with the following configuration i got this on the scope. So i guess we are in a good path.

To mention that the main OSC is at 64Mhz using HPWM on the PIC18f26K22 on portc.2

Code:
TRISC.2 = 0          ' CCP1 (PortC.2 = Output)
PR2 = 104            ' Set PWM Period for approximately 38KHz
CCPR1L = 52          ' Set PWM Duty-Cycle to 50% (011010010) 210>>2 = 00110100 = 52
T2CON = %00000101    ' Timer2 ON + 4 prescale
CCP1CON = %00001100  ' Mode select %00001100 = PWM
Name: 38khz frequency.jpg Views: 1647 Size: 403.1 KB

all thanks to Richard.

now im going on the next step.