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EE Laws Midterms

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100% found this document useful (1 vote)
337 views19 pages

EE Laws Midterms

Uploaded by

gelai 2
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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REPUBLIC ACT NO.

7920 engineering calculations or applications of


February 24, 1995 engineering data.

AN ACT PROVIDING FOR A MORE RESPONSIVE (b) "Electric supply equipment" is any
AND COMPREHENSIVE REGULATION FOR THE equipment which produces, modifies, regulates, or
PRACTICE, LICENSING, AND REGISTRATION OF controls the supply of electric energy.
ELECTRICAL ENGINEERS AND ELECTRICIANS
(c) "Electric plant" is an establishment or a
ARTICLE I system for the production and modification of electric
TITLE AND DEFINITION OF TERMS energy.

Section 1. Title. - This Act shall be known as the "New (d) "Power plant design" refers to planning,
Electrical Engineering Law." specifying, coordinating layouting of electrical
equipment in power plants, substations and the like.
Sec. 2. Definition of Terms. - As used in this Act, the
following terms shall mean: (e) "Substation" is any building, room or separate
place which houses or encloses electric supply
(a) "Practice of electrical engineering" a equipment connected to transmission or distribution
person is deemed to be in the practice of electrical lines and the interior of which is accessible, as a rule,
engineering when he renders or offers to render only to properly qualified persons.
professional electrical engineering service in the form
of: (f) "Electrical system design" refers to the
choice of electrical systems, including planning and
(1) Consultation, investigation, valuation and detailing of requirements for protection, control,
management of services requiring electrical monitoring, coordination and interlocking of electrical
engineering knowledge; systems among others.

(2) Design and preparation of plans, specifications (g) "Voltage" is the highest effective potential
and estimates for electric power systems, power difference between any two conductors of the circuit
plants, power distribution systems including concerned expressed in volts.
power transformers, transmission lines and
network protection, switchgear, building wiring (h) "Kva" refers to the installed capacity of an
electrical machines, equipment and others; alternating current (A.C.) electric plant or supply
equipment, or the connected load of industrial plants,
(3) Supervision of erection, installation, testing and commercial establishments, institutional buildings
commissioning of power plants, substations, expressed in kilovolt-amperes.
transmission lines, industrial plants and others;
(i) "Kw" refers to the installed capacity of a direct
(4) Supervision of operation and maintenance of current (D.C) electric plant on board watercraft
electrical equipment in power plants, industrial expressed in kilowatts.
plants, watercrafts, electric locomotives and
others; (j) "Utilization equipment" refers to energy-
consuming equipment including motors, heaters,
(5) Supervision of the manufacture and repair of furnaces, light sources and other devices which utilize
electrical equipment including switchboards, electric energy, for any purpose.
transformers, generators, motors, apparatus
and others; (k) "Industrial plant or factory" refers to
manufacturing assembly plants, including engineering
(6) Teaching of electrical engineering professional shops, shipyards or other business endeavors where
subjects; and electrical machinery and equipment are installed.

(7) Taking charge of the sale and distribution of (l) "Commercial establishments" are
electrical equipment and systems requiring department stores, supermarkets, shopping malls,
office buildings, hotels, theaters, stadiums,
condominiums, convention centers, restaurant and at random through process of
the like, used for business or profit. computerization; conduct the examination;
correct and rate the examination papers
(m) "Institutional buildings" are school buildings, manually or through process of
hospitals, museums, display centers, government computerization; and submit the
buildings and the like. examination results to the Professional
Regulations Commission (PRC) within the
(n) "Watercraft" is any waterborne unit which is period provided for by the rules of the
designed and built to have an electric plant. Commission;

(o) "Electric locomotive" refers to the power (d) Prescribe, amend or revise the
plant mounted on wheels as used in the railroad requirements for professional electrical
transportation industry. engineers and subjects in the licensure
examination for registered electrical
engineers and registered master
ARTICLE II electricians and their relative weights,
BOARD OF ELECTRICAL ENGINEERING subject to the approval of the Commission;

Sec. 3. Composition of the Board. - The Board of (e) Register successful applicants for
Electrical Engineering, hereinafter referred to as the professional electrical engineers and
Board, shall be created as a collegial body under the applicants who have passed the licensure
general supervision and administrative control of the examinations for registered electrical
Professional Regulations Commission, hereinafter engineers or registered master electricians
called as the Commission, composed of a chairman and issue the corresponding certificates of
and two (2) members to be appointed by the President registration and professional licenses;
of the Philippines from among the recommendees of
the Commissioner of the Professional Regulations (f) Issue special permits to individual foreign
Commission, hereinafter referred to as the electrical engineers and electricians for
Commissioner, who were chosen from the nominees specific projects and for a specific duration
of the integrated and accredited association of of time;
electrical engineers and of other registered
associations of electrical engineers and allied fields. (g) Look into the conditions affecting the
practice of the electrical engineering
Sec. 4. Powers and Duties of the Board. - The profession, adopt measures for the
Board shall exercise executive/administrative or enhancement of the profession and the
quasi-legislative (rule-making) or quasi-judicial maintenance of high professional,
(investigative) powers in carrying out the provisions of technical, and ethical standards and
this Act. It shall be vested with the following specific conduct ocular inspection of places where
powers, functions, duties and responsibilities: registrants practice their profession, such
as, but not limited to: electric plants,
(a) Supervise and regulate the practice of substations, industrial plants or factories,
electrical engineering in the Philippines; commercial establishments, institutional
buildings, watercrafts, electric locomotives,
(b) Determine and evaluate the qualifications engineering offices, repair shops and
of the applicants for registration with or similar places to determine and enforce
without licensure examinations and for compliance with this Act. The Board shall
special permits; authorize the duly integrated and
accredited electrical engineering
(c) Prepare the examination questions in association and other registered electrical
accordance with Section 19 hereof or engineering associations to render
modifications thereof; prescribe the syllabi assistance in this function;
of the subjects and their relative weights for
the licensure examinations; formulate or (h) Promulgate rules and regulations including
adopt test questions and deposit them in a a code of ethics, administrative policies,
test question bank; draw the test questions
orders and issuances to carry out the suspension, revocation of the certificate of
provisions of this Act; registration, or delisting from the roll by the
Board as provided herein, may be
(i) Investigate violations of the Act and the appealed initially to the Commission within
rules and regulations, code of ethics, fifteen (15) days from receipt thereof. The
administrative policies, orders and decision of the Commission may be
issuances promulgated by the Board. The appealed to the Court of Appeals in
rules on administrative investigation accordance with the procedure provided in
promulgated by the Commission shall the Rules of Court.
govern in such investigation;
(n) Administer oaths in connection with the
(j) Issue subpoena or subpoena duces administration, implementation, or
tecum, to secure the attendance of enforcement of this Act;
respondents or witnesses or the
production of documents at and relative to (o) Submit an annual report on the
the investigation conducted by the Board; proceedings and accomplishments during
the year and on recommendations of the
(k) Delegate the investigation of the case to Board to the Commission after the close of
the chairman, a member of the Board or a each fiscal year;
Professional Regulations Commission
attorney (PRC attorney). If the case (p) Prosecute or institute criminal action
concerns strictly the practice of the against any violator of the Act and/or the
profession, the investigation shall be rules and regulations of the Board;
presided by the chairman or a member of
the Board with the assistance of a PRC (q) Adopt an official seal;
attorney;
(r) coordinate with the Commission and the
(l) Render decision, order or resolution on Department of Education, Culture and
preliminary investigation or inquiry, on Sports (DECS) in prescribing, amending
undocketed cases and on docketed and/or revising the courses;
administrative cases against examinees or
registrants which shall become final and (s) Prescribe guidelines and criteria on the
executory unless appealed with the CPE program for professional electrical
Commission within fifteen (15) days from engineers, registered electrical engineers
receipt of the copy thereof. The decision of and registered master electricians and
the Commission may be appealed to the renew their professional licenses after
Court of Appeals in accordance with the compliance with the CPE requirements;
procedure provided in the Rules of Court;
(t) Perform such other functions and duties as
(m)After due notice and hearing, cancel may be necessary to implement effectively
examination papers and/or bar any this Act. The policies, resolutions, rules
examinee from future examination; refuse and regulations, orders or decisions issued
or defer his registration; reprimand the or promulgated by the Board shall be
registrant with stern warning; suspend him subject to the review and approval by the
from the practice of his profession; revoke commission; however, the Board's
his certificate of registration; delist his decisions, resolution or orders which are
name from the roll of professional electrical not interlocutory, rendered in an
engineers, registered electrical engineers, administrative case, shall be subject to
and registered master electricians for review only if on appeal.
continuous non-payment of annual
registration fees and non-compliance with Sec. 5. Qualifications of Board Members. - Each
the Continuing Professional Education Board member must, at the time of his appointment:
(CPE) requirements; reinstate or reenroll (a) Be a natural born Filipino citizen and a
his name in the said roll, reissue or return resident of the Philippines for at least five (5)
his certificate of registration. A decision of consecutive years;
(b) Be at least thirty-five (35) years of age, malpractice, commission or tolerance of irregularities
of proven integrity with high moral values in his in the examinations, or for unprofessional, unethical,
personal as well as his professional conduct; or dishonorable conduct, after having been given the
opportunity to defend himself in a proper
(c) Be a person with no final conviction by administrative investigation.
the court of an offense involving moral
turpitude; Sec. 8. Compensation of Chairman and the Board
Members. - The chairman and members of the Board
(d) Be a holder of the degree of Bachelor shall receive a monthly compensation of no less than
of Science in Electrical Engineering (BSEE) twelve thousand pesos (P12,000.00): Provided, That
from a university, school, college, academy or the chairman shall receive a monthly compensation of
institute duly constituted, recognized and ten percent (10%) more: Provided, further, That such
accredited by the Philippine government; compensation shall be increased or modified pursuant
to the General Appropriations Act of the year:
(e) Be a professional electrical engineer Provided, furthermore, That they shall receive other
with a valid certificate of registration and a benefits that may be provided for by law.
valid professional license duly qualified to
practice electrical engineering in the Sec. 9. Executive Officer of the Board. - The
Philippines; Commissioner shall be the executive officer of the
Board and shall conduct the examination given by the
(f) Have practiced electrical engineering Board and shall designate any subordinate officer of
for a period of not less than ten (10) years prior the Commission to act as secretary and custodian of
to his appointment, with a sworn statement as all records including all examination papers and
such; and minutes of the deliberations of the Board.

ARTICLE III
(g) Not be an official nor a member of the
EXAMINATION AND REGISTRATION
faculty of, nor have a pecuniary interest in, any
university, college, school or institution
conferring a bachelor's degree in electrical Sec. 10. Examination Required. - All applicants for
engineering for at least three (3) years prior to registration for the practice of electrical engineering in
his appointment, and is not connected with a the Philippines shall be required to pass a technical
review center or with any group or association examination as hereafter provided except as
where review classes or lectures in otherwise specifically allowed under this Act.
preparation for the licensure examinations are
offered or conducted at the time of his Sec. 11. Registration and License Required. - A
appointment. valid certificate of registration and a valid professional
license from the Commission are required before any
Sec. 6. Term of Office. - The members of the Board person is allowed to practice electrical engineering in
shall hold office for a term of three (3) years from the the Philippines except as otherwise allowed under this
date of appointment or until their successors shall Act.
have been appointed and qualified. They may,
however, be reappointed for a second term. Each Sec. 12. Examination Fees. - All applicants for oral
member shall qualify by taking an oath of office before examinations for professional electrical engineer and
entering upon the performance of his duties. written examinations for registered electrical engineer
and registered master electrician shall be subject to
Vacancies in the Board shall be filled by the President payment of fees prescribed by the Commission:
from the list of recommendees by the Commissioner Provided, That ninety percent (90%) of the fees is to
who were chosen from the list of nominees submitted be treated as a special fund for the programs, projects
by the integrated and accredited association for the and activities of the Commission and the remaining
unexpired term only. ten percent (10%) shall be set aside as a trust fund for
the establishment and maintenance of the center for
Sec. 7. Removal of Board Members. - Any member continuing education and research.
of the Board may be removed by the President of the
Philippines, upon the recommendation of the Sec. 13. Registration Fees, License Fees and
Commissioner for neglect of duty, incompetence, Fines. - All applicants for registration and license to
practice as professional electrical engineer, and discretion of the Board: Provided, That in case
registered master electrician, shall be subject to the the foreign professional ceases to be
payment of registration fees, license fees, and fines in employed in accordance with this section and
case of violation of the pertinent rules and regulations engages in an occupation requiring
for the amounts prescribed by the Board and registration as electrical engineer such
approved by the Commission: Provided, That fifty professional must be registered under the
percent (50%) from these collections are to be treated provisions of this Act.
as a special fund for programs, projects and activities
of the commission and the other fifty percent (50%) (b) No registration with the Board shall be required of
shall be set up in a separate special fund for the the following:
supervisory and regulatory functions of the Board. (i) Engineering students, apprentices and
other persons employed or acting as
Sec. 14. Exemption from Examination and subordinates of, or undergoing training under
Registration. - (a) Examination and registration shall a person holding a valid certificate of
not be required of foreign electrical engineers, registration and a valid professional license
erection/commissioning/guarantee engineers under this Act;
employed as technical consultants by the Philippine
government or by private firms, for which the pertinent (ii) Persons in charge of or supervising the
professional society certifies that no qualified Filipino operation, tending and maintenance of an
professional is available, or of foreign electrical electric generating set for private use
installers for the erection and installation of a special employing voltages not exceeding two
project or for any other specialized work, subject to hundred fifty volts (250 V) and capacity not
the following conditions: exceeding fifty kilovolt amperes (50 kva):
Provided, that the owner or operator shall be
(i) That the abovementioned foreign required to have the electric generating set
professionals are legally qualified to practice periodically inspected at intervals of not more
their profession in their own country in which than one (1) year by a professional electrical
the requirements and qualifications for engineer, a registered electrical engineer on a
obtaining a license or certificate of registration national, city, provincial or municipal
are not lower than those specified in this Act; government authority exercising legal
jurisdiction over electrical installations.
(ii) That the scope of work to be performed
by said foreign professionals shall be limited Sec. 15. Holding of Examinations. - Examinations
only to the particular work for which they were for the practice of electrical engineering in the
contracted; Philippines should be given twice a year in the City of
Manila and other places on dates that the Board may
(iii) That prior to commencing work, the recommend for determination of scheduling. The
foreign professional shall secure a special Board shall schedule interview/oral examination of
permit from the Commission; every applicant for registration as professional
electrical engineer only at the office of the
(iv) That said foreign professional shall not Commission.
engage in private practice on their own
account; To qualified applicants for examination, notice of
admission shall be issued not later than ten (10) days
(v) That for every foreign professional prior to the first day of examination.
contracted pursuant to this section, one
Filipino understudy who is registered under the Sec. 16. Qualifications of Applicant for
provisions of this Act shall be employed by the Registration as Professional Electrical Engineer. -
private firm utilizing the services of such Any person applying for registration as professional
foreign professional for at least the duration of electrical engineer shall establish to the satisfaction of
the alien expert's tenure with said firm; and the Board that on or before the date of registration, he
possesses the following qualifications:
(vi) That the exemption herein granted
shall be good only for six(6) months, (a) He is a citizen of the Philippines;
renewable for another six (6) months at the
(b) He is of good reputation with high moral (b) He is at least eighteen (18) years of age;
values;
(c) He is of good reputation with high moral
(c) He has not been finally convicted by the values;
court of an offense involving moral
turpitude; (d) He has not been finally convicted by the
court of an offense involving moral
(d) He is a holder of the degree of Bachelor of turpitude; and
Science in Electric Engineering (BSEE)
from a university, school, college, academy (e) He has any of the following technical
or institute duly constituted, recognized backgrounds:
and accredited by the Philippine
government; and (1) Has completed at least three
(3) years of a five-year Bachelor of
(e) He is a registered electrical engineer with Science in Electrical Engineering
valid certificate of registration and (BSEE) program or a three-year
professional license and with four (4) years course in electrical engineering
or more of active practice reckoned from technology from an engineering school
the date of his registration as a registered recognized by the Philippine
electrical engineer. government and, in addition, has a
subsequent specific record of one (1)
Sec. 17. Qualifications of Applicants for year practice in electrical wiring and
Registered Electrical Engineer Examination. - Any installation, operation and
person applying for admission to the registered maintenance of utilization devices and
electrical engineering examination, as herein equipment; or
provided, shall establish to the satisfaction of the
Board that, on or before the date of the examination, (2) Has graduated from a two-year
he possesses the following qualifications: electrician's course of instruction from
(a) He is a citizen of the Philippines; a vocational or trade school
recognized by the Philippine
(b) He is at least twenty-one (21) years of age; government and, in addition, has at
least two (2) years of apprenticeship
(c) He is of good reputation with high moral after completion of the course of
values; instruction on electrical installation,
operation and maintenance of
(d) He has not been finally convicted by the utilization devices and equipment; or
court of an offense involving moral
turpitude; and (3) Has completed a one-year
electrician's course of instruction from
(e) He is a holder of the degree of Bachelor of a vocational school recognized by the
Science in Electrical Engineering (BSEE) Philippine government and, in addition,
from a university, school, college, academy has at least three (3) years of
or institute duly constituted, recognized apprenticeship after completion of the
and accredited by the Philippine course of instruction on electrical
government. installation, operation and
maintenance of utilization devices and
Sec. 18. Qualifications of Applicants for equipment; or
Registered Master Electrician Examination. - Any
person applying for admission to the registered (4) Has completed a four-year high
master electrician examinations, as herein provided, school education or its equivalent and,
shall establish to the satisfaction of the Board that, on in addition, has subsequent specific
or before the date of the examination, he possesses record of at least five (5) years of
the following qualifications: apprenticeship in electric wiring,
(a) He is a citizen of the Philippines; installation, operation and
maintenance of utilization devices and The applicant shall pass a written examination
equipment. on different subjects or group of subjects as
follows:
Sec. 19. Scope of Examination. - As a prerequisite
for registration as professional electrical engineer, (1) Mathematics, such as: algebra,
registered electrical engineer and registered master trigonometry, analytic geometry, differential
electrician, the applicant shall comply with the calculus, integral calculus, differential
following requirements: equations, complex numbers, probability
and statistics, advanced engineering
(a) Professional electrical engineer: mathematics including matrices, power
series, Fourier analysis, Laplace
For the purpose of confirming the service transforms, and others. The weight is
record and clarifying the technical report twenty-five percent (25%).
submitted by the applicant for registration as a
professional electrical engineer, an oral (2) Engineering sciences and allied subjects,
examination or interview shall be conducted such as general chemistry, college
on the following documents to be submitted to physics, computer fundamentals and
the Board: programming, engineering materials,
engineering mechanics, fluid mechanics,
(1) Certified experience record from the date strength of materials, thermodynamics,
applicant took oath as a registered electrical engineering law, engineering
electrical engineer indicating the inclusive economics, engineering management,
dates, companies worked for, description contracts and specifications, code of
of specific responsibilities, significant professional ethics, Philippine Electrical
accomplishments as well as the name and Code, Parts 1 and 2 and others. The
position of immediate supervisors; weight is thirty percent (30%).

(2) Technical paper covering an evaluation, an (3) Electrical engineering professional


analysis, a study or a critical discussion of subjects, such as: electrical circuits,
an electrical engineering project or subject, electronic theory and circuits energy
on one or several technical aspects such conversion, power transmission and
as: design, construction, installation, distribution, instrumentation and
commissioning, testing, operation, measurement, circuit and line protection,
maintenance, repair, research and the like. control systems, principles of
The technical paper shall be supported by communication, electrical machines,
engineering principles and data. Published electrical equipment, components and
or unpublished scientific paper or treatise devices, electric systems, power plant,
on electrical engineering theories and electronic power equipment, illumination,
applications may be considered as building wiring and others. The weight is
complying with the requirement; forty-five percent (45%).

(3) Three (3) certifications signed by three (3) The passing general weighted average rating
professional electrical engineers to the shall be seventy percent (70%) with no grade
effect that the experience record submitted below fifty percent (50%) in any group of
by the applicant is factual and that the subjects listed above.
technical paper submitted was actually
prepared by the applicant. The examination questions on the foregoing
subjects shall cover only basic theories and
The applicant must obtain passing marks on principles, and shall exclude questions based
the experience record and on the technical on experience and trade practices. The
report in order to qualify for registration as a number of questions shall be such that the
professional electrical engineer. examination can be finished in three (3)
consecutive eight-hour days.
(b) Registered electrical engineer:
(c) Registered master electrician:
The applicant shall pass a written - Installation in hazardous locations.
examination on the different subjects
or group of subjects as follows: - Wiring diagrams of different types of
motor starters with motor protection.
(1) Technical subjects:
- Drawing symbols and wiring plants.
- Ohm's Law: Calculations for
resistance, current, voltage and - Other related subjects as may be
power for direct current and prescribed by the Board.
alternating current circuits.
The number of test questions shall be such that the
- Electrical machines: Description and examinations can be finished in one (1) eight-hour
operating principles of motors, day.
generators and transformers.
The relative weights shall be fifty percent (50%) for
- Control equipment: Description and technical subjects and fifty percent (50%) for
function of fuses, overload relays, Philippine Electrical Code.
safety switches, magnetic switches,
circuit breakers, stardelta motor The passing general average rating shall be seventy
starters, transformer-type motor percent (70%) with no grade below fifty percent (50%)
starters, D.C. motor starters. in any subject.

- Electrical components: Description Sec. 20. Report of Ratings. - The Board of Electrical
of resistors, capacitors, inductors Engineering shall, within one hundred fifty (150) days
and semi-conductors. after the date of completion of the examinations,
report the ratings obtained by each candidate to the
- Maintenance and repair: Description Commission.
of the procedures in the
maintenance of electrical machinery. Sec. 21. Reexamination of Failed Subjects. - An
applicant shall be allowed to retake, any number of
- Test equipment: Types and uses of times, only the subject/s in which he has obtained a
measuring instruments. grade below fifty percent (50%). When he shall
obtained an average grade of seventy percent (70%)
- Electrical engineering law provisions in the subject/s repeated, he shall be considered to
pertaining to registered master have passed his licensure examination.
electrician.
Sec. 22. Oath. - All successful candidates in the
- Other related subjects as may be examination shall be required to take a professional
prescribed by the Board. 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
(2) Philippine Electrical Code, Parts 1 and 2:
electrician.
- General requirements for installation Sec. 23. Issuance of Certificates of Registration
of electric wiring and equipment.
and Professional Licenses. - The registration of
professional electrical engineer, registered electrical
- Approved wiring methods. engineer or registered master electrician commences
from the date his name is entered in the roll of
- Types of wiring materials and wiring registrants or licensees for his profession. Every
devices. registrant who has satisfactorily met all the
requirements specified in this Act, upon payment of
- Installation of switchboard and panel the registration fee, shall be issued a certificate of
boards. registration as a professional electrical engineer, a
registered electrical engineer or a registered master
electrician that shows the full name of the registrant shall be allowed to register as members of the said
and with serial number, signed by the Commissioner integrated organization within three (3) years after the
and by the chairman and members of the Board, effectivity of this Act. Membership in the integrated
stamped with the official seal, as evidence that the organization shall not be a bar to membership in the
person named therein is entitled to practice the other associations of the electrical engineering
profession with all rights and privileges appurtenant profession.
thereto. The certificate shall remain in full force and
effect until withdrawn, suspended, or revoked in The professional electrical engineer, registered
electrical engineer, and registered master electrician
A professional license signed by the commissioner shall receive the benefits and privileges appurtenant
and bearing the registration number and date of to this listed membership in the duty integrated and
issuance thereof and bearing the registration number accredited electrical engineering association only
and date of issuance thereof and the month of expiry upon payment of the required membership fees and
or renewability shall likewise be issued to every dues.
registrant who has paid the annual registration fees
for three (3) consecutive years and has complied with Sec. 26. Seal of Professional Electrical Engineer. -
the requirements of the Continuing Professional All licensed professional electrical engineers may
Education (CPE), unless exempted therefrom. This obtain a seal of a design prescribed by the Board
license will serve as evidence that the licensee can bearing the registrant's name, the certificate number
lawfully practice his profession until the expiration of and the legend "Professional Electrical Engineer."
its validity. Plans, specifications, reports and other professional
documents prepared by or executed under the
Sec. 24. Continuing Professional Education immediate supervision of and issued by a licensee,
Program. - The CPE guidelines shall be prescribed shall be stamped on every sheet with said seal when
and promulgated by the Board subject to the approval filed with government authorities or when submitted or
of the Commission, after consultation with the used professionally: Provided, however, That it is
integrated and accredited electrical engineering unlawful for anyone to stamp or seal any document
associations, other associations of the electrical with said seal after the registrant's name has been
engineering profession, and other concerned sectors. delisted from the roster of professional electrical
The Board shall incorporate in the said guidelines the engineers or after the validity of his professional
creation of a CPE council that shall be composed of license has expired.
officers coming from the Board, the Commission, the
integrated and accredited electrical associations, and The registrant shall be allowed again to use his seal
other concerned sectors. It shall be vested with the or stamp in the documents he prepares, signs or
functions, duties and responsibilities to implement the issues only after he is reinstated to the practice of his
guidelines and shall have the juridical personality that profession and reissued a new professional license.
is distinct and separate from and independent of the
Board, the Commission, the integrated and accredited Sec.27. Indication of Registration / Professional
electrical engineering association, and other License Number. - The professional electrical
associations of the electrical engineering profession. engineer, registered electrical engineer, or registered
master electrician shall be required to indicate his
Sec. 25. Integration of the Electrical Engineering registration/professional license number, the date
Professions. - The electrical engineering professions registered, and the date of its expiry in the documents
shall be integrated into one national organization he signs, uses or issues in connection with the
which shall be recognized by the Board as the one practice of his profession.
and only integrated and accredited association of
professional electrical engineers, registered electrical Sec. 28. Refusal to Issue Certificates. - The Board
engineers and registered master electricians. Every of electrical engineering shall not issue a certificate of
professional electrical engineer, registered electrical registration to any person convicted by the court of
engineer and registered master electrician upon any criminal offense involving moral turpitude or to
registration with the Board as such, shall ipso facto, any person guilty of immoral or dishonorable conduct
become a member of the integrated national or to any person of unsound mind. In the event of
organization. Those who have been registered with refusal to issue certificates for any reason, the Board
the Board but are not members of the said shall give the applicant a written statement setting
organization at the time of the effectivity of this Act,
forth the reasons for such action, which statement Any person, firm, association or corporation may file
shall be incorporated in the records of the Board. charges in accordance with the provisions of this
section against any licensee, or the Board may, on its
After no less than a year from the finality of the Board's own initiative (motu propio) investigate and/or take
decision, the Board, out of equity and justice, may cognizance of acts and practices constituting cause
recommend to the Commission the issuance of the for suspension or revocation of the certificate of
certificate of registration to the applicant. registration by proper resolution or order, such
charges shall be in writing and shall be sworn to by
Sec. 29. Revocation of Certificates of Registration the person making them and shall be filed with the
and Suspension from the Practice of the Board.
Profession. - The Board shall have the power, upon
proper notice and hearing, to revoke any certificate of The rules and regulations of the Commission on
registration of any registrant, to suspend him from the administrative investigation shall govern the
practice of his profession or to reprimand him for any procedure and conduct of administrative investigation
cause specified in the preceding section, or for the use before the Board.
of, perpetration of any fraud or deceit in obtaining a
certificate of registration, or for gross negligence or The respondent shall have the right to a speedy and
incompetence or for unprofessional or dishonorable public hearing and to confront and cross-examine
conduct; for violation of this Act, the rules and witnesses against him.
regulations and other policies of the Board and the
Code of Professional Ethics. Sec. 30. Re-issuance of Revoked Certificates and
Replacement of Lost Certificates. - Subject to the
It shall be sufficient ground for the revocation of a approval of the Commission, the Board may, after the
certificate issued to a person under this Act, and his expiration of one (1) year from the date of revocation
suspension from the practice of his profession for of a certificate, for reasons it may deem sufficient,
unprofessional or dishonorable conduct, if: entertain an application for a new certificate in the
same manner as application for an original one. It may
(a) Being a professional electrical exempt the applicant from the necessity of undergoing
engineer, he has signed and affixed his seal on an examination.
any plan, design, technical reports, valuation,
estimate, specification or other similar A new certificate of registration to replace any
document or work not prepared by him or not certificate that has been lost, destroyed or mutilated
executed under his immediate supervision; may be issued, subject to the rules of the Board.

(b) He has represented himself as having


taken charge of or supervised: any electrical ARTICLE IV
construction or installation; operation, tending SUNDRY PROVISIONS RELATIVE TO THE
and maintenance of any electric plant; PRACTICE OF ELECTRICAL ENGINEERING
manufacture or repair of electrical equipment,
teaching of electrical engineering subjects; Sec. 31. Field of Practice. - The field of practice for
sale or distribution of any electric supply or professional electrical engineers, registered electrical
utilization equipment requiring engineering engineers, and registered master electricians shall be
calculations or application of engineering as follows:
principles and data, without actually having (a) A professional electrical engineer's
done so. field of practice includes the sole authority to
seal electrical plans, etc., and to practice
The decision of the board shall be final and executory electrical engineering in its full scope as
unless it is appealed by the respondent to the defined in this Act;
Commission within fifteen (15) days from the receipt
of such decision. The Board's or Commission's (b) A registered electrical engineer's field
decision is appealable by the respondent to the Court of practice includes charge or supervision of
of Appeals in accordance with the procedure provided operation and maintenance of electrical
under the Rules of Court. equipment in power plants, industrial plants,
watercraft, electric locomotive, and others;
manufacture and repair of electrical supply
and utilization equipment including without holding a valid certificate or a valid
switchboards, power transformers, license; and
generators, motors, apparatus, and others;
teaching of electrical subjects; and sale and (g) Sign a document involving electrical
distribution of electrical equipment and design, plan, technical specification,
systems requiring engineering circulations or valuation and the like on behalf of a
application of engineering data; and professional electrical engineer.

(c) A registered master electrician's field of Sec. 33. Personnel Required. - Except as otherwise
practice includes the installation, wiring, provided in this Act, every electric plant, industrial
operation, maintenance and repair of electrical plant or factory, commercial establishment,
machinery, equipment and devices, in institutional building, watercraft, electric locomotive or
residential, commercial, institutional, in any other installation where persons and properties
commercial and industrial buildings, in power are exposed to electrical hazards shall not have less
plants, substations, watercrafts, electric than the following complement of professional
locomotives, and the like: Provided, That if the electrical engineer, registered electrical engineer, and
installation or the machinery is rated in excess registered electrical engineer, and registered master
of five hundred kilovolt-amperes (500 Kva), or electricians: (a) Electric plants with total installed
in excess of six hundred volts (600 V) the work generating capacity of any size and employing
shall be under the supervision of a voltages of any standard rating - one (1) professional
professional electrical engineer or a registered electrical engineer or one (1) registered electrical
electrical engineer. engineer. However, for capacities up to five hundred-
kilovolt amperes (500 Kva) and employing voltages of
Sec. 32. Prohibition in the Practice of Electrical up to six hundred volts (600 V) - one (1) registered
Engineering. - No person shall: master electrician;
(a) Practice or offer to practice electrical
engineering in the Philippines without (b) Industrial plants or factories,
having previously obtained a certificate of commercial establishments, or institutional
registration and a professional license from buildings having a connected Kva load of any
the Board of Electrical Engineering except size and employing voltages of any standard
as provided for in Section 14 hereof; rating - one (1) professional electrical engineer
or one (1) registered electrical engineer.
(b) Use, or attempt to use as his own, However, for connected loads up to five
certificate of registration, professional hundred kilovolt-amperes (500 Kva) and
license or the seal of another; employing voltages up to six hundred volts
(600 V) - one (1) registered master
(c) Give false or forged evidence of any kind electrician;
to the Board or to any member thereof in
obtaining a certificate of registration or (c) Watercrafts or electric locomotives with
professional license; installed generating capacity up to the
maximum size and voltage available for these
(d) Falsely impersonate any registrant of like units - one (1) professional electrical engineer
or different name; or one (1) registered electrical engineer.
However, for generating capacities up to five
(e) Attempt to use a revoked or suspended hundred kilovoltamperes/kilowatt (500
certificate of registration or an expired Kva/Kw) and employing voltages up to six
professional license; hundred volts (600 V) - one (1) registered
master electrician.
(f) Use, in connection with his name or
otherwise assume, use or advertise any Provided, however, That in all the aforementioned
title or description tending to convey the cases, additional qualified personnel shall be
impression that he is a professional employed to ensure safe operation and safeguard
electrical engineer, registered electrical public welfare, life and property: Provided, further,
engineer, or registered master electrician That when the operation requires more than one shift
of personnel every twenty-four (24) hours, the
minimum complement of qualified personnel shall be industrial plant or factory, commercial establishment,
employed in each shift. institutional building, watercraft, or electric locomotive
shall post or cause to be posted in a conspicuous
This section, however, shall not apply to any place within such plant or establishment the certificate
installation which has a connected load of fifty kilovolt- of registration of the engineers or electricians
amperes (50 Kva) or less and employs voltages of not employed in such plant or establishment, in a frame
more than two hundred fifty volts (250 v) and for protected by transparent glass or equivalent.
installations which are designed to be automatic and
do not require resident personnel for their safe Sec. 37. Certificate of Specialty. - Certificates of
operation: Provided, however, That their maintenance specialty shall be issued by the Board, subject to the
and repair shall be under the charge of a duly approval of the Commission, to professional electrical
registered personnel: Provided, further, That a yearly engineers who have been screened and
inspection will be conducted and certified to be in a recommended by the integrated and accredited
safe operating condition by a professional electrical electrical engineering association. These are for
engineer, a registered electrical engineer, or a specific fields in which the applicants have specialized
registered master electrician. knowledge, training and experience and have
demonstrated their competence and expertise. The
Sec. 34. Preparation of Plans, Supervision of Board shall, subject to the approval of the
Installation, Application of the Philippine Commission, and after consultation with the said
Electrical Code. - It shall be unlawful for any person association, prescribe and issue the necessary
not authorized under this Act to prepare plans, guidelines for the issuance of these certificates.
electrical valuations or specifications for any electrical
wiring, equipment or system; and no installation Sec. 38. Foreign Reciprocity. - No foreign engineer
thereof shall be undertaken unless the plans, designs, shall be admitted to take a board examination, be
valuations and specifications have been prepared by given a certificate of registration, or be entitled to any
or under the responsible charge of, and signed and of the rights and privileges under this Act unless the
sealed by a professional electrical engineer; and a country of which he is a subject or citizen specifically
construction permit for the execution thereof is first permits Filipino engineers to practice within its
secured; and unless the work is done in accordance territorial limits on the same basis as the subjects or
with the Philippine Electrical Code and is executed citizens of such country.
under the responsible charge or supervision of a
professional electrical engineer, a registered electrical Sec. 39. Enforcement of the Act by Officers of the
engineer, or a registered master electrician, as the Law. - It shall be the duty of all constituted officers of
case may be, and the routinary fiscal and ministerial the law of the national government, or any provincial,
requirements of the government agency, if any, city or municipal government or of any political
exercising jurisdiction over the particular installation subdivision thereof to prosecute any person violating
have been complied with. the provisions of this Act. The Secretary of Justice or
his assistant shall act as legal adviser of the Board
Sec. 35. Practice Not Allowed for Firms and and render such legal assistance as may be
Corporations. - The practice of electrical engineering necessary in carrying out the provisions of this Act.
is a professional service admission to which is based
on individual and personal qualifications. Hence, no Sec. 40. Penalty Clause. - Any person who shall
firm or corporations may be registered or licensed as violate any of the provisions of this Act shall be guilty
such for the practice of electrical engineering. of misdemeanor and shall, upon conviction, be
sentenced to a fine of not less than Ten thousand
However, persons properly qualified and licensed as pesos (P10,000.00) nor more than Fifty thousand
professional electrical engineers may, among pesos (P50,000.00) or imprisonment for a period not
themselves, form a partnership or association and less than six (6) months nor more than five (5) years
collectively render electrical engineering service. or both at the discretion of the court.
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,
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.

Approved: February 24, 1995


Code of Ethics Section 6. An Electrical Engineer, should have due
Board of Electrical Engineering regard at all times for the safety of the life and health
of his employees, other workers, as well as of the
Pursuant to Section 9 of Republic Act No. 184, general public and for the protection of property that
known as the Electrical Engineering Law, and Section may be affected by the work this responsibility.
6 of P.D. 223, the Board hereby adopts the CODE OF
ETHICS for Electrical Engineers. Section 7. An Electrical Engineer should express an
opinion on engineering subject, whether publicly or
FOREWORD privately, only when such opinion is called for, his
opinion must be founded on adequate knowledge and
Ethics is a set of moral principles or values to information of the relevant issues and facts based
govern the conduct of an individual belonging to a upon his honest convictions.
group or profession on the basis of honesty, fairness,
and justice. An Electrical Engineer should observe a Section 8. An Electrical Engineer should not issue
System of moral principles and values, not in passive statements, criticisms, opinions, arguments or other
recognition, but as a set of dynamic standards to guide views on matters except where public interest is
his conduct and way of life. It is his duty to practice his affected.
profession according to this Code of Ethics. The
keystone of professional conduct is integrity.
Article II RELATION WITH CLIENT AND
Article I PROFESSIONAL LIFE
EMPLOYER
Section 1. An Electrical Engineer should discharge
Section 1. An Electrical Engineer should be fair,
his duties with absolute fidelity to his clients and
impartial and reasonable in rendering professional
employers, and to act at all times, with fairness and
service to his clients, employers and contractors
impartiality to all, having due regard to public interest
regarding contracts or other agreements.
and welfare.
Section 2. An Electrical Engineer should, before
Section 2. An Electrical Engineer should uphold the
undertaking any engagement or entering into any
honor and dignity of his profession and, therefore,
contracts which calls for his professional service that
should avoid association with any person or
will require or need the use of apparatus, other
enterprises of known questionable character.
equipment or things in which he has financial interest,
have such situation clarified in the contract or
Section 3. An Electrical Engineer should strive to
agreement to avoid conflict of interests.
upgrade his skill and knowledge in electrical
engineering in order to give the best possible service
Section 3. An Electrical Engineer should be vigilant in
to the public which could be attained by interchanging
guarding against conditions that may be dangerous or
information and experiences with other engineers,
threatening to life, health, or property on work for
and by unselfishly contributing to the mission of
which he is responsible, or otherwise bring such
engineering societies, institutes, schools and
conditions to the attention of those responsible.
engineering and scientific media, and other public
institutions.
Section 4. An Electrical Engineer should present
clearly the known possible consequences or
Section 4. An Electrical Engineer should only
limitations of the work for which he will be responsible.
advertise his work or merit in a simple manner and
avoid any practice that will discredit or do injury to the
Section 5. An Electrical Engineer should honestly
dignity and honor of his profession.
advise his clients or employer to engage the services
of other experts and specialists, and should cooperate
Section 5. An Electrical Engineer should endeavor to
with them in the interests of his client or employer.
extend public knowledge of engineering and shall
discourage spreading the untrue, unfair, and
Section 6. An Electrical Engineer should not accept
exaggerated statements regarding engineering.
compensation from more than one interested party
for the same professional service pertaining to the Article IV PENAL PROVISIONS
same work, without the consent of all affected parties.
Section 1. Violation of any provision of this Code shall
Section 7. An Electrical Engineer should not divulge constitute unethical, unprofessional and dishonorable
confidential matters or information which has come to conduct and the violator shall be subjected to
his knowledge concerning affairs of his client or disciplinary action by the Board of Electrical
employers, without their consent. Engineering.

Section 8. An Electrical Engineer should not be EFFECTIVITY


financially interested in the bids of a contractor on
competitive work for which he has been or expects to This Code shall take effect upon approval by the
be employed as an engineer, unless he has the Commission and after fifteen (15) days following its
consent of his client of employer. publication in the Official Gazette.

Section 9. An Electrical Engineer should promptly Adopted in the City of Manila, this 9th of May,
disclose to his client or employer and interest which 1988.
he may have in a business that may conflict with or
affect his decision regarding engineering work for
which he is employed or which he may be called upon
to perform.

Article III RELATIONS WITH FELLOW


ENGINEERS

Section 1. An Electrical Engineer should endeavor at


all times to protect the engineering profession
collectively and individually against
misrepresentation, distortion, misunderstanding or
unfair criticism.

Section 2. An Electrical Engineer should give credit


for the engineering work to the person whom the credit
is legally due.

Section 3. An Electrical Engineer should live up to the


standards of professional practice for electrical
engineering.

Section 4. An Electrical Engineer should not directly


or indirectly injure the professional reputation,
prospects, or practice of his fellow engineers.
Whenever he finds an Engineer violating the rules of
unethical or unprofessional practices, he should not
hesitate to bring the matter to the proper forum for
disciplinary or for other appropriate action.

Section 5. An Electrical Engineer should not compete


with another Engineer on the basis of
compensation for particular work by means of
underbidding, after the results of a public bidding are
announced.
RA 7832: for profit or gain, without first securing a clearance/permit
AN ACT PENALIZING THE PILFERAGE OF for the said purpose from its owner or the National
ELECTRICITY AND THEFT OF ELECTRIC POWER Power Corporation (NPC) or its regional office
TRANSMISSION LINES/MATERIALS, concerned, as the case may be.
RATIONALIZING SYSTEM LOSSES BY PHASING
OUT PILFERAGE LOSSES AS A COMPONENT (b) For purposes of this section, "electrical power
THEREOF, AND FOR OTHER PURPOSES transmission line/material" refers to electric power
transmission steel towers, woodpoles, cables, wires,
Section 1 insulators, line hardwares, electrical conductors and
SECTION 1: SHORT TITLE other related items with a minimum voltage of sixty-nine
This Act shall be referred to as the "Anti- kilovolts (69 kv), such as the following:
electricity and Electric Transmission Lines/Materials
Pilferage Act of 1994." (B1) Steel transmission line towers made of galvanized
steel angular members and plates or creosoted and/or
Section 2 lannelized woodpoles/ concrete poles and designed to
SECTION 2: ILLEGAL USE OF ELECTRICTY carry and support the conductors;
It is hereby declared unlawful for any person,
whether natural or juridical, public or private, to: (B2) Aluminum conductor steel reinforced (ACSR) in
(a) Tap, make or cause to be made any connection excess of one hundred (100) MCM;
with overhead lines, service drops, or other
electric service wires, without previous authority (B3) Overhead ground wires made of 7 strands of
or consent of the private electric utility or rural galvanized steel wires, 3.08 millimeters in diameter and
electric cooperative concerned; designed to protect the electrical conductors from
(b) Tap, make or cause to be made any connection lightning strikes;
to the existing electric service facilities of any
duly registered consumer without the latter's or (B4) Insulators made of porcelain or glass shell and
the electric utility's consent or authority; designed to insulate the electrical conductors from steel
(c) Tamper, install or use a tampered electrical towers or woodpoles; and
meter, jumper, current reversing transformer,
shorting or shunting wire, loop connection or any (B5) Various transmission line hardwares and materials
other device which interferes with the proper or made of aluminum alloy or malleable steel and designed
accurate registry or metering of electric current to interconnect the towers, conductors, ground wires,
or otherwise results in its diversion in a manner and insulators mentioned in subparagraphs (1), (2), (3),
whereby electricity is stolen or wasted; and (4) above for the safe and reliable operation of the
(d) Damage or destroy an electric meter, transmission lines.1awphil©
equipment, wire or conduit or allow any of them
to be so damaged or destroyed as to interfere Section 4
with the proper or accurate metering of electric SECTION 4: PRIMA FACIE EVIDENCE
current; and (a) The presence of any of the following circumstances
(e) Knowingly use or receive the direct benefit of shall constitute prima facie evidence of illegal use of
electric service obtained through any of the acts electricity, as defined in this Act, by the person
mentioned in subsections (a), (b), (c), and (d) benefitted thereby, and shall be the basis for:
above.
SECTION 3 (1) the immediate disconnection by the electric utility to
SECTION 3. THEFT OF ELECTRIC POWER such person after due notice
TRANSMISSION LINES AND MATERIALS (2) the holding of a preliminary investigation by the
(a) It is hereby declared unlawful for any person to: prosecutor and the subsequent filing in court of the
pertinent information, and
(A1) Cut, saw, slice, separate, split, severe, smelt, or (3) the lifting of any temporary restraining order or
remove any electric power transmission line/material or injunction which may have been issued against a private
meter from a tower, pole, or any other installation or electric utility or rural electric cooperative:
place of installation or any other place or site where it
may be rightfully or lawfully stored, deposited, kept, (3i) The presence of a bored hole on the glass cover of
stocked, inventoried, situated or located, without the the electric meter, or at the back or any other part of said
consent of the owner, whether or not the act is done for meter;
profit or gain;
(3ii) The presence inside the electric meter of salt, sugar
(A2) Take, carry away or remove or transfer, with or and other elements that could result in the inaccurate
without the use of a motor vehicle or other means of registration of the meter's internal parts to prevent its
conveyance, any electric power transmission accurate registration of consumption of electricity;
line/material or meter from a tower, pole, any other
installation or place of installation, or any place or site (3iii) The existence of any wiring connection which
where it may be rightfully or lawfully stored, deposited, affects the normal operation or registration of the electric
kept, stocked, inventoried, situated or located without the meter;
consent of the owner, whether or not the act is done for
profit or gain; (3iv) The presence of a tampered, broken, or fake seal
on the meter, or mutilated, altered or tampered meter
(A3) Store, possess or otherwise keep in his premises, recording chart or graph, or computerized chart, graph,
custody or control, any electric power transmission or log;
line/material or meter without the consent of the owner,
whether or not the act is done for profit or gain; and (3v) The presence in any part of the building or its
premises which is subject to the control of the consumer
(A4) Load, carry, ship or move from one place to or on the electric meter, of a current reversing
another, whether by land, air or sea, any electrical power transformer, jumper, shorting and/or shunting wire,
transmission line/material, whether or not the act is done and/or loop connection or any other similar device;
(3vi) The mutilation, alteration, reconnection, cooperative, and the utility or cooperative shall be made
disconnection, bypassing or tampering of instruments, to immediately pay such person double the value of the
transformers, and accessories; payment or deposit with legal interest, which amount
shall likewise be creditable against immediate future
(vii) The destruction of, or attempt to destroy, any billings, without prejudice to any criminal, civil or
integral accessory of the metering device box which administrative action that such person may be entitled to
encases an electric meter, or its metering accessories; file under existing laws, rules and regulations:
and
Provided, finally, That if the court finds the same
(viii) The acceptance of money and/or other valuable person guilty of such illegal use of electricity, he shall,
consideration by any officer of employee of the electric upon final judgment, be made to pay the electric utility or
utility concerned or the making of such an offer to any rural electric cooperative concerned double the value of
such officer or employee for not reporting the presence the estimated electricity illegally used which is referred to
of any of the circumstances enumerated in in this section as “differential billing”.
subparagraphs (i), (ii), (iii), (iv), (v), (vi), or (vii) hereof:
Provided, however, That the discovery of any of the "differential billing" shall refer to the amount to
foregoing circumstances, in order to constitute prima be charged to the person concerned for the unbilled
facie evidence, must be personally witnessed and electricity illegally consumed by him as determined
attested to by an officer of the law or a duly authorized through the use of methodologies which utilize, among
representative of the Energy Regulatory Board (ERB). others, as basis for determining the amount of monthly
electric consumption in kilowatt-hours to be billed,
(b) The possession or custody of electric power
transmission line/material by any person, natural or (a) the highest recorded monthly consumption within the
juridical, not engaged in the transformation, transmission five-year billing period preceding the time of the
or distribution of electric power, or in the manufacture of discovery,
such electric power transmission line/material shall be (b) the estimated monthly consumption as per the report
prima facie evidence that such line/material is the fruit of of load inspection conducted during the time of
the offense defined in Section 3 hereof and therefore discovery,
such line/material may be confiscated from the person in (c) the higher consumption between the average
possession, control or custody thereof. consumptions before or after the highest drastic drop in
consumption within the five-year billing period preceding
Section 5 the discovery,
SECTION 5. INCENTIVES (d) the highest recorded monthly consumption within four
An incentive scheme by way of a monetary (4) months after the time of discovery,
reward in the minimum amount of Five thousand pesos (e) the result of the ERB test during the time of discovery
(P5,000) shall be given to any person who shall report to and, as basis for determining the period to be recovered
the NPC or police authorities any act which may by the differential billing either:
constitute a violation of Section 3 hereof. (1) the time when the electric service of the
person concerned recorded an abrupt or abnormal drop
The Department of Energy (DOE), in in consumption, or
consultation with the NPC, shall issue the necessary (2) when there was a change in his service
guidelines for the proper implementation of this incentive connection such as a change of meter, change of seal or
scheme within thirty (30) days from the effectivity of this reconnection, or in the absence thereof, a maximum of
Act. sixty (60) billing months up to the time of discovery:
Provided, however, That such period shall, in no case,
Section 6 be less than one (1) year preceding the date of
SECTION 6. DISCONNECTION OF ELECTRIC discovery of the illegal use of electricity.
SERVICE
The private electric utility or rural electric Section 7
cooperative concerned shall have the right and authority SECTION 7. PENALTIES
to disconnect immediately the electric service after (a) Violation of Section 2. - The penalty of prision mayor
serving a written notice or warning to that effect, without or a fine ranging from Ten thousand pesos (P10,000) to
the need of a court or administrative order, and deny Twenty thousand pesos (P20,000) or both, at the
restoration of the same, when the owner of the house or discretion of the court, shall be imposed on any person
establishment concerned or someone acting in his found guilty of violating Section 2 hereof.
behalf shall have been caught en flagrante delicto doing
any of the acts enumerated in Section 4(a); (b) Violation of Section 3. - The penalty of reclusion
temporal or a fine ranging from Fifty thousand pesos
Provided, That in the second case, a written (P50,000) to One hundred thousand pesos (P100,000)
notice or warning shall have been issued upon the first or both at the discretion of the court, shall be imposed on
discovery: any person found guilty of violating Section 3 hereof.

Provided, further, That the electric service shall (c) Provision common to violations of Section 2 and
not be immediately disconnected or shall be immediately Section 3 hereof. - If the offense is committed by, or in
restored upon the deposit of the amount representing connivance with, an officer or employee of the power
the differential billing by the person denied the service, company, private electric utility or rural electric
with the private electric utility or rural electric cooperative cooperative concerned, such officer or employee shall,
concerned or with the competent court, as the case may upon conviction, be punished with a penalty one (1)
be: degree higher than the penalty provided herein, and
forthwith be dismissed and perpetually disqualified from
Provided, furthermore, That if the court finds that employment in any public or private utility or service
illegal use of electricity has not been committed by the company and from holding any public office.
same person, the amount deposited shall be credited
against future billings, with legal interest thereon If the violation is committed by a partnership,
chargeable against the private utility or rural electric firm, corporation, association or any other legal entity,
including a government-owned or -controlled The term "power sold by NPC or any other entity
corporation, the penalty shall be imposed on the that supplies power directly to a consumer" as used in
president, manager and each of the officers thereof who the preceding paragraph shall for purposes of this
shall have knowingly permitted, failed to prevent or was section be deemed to be a sale directly to the consumer
otherwise responsible for the commission of the offense. if:
(1) the point of metering by the NPC or any other
Section 8 utility is less than one thousand (1,000) meters
SECTION 8.AUTHORITY TO IMPOSE VIOLATION OF from the consumer, or
CONTRACT SURCHARGES (2) the consumer's electric consumption is three
A private electric utility or rural electric percent (3%) or more of the total load
cooperative may impose surcharges, in addition to the consumption of all the customers of the utility, or
value of the electricity pilfered, on the bills of (3) there is no other consumer connected to the
any consumer apprehended for tampering with his distribution line of the utility which connects to
electric meter/metering facility installed on his premises, the NPC or any other utility point of metering to
as well as other violations of contract like direct the consumer meter.
connection, use of jumper, and other means of illicit
usage of electricity found installed in the premises of the (b) For rural electric cooperatives:
consumer. (i) Twenty-two percent (22%) at the end of the
first year following the effectivity of this Act;
The surcharge for the violation of contract shall (ii) Twenty percent (20%) at the end of the
be collected from and paid by the consumer concerned second year following the effectivity of this Act;
as follows: (iii) Eighteen percent (18%) at the end of the
(a) First apprehension. - Twenty five percent (25%) of third year following the effectivity of this Act;
the current bill as surcharge; (iv) Sixteen percent (16%) at the end at the fourth year
(b) Second apprehension. - Fifty percent (50%) of the following the effectivity of this Act; and
current bill as surcharge; and (v) Fourteen percent (14%) at the end of the fifth year
(c) Third and subsequent apprehensions. - One hundred following the effectivity of this Act.
percent (100%) of the current bill as surcharge.
Provided, That the ERB is hereby authorized to
The private electric utility or rural electric determine at the end of the fifth year following the
cooperative is authorized to discontinue the electric effectivity of this Act, and as often as is necessary,
service in case the consumer is in arrears in the taking into account the viability of rural electric
payment of the above imposed surcharges cooperatives and the interest of the consumers, whether
Section 9 the caps herein or theretofore established shall be
SECTION 9. RESTRICTION OF THE ISSUANCE OF reduced further which shall, in no case, be lower than
RESTRAINING ORDERS OR WRITS OF INJUNCTION nine percent (9%) and accordingly fix the date of the
No writ of injunction or restraining order shall be effectivity of the new caps.
used by any court against any private electric utility or
rural electric cooperative exercising the right and Section 11
authority to disconnect electric service as provided in this Section 11. AREA OF COVERAGE
Act, unless there is prima facie evidence that the The caps provided in Section 10 of this Act shall
disconnection was made with evident bad faith or grave apply only to the area of coverage of private electric
abuse of authority. utilities and rural electric cooperatives as of the date of
the effectivity of this Act.
Section 10 The permissible levels of recovery for system
SECTION 10. RATIONALIZATION OF SYSTEM losses in areas of coverage that may be added on by
LOSSES BY PHASING OUT PILFERAGE LOSSES AS either a private electric utility or a rural electric
A COMPONENT THEREOF cooperative shall be determined by the ERB.
There is hereby established a cap on the recoverable
rate of system losses as follows: Section 12
(a) For private electric utilities: SECTION 12. RECOVERY OF PILFERAGE LOSSES
(i) Fourteen and a half percent (14 Any private electric utility or rural electric
1/2%) at the end of the first year cooperative which recovers any amount of pilferage
following the effectivity of this Act; losses shall, within thirty (30) days from said recovery,
(ii) Thirteen and one-fourth percent (13 report in writing and under oath to the ERB:
1/4%) at the end of the second year (a) the fact of recovery,
following the effectivity of this Act; (b) the date thereof;
(iii) Eleven and three-fourths (11 3/4%) (c) the name of the consumer concerned,
at the end of the third year following the (d) the amount recovered,
effectivity of this Act; and (e) the amount of pilferage loss claimed,
(iv) Nine and a half-percent (9 1/2%) at (f) the explanation for the failure to recover the
the end of the fourth year following the whole amount claimed, and
effectivity of this Act. (g) such other particulars as may be required by
the ERB.
Provided, That the ERB is hereby authorized to
determine at the end of the fourth year following the If there is a case pending in court for the
effectivity of this Act, and as often as necessary taking recovery of a pilferage loss, no private electric utility or
into account the viability of private electric utilities and rural electric cooperative shall accept payment from the
the interest of the consumers, whether the caps herein consumer unless so provided in a compromise
or theretofore established shall be reduced further which agreement duly executed by the parties and approved
shall, in no case, be lower than nine percent (9%) and by the court.
accordingly fix the date of the effectivity of the new caps.
Section 13
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
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
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
SECTION 16. REPEALING CLAUSE
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
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

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