FUNDAMENTALS OF LAWS 1

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 man’s
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 man’s private rights and redress man’s 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.
 Criminal Law – laws involving the violation of another person’s 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.
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 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.

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
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2. Batasan Pambansa Circulars

3. Judiciary – covers all Courts, including the fiscal’s 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 profession’s 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.
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.
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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.