ECELAWS College of Engineering ECE Department

FUNDAMENTALS
FUNDAMENTALS
OF
OF
LAW
LAW
MODULE 1
MODULE 1
Learning Objectives
After completing this module, the learners should
be able to:
Define law.
Identify the characteristics of law.
Discuss the classifications and sub-classifications
of the law.
Distinguish the different rights and the courts.
Describe how laws are created.
Give examples of different laws created.
Name the coverage and venues of ECE
urisprudence.

ECELAWS College of Engineering ECE Department !
BASICS OF LAW AND JURISPRUDENCE BASICS OF LAW AND JURISPRUDENCE
Definition of the "aw
"#$ % &#bstract sense' (he total body of obligatory
rules which is promulgated and established for
the purpose of governing personal relationships
in society.
"#$ % &)aterial sense' (he *ust and obligatory rule
of conduct for common observance and benefit.
Characteristics o the La! Characteristics o the La!
It is a rule of behavior or conduct
It is obligatory to all people
It is promulgated by a recogni+ed legitimate
authority
It is for common public observance
It is for the common benefit of everyone
It is logical
Universa""# acce$te% Princi$"e o the La! Universa""# acce$te% Princi$"e o the La!
ECELAWS College of Engineering ECE Department ,
Ignorance of the law excuses no one from
compliance
Origin o the La! Origin o the La!
Classification of the "aw
Divine law % law which is established and
accepted- through faith- as having been authored
by God- through the representation of the church.
.uman law % laws which have been authored by
man for his fellowmen to follow.
Classification of .uman "aws Classification of .uman "aws
/ublic "aw % laws that involve and affect the
political and sovereign condition of the state
which would adopt such as law.
/rivate "aw % 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.
0ub-classification of /ublic "aws 0ub-classification of /ublic "aws
Criminal "aw % laws involving the violation of
another person1s human and2or legal right.
ECELAWS College of Engineering ECE Department 3
International "aw % laws involving the state
&country' as a whole and independent body.
/olitical "aw % laws involving the management of
government.
/olitics % 4the science of government5
0ub-classification of /rivate "aws 0ub-classification of /rivate "aws
Civil "aw % laws which cover both the
organi+ation and strengthening of the family and
the protection and regulation of the property.
Commercial "aw % laws which protect the rights
and property of individuals or groups of individual
&as the case of Corporate law' who are engaged in
business- commerce and industry.
6emedial "aw % 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.
0ub-classification of International "aws 0ub-classification of International "aws
/ublic International "aw % laws that involve the
state in representation of the whole and affect
every citi+en of the state with citi+ens of other
ECELAWS College of Engineering ECE Department 7
states.
/rivate International "aw % laws that involve the
state in representation of the whole and only
selectivity affects specific individuals of the state.
6ights and the Courts 6ights and the Courts

.uman 6ights .uman 6ights % 4/rivileges that are universal- % 4/rivileges that are universal-
en*oyed by every individual regardless of age or en*oyed by every individual regardless of age or
race- that is said to be God given.5 race- that is said to be God given.5

"egal 6ights "egal 6ights % 4/rivileges that are en*oyed by % 4/rivileges that are en*oyed by
every individual within the state which is provided every individual within the state which is provided
and safeguarded by law.5 and safeguarded by law.5

6eal 6ights 6eal 6ights % 4/rivileges that an individual en*oys % 4/rivileges that an individual en*oys
on the ownership of property- of an actual material on the ownership of property- of an actual material
ob*ect- talent or asset.5 ob*ect- talent or asset.5
8. 8. 6eal 6ight on 6em % 6ights that are 6eal 6ight on 6em % 6ights that are
en*oyed by the masses. 6ights of collective en*oyed by the masses. 6ights of collective
public. public.
!. !. 6eal 6ight in /ersonam 6eal 6ight in /ersonam % 6ights that are % 6ights that are
en*oyed by a specific person or specific en*oyed by a specific person or specific
group of people. group of people.
Courts of ustice Courts of ustice % (he venue where an individual % (he venue where an individual
ECELAWS College of Engineering ECE Department 9
of individuals who are suspected to have violated of individuals who are suspected to have violated
the law are decided culpability. the law are decided culpability.
urisdiction urisdiction % (he coverage of authority and % (he coverage of authority and
responsibility as defined by law. responsibility as defined by law.
Et#&o"og# o the La!s
:ranches of Government
Executive % Covers the office of the president and
all branches and offices of the cabinet.
Forms of Executive Laws
/residential Decrees
Executive ;rders
"etters of instructions
6esolutions- )emorandums and Circulars
/roclamations- Department ;rder
"egislative % Covers both .ouses of Congress &the
.ouse of 6epresentatives and the 0enate' and their
supporting and administrative office.
Forms of Legislative Laws
6epublic #cts
:atas /ambansa Circulars
udiciary % Covers all courts
ECELAWS College of Engineering ECE Department <
Forms of Judicial Laws/Rulings
Decisions from lower courts
Decisions from the Court of #ppeals
0upreme Court Decisions
Creations o the La! Creations o the La!
E'ec(tive
/residential Decrees- Executive ;rders- "etters of
Instructions=
(hese are laws signed into by the president upon
research and recommendation of any member of
the cabinet or any branch of the government.
6esolutions- )emorandums- Circulars=
(hese are laws which are particular in character and
often cover a specific part of society.
Examples of /residential Decrees Examples of /residential Decrees
/D 8>?9 % Creating the )ovie and (elevision
6eview and Classification :oard. &;ct. 7- 8>?7'
/D 8>?< % #n act creating the @ideo 6egulatory
ECELAWS College of Engineering ECE Department ?
:oard. &;ct. 7- 8>?7'
Examples of Executive ;rders Examples of Executive ;rders
!"elecommunications
E; 7> - /rescribing the policy guidelines for
compulsory interconnection of authori+ed public
telecommunications carrier in order to create a
universally accessible and fully integrated
nationwide telecommunications networA and
thereby encourage private sector in
telecommunications. &Beb. !3- 8>>,'
E; 39< % /roviding for the national policy on the
operation and use of international satellite
communications in the country. &)arch 8<- 8>>?'
E; 39? % /roviding for the creation of a National
Council for the promotion of Electronic commerce
in the country. &Beb. !,- 8>>?'
E; 39> % #mending E; 8>C- approving and
adopting the National Information (echnology
/lan !CCC and establishing the National
Information (echnology Council. &Beb. !,-8>>?'
#! $roadcasting
General :roadcasting "aw
E; !77 % 6eDuiring all radio stations with musical
ECELAWS College of Engineering ECE Department >
format programs to broadcast a minimum of four
;riginal /ilipino )usical compositions in every
clocA-hour and for other purposes.
6elated Cable "aws
E; !C7 % 6egulating the operation of Cable
#ntenna (elevision &C#(@' systems in the
/hilippines. &une ,C- 8>?<'
E; 3,9 % /rescribing policy guidelines to govern
the operations of Cable (elevisions in the
/hilippines. &0eptember >- 8>><'
Examples of Department ;rders Examples of Department ;rders
D; 3 % 6ules and regulations governing radio
training schools in the /hilippines. &an. ,- 8><!'
D; ?? % 6ules and regulations reDuiring the
service of duly registered electronics and
communications engineer in planning and
designing- installation or construction governing
commercial radio operators. &Dec. !?- 8><!'
D; 8, % 6ules and regulations governing amateur
radio service in the /hilippines as amended. &Beb.
89- 8><8'
ECELAWS College of Engineering ECE Department 8C
Legis"ative
6epublic #cts=
(hese are laws signed into by both the lower and
upper house of congress. (he process being a
congressman or group of congressmen author and
sponsor a bill- lobby of it1s passage from the
lower house to the senate- and gets passed by a
ma*ority vote in the senate or vice versa.
:atas /ambansa Circulars=
0imilar to 6epublic #cts except only a single house
&:atasan' which was established and determined
to be full representation of all sectors of society-
voted on laws passed.
Examples of 6epublic #cts Examples of 6epublic #cts
6# 7<,3 % (he Electronics and Communications
#ct of the /hilippines &une !8- 8>9>'
6# <>!7 % #n act to promote and govern the
development of /hilippine telecommunications
and the delivery of public telecommunications
services. &uly !7- 8>>7'
6# >!>! % Electronics Engineering "aw of !CC3.
&#pril 8<- !CC3'
ECELAWS College of Engineering ECE Department 88
J(%iciar#
Decisions of "ower Courts and the Court of
#ppeals=
(hese are laws which originated as a decision on
disputes brought to the courts through private in
character- this can not be used as a basis for
succeeding rulings of similar character. (he
decision of the "ower Court of General
urisdiction have only a single presiding *udge
over each case and promulgating such a ruling
based on merit of the case.
0upreme Court Decisions=
#ny matter "egislative- Executive- and those
decisions from a lower court or Court of #ppeals
which have been appealed to the 0upreme Court
and have been decided upon. EnliAe decisions of
the lower court which is promulgated by a single
*udge- decisions of the 0upreme Court are
decided upon and may be voted upon by a group
of *ustices.
E"EC(6;NIC0 #ND C;))ENIC#(I;N0 E"EC(6;NIC0 #ND C;))ENIC#(I;N0
ENGINEE6ING E6I0/6EDENCE ENGINEE6ING E6I0/6EDENCE
ECELAWS College of Engineering ECE Department 8!
(hat branch of laws which directly affect the
electronics and communications engineers in the
study- analysis- interpretation and application of
the laws in the practice of electronics and
communications engineering.
Coverage o ECE J(ris$r(%ence Coverage o ECE J(ris$r(%ence
6E/E:"IC #C( N;. 7<,3=
(his is an Electronics and Communications
Engineering #ct of the /hilippines. (his law
establishes the professional identity- defines the
scope and nature of worA- and identity the rules
and regulations in the practice of the Electronics
and Communications engineering profession.
CI@I" 0E6@ICE C;))I0I;N GEIDE"INE0
(; (.E /6#C(ICE ;B E"EC(6;NIC0 #ND
C;))ENIC#(I;N0 ENGINEE6ING=
(his details the character- nature and scope of worA
of Electronics and Communications Engineer. It
also establishes the professions. Code of
/rofessional Ethics and Conduct.
0(#(E(E0 (.#( )EN(I;N :F N#)E (.E
ECELAWS College of Engineering ECE Department 8,
ECE /6;BE00I;N=
(hese are laws established which sings out the
Electronics and Communications Engineering
profession and define a responsibility- duty-
conduct or behavior- obligation- and privileges of
an Electronics and Communications Engineer.
G;@E6N)EN( )E);6#NDE) #ND
CI6CE"#60 #BBEC(ING 6EGE"#(I;N
/6;BE00I;N0=
0ince the Electronics and Communications
Engineering profession is a regulated profession-
any law that generally mentions 4regulated
professions5 or 4professions having a regulated
career examination5 includes the Electronics and
Communications Engineering career.
6E0;"E(I;N0 B6;) (.E :;#6D ;B ECE
&EG#)INE60'=
(hese are resolutions filed by the :oard of
Electronics and Communications Engineers and
endorsed or approved by the /rofessional
6egulations Commission.
ECELAWS College of Engineering ECE Department 83
0(#(E(E0 $.IC. #BBEC( (.E
E"EC(6;NIC0- (E"EC;))ENIC#(I;N0
#ND C;)/E(E6 INDE0(6F=
(hese are the laws which affect the industry which
the Electronics and Communications Engineers
practice their profession.
0(#(E(E0 $.IC. #BBEC( (.E C#6EE6 ;B
(.E /6;BE00I;N#"=
(hese are the laws which affect the worAing (hese are the laws which affect the worAing
employee including the benefits which may be employee including the benefits which may be
en*oyed- the environment of worA- the conduct en*oyed- the environment of worA- the conduct
among and between employer and employees- among and between employer and employees-
and the relationships between worAers. and the relationships between worAers.

C;DE ;B E(.IC0 ;B E"EC(6;NIC0 #ND C;DE ;B E(.IC0 ;B E"EC(6;NIC0 #ND

C;))ENIC#(I;N0 ENGINEE60 C;))ENIC#(I;N0 ENGINEE60
(he set of guidelines which define the character and
mode of behavior of an Electronics and
Communications Engineer during the time the
aforementioned is in practice of the career.

HE#0IEDICI#" ;BBICE60 HE#0IEDICI#" ;BBICE60

ECELAWS College of Engineering ECE Department 87
#ll communications in the executive branch have
Duasi-*udicial functions. (his means they can
hear and decide matters within the defined
purpose- scope and authority of the commission.
)ENUES OF ECE JURISPRUDENCE )ENUES OF ECE JURISPRUDENCE
C.ED - covers the ECE /ractice in the #cademe
and the basic structure of the :0ECE Course.
/6C &/rofessional 6egulations Commission' -
covers the #pplication of the 6egulatory
Examination and renewal of registry certification.
C0C &Civil 0ervice Commission' - covers the
regulation of professional Government service.
:ECE &:oard of ECE' - covers the formulation
and rating of the regulatory examination and the
regulation and monitoring of the ECE practice.
N(C &National (elecommunications Commission'
- covers the regulation and monitoring of the
telecommunications industry and practice.
EGECE(I@E :6#NC. ;BBICE &;ffice of the
/resident' - covers the regulation and monitoring
of the Electronics- Computer- 0cience and
(echnology industry.
"EGI0"#(I@E :6#NC. &.ouse of Congress'
ECELAWS College of Engineering ECE Department 89
EDICI#6F :6#NC. &Courts'
A*BI+UI,- IN ,.E LAW A*BI+UI,- IN ,.E LAW
#):IGEI(F IN (.E "#$ - the law can never
be said to be ambiguous. #lthough. "aws can be
decided upon by the 0upreme Court as
unconstitutional and should be changed or
re*ected. Burthermore- should any two laws come
in conflict- and then one has to be repealed as not
to generate ambiguity.
ENHE#N(IBI#:"E B#C(0 - certain items of
the law cannot be proven by prima facie evidence
but only through strong circumstantial evidence.
(his is because certain matters describe by the law
are either abstract or unDuantifiable.
/E6/E(EI(F ;B (.E "#$- laws have- unless
amended- no time limit. (his may prove difficult
to apply on situations which covers the social
structure of society or matters which involve
science and technology as these examples are
dynamic and change with the maturity of society.
INB#""I:I"I(F ;B (.E 0E/6E)E C;E6( -
ECELAWS College of Engineering ECE Department 8<
it is said that the 0upreme Court is infallible in
decisions regarding all legal matters which
balances the rights and privileges with the social
and moral duties and responsibilities of all.
4(.E "#$ I0 :"IND5- this means that
executors of the law are always fair and impartial
and weigh decisions based on evidences presented.
ECELAWS College of Engineering ECE Department 8?