[INSIGHT] At the Intersection of Law and Engineering
By Engr. Edward Joseph Maguindayao & Engr. Jhenroniel Rhey T. Sanchez -
The Nature of a Profession
What is your profession? Some would answer the question with their employment, but the word more properly refers to those lines of work that have formal qualifications before one can perform them. These formal qualifications are provided for by the Government through statute, which begs the question: why can the Government prescribe rules and regulations for the practice of professions?
One of the inherent powers of a State is the exercise of police power. Put bluntly, it is the power to prescribe limitations to its citizens’ liberties to promote their general welfare. Criminal laws are an example of police power, but so are food safety and workplace regulations laws. In the same way, imposing regulations on the practice of professions is the State exerting its police power. Minimum qualifications before entry to the profession, agency oversight on the profession, and the other aspects of professional regulation all have the aim of providing the citizens with competent, skilled individuals in the various fields requiring such specialized knowledge.
What does the Constitution say?
Under Article XII, Section 14 of the 1987 Constitution, the State promotes, “The sustained development of a reservoir of national talents consisting of Filipino scientists, entrepreneurs, professionals, managers, high-level technical manpower and skilled workers and craftsmen in all fields”. The same Section also provides, “The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law.” From the Constitution itself then the State limits the practice of the profession to Filipino citizens.
There are also various laws regulating the professions, like Republic Act No. 7920 for the Electrical Engineering profession. In other words, it was the express intent of the Constitution that professionals should be Filipinos save in cases stated in each of the laws governing each profession. In particular, a provision in Republic Act No. 7920 or the New Electrical Engineering Law states provisions by which a foreign engineer is allowed to practice. Stated differently, our laws are on the defensive as regards the practice, that is, Filipinos are given the priority.
This is one of the practical examples of what can be described as the intersection of law and engineering. Most of the practice of professions - mostly those under the supervision of the Professional Regulation Commission--are under the ambit of their respective laws and implementing rules and regulations, that is, a license required to practice the profession. In essence, law intersects with all of the professions as it sets the rules, basic requirements, and limitations of each profession.
To the extent that laws govern each profession, the implementation of the practices in each profession is a different matter altogether. In the Philippines where we have yet to fully streamline our processes, reconcile old regulations with new ones, and update those that have outlasted their intended purpose, over or under-regulation. Lobby, interest, and cause-oriented groups and non-governmental organizations have pushed for their own agenda and act as the balancing act among a gamut of agenda, not necessarily limited to consumers vs big businesses.
This intersection of law and science then becomes inevitable. Law provides the structure and order according to which parties are bound to follow. Science provides the standards and technical specifications based on sound theory and actual practice. Ideally, this collaboration encompasses different areas - academia, industry, and government and the overlap between and among each of them.
This emerging field is slowly being recognized. Abroad, this is being explored in the university setting. The transition to the Fourth Industrial Revolution not only puts forth the problem of digitization but also the potential loss of jobs due to automation--labor, productivity, and the human dimension. Moreover, there is also the perspective that before this transition happens, we should strive to first make technology accessible to everyone, that is, provide for their basic needs first so that we are all on equal footing.
Issues on the Practice of the Profession
One issue inherent in the nature of professional regulation is that the State enacts it by statute. Granted, the various Boards under the Professional Regulatory Commission have some discretion in executing the statute’s provisions through their promulgation of implementing rules and regulations, these still have to remain within the bounds of the law. Thus, State regulation can sometimes fail to keep pace with current developments in the professional field it is regulating.
A program that can fill this gap is the implementation of the Continuing Professional Development that aims “to promote and upgrade the practice of professions in the country.” There were initial protests with its implementation that resulted in changes as the program had its birthing pains.
Despite these various issues, the CPD program remains an attempt to have the professions kept as up-to-date as possible with the latest advancements in their various fields.
Moreover, the intersection of law and engineering requires greater cooperation between the two professions. For example, a proposed bill amending RA 7920 is pending at the committee level in the Senate. Among other things, the bill introduces the addition of “more substantive provisions on the Field of Practice of Responsible Character which refers to the high level of experience, confidence, and a sound understanding of accountability…” Furthermore, a provision to incorporate the K-12 program opening opportunities for senior high school graduates was included. We hope this bill can be tackled, as with other proposals in place (if any) for other professions as soon as politics subsides right after the May 2022 elections.
Another aspect that we can review is how laws and their implementation can sometimes serve as a barrier to achieving the original intent of the law. Some questions we can raise are: do the regulations set in place just lengthen the process or are they necessary in achieving the intended goal? Are our industries under- or over-regulated? How can we achieve the same result without compromising the different sides, which are not necessarily in opposition to each other such as say businesses and consumers?
These self-reflection questions would compel those in the practice of the profession to continually evaluate the cooperation among sectors - the government, private sector, professional organizations, the academia, and end-consumers. For example, if the goal is to lower the price that consumers pay for electricity, do the protective measures that ensure and encourage competition make matters easier or more complicated?
There needs to be a constant assessment if the policies we have in place serve their initial intent. While this may sound intuitive, we can take a cue from Albert Einstein who is often quoted as saying “The definition of insanity is doing the same thing over and over again and expecting a different result.” In other words, all comments and constructive criticisms are welcome from all concerned groups and individuals.
Looking Forward
Finally, the intersection of law and engineering does not cover the many equally important disciplines. But at this intersection lies the challenge of bringing together the two fields for the general advancement of humanity. This is not an issue of a tough balancing act nor who gets the share of the credit. Rather, this is recognizing the commonalities on which two fields could work together and acknowledging the nuances in each, through mutual respect without losing the goals in sight.
With the recent United Nations Climate Change Conference or COP26, leaders, negotiators, civil society, and stakeholders are called to discuss what’s best for the planet. Among many professions, lawyers and engineers will matter in crafting better laws and innovating solutions. Laws will be necessary to put order and equalize the playing field. Engineering solutions such as inventions, new discoveries, and ways of doing things that will hopefully mitigate our problems are crucial if we are going to meet our self-imposed targets.
The future might look bleak at the moment, but that just stresses the importance of collaboration to correct the mistakes of the past to create a better world.
Edward Joseph H. Maguindayao obtained his engineering degree from UP Los Baños and is currently taking up his graduate studies at UP Diliman.
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