FUNDAMENTALS OF LAWS

LAW:
Law is a rule of conduct, just and obligatory, laid down by legitimate authority, for
common observance and benefit.
Characteristics of Law:
1. Rule of conduct implies a norm of behavior. Because law is to govern man there must be a
guide to put mans actions in proper order.
2. Just must be morally satisfactory. There must be intrinsic ethical merit within it. Law is the
result of many factors one of which is the sentiment of justice.
3. Obligatory it must be enforced otherwise it would be a mere artifice of expediency. If it is a
legal right, the state must be ready to exert its force on its behalf.
4. Laid down by legitimate authority it must be prescribed by legitimate authority. It must be
ordained by the competent agency in which the power is vested. The supremacy of the law
will be meaningless if not promulgated by duly constituted authority.
5. For common observance and benefit social organization rests on law, the precepts of which
are obligatory. Law begins as the product of the automatic action of society and becomes in
time the cause of its continued growth and perfection. Society cannot exist without it nor
exist without producing it.
Universally accepted principle of the Law:
Ignorance of the law excuses no one from compliance (The New Civil Code of the
Philippines)
Parts of Law:
1. Declaratory the part wherein the rights to be observed and the wrongs to be avoided are
clearly defined and laid down.
2. Directory the part where the subject is instructed and enjoined to observe those rights and
to abstain from the commission of those wrongs.
3. Remedial this part points out the methods to recover mans private rights and redress
mans private wrongs.
4. Sanction or vindicatory branch of the Law signifies what penalty shall be incurred upon the
commission of any wrong, neglect of duty or transgression.
Sources of Law:
1. Constitution
2. Legislation
3. Execution orders, regulations and rulings orders issued by administrative officials under
legislative authority designed to clarify and explain the law and carry into effect its general
provisions by providing details of administration and procedures.
4. Precedents judicial provisions or court decisions applying or interpreting the law or the
Constitution, Article 8 of the New Civil Code states Judicial decisions applying or
interpreting the law or the constitution shall form parts of the legal system of the
Philippines.
5. Customs
6. Principles of Equity fairness and fair dealing.
Types of Law:
1. Divine Law Laws which were established and accepted, through faith, as having been
authored by God, through the representation of the church.
2. Human Law Laws which have been authored by man for his fellowmen to follow.
Classification of Human Laws according to the application:
1. Public Law laws that involve and affect the political and sovereign condition of the state.
This law applies to all citizens of the state, which would adopt such a law.

FUNDAMENTALS OF LAWS

Criminal Law laws involving the violation of another persons human and/or legal
rights. Criminal laws are typically enforced by the government, unlike the civil law, which
may be enforced by private parties. Examples of offenses under the criminal law are
murder, assault, sexual abuse, etc.
International Law laws involving the state (country) as a whole and independent
body.
Public international Law - laws that involves for instance the United Nations,
maritime law, international criminal law and the Geneva conventions. These are laws
that involve the state in representation of the whole, and affect every citizen of the
state with citizens of other states.
- Private international law, or conflict of laws laws which addresses the
questions of (1) in which legal jurisdiction may a case be heard; and (2) the law
concerning which jurisdiction(s) apply to the issues in the case.
Ex. Inter-country adoption and international child abduction
- Supranational law or the law of supranational organizations - laws, which concerns
at present regional agreements where the special distinguishing quality is that law of
nation states are held inapplicable when conflicting with a supranational legal
system.
Ex. European Union law, African Union, ASEAN (Association of South-East Asian
Nations) Agreements
Political Law laws involving the management of government.
- Constitutional Law laws that cover the enactment, revision, amendment,
interpretation and application of the constitution and determines whether the
constitution conforms to fundamental law.
- Administrative Law laws which establishes the organization and structure of
authorities that promulgate and execute the law.
- Public Administrative Law laws, which deal with the management and
administration of the different offices in government and civil service.
- Public Corporations Law laws that govern the creation, management and
dissolution of public corporations.
- Local Government Law these are laws that apply to the administration and
management of International and local government functions. These may include
city, municipal and regional applications as well as several interior and national
government functions.
- Election Law laws enacted in the course of, and for the purpose of, safeguarding
the right of each citizen to exercise the right of suffrage and that the results of such
are clean and fair.
2. Private Law laws, which do not concern the public at large, but are applied to a specific
part of society even to the point as to a case of between individuals.
Civil Law laws that cover both the organization and strengthening of the family and
the protection and regulation of property. Examples of offenses under civil law are: malicious
intent (i.e., desire to cause harm), gross negligence (i.e., conscious indifference), or a willful
disregard for the rights of others
Commercial Law laws, is the body of law, which governs business and commercial
transactions. Privacy laws, safety laws (i.e. the Occupational Safety and Health Acts), food
and drug laws are some examples.
Remedial Law laws, which establish the efficient methods of protecting the rights and
privileges of any individual or groups of individuals, and prescribes the remedy and redress
for violations thereof.
Branches of Government:
1. Executive covers the Office of the President and all branches and offices of the cabinet.

FUNDAMENTALS OF LAWS

Forms of Executive Laws:

1. Presidential Decrees
2. Executive Orders
3. Letters of Instructions
4. Resolutions, Memorandums and Circulars
5. Proclamations
2. Legislative covers both houses of Congress (the House of Representatives and the
Senate) and their supporting administrative office.
Forms of Legislative Laws:
1. Republic Acts
2. Batasan Pambansa Circulars
3. Judiciary covers all Courts, including the fiscals office and the clerk of courts.
Forms of Judicial Laws:
1. Decisions from lower courts
2. Decisions from the Court of Appeals
3. Supreme Court Decisions
Why does a practitioner need substantial knowledge of legal matters?
1. To know when all ordinary legal requirements are observed in drawing up such
engineering papers as may be necessary in his work.
2. To see that the actions, attitudes, and decisions that he and his subordinates do are legal
and that the legal rights of his clients, business associate, and himself are properly
conserved.
3. To be informed on the laws which affect his particular specialty
4. To have a clear concept of his own rights and privileges and also those of his neighbor
and business associates
Electronics Engineering Jurisprudence:
That branch of laws which directly affect the Electronics Engineers in the Philippines. This
includes the study, analysis, interpretation and application of the laws in the practice of the
profession.
Coverage of ECE Jurisprudence:
1. Republic Act No. 9292
This is the ECE Act of the Philippines. This law establishes the professional identity, defines
the scope and nature of work, and identifies the rules and regulations in the practice of the
ECE profession.
2. Civil Service Commission Guidelines to the practice of ECE
This deals with the character, nature and scope of work of the ECE. It also establishes the
professions Code of Professional Ethics and Conduct.
3. Statutes that mention by name the ECE Profession
These are the laws established which single out the Electronics Engineering profession and
define a responsibility, duty, conduct or behavior, obligation and privilege of an ECE.
4. Government memorandum and Circulars affecting Regulated Professions
Since the ECE profession is a regulated profession (recognized by both the Professional
Regulations Commission and the Civil Service Commission), any law that generally mentions
regulated professions or professions having a regulated career examination includes the
ECE career.

FUNDAMENTALS OF LAWS

5. Resolutions from the Board of ECE (examiners)

These are resolutions filed by the Board of ECE and endorsed or approved the the
Professional Regulations Commission.
6. Statutes which affect the Electronics, Telecommunications and Computer Industry
These are the laws, which affect the industry where the ECE practice their profession.
7. Statutes which affect the Professional Career
These are the laws, which affect the working employee including the benefits which may be
enjoyed, the environment of the work, the conduct among and between employer and
employees, and the relationships between co-workers.
8. Statutes which affect Civil Service
These are the laws, which apply to the ECE who practice their profession in government
service.
9. Statutes on Science and Technology
These are the laws, which involve technology in general. This may include laws on
intellectual property, laws on Technical Education and Training, franchises for scientific and
technological establishments and institutions, and Laws on Transfer of Technology.
10.Treaties involving expatriated Professionals
These are laws between governments, which cover the transfer of professional human
resource from one country to another. These include foreign reciprocity and cross boarder
practice.
In addition to these jurisprudences, the practicing ECE is also affected by commercial law if
and when he engages in business which may or may not be related to the ECE profession.
Professional Ethics:
In every profession, there is a set of standards of practice that governs the relationship of a
member with his brothers in the profession, with his clients and with the public or community.
This is known as professional ethics. Professional ethics may be defined as the right
application of the accepted standards of right and wrong to the conduct of professional men
in the business relationships peculiar to their employment.
In other words, it is an
enumeration of principles of right and wrong as they apply to every professional problem and
issue. Its purpose is to protect the clientele particularly the public from the abusive and
oppressive members of the profession. Violations of these principles will therefore make the
member liable for disciplinary action.
Ethics - Greek word ethikos or ethos
- a set of principles of right conduct
Reasons why ethical as well as legal restraints are necessary:
1. it is a guide for conduct in the many practical affairs of life.
2. it is a necessary attribute to the highest type of success.
3. establishing a personal, business or professional reputation for honesty and dependability is
a highly desirable goal for the young engineer.
CODE OF ETHICS FOR ELECTRONICS ENGINEERING PRACTITIONERS:
The set of guidelines, which define the character and mode of behavior of an Electronics
Engineer during the time the aforementioned, is in practice of the career.

FUNDAMENTALS OF LAWS