Revocation of Certificates of Registration and Suspension from the Practice of the Electrical Profession in the Philippines
In the Philippines, the practice, licensing, and regulation of electrical engineers and electricians are governed by Republic Act No. 7920, also known as the “New Electrical Engineering Law.” This law ensures that only qualified and competent individuals practice electrical engineering, thereby safeguarding public safety and welfare. One crucial aspect of this law is Section 29, which details the grounds and procedures for revoking certificates of registration and suspending professionals from practice. This article delves into the specifics of this section, providing insights into the causes, procedures, and implications of such disciplinary actions.
Grounds for Revocation and Suspension
Under Section 29 of Republic Act No. 7920, the Board of Electrical Engineering holds the authority to revoke a certificate of registration or suspend a professional from practice for various reasons. These include:
- Fraud or Deceit in Obtaining a Certificate:
- Any act of fraud or deceit in acquiring a certificate of registration is a serious offense. This includes providing false information or using deceptive means to meet the qualifications for licensure.
- Gross Negligence or Incompetence:
- Electrical engineers and electricians are expected to perform their duties with a high degree of competence and care. Gross negligence or incompetence that endangers public safety can lead to severe disciplinary actions.
- Unprofessional or Dishonorable Conduct:
- Professionals are required to adhere to ethical standards. Conduct that is deemed unprofessional or dishonorable, such as engaging in unethical business practices or violating the Code of Professional Ethics, can result in suspension or revocation.
- Violation of the Act, Rules, and Regulations:
- Any breach of the provisions of Republic Act No. 7920, the rules and regulations established by the Board, or the Code of Professional Ethics constitutes grounds for disciplinary action.
Specific Grounds for Electrical Engineers
The Act specifies particular grounds for professional electrical engineers, emphasizing their responsibility in signing and supervising projects:
- Improper Signing and Sealing of Documents:
- If a professional electrical engineer signs and affixes their seal on plans, designs, technical reports, valuations, estimates, specifications, or similar documents not prepared by them or not executed under their direct supervision, it is considered a serious violation.
- False Representation of Supervision:
- Representing oneself as having supervised electrical construction, installation, operation, maintenance, manufacture, repair, teaching, or distribution of electrical equipment without actually having done so is a significant offense.
Procedure for Revocation and Suspension
The procedure for revocation or suspension involves several steps to ensure fairness and due process:
- Filing of Charges: Any person, firm, association, or corporation can file charges against a licensee. Additionally, the Board may initiate an investigation on its own (motu proprio). Charges must be in writing and sworn to by the complainant.
- Notice and Hearing: Upon receiving charges, the Board issues a notice to the respondent, who is then entitled to a speedy and public hearing. The respondent has the right to confront and cross-examine witnesses.
- Board Decision: After the hearing, the Board makes a decision. If the decision involves revocation or suspension, it is final and executory unless appealed.
- Appeal Process: The respondent can appeal the Board’s decision to the Commission within fifteen days of receiving the decision. Further, the decision of the Board or Commission can be appealed to the Court of Appeals in accordance with the Rules of Court.
Implications of Revocation and Suspension
The revocation or suspension of a certificate of registration has significant implications for the professional involved:
- Loss of Professional Standing:
- The individual loses their right to practice their profession, impacting their career and reputation.
- Legal and Financial Consequences:
- The professional may face legal consequences and financial losses due to the inability to work in their field.
- Public Trust and Safety:
- Such disciplinary actions are essential to maintaining public trust and ensuring safety. They serve as a deterrent to unethical or negligent behavior within the profession.
Conclusion
The revocation of certificates of registration and suspension from the practice of the profession as stipulated in Republic Act No. 7920 is a critical mechanism to uphold the integrity and standards of the electrical engineering profession in the Philippines. By understanding the grounds, procedures, and implications of such disciplinary actions, professionals can better adhere to ethical practices and contribute to the safety and welfare of the public. The Act not only protects the public but also ensures that the profession remains respected and credible.
Source: Sec. 29. Revocation of Certificates of Registration and Suspension from the
Practice of the Profession of REPUBLIC ACT NO. 7920 – AN ACT PROVIDING FOR A MORE RESPONSIVE AND COMPREHENSIVE REGULATION FOR THE PRACTICE, LICENSING, AND REGISTRATION OF ELECTRICAL ENGINEERS AND ELECTRICIANS
