PAMANTASAN NG LUNGSOD NG MAYNILA

Intramuros, Manila

COLLEGE OF ENGINEERING AND TECHNOLOGY

Department of Civil Engineering

CIV 522

CE LAWS, CONTRACTS, SPECS AND ETHICS

Topic 1: History of CE Laws

Topic 2: Sample of CE Laws

Submitted by:
Flores, Lovely Miles D.
2012-20178

November 10, 2016

Submitted to:
Engr. Karen Leyson

HISTORY OF CE LAWS

In the late 1920s, group of civil engineers from the government sector
formed the Philippine Society of Civil Engineers (PSCE) which was the first
civil engineering organization in the Philippines with Engr. Marcial Kasilag as
its first president.[1][3]

In 1937, the Philippine Association of Civil Engineers (PACE) was

formed. This time, it was a group of civil engineers in the private sector with
Engr. Enrique Sto. Tomas Cortes as its first president.[1]

The objectives of both organizations were similar with each other in

which both of them wants to: "elevate the standards of the profession,
encourage research and engineering knowledge and technology, foster
fellowship among members, and promote interrelation with other
technological and scientific societies".

The PACE being the most active than the PSCE led to the transfer of
many PSCE members to PACE. In 1950, Republic Act No. 544 (also known as
the "Civil Engineering Law") was passed through the efforts of PACE
President Alberto Guevarra.[4]

In 1972, PACE President Engr. Cesar A. Caliwara, exerted a serious

effort in merging the two organization. Leaders of PACE and PSCE negotiated,
and talked about the choice of name. Some concerns were raised such as
formal accounting and turnover of assets and liabilities, accreditation of
bonafide members and election rules for the first officers which were sooner
resolved. These gave birth to the Philippine Institute of Civil Engineers Inc.
and on December 11, 1973, the Securities and Exchange Commission issued
a registration certificate to the association.

On February 1974, the first election of officers was held and Engr.
Cesar Caliwara became its first president. In order to truly unite the civil
engineers of the Philippines, provincial chapters were organized. In August
13, 1975, the Professional Regulation Commission (PRC) recognized the PICE
as the only official organization of civil engineers in the Philippines.
On July 24, 2012, Philippine President Benigno Aquino III issued a
declaration by virtue of Proclamation No. 439 signed by Executive Secretary
Paquito N. Ochoa Jr. and has declared November 2012 as Civil Engineering

Month to focus national attention on the importance of the civil engineering

profession.[5]

PICE now has more than 71,900 registered civil engineer-members in

97 chapters and some 25,390 civil engineering student-members in 174
student chapters throughout the country.
In 2003. The United Architects of the Philippines (UAP) and PICE signed
a joint resolution supporting the passage of Architecture and Civil
Engineering bills delineating their respective scope of practice and to
strengthen their collaborative efforts in common goals.[6]

The two professional groups through their leaders stressed the need
for the immediate passage of their respective bills, which would benefit their
hundreds of thousand members nationwide.

In 2004, the Architecture Act was passed and signed into law. But in
2005, a petition for declaratory relief filed on May 3, 2005 by the PICE and
Engr. Leo Cleto Gamolo to declare null and void Sections 302.3 and 302.4 of
the Revised Implementing Rules and Regulations (Revised IRR) of
Presidential Decree No. 1096 (the National Building Code). The said
provisions require that architectural documents submitted in applications for
building permits must be prepared, signed and sealed by architects. PICE
claim that the said sections of the Revised IRR, by effectively prohibiting Civil
Engineers from also preparing, signing and sealing architectural documents,
are contrary to the National Building Code and the Republic Act No. 544 (the
Civil Engineering Law), which purportedly gave Civil Engineers the said
right. After several court hearings at the Manila Regional Trial Court, the
PICE's motion was denied and the RTC ruled in favor of the architects. This
issue was brought by the PICE to the Court of Appeals.

In January 5, 2012, the Court of Appeals, in its decision granted the

appeal of PICE and reversed the Decision of the Regional Trial Court thus
giving the Civil Engineers the rights from preparing, signing and sealing
architectural documents

SAMPLE OF CE LAWS
1.

R.A. 544 (Civil Engineering Law)

Republic Act No. 544 (as amended by R.A. 1582) is an an act to

regulate the practice of Civil Engineering in the Philippines. This Act shall be known
as the Civil Engineering Law.
An Act to regulate the practice of Civil Engineering in the Philippines
Article 1, Section 2:
a.
The practice of civil engineering within the meaning and intent of this
Act shall embrace services in the form of consultation, design, preparation of plans,
specifications, estimates, erection, installation and supervision of the construction
of streets, bridges, highways, railroads, airports and hangars, port works, canals,
river and shore improvements, lighthouses, and dry docks; buildings, fixed
structures for irrigation, flood protection, drainage, water supply and sewerage
works; demolition of permanent structures; and tunnels. The enumeration of any
work in this section shall not be construed as excluding any other work requiring
civil engineering knowledge and application.
b.
The term civil engineer as used in this act shall mean a person duly
registered with the Board for Civil Engineers in the manner as hereinafter provided.
Article 2, Section4:
Powers and Duties of the Board. The Board for Civil Engineers is vested with
authority, conformable with the provisions of this Act, to administer oaths, issue,
suspend and revoke certificates of registration for the practice of civil engineering,
issue certificates of recognition to civil engineers already registered under this Act
for advanced studies, research, and/or highly specialized training in any branch of
civil engineering subject to the approval of the PRC, to investigate such violations of
this Act and the regulations, there under as may come to the knowledge of the
Board and, for this purpose, issue subpoena and subpoena duces tecum to secure
appearance of witnesses in connection with the charges presented to the Board, to
inspect at least once a year educational institutions offering courses in civil
engineering, civil engineering works, projects or corporations, established in the
Philippines and, for safeguarding of life, health and property, to discharge such
other powers and duties as may affect ethical and technological standards of the
civil engineering profession in the Philippines. For the purpose of this Act, the
Director of Public Works and/or his authorized representative in the provinces and
chartered cities shall be ex-officio agents of the Board and as such it shall be their

duty to help in the enforcement of the provisions of this Act. The Board may, with
the approval of the Professional Regulation Commission issue such rules and
regulations as may be deemed necessary to carry out the provisions of this Act. The
board shall also adopt a code of ethics in the practice of civil engineering and have
an official seal to authenticate its official documents.
Article 2, Section 5:
Section 5. Qualifications of Board Members. Each member of the Board shall,
at the time of his appointment:
a.

Be a citizen and resident of the Philippines;

b.

Be at least thirty years of age and of good moral character;

c.
Be a graduate of civil engineering from a recognized and legally
constituted school, institute, college or university.
d.
Be a registered civil engineer duly qualified to practice civil
engineering in the Philippines;
e.
Have practiced civil engineering, with a certificate as such, for a period
of not less than ten years prior to his appointment.
f.
Not be a member of the faculty of any school, institute, college, or
university where civil engineering course is taught, nor have a pecuniary interest in
such institutions;
g.
No former members of the faculty of any school, institute or university
where civil engineering is taught can become a member of the Board unless he had
stopped teaching for at least three consecutive years.

2.

P.D. 1746 (Construction Industry Authority of the Philippines)

November 28, 1980, created the Construction Industry Authority of the

Philippines (CIAP) to promote, accelerate and regulate the growth and development
of the construction industry in conformity with the national goals.
The Construction Industry Authority of the Philippines (CIAP) promotes,
accelerates, and regulates the construction industry through its various
implementing boards.
WHEREAS, the construction industry constitutes an important segment
of the industrial sector and contributes significantly to the gross national product of
the Philippines;
WHEREAS, construction is now a major industry, accounting for more
than five hundred thousand workers and providing livelihood to more than three
million Filipinos;

WHEREAS, the construction industry has begun to venture into

international markets, generating foreign exchange and providing greater
employment to Filipino workers;
WHEREAS, the orderly growth and development of the construction
industry and the upgrading of the capability of construction contractors are in
consonance with national interest and will benefit both public and private sector;
WHEREAS, the continued growth and development of the construction
industry requires an increasing number of skilled construction workers; and
WHEREAS, such growth and development have been hampered by the
lack of cohesive government policies and the absence of a central agency to deal
with the problems of the industry and to coordinate with other government agencies
on matters affecting the industry.

3.

R.A. 4566 (Contractors License Law)

AN ACT CREATING THE PHILIPPINE LICENSING BOARD FOR CONTRACTORS,

PRESCRIBING ITS
POWERS, DUTIES AND FUNCTIONS, PROVIDING FUNDS THEREFOR, AND FOR
OTHER PURPOSES.
Section 1. Title of Act. This Act shall be known as the "Contractors' License
Law."

Article 1 Section 2
Composition of the Board. To carry out the purpose of this Act, there is hereby
created a "Philippine Licensing Board for Contractors", under the office of the Board
of Examiners, hereinafter referred to as the Board, consisting of a Chairman and two
other members who shall be appointed by the President of the Philippines, with the
consent of the Commission on Appointments.
Article 1 Section 4
. Term of office. The Chairman and members of the Board shall hold office for
a term of three years. The members of the Board first appointed shall hold office for
the following terms: Chairman for three years; one member for two years; and the
other member for one year.
Any member of the Board may be removed by the President of the Philippines
for neglect or dereliction of duty, incompetence, malpractice, and unprofessional,
unethical, immoral or dishonorable conduct: Provided, That in the course of
investigation, the President of the Philippines shall have the power to suspend such
member under investigation and designate a temporary member in his place.

Vacancies in the Board shall be filled for the period of the unexpired term
only.
Article 4, Section 2
Section 20.Qualifications of applicants for contractors' licenses. The Board
shall require an applicant to show at least two years of experience in the
construction industry, and knowledge of the building, safety, health and lien laws of
the Republic of the Philippines and the rudimentary administrative principles of the
contracting business as the Board deems necessary for the safety of the contracting
business of the pubic. For the purpose of this section, a partnership, corporation, or
any other organization may qualify through its responsible managing officer
appearing personally before the Board who shall prove that he is a bona fide
responsible officer of such firm and that he exercises or is in a position to exercise
authority over the contracting business of his principal or employer in the following
manner: (1) to make technical and administrative decisions; and, (2) to hire,
superintend, promote, transfer, lay off, discipline or discharge employees.

4.

P.D. 1167 (Overseas Construction Incentives Decree)

DEVELOPING AND REGULATING THE OVERSEAS CONSTRUCTION

INDUSTRY, PROVIDING INCENTIVES THEREFORE, AND FOR OTHER PURPOSES
WHEREAS, it is a primary concern of the government to promote and
stimulate national economic development by embarking on an aggressive export
promotion program;
WHEREAS, overseas construction operations provide an opportunity for
the exportation not only of materials and commodities, but also of labor skills and
technical and managerial expertise;
WHEREAS, these construction opportunities abroad would be most
effectively availed of with organized, coordinated, and sustained efforts, and
government encouragement and support;
WHEREAS, many Filipino construction contractors who have the
experience and skills have organized themselves, and are in a position to undertake
overseas construction work;
WHEREAS, success in overseas construction operations will bring not
only economic benefits, but also confidence and pride in the nation's capabilities

5.

R.A. 9184 (Government Procurement Reform Act)

AN ACT PROVIDING FOR THE MODERNIZATION, STANDARIZATION AND

REGULATION OF THE PROCUREMENT ACTIVITIES OF THE GOVERNMENT AND FOR
OTHER PURPOSES
Article 1, Section 3:

Section 3. Governing Principles on Government Procurement.

All procurement of the national government, its departments, bureaus, offices
and agencies, including state universities and colleges, government -owned and/orcontrolled corporations, government financial institutions and local government
units, shall, in all cases, be governed by these principles:
a.
Transparency in the procurement process and in the implementation of
procurement contracts.
b.
Competitiveness by extending equal opportunity to enable private
contracting parties who are eligible and qualified to participate in public bidding.
c.
Streamlined procurement process that will uniformly apply to all
government procurement. The procurement process shall simple and made
adaptable to advances in modern technology in order to ensure an effective and
efficient method.
d.
System of accountability where both the public officials directly or
indirectly involved in the procurement process as well as in the implementation of
procurement contracts and the private parties that deal with government are, when
warranted by circumstances, investigated and held liable for their actions relative
thereto.
e.
Public monitoring of the procurement process and the implementation
of awarded contracts with the end in view of guaranteeing that these contracts are
awarded pursuant to the provisions of this Act and its implementing rules and
regulations, and that all these contracts are performed strictly according to
specifications.
Article 6, Section 17:
6.

P.D. 1096 (National Building Code of the Philippines)

Section 102. Declaration of Policy. It is hereby declared to be the

policy of the State to safeguard life, health, property, and public welfare, consistent
with the principles of sustainable planning, design, construction, use occupancy,
operation, maintenance and management administration, in line with sound
management practices for both the natural and built environments; to this end, the
purpose of this Act must be to provide for all buildings structures and their grounds
sites, a framework of minimum standards and requirements to regulate and control
their location, siting, planning and design, quality of materials, construction, use
occupancy, operation, maintenance and management administration.

7.

P.D. 1185 (Fire Code of the Philippines)

WHEREAS, death and injury to persons and loss and damage to

property by fire have reached alarming proportion that the economic and social
gains of the society are being continually undermined;

WHEREAS, in order to effect a meaningful reduction of the alarming fire

losses, there is a need to develop national consciousness and involvement of all
persons in the prevention and suppression of fires;
WHEREAS, fire prevention and suppression require the adoption of
uniform fire safety standards, the incorporation of fire safety construction and
provision of protective and safety devices in buildings and structures;
WHEREAS, there is an urgent need for an agency primarily responsible
for the implementation and coordination of the activities of all sectors of society on
fire safety, prevention and suppression;
WHEREAS, in order to effectively implement all efforts to minimize the
occurrence of fires and their destructive effects, full financial, equipment and
personnel support by the government and the private sector is necessary

8.
P.D. 1594 (PRESCRIBING POLICIES, GUIDELINES, RULES AND
REGULATIONS FOR GOVERNMENT INFRASTRUCTURE CONTRACTS)
WHEREAS, there is a need to adopt a comprehensive, uniform, and
updated set of policies, guidelines, rules and regulations covering government
contracts for infrastructure and other construction projects in order to achieve a
more efficient and effective implementation of these projects.
Section 1. Policy Objectives. It is the policy of the government to adopt
a set rules and regulations covering government contracts for infrastructure and
other construction projects which shall:
(a) bring about maximum efficiency in project implementation and minimize
project costs and contract variations through sound practices in contract
management;
(b) promote a healthy partnership between the government and the private
sector in furthering national development; and
(c) enhance the growth of the local construction industry and optimize the
use of indigenous manpower, materials and other sources.
9. P.D. 1295 (CREATING THE NATIONAL ENGINEERING CENTER)
WHEREAS, the country's continuing and accelerated efforts at national
development and well-being require progressive and adequate technological
utilization and diffusion;
WHEREAS, more rapid national development further demands a steady
and expanding supply of technical manpower with expertise in the various fields of
technology and engineering and an updating of existing technical manpower;
WHEREAS, a continuing interaction between government, industry and
the university is mutually beneficial and in the interest of national development;
and

WHEREAS, to meet the above-mentioned demands it is necessary to

provide adequate support so that existing programs for the development of
qualified manpower and research on technological development can be
strengthened, improved, and expanded;
The National Engineering Center (NEC) was established as per P.D. No.
1295. It is an agency supported by the National Government and by the UNDP. The
NEC will be an umbrella body under which the non-teaching activities of the college
will be administered. These units include: The National Hydraulics Research Center
(NHRC), the Training Center for Applied Geodesy and Photogrammetry (TCAGP), the
UP Industrial Research Center (UPIRC), and the Transport Training Center (TTC), and
the Building Research Services (BRS)

10.

P.D. 856 (Code on Sanitation of the Philippines)

WHEREAS, the health of the people, being of paramount importance,

all efforts of public services should be directed towards the protection and
promotion of health; and
WHEREAS, with the advance in the field of sanitation in recent years,
there arises the need for updating and codifying our scattered sanitary laws to
ensure that they are in keeping with modern standards of sanitation and provide a
handy reference and guide for their enforcement