Professional Documents
Culture Documents
MELAWSMANUAL
MELAWSMANUAL
ME LAWS
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REPUBLIC OF THE PHILIPPINES
CONGRESS OF THE PHILIPPINES
METRO MANILA
TENTH CONGRESS
Begun and held in Metro Manila, on Monday, the twenty-eight date of July,
nineteen hundred and ninety seven.
ARTICLE 1
TITLE, STATEMENT OF THE POLICY AND
DEFINITION OF TERMS
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(3) Management or supervision of the erection, installation, alteration,
testing and commissioning of mechanical equipment, machinery, or
processes in mechanical works, project or plant;
(e) Must not, for a period of three (3) consecutive years prior to
appointment, be a member of the faculty of any, school, academy, institute,
college or university where a regular course in mechanical engineering is
being taught, nor have pecuniary interest in or administrative supervision
over any such institute of learning;
(f) Must not, for a period of three (3) consecutive years prior to
appointment, be connected with a review center or in any group of
association where review classes or lectures in preparations for the
licensure examination are offered or conducted at the time of appointment;
and
Each member of the Board shall take his oath of office prior to the
official performance of the duties.
SEC 9. Power and duties of the Board. – The Board shall exercise
the following specific powers, functions, duties and responsibilities:
(k) Prepare, adopt, issue or amend the syllabi of the subjects for
examination;
SEC. 10. Annual Report. – The Board shall, at the close of each
calendar year, submit an annual report to the President of the Philippines
through the Professional Regulation Commission, giving a detailed account
of its proceedings and accomplishments during the year and making
recommendations for the adoption of measures that will upgrade and
improve the conditions affecting the practice of mechanical engineering in
the Philippines.
ARTICLE III
EXAMINATION, REGISTRATION AND LICENSE
The said subjects and their syllabi may be amended by the Board
so as to conform to technological changes brought about by continuing
trends in the profession.
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SEC. 22. Issuance of Certificates of Registration and Professional
License. – Upon payment of the registration fee as established by the
Commission, the Board shall issue a certificate of registration to any
applicant who has met all the requirements specified in this Act for the
particular category he is registered in.
ARTICLE IV
PRACTICE OF THE PROFESSION
a) 100 kW or over but not 300 kW: (1) certified plant mechanic or
one (1) professional mechanical engineer: Provided: That every mechanical
work, project or plant in this category in more than one shift in every twenty-
four hours, shall have addition to the minimum personnel herein required, or
one (1) certified plant mechanic, or one (1) mechanical engineer, or one (1)
professional mechanical engineer in-charge of each and every additional
shift.
b) 300 kW or over, but not more than 2000 kW: one (1)
mechanical engineer or one (1) professional mechanical engineer: Provided,
That every mechanical work, project, or plant in this category operating in
more than one shift every twenty-four (24) hours shall have, in addition to
the minimum personnel herein required at least one (1) mechanical engineer,
or one (1) professional mechanical engineer in-charge of each and every
additional shift.
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SEC. 36. Practice Not Allowed for Firms and Corporations. – The
practice of mechanical engineering is a professional service, admission to
which shall be determined upon the basis of an individual’s personal
qualifications.
ARTICLE V
PENAL AND CONCLUDING PROVISION
Approved.
FIDEL V. RAMOS
President of the Philippines
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Republic of the Philippines
Professional Regulation Commission
Manila
RULE I
TITLE, STATEMENT OF
POLICY AND DEFINITION OF TERMS
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e. CPE – Continuing Professional Education
f. C.A. No. 294, as amended by R.A. No. 5336 – Old Mechanical
Engineering Law
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RULE II
OFFICIAL SEAL OF THE BOARD
SEC. 4. Official Seal of the Board. – the official seal of the Board
shall be represented by a drawing of Hero’s steam engine. 1 st Century A.D.
consisting of a cylindrical kettle mounted on a three-legged metal support,
heated by firewood under the kettle with the two tubes attached vertically
inside the kettle opposite each other connected by a tube passing through a
spherical metal ball which revolves on its axis emitting steam at the opposite
side of the ball through small pipes.
RULE III
COMPOSITION, QUALIFICATIONS, TERMS OF
OFFICE AND MEETINGS OF THE BOARD
(e) Must not, for a period of three (3) consecutive years prior to
appointment, be a member of any school, academy, institute, college or
university where a regular course in mechanical engineering is being taught,
not have pecuniary interest in or administrative supervision over any such
institutions of learning;
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(f) Must not, a period of three (3) consecutive years prior to
appointment, be connected with a review center or with any group or
association where review classes or lectures in preparation for the license
examination are offered or conducted at the time of the appointment;
SEC. 9. Meetings of the Board. – The Board shall hold its regular
meeting once a month within the premises of the Commission or in such
other places as may be agreed upon by the Board and approved by the
Chairman of the Commission. A special meeting may be called by the
Chairman or the two members. The chairman shall preside over all meetings
of the Board. In the absence of the Chairman, the senior member, if any, or
the member designated by the Chairman shall preside.
RULE IV
DUTIES AND RESPONSIBILITIES OF THE
CHAIRMAN AND THE MEMBERS OF THE BOARD
SEC. 10. Duties and Functions of Chairman. – The chairman shall be the
head of the Board and as such, he shall equitably assign the subjects for
examination to the members; designate the member or the members who
shall preside during the hearing or investigation of administrative cases
where the issue involve concerns the practice of the profession or the
occupation; delegate the hearing or investigation of administrative cases
filed before the Board to the legal or hearing officers of the Commission
except where the issue strictly concerns the practice of the profession and to
assign members who shall undertake the visitorial functions of the Board.
He shall be responsible for the assignment of the other duties and
responsibilities to the members as well as the supervision and management
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of the work. The chairman shall be the spoke person of the Board in the
Commission and in other offices and agencies of the government in all the
pertains to and concerns the functions of the Board. He may delegate such
function to any of the members.
SEC. 15. Interpretation of the Provision of R.A. No. 8495 and the
Rules and regulations Promulgated Thereunder. – The Board may at first
instance, resolve issues or questions arising from the implementation of the
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provisions of R.A. No. 8495 in the form of opinions issued by the Board
through its chairman. It may also issue opinions on questions arising from
the implementation of its Rules and Regulations as well as the Code of
Ethics for mechanical Engineers.
RULE V
LICENSURE EXAMINATION FOR THE
PRACTICE OF MECHANICAL ENGINEERING
f. Curriculum Vitae
g. At least two (2) titles of proposed reports, each with a short
write-up and table of contents. Reports must be permanent, allied or
relevant to the experience of the applicant.
Design Experience
Maintenance and Operation
Fabrication and shop Practices
Installation
Others
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8. Any applicant who failed to pass the examination may apply for
re-examination after the lapse of at least one (1) year from the date of
notice of last failure.
b) Affidavit of applicant
c) Affidavit of Competency
e) Certificate of Experience
f) Engineering report
(The engineering report must conform with the following outline:)
f.3. Bibliography
Note: “b” and “e” may be placed as last pages on the
report.
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11. Ratings
Percentage Weight
a) Interview 50%
b) Report 50%
Percent Weight
III. Certified Plant Mechanic – The examination for Certified Plant Mechanic
may be written or oral on submitted statement of experience based on the
following subject matters with their corresponding percentage weighs:
Percent Weight
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boards of the Main and Regional Offices of the Commission and furnished to
all schools, colleges and universities offering the courses for licensure
examination for dissemination to their graduates.
RULE VI
REGISTRATION AND ISSUANCE OF
CERTIFICATES OF REGISTRATION AND LICENSES
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SEC. 36. Lifting of Deferment of Registration. – If the cause/s of
deferment of the registration of the successful examinee has/have been
complied with, the examinee shall be allowed to register as Professional
Mechanical Engineer, Mechanical Engineer, or Certified Plant Mechanic, as
the case may be, after taking the oath of professional and payment of the
required fees.
RULE VII
ADMINISTRATIVE PROCEEDINGS
2) Negligence
RULE VIII
REPORT ON THE PERFORMANCE OF THE
CANDIDATES OF SCHOOL, COLLEGES AND
UNIVERSITIES
SEC. 42. Report of the Board. - The Board shall, with the
assistance of the Public Information and Statistics Section of the
Professional Regulation Commission, prepare a report on the performance
of the examinees of schools, colleges or universities in the licensure
examinations for Mechanical Engineers and Certified Plant Mechanics. The
Board may recommend to the CHED: (1) the monitoring of schools,
colleges and universities, whether public or private, whose successful
examinees in three (3) consecutive licensure examination is less than 5% of
the total number of its candidates who took the said licensure examinations;
(2) the publication of the names of schools, colleges and universities whose
successful examinees in five (5) successive licensure examinations in a
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particular profession is less than five (5) percent of total number of
examinees of said schools, colleges or universities in each of the licensure
examinations taken; and (3) the phase-out of the course program.
RULE IX
SEAL AND USE OF SEAL OF
PROFESSIONAL MECHANICAL ENGINEERS
RULE X
REGISTRATION WITH OR WITHOUT EXAMINATION AND/
OR ISSUANCE OF SPECIAL/TEMPORARY
PERMITS TO FOREIGN MECHANICAL ENGINEERS
RULE XI
PROHIBITIONS, ENFORCEMENT AND PENALTIES
(2) Unless authorized under R.A. 8495, it shall be unlawful for any
person:
(3) It shall also be unlawful for any one to stamp or seal any
document with a seal of a Professional Mechanical Engineer
after the certificate of registration shall have been revoked or
cancelled.
RULE XII
INTEGRATION OF MECHANICAL ENGINEERS
RULE XIII
MISCELLANEOUS PROVISION
RULE XIV
TRANSITORY PROVISIONS
SEC. 56. The present Board shall continue to function in the interim
meeting such time as the new Board shall be constituted.
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RULE XV
SEPARABILITY AND EFFECTIVITY CLAUSE
SEC. 59. Effectivity. - This Rules and Regulations shall take effect
after thirty (30) days following its publication in full in the Official Gazette or
in a newspaper of general circulation, whichever comes earlier.
ANTONIO R. HERRERA
Chairman
ATTESTED:
CARLOS G. ALMELOR
Secretary, Professional Regulatory Board
APPROVED:
HERMOGENES P. POBRE
Chairman
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PART II
CONTRACTS
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CHAPTER I
INTRODUCTION TO CONTRACTS
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This kind of obligation is dictated bylaw like the obligation of husband
and wife to live with each other, observe mutual respect and fidelity, and
render mutual support, the obligation to pay taxes under the National
Internal Revenue Code, and the obligation of an employer to pay minimum
wage to the workers.
Rights to the fruits of the thing to be delivered. The creditor has the
right to the fruits of the thing from the time the obligation to deliver arises.
However, he shall acquire no real right over it until the same has been
delivered. This means that while the thing and the fruits have not been
delivered, the obligee acquires only a personal right. But once the thing is
delivered, the obligee acquires the real right of ownership.
Liability of obligor for fraud, negligence, delay, etc. Those who in the
performance of their obligation are guilty of fraud, negligence or delay, and
those who in any manner contravene the tenor thereof are liable for
damages. Delay exists when the obligor fails to fulfill his obligation on the
date agreed upon and after a demand by the oblige, either judicially (with
court intervention) or extra-judicially (outside a court) orally or in writing, has
been made on the obligor, whereas, fraud is simply the voluntary and
deliberate act of the obligor to evade or cheat for personal gain the
fulfillment of the obligation. In connection with negligence or fault, it consists
in the failure to observe for the protection of the interest of another person,
that degree of care, precaution and vigilance which is demanded by the
circumstances, and because of which the other party suffers damage or
injury.
(1) If the thing is lost without the fault of the debtor, the
obligation shall be extinguished;
(2) If the thing is lost through the fault of the debtor, he shall
be obliged to pay damages; it is understood that the thing is lost
when it perishes or goes out of commerce, or disappears in such a
way that its existence is unknown or it cannot be recovered;
(3) When the thing deteriorates without the fault of the debtor,
the impairment is to be borne by the creditor; the creditor may chose
between rescission of the obligation and its fulfillment, with indemnity
of damages in either case;
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is indebted to Y in the amount of P10,000.00. Instead of paying money, X
delivered a cd player worth the same amount which is accepted by Y.
Loss of the thing. The thing due is considered lost when it perishes,
or goes out of commerce, or disappears in such a way that its existence is
unknown or cannot be recovered. When the obligation consists of doing
something, there is loss when the prestation becomes legally or physically
impossible. On the other hand, an obligation consisting in the delivery of a
determinate thing shall be extinguished if it is destroyed without fault of the
debtor and before he has incurred delay. Example: X obliged himself to
deliver a specific Australian horse to Y. Before the agreed date of delivery,
the horse died without X’s fault. In this case the obligation is extinguished
because it consists of the delivery of a determinate thing. But if the
obligation is to delivery a generic thing, the loss or destruction of anything of
the same kind does not extinguish the obligation.
Condonation or remission. It is an act of liberality by which the oblige,
who receives no price or equivalent thereof, renounces the enforcement of
an obligation, which is extinguished in whole or in part. Example: Y is
indebted to X in the amount of P5,000.00. On the due date of the obligation,
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Y offered to pay but X renounces his right to collect as he won in the
sweepstakes. This is a complete remission. But if the renunciation is only
one-half, Y should still pay P2,500.00.
ANSWERS
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CHAPTER II
CONTRACTS
. Equality of parties under the contract. The law gives equal standing
of treatment upon the parties such that the validity or compliance with the
contract cannot be left to the sole will of one of them. Example: X obliged
himself to sell his only car to Y if he buys another car.
Parties bound under the contract, exception. The rule is that only the
parties to the contract and their assigns and heirs are bound thereto unless
the rights and obligations arising there from cannot be transferred to the
heirs and assigns of the parties because of their nature, or by stipulation or,
by specific provisions of law. In instances allowed by law the heirs or
assigns are not liable beyond the values of properties inherited or assigned.
Third parties interfering in the contract. Further, any third person who
induces another to violate his contract shall be liable for damages to other
party, an instance, where a stranger contract becomes liable for damages.
Contracts creating real rights. Real rights are those rights relating to
immovable properties ,i.e. land and buildings, like the right belonging to a
mortgagee or lessee of a piece of land. The law provides that in contracts
creating real rights, third persons come into possession of the object of the
contract are bound thereby subject to the provisions of the Mortgage Law
and Land Registration Law. Thus, a vendee of a piece of land which is the
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subject of a mortgage or lease will be bound to respect the real right of the
mortgagee or lessee if the mortgage deed or lease contract is registered in
the Register of Deeds.
1. What is a contract?
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sole will of one of the parties? Reason.
ANSWERS
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CHAPTER III
REQUISITES OF CONTRACT
Rule on offer and acceptance. The general rule is that the person
making the offer has the inherent right to fix the time, place and manner of
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acceptance. Once fixed, the acceptance must be made strictly in such
manner to give birth to the consent. If this fixation is not followed consent
may not be achieved.
Likewise, the offeror may give the offeree a period within which to
accept the offer and he may withdraw it any time by communicating such
withdrawal before the offer has been accepted by the offeree. However,
when the offeree had paid or promised the offeror a consideration for the
granting of the period within which to accept, the offeror cannot revoke the
option. For instance, if X offers to sell a concrete mixer to Y giving the latter
ten days within which to accept, X may revoke the offer at any time before Y
accepts it. But if Y had promised or given something to X in order that the
latter will give an option or extension of a period to accept, then X cannot
withdraw the same until the appointed or designated time.
An exception to the rule however could take the form of a reward for
an act specified in the advertisement. If one immediately acts on the reward
advertisement without knowing that a day after the ad was revoked in the
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same paper, the reward may be claimed if the task has been done
conformably with the advertisement. These cases are prevalent in rewards
for the capture of underworld characters or information leading to detection
of tax evaders.
Legal protection to the weak party. The law has its protective
concern to the no-read no-write or disadvantaged party to the contract.
Article 1332 of the Civil Code states that when one of the parties in unable
to read, or if the contract is written in a language not understood by him, and
mistake is alleged, the person enforcing the contract must show that the
terms thereof have been fully explained to the former before its execution.
Failure to do so will render the contract voidable. Example: X, an Ilonggo,
entered into a contract worded in Tagalog with Y. On the due date X
refused to comply with his obligation claiming that he erred in entering into it.
To enforce the contract in court, Y should prove by convincing evidence that
the contract was read and explained fully to the satisfaction of X before
signing it.
ANSWERS
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OBJECT OF CONTRACTS
5. May things which are within the commerce of man cease to be so?
Why?
7. X own a 5-hectare lot planted with 300 lanzones trees which yield
about 900 baskets a season. Two months before the next season he
entered into a contract of sale with Y regarding the fruits which is may
yield in the next season. Is the object of the contract determinate?
Why?
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8. X and Y are father and son. On January 15, 1984 Y enters into a
contract with Z whereby he sells a white race horse which he alone
will inherit in addition to the other properties of X. On January 20
same year, X dies. Discuss the effects of the sale.
ANSWERS
CAUSE OF CONTRACTS
Motive is further differentiated from the cause in that the former may
be unknown to the parties, and that illegality is motive does not invalidate
the contract, while illegality of cause renders the contract a nullity.
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Tagaytay City. Due to false information from Y, he (X) entered into a
contract with Y selling the land at P200.00 per square meter when the
market value of the same is P500.00 per square meter. Is the
contract valid? Why?
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CHAPTER IV
FORM OF CONTRACTS
2. When law requires a form for enforceability. When the law requires
a contract or agreement to be in writing or noted in any manner to be
enforceable, i.e., those contained in the Statute of Frauds, such shall be
complied with otherwise no action can be allowed to enforce the contract.
1. Acts and contracts which have for their object the creation,
transmission, modification or extinguishment of real rights over immovable
property; sales of real property or an interest therein are governed by
articles 1402, No.2 and 1405.
3. The power to administer property or any other power which has for
its object an act appearing or which should appear in a public instrument or
should prejudice third person.
All other contracts where the involved exceeds five hundred pesos
must appear in writing, even a private one. But sale of goods, chattels or
things are governed by Articles 1403, No. 2 and 1404.
Contracts partly written and partly oral, effect of. If a contract is partly
in writing and partly in oral, the oral ones are generally excluded from the
written document. Such being the case, disputes not resolvable by the
written document is deemed not written at all unless the matters claimed to
have been orally agreed and form part of the written instrument can be
proven by other evidence sanctioned by the law
ANSWER
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CHAPTER V
2. One party was mistaken and the other acted fraudulently. If one
party was mistaken and the other acted fraudulently or inequitably in such a
way that the instrument does not show their true intention, the former may
ask for reformation. Example: X, a Cebuano entered into a contract whereby
he sells his house to Y, the contract being written in Tagalog of which he is
not conversant. Before signing, Y explained that the furnishings and
accessories thereof are not included in the sale. It turns out however that the
contract includes all furnishings and accessories such as furniture, air
conditioner, etc. X committed a mistake and can ask for reformation.
3. One party was mistaken and the other knowingly concealed the
mistake. When one party was mistaken and the other knew or believed that
the instrument did not state the real agreement, but concealed that fact from
the former, the instrument may be reformed. Example: In the proceeding
example, suppose that x thought that he was merely leasing the house, but
Y knew that the contract prepared by X with his signature was an absolute
sale of the house and kept silent about it. X may ask for reformation.
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Reason for the law. Donation is essentially an act of liberality
whereas, in case of a will which is not a contract, the intention should be
looked into from the words itself alone and may not be changed after the lips
of the testator has been sealed by death. As to the void agreement, when
the agreement is inexistent what use could reformation do when the contract
is really incurable?
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contract being written in Pilipino. Before signing X explained that the
furnishings and accessories thereof are not included. It turned out
however that the contract drawn by Y includes all the furnishings
therein. Is an action for reformation advisable? Why?
ANSWERS
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CHAPTER VI
INTERPRETATION OF CONTRACTS
If the doubts are cast upon the principal object of the contract in such
a way that it cannot be known what may have been the intention or will of
the parties, the contract shall be null and void.
The doubt may exist either on the principal object or on the incidental
circumstances of the contract. If there is a doubt in the principal object in
such a way that it cannot be determined what may have been the intention
or the will of the parties, the contract shall be absolutely null and void,
whereas if the doubt refers to incidental matters of the contract the rule will
depend on whether the contract is gratuitous and therefore the least
transmission governs; or onerous, hence the greatest reciprocity shall
prevail.
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QUESTIONS AND PROBLEMS
ANSWERS
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CHAPTER VII
DEFECTIVE CONTRACTS
RESCISSIBLE CONTRACT
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state of insolvency for obligations to whose fulfillment he could not be
compelled at the time they were effected; and
Action for rescission not a principal remedy. The action for rescission
is subsidiary; it cannot be instituted except when the party suffering damage
has no other legal means of seeking redress or reparations for the damage
caused. If, therefore, it is found that the debtor has other properties aside
from that which is the object of the rescissible contract, rescission will not
prosper for the reason that the defrauded creditor can collect in some other
way by pursuing the debtor’s other properties.
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Effects of rescission. Rescission creates the obligation to return the
things which were the objects of the contract, together with fruits, and the
price with interest; consequently, it cannot be carried out when he who
demands rescission cannot return whatever he may be obliged to restore.
Neither shall rescission take place when things which are the object
of the contract are legally in the possession of a third person who did not act
in bad faith. In this case the indemnity for damage may be demanded from
the person causing the loss.
6. The fact that the transfer is made between father and son in
relation to the preceding circumstances; and
1. Define rescission.
8. To defraud his creditors, X sold his only car to Y who knew the
purpose of X. Later on, Y alienated it to Z and then Z alienated it to O
who are likewise aware of the scheme of X. While in O’s possession,
the car was carnapped and cannot be recovered any more. Discuss
the liability of the parties.
ANSWERS
VOIDABLE CONTRACTS
Voidable contracts under the Civil Code. The following contracts are
annullable, even though there may have been no damage to the contracting
parties:
Person who may ask for annulment. The action for annulment of
contracts may be instituted by all who are thereby obliged principally or
subsidiarily. However, persons who are capable cannot allege the
incapacity of those whom they contracted; nor can those who exerted
intimidation, violence or undue influence, or employed fraud, or caused the
mistake, base their action upon these flaws of the contract.
Effect of loss of object through fraud or fault of victim. The action for
annulment of contracts shall be extinguished when the thing which is the
object thereof is lost through fraud of the person who has a right to institute
the proceedings. If the right of action is based upon the incapacity of
anyone of the contracting parties, the loss of the thing shall not be an
obstacle to the success of the action unless the said loss took place through
the fault of the plaintiff. Example: X sold to Y who is a minor a motor boat
for P300,000.00. If the motor boat is thereafter lost through the fault or fraud
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of Y, his right to file an action for annulment is lost. But if the same
disappears due to a strong typhoon or other fortuitous event his right to file
an action for annulment will not be extinguished even if the boat cannot be
returned. In this case, Y would merely be entitled to the return of the price
with interest.
ANSWERS
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UNENFORCEABLE CONTRACTS
(1) Those entered into in the name of another person by one who
has been given no authority or legal representation, or who has acted
beyond his powers;
(2) Those that do not comply with the Statute of Frauds as set
forth in this number. In the following cases an agreement hereafter made
shall be unenforceable by action unless the same, or some note or
memorandum thereof, be in writing, and subscribed by the party charged, or
his agent; evidence, therefore, of the agreement cannot be received without
the writing, or a secondary evidence of its contents:
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time of the sale, of the amount and kind of property sold, terms of the
sale, price, names of the purchasers and person on whose account
the sale is made, it is sufficient memorandum;
(e) Agreement of lease for more than one year, etc. Lease
of real property for more than one year and sale of real property or
interest therein, irrespective of the price, are agreement referred to in
this number. Example: Today X leased his 2-door apartment to Y
verbally for two years. If X ejects Y after six months the latter cannot
rely on the contract because it is not in writing.
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5. To what kind of contract is the Statute of Frauds applicable? Explain.
ANSWERS
Article 1409. The following contracts are inexistent and void from the
beginning:
(3) Those whose cause or object did not exist at the time of the
transaction;
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(5) Those which contemplate an impossible service;
(6) Those where the intention of the parties relative to the principal
object of the contract cannot be ascertained; and
These contracts cannot be ratified. Neither can the right to set up the
defense of illegality be waived.
(3) Non-payment of legal rate for overtime work. When the law
fixes or authorizes the fixing of the maximum number of hours of labor and a
contract is entered into whereby a laborer undertakes to work longer than
the maximum thus fixed, he may demand additional compensation for
services rendered beyond the time limit.
ANSWERS
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CHAPTER VIII
If all the above factors are favorably satisfied, the writing of the
contract may be undertaken. For this purpose, it would be best for the
engineer to pattern and test the same with the accepted legal format as
found in books in legal form which may be just on the shelves of a library
nearby. If the contract or agreement is one which is required to be in a
public instrument, which for practical purposes should be observed, and
registered to be binding to the whole world, then prepare the document in
such form to facilitate registration in the Registry of Deeds.
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the contract, i.e., body of the contract and signature of the parties.
If one will examine well written contract, he will readily discover the
following:
2. Salutation. This part is merely placed for the purpose of style: and
usually to impress the parties and the public who may glance or read the
contract. Often this is worded in bold letters at the top, reading: KNOW ALL
MEN BY THESE PRESENTS:
3. The BODY. The body is that part which identifies the contracting
parties, whether natural or juridical persons, as well as their intention to be
bound on the objects and cause as well as to the other terms and conditions,
and usually presented in the following order;
b.2. The mechanics of what, where, when and how, and why in some
cases, and other details regarding the object to be delivered the services to
be rendered, i.e. construction of house or installation of a machine. In
connection with engineering contracts, the more technical ones are usually
embodied in the specifications as well as other documents like plans and
designs, which are incorporated in the contract by reference, hence,
becoming part and parcel of the contract.
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are necessary for purposes of prescription of actions upon the contract and
to determine jurisdiction and venue of the courts in the event of legal dispute
on the contract.
ADDITIONAL PROBLEMS
ENGINEERING ETHICS
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CHAPTER I
ENGINEERING ETHICS
It may be said that ethics does not have its sanction from legislation
or laws promulgated by the state which applies generally to all inhabitants,
irrespective of their status or calling. Rather, professional ethics
encompasses a group of people who are properly trained and equipped to
engage in the practice of a discipline for which they have vowed to cultivate
its growth to the maximum while he makes use of it for his own benefit.
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Ethics, therefore, derives its force through the submission of the
professional to the discipline of the professional group as established under
the Canons.
Relationship to the general public. At all times and when feasible the
general public is entitled to share the knowledge and benefits of engineering
from the society. Along this direction, efforts should be made that only fair,
accurate, and true engineering matters are fed to the public for their easy
comprehension and appreciation of such matters. Specifically, the following
acts are among those enjoined and must be observed by him:
(3) Guard against public health and safety. Very many people are
witness to the fact that in public and private, as well as in industrial and
commercial entities, there is a prevalence of accidents costing the lives and
limbs not only of its workers but also strangers who may or may not have
connections thereto due to deleterious operations and the prevailing
conditions therein. An engineer is reputed to be the guardian of public
health and safety wherever these operations are. In the practice of his
profession or in the performance of his unique task, he is expected to be an
advocate of preventive and curative measures that will safeguard the health
and safety of the public and the client-employer he serves and its workers.
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The influence that a false or erroneous engineering matter in the
formulation of a decision or deed to technical men and those generally
interested in the same is tremendous and irresistible. It would be
unfortunate and too late to cure the blunder or its effect after the impact
resulting from such error has been caused. But worst still than the
experience resulting from such blunder is the virtual disgrace and discredit
of the profession in terms of credibility to the public which harness at all
times to the usefulness of the engineering profession. If an engineer has
some good points to contribute on technical engineering he nay do so by
presenting the matter or participating in the discussions of the same in
accepted forms for technical discussions in the engineering societies and
engineering press.
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More often than not, professional jealousy takes place between two
professionals aiming for recognition or struggling to survive in the field of
their expertise. Success or survival shall not be at the expense of another in
the profession but upon his merit. To avoid or at least minimize the effects
of such possibility there are factors which may deserve serious
consideration. Such factors like professional reputation, whether the
engineer is new or an old timer in the practice, gender at times and other
analogous matters are certainly a must for consideration.
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CHAPTER II
LIABILITY OF TECHNICAL MEN
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waiver of any of the causes of action by reason of any defect
mentioned in the preceding paragraph.
As against the contractor, there must be a clear showing that the fall
of the edifice took place within fifteen years from the completion and that the
cause of the fall is due to the defects in the construction or use of inferior
quality of materials furnished by him or violation of the terms of the contract.
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Damages defined. Damages is simply the sum of money which the
law awards or imposes as pecuniary compensation, recompense, or
satisfaction for any injury done or a wrong sustained as a consequence
either of a breach of contractual obligation or tortuous act. In relation to
engineering liability, it is the amount of money for which the engineer or
architect or contractor may be ordered to pay to the owner of the fallen
building or to whomever may suffer by reason of the collapse.
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BIBLIOGRAPHY
De Leon, Hector S., The Law on Obligations and Contracts. Quezon City:
Rex Book Store, Inc., 2003.
Jurado, Desiderio P., Civil Law Reviewer. Quezon City: Rex Book store,
Inc., 1999.
Republic Act No. 8495, “An act regulating the Practice of Mechanical
Engineering in the Philippines”.
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