JBCardenas 1982

ECE Laws Codes Ethics and

Standards
Work in Progress

E-Leaning Module available

Checklist

Work in progress

Common to other courses

Common to other modules

Maybe copied to answer sheets

OHP copy available

Course Lecture
Not normally
in hard copy.
This isprovided
Work in Progress
2016 Jose Cardenas, v Beta

Jose B. Cardenas, C.P.M. EE, ECE

JBC 2014~

ECE Laws

Branches of Law
Nature of Law
Divine Law
Natural Law
Moral Law
State Law
Physical Law

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Branches of State Law

Political Law
Labor Law
Civil Law
Tax Law
Commercial Law
ObliCon
Negotiable
instruments
Corporation and
partnership
Criminal Law
Remedial Law
Legal Ethics
ECE Laws 2

Subjects
Obligations and Contracts
Mode of study: Case presentation and Analysis
Group or student discuss chapter, present case, then student or group
presents their answer citing relevant articles etc that apply, and
then ask class for the reaction
Cases are initially pre-assigned, and at the later part of the course
could be student authored
Should cover a situation not earlier presented
Selected students shall be assigned to do a more in depth analysis
and submit a one page reaction paper, as well as required to ask
interesting and relevant questions
Research and self study, aspects relevant to practice of ECE/Engineering
ECE Radio Telecommunications Electronics Broadcasting Laws
Engineering and ECE Ethics
Corporation Law, e.g.: ECE being incorporators partners
Patent Law
International Procurement Standards (Comms and Elec equipment)
Technical Standards: PDH SDH mux rates, TL/FOC coler codes, etc
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Excerpts of Some Articles

Selected articles, New Civil Code
Article 1171
Responsibility arising from fraud is demandable in all
obligations. Any waiver of an action for future fraud is void
Article 1172
Responsibility arising from negligence in the performance of
every kind of obligation is also demandable, but such liability
may be regulated by the courts according to the
circumstances.
Article 1173
The fault or negligence of the obligor consists of the diligence
which consists in the omission of that diligence which is
required by the nature of the obligation and corresponds with
the circumstances of the persons, of the time and of the
place. x x x
If the law or contract does not state the diligence which is to
be observed in the performance, that which is expected of a
good father of a family shall be required.

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ECE Laws 4

Excerpts of Some Articles

Article 1156
An obligation is a juridical necessity to give, to do or not to do

Article 1163
Every person obliged to give something is also obliged to take
care of it with the proper diligence of a good father of a family,
unless the law or the stipulation of the parties requires another
standard of care.
Article 1170
Those who in the performance of their obligations are guilty of
fraud, negligence, or delay, and those who in any manner
contravene the tenor thereof, are liable for damages

In presentations, reports and reaction papers, the relevant articles

should be cited with excerpt of relevant content, then own-word
interpretation. For printed reports: including the impromtu end-ofterm discussions: IEEE multi-modal format with ID picture

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Excerpts of Some Articles

Continuation..
Article 1253
Pay principal first before capital
Article 1254
xx
Article 1306
Parties may setup contracts to their convenience so long as it
is lawful, moral, and not contrary to good custom and public
policies
Article 1403
Unenforceable unless ratified: by party with no authority, non
compliant to Statue of Frauds, both parties incapable of
giving consent

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ECE Laws 6

Cite Relevant Articles

For presentations: only those relevant to the answer given,
but have ready other articles that might be needed to
answer questions from the class
For written case analysis, cite the numbers only, though you
may use own-words to elaborate
For research reports, numbers only; same with other
sources, but include a bibliography

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ECE Laws 7

Some ECE Related Laws

Regulation of practice of ECE

Some examples of Code and Std:

Delivery of Public Telco Services

Electronic Commerce
Broadcasting
Delivery of Telco service
NTC organization various current circulars
Cable TV, Sat TV
Limits Radio and TV channels
Illegal connections

TIA/EIA: cable color codes

Radio bands; spectrum assignment
Mux standards: SDH PDH
Numbering plans
PCAB certification
Station band assignment
Separation between bands

ECE Manuals, Ethics Manual, NSPE, US SarbOx, OSHA, business codes, etc

Note: Consider latest and proposed versions, discuss old version only to
compare it with new. Discuss Philippine related laws, discuss other
countries only for comparison. In the discussion of a certain Law, include
also the affected technical Standards and Codes.
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ECE Laws 8

Corporation and International Commercial

Negotiable Instruments
A written document, signed, for the unconditional payment of money on
demand or a future time, payable to order or bearer, and if addressed to
drawee, he must be named with reasonable certainty
Some Business Matters
Partnership 2 or more persons bind themselves to contribute to a common
fund to get profit; personality distinct from partners
Incorporators signatory to articles, permanent, 5~15; corporators stock
holders any number
Share vs certificate of stock: interest if corporation intangible; evidence of
ownership tangible
Procurement Practices
Corporate governance: SarbOx, various Code of Ethics of local firms
Default international procurement practices, purchase orders

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ECE Laws 9

Ethics Case Methodology

Cases are multi-dimensional, with more than one controversy
Ethical aspect
deontological
teleological
Economic aspect
Win-win
Zero sum
Political aspect
Free market
Intervention
Socialism
Organize data
Put it all together
Resolution of all controversies
Do Best vs Do Right
Definition of Good and Right
will vary with Individual
Do Bad is a No-No

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Ethics
Some Issues, In Engineering
Some Issues, In Research
Product and public safety
Authorship
Employee health
Bias, Conflict of Interest
Sexual harassments
Data management, statistics
Acid rain and environment
Mentoring
Waste disposal
Cover ups vs Privacy
Professional Ethics
Inappropriate gifts, bribery extortion
Hacking, spreading viruses
Dealings with other stake holders and public
HW4 sampler:
See www starbucks.com/aboutus/So_Bc_FY09_eng.pdf
List 3 aspects that you most like, explain
List 3 aspects that you least like, explain
Create one for a hypothetical company you own

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In Summary
Ethical Behaviour = Character + Moral Reasoning
Focus on outcomes vs duties and rules
Greatest good for greatest number, discerning which is good, time element
Interpretation or Rules

Piety

No benefit both self and others

(You may fail course)

+
Predation

Benefits others only

Altruism

Quadrants

Benefits both self and others

Egotism

Benefits self only

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Character Self Survey

Attribute: List your own for ownership
Degree
OK
deficient
Perserverance
Pride
Wisdom
Curiousity
Ingenuity
Spirituality
Perspective
Judgement
Open Mindedness
Critical Thinking
Justice
Loyalty

Degree
Excess

Degree
deficient

OK

Degree
Excess

Compassion
Courage
Emotional Intelligence
Gratitude
Love
Self Control
Mercy
Honesty
Prudence
Optimism
Out-of-the-box Thinking
others

Character is one of two components that determines ethical behavious. Do a

periodic survey, and also as a friend to rate you. You develop your own list of
attributes for ownership and accountability.

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ECE Laws 13

The XYZ Case

X the supervisor, informed Y the technician that the computer system crashed due
to a power surge. After sometime, Y reported back to X that repairs can be made for
P20,000. X reported the same to the Chief Finance Officer who then instructed Y to
dig up all the underground and building cabling before the insurance adjustor
appears. P500,000 could then be claimed from the insurance company. Y refused.
When later Z the newly hired manager and Xs boss, heard about it he
congratulated Y for his integrity. Y said that it doesnt matter because X earlier
instructed him to do it. There is no confidential mechanism in place for reporting
wrong-doings internally, and no legal protection for whistle blowers. The company
is also losing business and have to refund some of its customers. There are rumors
this is not the first time the company made spurious insurance claims. Assume you
are Z, an ECE engineer. Explain from both deontological and teleological
perspectives. What will you do, and why?

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ECE Laws 14

Mga Bayani Case

Jose Bonifacio, the majority stockholder and chairman of the board of directors of Bayani Company, was
dissatisfied with the top executives of the company, a manufacturer of LED screens. The stockholders
had invested P50 million and the return on their investment had been poor for the past 3 years. In the last
meeting of the Board at the start of the year, Bonifacio fired the chief executive officer and (with Board
approval) appointed himself as the new CEO. At the first management meeting, he asked two of the
managers to stand up and then fired them on the spot. At the budget review meeting that followed, he
ripped up the departmental budgets that had been submitted for his review and yelled at the managers for
submitting weak targets. He then ordered everyone to submit new budgets calling for at least a 13%
increase in sales and announced that he would not accept excuses for results that fell below target.
Andres Mabini, an ECE engineer working for the production manager, discovered toward the end of the
year that his boss, Manuel Aguinaldo, had not been scrapping defective LED screens that had been
returned by customers. Instead, he had been shipping them (repaired) as new to customers in order to
avoid booking losses and increase production output. Quality control had deteriorated during the year as
a result of the higher production rate and returns of defective screens were running as high as 17%
(previously 3%) of the new screens shipped. Mabini even managed to derive an equation showing linear
relationship between production volume and returns. When he confronted his boss with his discovery,
Manuel told him to mind his own business. And then, in the way of a rationalization for his actions,
Manuel said, Lahat kaming manga managers ay ginagawa lahat nang paraan para maabot ang target.
Manuel Aguinaldo and Bonifacio are both ECE engineers, Rizal from MIT and Bonifacio from the other
MIT. Bonifacio also has an MBA from Ateneo. STATE THE CORE ETHICS PROBLEM THEN
SOLVE,
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ECE Laws 15

Mind Control Case

You -- an ECE engineer, are leader of a team of Filipino drone experts and
engineers. Your team developed a unique way to control drones through brain wave
technology (very unique at this time), and monitor them through voice technology
(quite rare but with few competitors). The safety issues with these new
technologies are unknown but expedient product to market timing is critical
meaning you have to be ahead of competitors.
You want to develop, manufacture and sell the technology (not actual drones). You
dont have money you need 1000, including working capital to develop prototypes.

Problem 1: prepare a 3 minutes presentation with a target audience comprised of

angel investors and venture capitalists to give you all the money needed to finance
the project. Your class mates are the potential investors. You must be able to
convince them the concept is extremely profitable. Identify also your target market
or customers.
Problem 2: List the rights and obligations of all stakeholders: you, the financiers,
design team, customers; citing relevant reference as much as possible. Again: it is
the technology and not the drones that is your major concern.
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ECE Laws 16

3 More Cases or CWs

1. Solidary debtors B and D owe solidary creditors A and C 20,000 at 10% interest
per on annum on original principal. D paid C 5,000 after one year and B paid A
15,000 after another six months. D paid all the remaining if any to A after 3
months from previous payment. How much was the last payment, explain in
detail how much for principal and how much for interest. Explain also the rights
and obligations of all parties after the last payment. Cite relevant articles
(number only)
2. A obligated himself to deliver to B 75 pigs and to C 25 pigs. B in turn is obligated
to deliver to A 75 (similar) pigs. It costs 10% more to deliver a pig to A than to B
or C, delivery to B costs P1000 per pig. These is confusion and merger between
the persons of B and C. Detail or list all possible delivery options or alternatives
to completely extinguished all obligations, e.g.: actual/partial deliveries, full and
partial compensation, etc... Then choose which is best for A and for B.

3. Explain briefly but completely and clearly in your own words the similarities and
differences between these contract types: valid, voidable, non-existent,
unenforceable, reccissible, remediable, and simulated. Provide clear, short and
simple examples. Then summarize in table format the comparison by identifying
and differentiating key elements.
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Group SW 01
Clare, as a Quality Assurance Engineer at a large electronics company is responsible for the
final testing of her companys servers and is part of a team which decides when new products
will be shipped to distributors for sale.
Clares company has a contract with another company which makes the chips which are
incorporated into the servers Clares company makes. The business model for this product is
to release a new generation server approximately every six months, meaning she has a limited
timeframe to conduct her Quality Control tests.
Because there is such a short amount of time between the release of each next new product,
the Quality and Assurance department cannot perform every possible test on the servers to
ensure they are defect free. Clare will not ship a product if there is any possibility that the
server could malfunction and cause physical harm to the customer. However, she will ship a
product that has a higher likelihood of failure resulting in data loss for the customer, because
she knows that if she doesn't, her company's competitor will.
Is this an ethical way to conduct business? How should she determine when to ship a product
with known defects?

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Group SW 02
Clare was recently promoted to a managerial position at her industrial engineering company.
With her new position, she is now responsible for overseeing the companys production
factory, meaning approximately 50 factory workers now report to her. Although Clare
previously worked as an engineer and does not have any experience running a factory, she is
excited to begin her new position.
At the end of her first day, Clare is confused to see her factory workers continuing to work
well past the end of their 8-hour shift. She then goes to the factory supervisor (who reports to
her) to express concern because the factory does not have the budget to pay so many workers
overtime. The supervisor smiles at Sarah and explains that the factory meets production goals
by making the factory workers work off the clock. The workers are well aware of this
expectation and went along with it in order to keep their jobs. Clare is shocked to learn this
illegal practice had become part of the company culture, but the supervisor explains that the
companys CEO (who is Clares boss) is well aware of this expectation.
What should Clare do?

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ECE Laws 19

Group SW 03
SDX Alliance is a large company that sells computers, computer components, and software.
Clare is hired as an entry-level software engineer at SDX Alliance. Her first project was to
assist in writing the code for SDX Alliances new hard disc controller. He had previously
worked on a similar system interning at a start-up and had written a code which greatly
enhanced the performance of their product. Clare quietly re-uses this same code in the SDX
Alliance product, and does not think to tell anyone that she has used the code from her last
job. Her manager is thrilled with the speed improvements this code brings to the product.
Before the product is released, it has to undergo a four-month long quality assurance process
review. During the review of the product, it was found the code which Clare developed had
been copyrighted by the startup she had previously worked for. Even though Clare had
developed the code, her previous company still owned the intellectual property rights to it.
When her manager informed Clare of the problem, She admits she did not realize he had made
a mistake because she was not familiar with copyright laws. Clare then goes on to explain that
the start-up she used to work for is now out of business and is unsure if SDX Alliance would
be able to get in contact with the owner of the copyright. If SDX Alliance cant use Clares
code, then it will have to rewrite the entire code of the product, delaying its release by many
months.
What should they do?
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Group SW 04
Jocelyn is an intern at an power electronics startup. On her first day of work, she was shown
around a laboratory where she would complete most of her projects. During this time, she was
also introduced to nine male interns who would be sharing the same lab space. Since the lab
could only accommodate five interns at a time, a vote was held to determine who would work
in the lab during the day (e.g. 8am to 4pm) and who would work at night (e.g. 4pm to 12am)
during certain days of the week. The morning shift was a popular option for a majority of the
interns; Jocelyn was fortunate to be selected for four (out of five) morning shifts. Weeks
passed. Jocelyn had been enjoying her work and almost completed one of her projects.
However, one day, a fellow intern asked how she was doing. Jocelyn commented that she was
good but tired. The intern replied that Jocelyn had no reason to be tired because [she was]
working mostly day shifts. Jocelyn was offended, but chose to ignore his comment. The next
day, she ran into several interns, one of whom was the one she encountered the previous day.
At some point in groups conversation, the same intern made a remark about how Jocelyn
always got her way because she was a girl. Jocelyn was upset; however, because she did not
want to cause a scene, chose again to ignore his remark. During the following weeks, Jocelyn
tried to avoid the intern who made the inappropriate comments. However, certain settings
forced her to interact with him and, in those times, he made a point to make Jocelyn feel
guilty and trivial. Because she did not observe him behave condescendingly towards the other
interns, Jocelyn speculated that her colleague held a prejudice towards female engineers.
How should Ramona respond?
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Group SW 05
On June 13, 1999, Coke recalled over 15 million cans and bottles after the Belgian Health
Ministry announced a ban on Coke's drinks, which were suspected of making more than 100
school children ill in the preceding six days. This recall was in addition to the 2.5 million
bottles that had already been recalled in the previous week. The company's products namely
Coke, Diet Coke and Fanta had been bottled in Antwerp, Ghent and Wilrijk, Belgium while
some batches of Coke, Diet Coke, Fanta and Sprite were also produced in Dunkirk, France.
Children at six schools in Belgium had complained of headache, nausea, vomiting and
shivering which ultimately led to hospitalization after drinking Coke's beverages. Most of
them reported an 'unusual odor' and an 'off-taste' in the drink. In a statement to Reuters, Marc
Pattin, a spokesman for the Belgian Health Ministry explained the seriousness of the issue:
"Another 44 children had become ill with stomach pains, 42 of them at a school in Lochristi,
near Ghent, northwest Belgium. In the same week, the governments of France, Spain and
Luxembourg also banned Coke's products while Coke's Dutch arm recalled all products that
had come from its Belgium plant. The entire episode left more than 200 Belgians and French,
mostly school children, ill after drinking the Coke produced at Antwerp and Dunkirk.
As part of a damage control exercise, Coke sent a team of scientists to Europe. And after a
week, Coke's chairman and CEO Michael Douglas Ivester said, "We deeply regret any
problems encountered by our European consumers in the past few days." Coke Belgium even
announced that it would reimburse the medical costs for people who had become ill after
consuming its products. Comment.
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Group SW 06
In May 2000, the NHTSA in the US issued a letter to the Ford Motor Co. and Firestone Inc.
asking for information about the high incidence of tire failures on the Ford Explorer Sport
Utility Vehicles. During July, Ford analyzed the data on tire failures. The analysis revealed
that Firestone Radial 15 inch ATX and ATX II tires produced in North America and
Wilderness AT tires produced at Decatur, Illinois Plant had very high failure rates with the
treads peeling off. When the tires failed, the vehicle often rolled over and killed the occupants.
In August 2000, Firestone amid concerns over tread separation, accidents, injury and death
announced a voluntary recall of all 3.8 mn Radial ATX and ATX II tires, and 2.7 mn
Wilderness AT tires.
Analysts felt that there were as many as 250 deaths and more than 3000 injuries associated
with the defective tires. Most of the deaths occurred in accidents involving the Ford Explorer
and the victims and their families filed hundreds of lawsuits.
In May 2001, Firestone announced that it was severing its ties with Ford and alleged that the
problems in the Ford Explorer caused 174 deaths. Firestone alleged that Ford was trying to
divert attention from the problems with Explorer. Comment.

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ECE Laws 23