CIVIL ENGINEERING

LAW
Approved , June 17, 1950

Republic Act no. 544

 INTRODUCTION
The Civil Engineering Law, Republic Act No. 544,
which governs the practice of Civil Engineering in
the Philippines, was last amended 59 years ago
and as amended R.A. 1582.

Since then, the number of registered Civil

Engineers has grown to over today. A new role
for the Civil Engineer has likewise evolved in the
light of globalization and cross-border practice.
Whereas before the civil engineer was confirmed
to the application of technical knowledge and
skill in the successful implementation and
completion of projects, the civil engineer is now
confronted with a broader range of issues to
deal with.
The civil engineer now has to face the challenges
of integrating the socio-economic and
environmental issues with the technical aspects
of the construction projects.
 The civil engineer is constantly challenged to
design and build developments in a manner that
is environmentally sound, socially acceptable,
and globally competitive

Republic of the Philippines, House of the

Representatives, QC
House Bill no. 5548, seeks to achieve the
following objectives:
1. To attune the law to the needs of national
development
2. To strengthen the profession and to enable
civil engineers to cope with the formidable
challenges brought about by globalization and
cross-boarder
3. To continually upgrade the level of
competence of a Civil Engineers through:
• Peer recognition of specialization in CE
• Continuing professional development
• Strengthening of the accredited
professional organization of CE.
4. To define more clearly the practice of civil
engineering in the Philippines by foreign
nationals.
5. To make the law better serve and safeguard
public interest by establishing a clear,
precise, and practicable, delineation of
professional accountability in the Civil
Engineering practice
CIVIL CODE OF THE
PHILIPPINES
Approved , June 18, 1949

Republic Act no. 386

Book IV, Obligations and Contracts
Title II: Contracts
R.A. 386
BOOK IV: Obligations and Contracts
Title II: Contracts
Chapter I: General Provisions

Article 1305. A contract is a meeting of minds between two persons whereby one binds
himself, with respect to the other, to give something or to render some service. (1254a)
Article 1306. The contracting parties may establish such stipulations, clauses, terms and
conditions as they may deem convenient, provided they are not contrary to law,
morals, good customs, public order, or public policy. (1255a)
Article 1307. Innominate contracts shall be regulated by the stipulations of the parties,
by the provisions of Titles I and II of this Book, by the rules governing the most
analogous nominate contracts, and by the customs of the place. (n)
R.A. 386
BOOK IV: Obligations and Contracts
Article 1308. The contract must bind both contracting parties; its validity or compliance
cannot be left to the will of one of them. (1256a)
Article 1309. The determination of the performance may be left to a third person, whose
decision shall not be binding until it has been made known to both contracting parties. (n)
Article 1310. The determination shall not be obligatory if it is evidently inequitable. In such
case, the courts shall decide what is equitable under the circumstances. (n)
Article 1311. Contracts take effect only between the parties, their assigns and heirs, except
in case where the rights and obligations arising from the contract are not transmissible by
their nature, or by stipulation or by provision of law. The heir is not liable beyond the value
of the property he received from the decedent.
If a contract should contain some stipulation in favor of a third person, he may demand its
fulfillment provided he communicated his acceptance to the obligor before its revocation.
A mere incidental benefit or interest of a person is not sufficient. The contracting parties
must have clearly and deliberately conferred a favor upon a third person. (1257a)
R.A. 386
BOOK IV: Obligations and Contracts

Article 1312. In contracts creating real rights, third persons who come into
possession of the object of the contract are bound thereby, subject to the
provisions of the Mortgage Law and the Land Registration Laws. (n)
Article 1313. Creditors are protected in cases of contracts intended to defraud
them. (n)
Article 1314. Any third person who induces another to violate his contract shall
be liable for damages to the other contracting party. (n)
Article 1315. Contracts are perfected by mere consent, and from that moment
the parties are bound not only to the fulfillment of what has been expressly
stipulated but also to all the consequences which, according to their nature, may
be in keeping with good faith, usage and law. (1258)
R.A. 386
BOOK IV: Obligations and Contracts

Article 1316. Real contracts, such as deposit, pledge and commodatum,

are not perfected until the delivery of the object of the obligation. (n)
Article 1317. No one may contract in the name of another without being
authorized by the latter, or unless he has by law a right to represent
him.
A contract entered into in the name of another by one who has no
authority or legal representation, or who has acted beyond his powers,
shall be unenforceable, unless it is ratified, expressly or impliedly, by the
person on whose behalf it has been executed, before it is revoked by the
other contracting party. (1259a)
CIVIL ENGINEERING
LAW
Approved , June 17, 1950

Republic Act no. 544

REPUBLIC ACT NO. 544
The Civil Engineering Law

“Under the bill, the Board of Civil Engineers shall be

authorized to administer oaths, issue, suspend and
revoke, investigate violations of the Act and of
regulations, issue subpoenas, inspect educational
institutions offering courses in civil engineering at least
once a year, among other things.”
ARTICLE III
EXAMINATION AND REGISTRATION
Section 10. Subjects of Examination
1. Mathematics, Surveying and Transportation Engineering
2. Hydraulics and Geotechnical Engineering
3. Structural Engineering and Construction

Section 12. Qualification for Examination

(a.) Be at least twenty-one years of age;
(b.) Be a citizen of the Philippines;
(c.) Be of good reputation and moral character; and
(d.) Be a graduate of a four-year course in civil engineering from a school,
institute, college or university recognized by the Government or the State
wherein it is established.
BOARD EXAM REQUIREMENTS:
• PSA Birth Certificate
• If the examiner is female and married, present original copy of
marriage certificate issued by PSA
• Transcript of Records w/ scanned picture and remarks “For Board
Examination Purposes”
• NBI Clearance
• Payment fee of 900 pesos
• Two (2) Certificates of Good Moral Character from any of the following:
- Barangay
- Church
- School
- Employer
Section 13. Oath of Civil Engineers. All successful candidates in the
examination shall be required to take a professional oath before the
Board of Civil Engineers or other Government Officials authorized to
administer oaths, prior to entering upon the practice of the civil engineering
profession.
Section 14. Seal and Use of Seal. All registered civil engineers shall
obtain a seal of such design as the Board shall authorize and direct:
Provided, however, That the serial number of the certificate issued by the
Board shall be included in the design of the seal. Plans and
specifications prepared by, or under the direct supervision of a
registered civil engineer shall be stamped with said seal during the life
of the registrant’s certificate, and it shall be unlawful for any one to
stamp or seal any documents with said seal after the certificate of
registrant named thereon has expired or has been revoked, unless said
certificate shall have been renewed or re-issued.
DEFINITION OF LAW
Definition of Law

1. “Law” is such a broad term, it is difficult to define.

The following statements convey some of the
meanings associated with the term:
2. Law means a rule of civil conduct; it commands
what is right and prohibits what is wrong.
Definition of Law

3. Law constitutes the rules under which civilized

individuals and communities live and maintain their
relationships with one another. It includes all legislative
enactments and established controls of human action.
Webster’s dictionary defines laws as “a binding custom
or practice of a community: a rule of conduct or action
prescribed or formally reorganized as binding or
enforced by a controlling authority.”
Definition of Law

4. “Law is that which is laid down, ordained, or

established. A rule or method according to which
phenomena or actions co-exist or follow each other.
That which must be obeyed and followed by
citizens, subject to sanctions of legal
consequences.”
Definition of Law

5. Law denotes those rules, standards, and principles

that are applied by courts in the decision of
controversies.
6. Law relates to such rules as are declared and
published by government as a means of developing
and maintaining order in society.
Definition of Law

7. Law includes court decisions as well as legislative

acts, and it is these applications of rules to facts
that often serve as the cutting edge of legal change.
Some basic divisions of law are discussed in the
following sections.