of the Board and the Code of Professional Ethics.

It shall be sufficient ground for the revocation of a certificate issued to a person under this Act, and his suspension from the practice of his profession for unprofessional or dishonorable conduct, if:

(a) Being a professional electrical engineer, he has signed and affixed his seal on any plan, design, technical reports, valuation, estimate, specification or other similar document or work not prepared by him or not executed under his immediate supervision;

(b) He has represented himself as having taken charge of or supervised: any electrical construction or installation; operation, tending and maintenance of any electric plant; manufacture or repair of electrical equipment, teaching of electrical engineering subjects; sale or distribution of any electric supply or utilization equipment requiring engineering calculations or application of engineering principles and data, without actually having done so.

The decision of the board shall be final and executory unless it is appealed by the respondent to the Commission within fifteen (15) days from the receipt of such decision. The Board's or Commission's decision is appealable by the respondent to the Court of Appeals in accordance with the procedure provided under the Rules of Court.

Any person, firm, association or corporation may file charges in accordance with the provisions of this section against any licensee, or the Board may, on its own initiative (motu propio) investigate and/or take cognizance of acts and practices constituting cause for suspension or revocation of the certificate of registration by proper resolution or order, such charges shall be in writing and shall be sworn to by the person making them and shall be filed with the Board.

The rules and regulations of the Commission on administrative investigation shall govern the procedure and conduct of administrative investigation before the Board.

The respondent shall have the right to a speedy and public hearing and to confront and cross-examine witnesses against him.

Sec. 30. Re-issuance of Revoked Certificates and Replacement of Lost Certificates. - Subject to the approval of the Commission, the Board may, after the expiration of one (1) year from the date of revocation of a certificate, for reasons it may deem sufficient, entertain an application for a new certificate in the same manner as application for an original one. It may exempt the applicant from the necessity of undergoing an examination.

A new certificate of registration to replace any certificate that has been lost, destroyed or mutilated may be issued, subject to the rules of the Board.

Electrical Engineering Law

ARTICLE IV SUNDRY PROVISIONS RELATIVE TO THE PRACTICE OF ELECTRICAL ENGINEERING
Sec. 31. Field of Practice. - The field of practice for professional electrical engineers, registered electrical engineers, and registered master electricians shall be as follows:

(a) A professional electrical engineer's field of practice includes the sole authority to seal electrical plans, etc., and to practice electrical engineering in its full scope as defined in this Act;

(b) A registered electrical engineer's field of practice includes charge or supervision of operation and maintenance of electrical equipment in power plants, industrial plants, watercraft, electric locomotive, and others; manufacture and repair of electrical supply and utilization equipment including switchboards, power transformers, generators, motors, apparatus, and others; teaching of electrical subjects; and sale and distribution of electrical equipment and systems requiring engineering circulations or application of engineering data; and

(c) A registered master electrician's field of practice includes the installation, wiring, operation, maintenance and repair of electrical machinery, equipment and devices, in residential, commercial, institutional, commercial and industrial buildings, in power plants, substations, watercrafts, electric locomotives, and the like: Provided, That if the installation or the machinery is rated in excess of five hundred kilovolt-amperes (500 Kva), or in excess of six hundred volts (600 V) the work shall be under the supervision of a professional electrical engineer or a registered electrical engineer.

Sec. 32. Prohibition in the Practice of Electrical Engineering. - No person shall:

(a) Practice or offer to practice electrical engineering in the Philippines without having previously obtained a certificate of registration and a professional license from the Board of Electrical Engineering except as provided for in Section 14 hereof;

(b) Use, or attempt to use as his own, certificate of registration, professional license or the seal of another;

(c) Give false or forged evidence of any kind to the Board or to any member thereof in obtaining a certificate of registration or professional license;

(d) Falsely impersonate any registrant of like or different name;

(e) Attempt to use a revoked or suspended certificate of registration or an expired professional license;

(f) Use, in connection with his name or otherwise assume, use or advertise any title or description tending to convey the impression that he is a professional electrical engineer, registered electrical engineer, or registered master electrician without holding a valid certificate or a valid license; and

(g) Sign a document involving electrical design, plan, technical specification, valuation and the like on behalf of a professional electrical engineer.

Sec. 33. Personnel Required. - Except as otherwise provided in this Act, every electric plant, industrial plant or factory, commercial establishment, institutional building, watercraft, electric locomotive or in any other installation where persons and properties are exposed to electrical hazards shall not have less than the following complement of professional electrical engineer, registered electrical engineer, and registered electrical engineer, and registered master electricians:

(a) Electric plants with total installed generating capacity of any size and employing voltages of any standard rating - one (1) professional electrical engineer or one (1) registered electrical engineer. However, for capacities up to five hundred-kilovolt amperes (500 Kva) and employing voltages of up to six hundred volts (600 V) - one (1) registered master electrician;

(b) Industrial plants or factories, commercial establishments, or institutional buildings having a connected Kva load of any size and employing voltages of any standard rating - one (1) professional electrical engineer or one (1) registered electrical engineer. However, for connected loads up to five hundred kilovolt-amperes (500 Kva) and employing voltages up to six hundred volts (600 V) - one (1) registered master electrician;

(c) Watercrafts or electric locomotives with installed generating capacity up to the maximum size and voltage available for these units - one (1) professional electrical engineer or one (1) registered electrical engineer. However, for generating capacities up to five hundred kilovolt-amperes/kilowatt (500 Kva/Kw) and employing voltages up to six hundred volts (600 V) - one (1) registered master electrician.

Provided, however, That in all the aforementioned cases, additional qualified personnel shall be employed to ensure safe operation and safeguard public welfare, life and property: Provided, further, That when the operation requires more than one shift of personnel every twenty-four (24) hours, the minimum complement of qualified personnel shall be employed in each shift.

This section, however, shall not apply to any installation which has a connected load of fifty kilovolt-amperes (50 Kva) or less and employs voltages of not more than two hundred fifty volts (250 v) and for installations which are designed to be automatic and do not require resident personnel for their safe operation: Provided, however, That their maintenance and repair shall be under the charge of a duly registered personnel: Provided, further, That a yearly inspection will be conducted and certified to be in a safe operating condition by a professional electrical engineer, a registered electrical engineer, or a registered master electrician.

Sec. 34. Preparation of Plans, Supervision of Installation, Application of the Philippine Electrical Code. - It shall be unlawful for any person not authorized under this Act to prepare plans, electrical valuations or specifications for any electrical wiring, equipment or system; and no installation thereof shall be undertaken unless the plans, designs, valuations and specifications have been prepared by or under the responsible charge of, and signed and sealed by a professional electrical engineer; and a construction permit for the execution thereof is first secured; and unless the work is done in accordance with the Philippine Electrical Code and is executed under the responsible charge or supervision of a professional electrical engineer, a registered electrical engineer, or a registered master electrician, as the case may be, and the routinary fiscal and ministerial requirements of the government agency, if any, exercising jurisdiction over the particular installation have been complied with.

Sec. 35. Practice Not Allowed for Firms and Corporations. - The practice of electrical engineering is a professional service admission to which is based on individual and personal qualifications. Hence, no firm or corporations may be registered or licensed as such for the practice of electrical engineering.

However, persons properly qualified and licensed as professional electrical engineers may, among themselves, form a partnership or association and collectively render electrical engineering service. Individual members of such partnerships or associations shall be responsible for their own respective acts.

Sec. 36. Posting of Certificates. - The owner, manager or the person in charge of an electric plant, industrial plant or factory, commercial establishment, institutional building, watercraft, or electric locomotive shall post or cause to be posted in a conspicuous place within such plant or establishment the certificate of registration of the engineers or electricians employed in such plant or establishment, in a frame protected by transparent glass or equivalent.

Sec. 37. Certificate of Specialty. - Certificates of specialty shall be issued by the Board, subject to the approval of the Commission, to professional electrical engineers who have been screened and recommended by the integrated and accredited electrical engineering association. These are for specific fields in which the applicants have specialized knowledge, training and experience and have demonstrated their competence and expertise. The Board shall, subject to the approval of the Commission, and after consultation with the said association, prescribe and issue the necessary guidelines for the issuance of these certificates.

Sec. 38. Foreign Reciprocity. - No foreign engineer shall be admitted to take a board examination, be given a certificate of registration, or be entitled to any of the rights and privileges under this Act unless the country of which he is a subject or citizen specifically permits Filipino engineers to practice within its territorial limits on the same basis as the subjects or citizens of such country.

Sec. 39. Enforcement of the Act by Officers of the Law. - It shall be the duty of all constituted officers of the law of the national government, or any provincial, city or municipal government or of any political subdivision thereof to prosecute any person violating the provisions of this Act. The Secretary of Justice or his assistant shall act as legal adviser of the Board and render such legal assistance as may be necessary in carrying out the provisions of this Act.

Sec. 40. Penalty Clause. - Any person who shall violate any of the provisions of this Act shall be guilty of misdemeanor and shall, upon conviction, be sentenced to a fine of not less than Ten thousand pesos (P10,000.00) nor more than Fifty thousand pesos (P50,000.00) or imprisonment for a period not less than six (6) months nor more than five (5) years or both at the discretion of the court.

ARTICLE V TRANSITORY PROVISIONS
Sec. 41. Terms of Office of Board Members. - Upon approval of this Act, the incumbent chairman and two (2) members of the Board shall continue to serve until their terms of office expire or until their replacements have been appointed by the President and shall have been duly qualified.

Sec. 42. New Certificates of Registration and Professional Licenses. - (a) Associate electrical engineers and assistant electrical engineers with valid certificates of registration and professional license issued under Republic Act No. 184 shall register within two (2) years from the effectivity of this Act and be issued new certificates of registration and new professional license as registered electrical engineers under this Act to replace their original ones. Their serial numbers shall be provided by the registration division of the Commission.

(b) Master electricians with valid certificates of registration and professional licenses under Republic Act No. 184 shall register within two (2) years from the effectivity of this Act and be issued new certificates of registration and new professional licenses as registered master electricians with the same serial numbers as their old ones to replace their original certificates and licenses.

ARTICLE VI FINAL PROVISIONS
Sec. 43. Repealing Clause. - Republic Act No. 184 and existing provisions of provincial, city or municipal ordinances or regulations pertaining to examinations for electrical contractors, electrical inspectors, or electricians, and all other laws, part of laws, orders, ordinances or regulations in conflict with this Act are hereby repealed or amended accordingly.

Sec. 44. Separability Clause. - If any part of this Act or the application of such provision or circumstance is declared unconstitutional, the remainder of this Act or the application of such provision to other persons or circumstances shall not be affected by such declaration.

Sec. 45. Effectivity Clause. - This Act shall take effect after thirty (30) days following its full publication in the Official Gazette or newspaper of general circulation.

The Local and International engineers Code of Ethics

Code of ethics

A code of ethics: A code of ethics often focuses on social issues. It may set out general principles about an organization's beliefs on matters such as mission, quality, privacy or the environment. It may delineate proper procedures to determine whether a violation of the code of ethics has occurred and, if so, what remedies should be imposed. The effectiveness of such codes of ethics depends on the extent to which management supports them with sanctions and rewards. Violations of a private organization's code of ethics usually can subject the violator to the organization's remedies (such as restraint of trade based on moral principles). The code of ethics links to and gives rise to a code of conduct for employees.

The Local and International engineers Code of Ethics

IIEE CODE OF ETHICS

Foreword
The Engineer shall uphold and advance the integrity, honor and dignity of the engineering profession by:
I. Using his knowledge and skill for the enhancement of human welfare;
II. Being honest and impartial, and serving with fidelity the public, his employers and his clients; and
III. Striving to increase the competence and prestige of the engineering profession.

The Fundamental Canons
We, therefore Members of the Institute of Integrated Electrical Engineers of the Philippines, (IIEE), in recognition of the never-ending involvement of our technology, in uplifting the quality of life, and in accepting a personal obligation and dedication to our profession, its members and the communities we serve, do hereby pledge and commit ourselves to the highest ethical and professional conduct and agree:

1. To accept responsibility in making sound engineering decisions consistent with the safety, health and welfare of the public, and to disclose promptly the factors that might endanger the public or the environment;
2. To avoid real or perceived conflicts of interest whenever possible, and to disclose them to affected parties when they do exist;
3. To be honest, objective, impartial and realistic in stating claims or estimates base on available facts
4. To prevent graft and corruption in all its forms
5. To improve the understanding of technology and its advancement, its appropriate application, and potential consequences;
6. To maintain and improve our technical competence and to undertake technological tasks for others only if qualified by education, training or experience, or after full disclosure of pertinent limitations
7. To seek, accept, and offer honest and constructive criticism of technical work; to acknowledge and correct errors; and to credit properly their contributions;
8. To treat fairly all persons regardless of race, gender, disability, age or national origin
9. To avoid injury to other’s life property, reputation or livelihood by false or malicious actions; and
10. To assist colleagues and co-workers in their professional development and to support them in following this Code of Ethics.

Contracts and Specification

Contracts and Specification

The anti-Pilferage Law and EPIRA law

REPUBLIC ACT No. 7832

AN ACT PENALIZING THE PILFERAGE OF ELECTRICITY AND THEFT OF ELECTRIC POWER TRANSMISSION LINES/MATERIALS, RATIONALIZING SYSTEM LOSSES BY PHASING OUT PILFERAGE LOSSES AS A COMPONENT THEREOF, AND FOR OTHER PURPOSES

Section 1. Short Title. - This Act shall be referred to as the "Anti-electricity and Electric Transmission Lines/Materials Pilferage Act of 1994."

Section 2. Illegal Use of Electricity. - It is hereby declared unlawful for any person, whether natural or juridical, public or private, to:

(a) Tap, make or cause to be made any connection with overhead lines, service drops, or other electric service wires, without previous authority or consent of the private electric utility or rural electric cooperative concerned;1awphil@alf

(b) Tap, make or cause to be made any connection to the existing electric service facilities of any duly registered consumer without the latter's or the electric utility's consent or authority;

(c) Tamper, install or use a tampered electrical meter, jumper, current reversing transformer, shorting or shunting wire, loop connection or any other device which interferes with the proper or accurate registry or metering of electric current or otherwise results in its diversion in a manner whereby electricity is stolen or wasted;

(d) Damage or destroy an electric meter, equipment, wire or conduit or allow any of them to be so damaged or destroyed as to interfere with the proper or accurate metering of electric current; and

(e) Knowingly use or receive the direct benefit of electric service obtained through any of the acts mentioned in subsections (a), (b), (c), and (d) above.1awphil@alf

Section 3. Theft of Electric Power Transmission Lines and Materials. - (a) It is hereby declared unlawful for any person to:

(1) Cut, saw, slice, separate, split, severe, smelt, or remove any electric power transmission line/material or meter from a tower, pole, or any other installation or place of installation or any other place or site where it may be rightfully or lawfully stored, deposited, kept, stocked, inventoried, situated or located, without the consent of the owner, whether or not the act is done for profit or gain;

(2) Take, carry away or remove or transfer, with or without the use of a motor vehicle or other means of conveyance, any electric power transmission line/material or meter from a tower, pole, any other installation or place of installation, or any place or site where it may be rightfully or lawfully stored, deposited, kept, stocked, inventoried, situated or located without the consent of the owner, whether or not the act is done for profit or gain;

(3) Store, possess or otherwise keep in his premises, custody or control, any electric power transmission line/material or meter without the consent of the owner, whether or not the act is done for profit or gain; and

(4) Load, carry, ship or move from one place to another, whether by land, air or sea, any electrical power transmission line/material, whether or not the act is done for profit or gain, without first securing a clearance/permit for the said purpose from its owner or the National Power Corporation (NPC) or its regional office concerned, as the case may be.

(b) For purposes of this section, "electrical power transmission line/material" refers to electric power transmission steel towers, woodpoles, cables, wires, insulators, line hardwares, electrical conductors and other related items with a minimum voltage of sixty-nine kilovolts (69 kv), such as the following:

(1) Steel transmission line towers made of galvanized steel angular members and plates or creosoted and/or lannelized woodpoles/ concrete poles and designed to carry and support the conductors;

(2) Aluminum conductor steel reinforced (ACSR) in excess of one hundred (100) MCM;

(3) Overhead ground wires made of 7 strands of galvanized steel wires, 3.08 millimeters in diameter and designed to protect the electrical conductors from lightning strikes;

(4) Insulators made of porcelain or glass shell and designed to insulate the electrical conductors from steel towers or woodpoles; and

(5) Various transmission line hardwares and materials made of aluminum alloy or malleable steel and designed to interconnect the towers, conductors, ground wires, and insulators mentioned in subparagraphs (1), (2), (3), and (4) above for the safe and reliable operation of the transmission lines.1awphil©

Section 4. Prima Facie Evidence. - (a) The presence of any of the following circumstances shall constitute prima facie evidence of illegal use of electricity, as defined in this Act, by the person benefitted thereby, and shall be the basis for: (1) the immediate disconnection by the electric utility to such person after due notice, (2) the holding of a preliminary investigation by the prosecutor and the subsequent filing in court of the pertinent information, and (3) the lifting of any temporary restraining order or injunction which may have been issued against a private electric utility or rural electric cooperative:

(i) The presence of a bored hole on the glass cover of the electric meter, or at the back or any other part of said meter;

(ii) The presence inside the electric meter of salt, sugar and other elements that could result in the inaccurate registration of the meter's internal parts to prevent its accurate registration of consumption of electricity;

(iii) The existence of any wiring connection which affects the normal operation or registration of the electric meter;

(iv) The presence of a tampered, broken, or fake seal on the meter, or mutilated, altered or tampered meter recording chart or graph, or computerized chart, graph, or log;

(v) The presence in any part of the building or its premises which is subject to the control of the consumer or on the electric meter, of a current reversing transformer, jumper, shorting and/or shunting wire, and/or loop connection or any other similar device;

(vi) The mutilation, alteration, reconnection, disconnection, bypassing or tampering of instruments, transformers, and accessories;

(vii) The destruction of, or attempt to destroy, any integral accessory of the metering device box which encases an electric meter, or its metering accessories; and

(viii) The acceptance of money and/or other valuable consideration by any officer of employee of the electric utility concerned or the making of such an offer to any such officer or employee for not reporting the presence of any of the circumstances enumerated in subparagraphs (i), (ii), (iii), (iv), (v), (vi), or (vii) hereof: Provided, however, That the discovery of any of the foregoing circumstances, in order to constitute prima facie evidence, must be personally witnessed and attested to by an officer of the law or a duly authorized representative of the Energy Regulatory Board (ERB).

(b) The possession or custody of electric power transmission line/material by any person, natural or juridical, not engaged in the transformation, transmission or distribution of electric power, or in the manufacture of such electric power transmission line/material shall be prima facie evidence that such line/material is the fruit of the offense defined in Section 3 hereof and therefore such line/material may be confiscated from the person in possession, control or custody thereof.

Section 5. Incentives. - An incentive scheme by way of a monetary reward in the minimum amount of Five thousand pesos (P5,000) shall be given to any person who shall report to the NPC or police authorities any act which may constitute a violation of Section 3 hereof. The Department of Energy (DOE), in consultation with the NPC, shall issue the necessary guidelines for the proper implementation of this incentive scheme within thirty (30) days from the effectivity of this Act.

Section 6. Disconnection of Electric Service. - The private electric utility or rural electric cooperative concerned shall have the right and authority to disconnect immediately the electric service after serving a written notice or warning to that effect, without the need of a court or administrative order, and deny restoration of the same, when the owner of the house or establishment concerned or someone acting in his behalf shall have been caught en flagrante delicto doing any of the acts enumerated in Section 4(a) hereof, or when any of the circumstances so enumerated shall have been discovered for the second time: Provided, That in the second case, a written notice or warning shall have been issued upon the first discovery: Provided, further, That the electric service shall not be immediately disconnected or shall be immediately restored upon the deposit of the amount representing the differential billing by the person denied the service, with the private electric utility or rural electric cooperative concerned or with the competent court, as the case may be: Provided, furthermore, That if the court finds that illegal use of electricity has not been committed by the same person, the amount deposited shall be credited against future billings, with legal interest thereon chargeable against the private utility or rural electric cooperative, and the utility or cooperative shall be made to immediately pay such person double the value of the payment or deposit with legal interest, which amount shall likewise be creditable against immediate future billings, without prejudice to any criminal, civil or administrative action that such person may be entitled to file under existing laws, rules and regulations: Provided, finally, That if the court finds the same person guilty of such illegal use of electricity, he shall, upon final judgment, be made to pay the electric utility or rural electric cooperative concerned double the value of the estimated electricity illegally used which is referred to in this section as differential billing.

For purposes of this Act, "differential billing" shall refer to the amount to be charged to the person concerned for the unbilled electricity illegally consumed by him as determined through the use of methodologies which utilize, among others, as basis for determining the amount of monthly electric consumption in kilowatt-hours to be billed, either: (a) the highest recorded monthly consumption within the five-year billing period preceding the time of the discovery, (b) the estimated monthly consumption as per the report of load inspection conducted during the time of discovery, (c) the higher consumption between the average consumptions before or after the highest drastic drop in consumption within the five-year billing period preceding the discovery, (d) the highest recorded monthly consumption within four (4) months after the time of discovery, or (e) the result of the ERB test during the time of discovery and, as basis for determining the period to be recovered by the differential billing either: (1) the time when the electric service of the person concerned recorded an abrupt or abnormal drop in consumption, or (2) when there was a change in his service connection such as a change of meter, change of seal or reconnection, or in the absence thereof, a maximum of sixty (60) billing months up to the time of discovery: Provided, however, That such period shall, in no case, be less than one (1) year preceding the date of discovery of the illegal use of electricity.

Section 7. Penalties. - (a) Violation of Section 2. - The penalty of prision mayor or a fine ranging from Ten thousand pesos (P10,000) to Twenty thousand pesos (P20,000) or both, at the discretion of the court, shall be imposed on any person found guilty of violating Section 2 hereof.

(b) Violation of Section 3. - The penalty of reclusion temporal or a fine ranging from Fifty thousand pesos (P50,000) to One hundred thousand pesos (P100,000) or both at the discretion of the court, shall be imposed on any person found guilty of violating Section 3 hereof.

(c) Provision common to violations of Section 2 and Section 3 hereof. - If the offense is committed by, or in connivance with, an officer or employee of the power company, private electric utility or rural electric cooperative concerned, such officer or employee shall, upon conviction, be punished with a penalty one (1) degree higher than the penalty provided herein, and forthwith be dismissed and perpetually disqualified from employment in any public or private utility or service company and from holding any public office.

If, in committing any of the acts enumerated in Section 4 hereof, any of the other acts as enumerated is also committed, then the penalty next higher in degree as provided herein shall be imposed.

If the offense is committed by, or in connivance with an officer or employee of the electric utility concerned, such officer or employee shall, upon conviction, be punished with a penalty one (1) degree higher than the penalty provided herein, and forthwith be dismissed and perpetually disqualified from employment in any public or private utility or service company. Likewise, the electric utility concerned which shall have knowingly permitted or having knowledge of its commission shall have failed to prevent the same, or was otherwise guilty of negligence in connection with the commission thereof, shall be made to pay a fine not exceeding triple the amount of the 'differential billing' subject to the discretion of the courts.

If the violation is committed by a partnership, firm, corporation, association or any other legal entity, including a government-owned or -controlled corporation, the penalty shall be imposed on the president, manager and each of the officers thereof who shall have knowingly permitted, failed to prevent or was otherwise responsible for the commission of the offense.

Section 8. Authority to Impose Violation of Contract Surcharges. - A private electric utility or rural electric cooperative may impose surcharges, in addition to the value of the electricity pilfered, on the bills of any consumer apprehended for tampering with his electric meter/metering facility installed on his premises, as well as other violations of contract like direct connection, use of jumper, and other means of illicit usage of electricity found installed in the premises of the consumer. The surcharge for the violation of contract shall be collected from and paid by the consumer concerned as follows:

(a) First apprehension. - Twenty five percent (25%) of the current bill as surcharge;

(b) Second apprehension. - Fifty percent (50%) of the current bill as surcharge; and

(c) Third and subsequent apprehensions. - One hundred percent (100%) of the current bill as surcharge.

The private electric utility or rural electric cooperative is authorized to discontinue the electric service in case the consumer is in arrears in the payment of the above imposed surcharges.

The term 'apprehension' as used herein shall be understood to mean the discovery of the presence of any of the circumstances enumerated in Section 4 hereof in the establishment or outfit of the consumer concerned.

Section 9. Restriction on the Issuance of Restraining Orders or Writs of Injunction. - No writ of injunction or restraining order shall be used by any court against any private electric utility or rural electric cooperative exercising the right and authority to disconnect electric service as provided in this Act, unless there is prima facie evidence that the disconnection was made with evident bad faith or grave abuse of authority.

If, notwithstanding the provisions of this section, a court issues an injunction or restraining order, such injunction or restraining order shall be effective only upon the filing of a bond with the court, which shall be in the form of cash or cashier's check equivalent to the "differential billing," penalties and other charges, or to the total value of the subject matter of the action: Provided, however, That such injunction or restraining order shall automatically be refused or, if granted, shall be dissolved upon filing by the public utility of a counterbond similar in form and amount as that above required: Provided, finally, That whenever such injunction is granted, the court issuing it shall, within ten (10) days from its issuance, submit a report to the Supreme Court setting forth in detail the grounds or reason for its order.

Section 10. Rationalization of System Losses by Phasing out Pilferage Losses as a Component Thereof . - There is hereby established a cap on the recoverable rate of system losses as follows:

(a) For private electric utilities:

(i) Fourteen and a half percent (14 1/2%) at the end of the first year following the effectivity of this Act;

(ii) Thirteen and one-fourth percent (13 1/4%) at the end of the second year following the effectivity of this Act;

(iii) Eleven and three-fourths (11 3/4%) at the end of the third year following the effectivity of this Act; and

(iv) Nine and a half-percent (9 1/2%) at the end of the fourth year following the effectivity of this Act.

Provided, That the ERB is hereby authorized to determine at the end of the fourth year following the effectivity of this Act, and as often as necessary taking into account the viability of private electric utilities and the interest of the consumers, whether the caps herein or theretofore established shall be reduced further which shall, in no case, be lower than nine percent (9%) and accordingly fix the date of the effectivity of the new caps: Provided, further, That in the calculation of the system loss, power sold by the NPC or any other entity that supplies power directly to a consumer and not through the distribution system of the private electric utility shall not be counted even if the billing for the said power used is through the private electric utility.

The term "power sold by NPC or any other entity that supplies power directly to a consumer" as used in the preceding paragraph shall for purposes of this section be deemed to be a sale directly to the consumer if: (1) the point of metering by the NPC or any other utility is less than one thousand (1,000) meters from the consumer, or (2) the consumer's electric consumption is three percent (3%) or more of the total load consumption of all the customers of the utility, or (3) there is no other consumer connected to the distribution line of the utility which connects to the NPC or any other utility point of metering to the consumer meter.

(b) For rural electric cooperatives:

(i) Twenty-two percent (22%) at the end of the first year following the effectivity of this Act;

(ii) Twenty percent (20%) at the end of the second year following the effectivity of this Act;

(iii) Eighteen percent (18%) at the end of the third year following the effectivity of this Act;

(iv) Sixteen percent (16%) at the end at the fourth year following the effectivity of this Act; and

(v) Fourteen percent (14%) at the end of the fifth year following the effectivity of this Act.

Provided, That the ERB is hereby authorized to determine at the end of the fifth year following the effectivity of this Act, and as often as is necessary, taking into account the viability of rural electric cooperatives and the interest of the consumers, whether the caps herein or theretofore established shall be reduced further which shall, in no case, be lower than nine percent (9%) and accordingly fix the date of the effectivity of the new caps.

Provided, finally, That in any case nothing in this Act shall impair the authority of the ERB to reduce or phase out technical or design losses as a component of system losses.

Section 11. Area of Coverage. - The caps provided in Section 10 of this Act shall apply only to the area of coverage of private electric utilities and rural electric cooperatives as of the date of the effectivity of this Act.

The permissible levels of recovery for system losses in areas of coverage that may be added on by either a private electric utility or a rural electric cooperative shall be determined by the ERB.

Section 12. Recovery of Pilferage Losses. - Any private electric utility or rural electric cooperative which recovers any amount of pilferage losses shall, within thirty (30) days from said recovery, report in writing and under oath to the ERB: (a) the fact of recovery, (b) the date thereof; (c) the name of the consumer concerned, (d) the amount recovered, (e) the amount of pilferage loss claimed, (f) the explanation for the failure to recover the whole amount claimed, and (g) such other particulars as may be required by the ERB. If there is a case pending in court for the recovery of a pilferage loss, no private electric utility or rural electric cooperative shall accept payment from the consumer unless so provided in a compromise agreement duly executed by the parties and approved by the court.

Section 13. Information Dissemination. - The private electric utilities, the rural electric cooperatives, the NPC, and the National Electrification Administration (NEA) shall, in cooperation with each other, undertake a vigorous campaign to inform their consumers of the provisions of this Act especially Sections 2, 3, 4, 5, 6, 7, and 8 hereof, within sixty (60) days from the effectivity of this Act and at least once a year thereafter, and to incorporate a faithful condensation of said provisions in the contracts with new consumers.

Section 14. Rules and Regulations. - The ERB shall, within thirty (30) working days after the conduct of due hearings which must commence within thirty (30) working days upon the effectivity of this Act, issue the rules and regulations as may be necessary to ensure the efficient and effective implementation of the provisions of this Act, to include but not limited to, the development of methodologies for computing the amount of electricity illegally used and the amount of payment or deposit contemplated in Section 7 hereof, as a result of the presence of the prima facie evidence discovered.

The ERB shall, within the same period, also issue rules and regulations on the submission of the reports required under Section 12 hereof and the procedure for the distribution to or crediting of consumers for recovered pilferage losses.

Section 15. Separability Clause. - Any portion or provision of this Act which may be declared unconstitutional or invalid shall not have the effect of nullifying other portions or provisions hereof.

Section 16. Repealing Clauses. - The provisions in Presidential Decree No. 401, as amended by Batas Pambansa Blg. 876, penalizing the unauthorized installation of electrical connections, tampering and/or knowing use of tampered electrical meters or other devices, and the theft of electricity are hereby expressly repealed. All other laws, ordinances, rules, regulations, and other issuances or parts thereof, which are inconsistent with this Act, are hereby repealed or modified accordingly.

Section 17. Effectivity Clause. - This Act shall take effect thirty (30) days after its publication in the Official Gazette or in any two (2) national newspapers of general circulation.

Approved: December 8, 1994