CE Laws,

Ethics and
Contracts
CE AND ENGINEERING LAWS
BRIEF BACKGROUND
Civil engineering's history dates back to prehistoric times since it has always dealt
with essential human necessities such as shelter and water. Without the
advantage of current science and technology, early designers and builders relied
on trial and error and centuries of experience to accomplish excellence. Civil
engineers are continually pushed to design and construct developments that are
ecologically sound, socially acceptable, and internationally competitive as time
goes on. to protect the integrity of Civil Engineering as a profession, Laws and
guidelines are created. For this module, we will exploring the fundamental
concepts of Law and we will elaborate the important Engineering Laws especially,
Civil Engineering Law.
OBJECTIVE OF THE TOPIC
At the end of this Topic, students will be able to:
Explain the concept of Law
Identify the different Judicial Organization
Evaluate the Existing Engineering Laws
Elaborate the Civil Engineering Canon
Provide insight to the Civil Engineering Law
TOPIC OUTLINE
For this topic, It will discuss the following:
Part 1: Laws - Its Origin and Organization
Laws and Contracts
Origin of Laws
Judicial Organization
Creating Law Agency
Part 2: CE and Engineering Laws
Existing Engineering Laws
CE Law
Canons of Civil Engineering
LAW
Law is concerned with a society's norms, practices, and standards of conduct that
are accepted as binding by the community. A controlling authority oversees
enforcing the set of regulations.
PERSPECTIVES OF LAW
Societal standpoint - denotes Justice, Morality, Reason, Order, and Righteousness.
Legislature standpoint - refers to statutes, acts, rules, regulations, orders, and
ordinances
Judges Perspective - refers to court rules, decrees, judgments, court orders, and
injunctions.
FUNCTIONS OF LAW
Law establishes rules and regulations for society in order for us to be free, to
provide justice to those who have been mistreated, and to protect us from our
own government.
CONTRACT
An agreement between private persons that creates legally enforceable mutual
responsibilities.

Mutual assent, indicated by a legitimate offer and acceptance; appropriate

consideration; capacity; and legality are the essential characteristics necessary for
the agreement to be a legally enforceable contract.

Contracts are formed when an obligation is created as a result of a promise made

by one of the parties.
ORIGIN OF LAW
The Philippine legal system combines customary law, Roman (civil) and Anglo-
American (common law) systems, as well as Islamic law.

The legal system developed as a result of Muslim Malays arriving in the fourteenth
century and the islands being colonized by Spain and the United States.

The civil law governs family relationships, property, succession, contract, and
criminal law, whereas common law legislation and principles govern constitutional
law, process, corporate law, taxation, insurance, labor relations, banking, and
currency.
JUDICIAL ORGANIZATION
According to the legislation, the Supreme Court and the lower courts have judicial
power (Art. VIII, sec. 1 of the 1987 Constitution).

Its role is to resolve genuine disputes concerning legally demandable and

enforceable rights (Art. VIII Sec. 1 (2)).

The judiciary has financial independence. The Legislature may not lower its
appropriation below the amount allocated the prior year (Art. VIII, Sec. 3).
JUDICIAL ORGANIZATION
PHILIPPINE JUDICIAL ACADEMY - Training school for justices, judges, court
employees, attorneys, and aspirants to judicial offices

PHILIPPINE MEDIATION CENTER - established in accordance with en banc Supreme

Court Resolution A.M. No. 01-10-5-SC-PHILJA, dated October 16, 2001

KATARUNGANG PAMBARANGAY - Presidential Decree No. 1508, also known as the

Katarungang Pambarangay Law, went into force on December 11, 1978, and
created a mechanism for resolving barangay issues peacefully

ALTERNATIVE DISPUTE RESOLUTION (ADR) SYSTEM - aims to improve the quick

and fair administration of justice while also clearing the court dockets.
LAW CREATION
1. PREPARATION OF THE BILL
2. FIRST READING
3. COMMITTEE CONSIDERATION/ACTION
4. SECOND READING
5. THIRD READING
6. TRANSMITTAL OF THE APPROVED BILL TO THE SENATE
7. SENATE ACTION ON APPROVED BILL OF THE HOUSE
8. CONFERENCE COMMITTEE
9. TRANSMITTAL OF THE BILL TO THE PRESIDENT
10. PRESIDENTIAL ACTION ON THE BILL
11. ACTION ON APPROVED BILL
12. ACTION ON VETOED BILL
LAW CREATION
LAW CREATION
ENGINEERING LAWS
Presidential Decree (PD 1746)

The Construction Sector Authority of the Philippines (CIAP) was established by PD

1746 to regulate the Philippine construction industry. The Philippine Contractors
Accreditation Board (PCAB) was also formed by PD 1746 as the licensing authority
for anyone wishing to engage in construction operations in the Philippines.
ENGINEERING LAWS
(Contractor's License Law) Republic Act No. 4566

The Contractor's License Law mandates that contractors get a PCAB license (PCAB
License), as well as the method and requirements for obtaining such a license.
ENGINEERING LAWS
No. 1008 Executive Order (Construction Industry Arbitration Law or CIAC Law)

The Construction Industry Arbitration Commission (CIAC) was established by the

CIAC Law, and it has its own set of rules. The CIAC has original and exclusive
jurisdiction over construction disputes originating from a contract including an
arbitration provision agreed into by parties participating in construction in the
Philippines.
ENGINEERING LAWS
Republic Act No 9184 (Government Procurement Reform Act or GPRA)

All branches of the Philippine government are subject to the GPRA, as are all
procurement operations involving services and infrastructure projects. The GPRA
establishes standard contract terms and conditions (also known as the General
Conditions of Contract and the Special Conditions of Contract). When a
government project is involved, it has an impact on the entire construction
contract.
ENGINEERING LAWS
Republic Act No 6957, as amended by Republic Act No 7718 (PPP Law)

The PPP Law governs public-private partnership (PPP) infrastructure projects,

specifically those which are under the following schemes:
build-operate-and-transfer;
build-and-transfer;
build-lease-and-transfer;
build-transfer-and-operate;
contract-add-and-operate;
develop-operate-and-transfer;
rehabilitate-operate-and-transfer; and
rehabilitate-own-and-transfer.
ENGINEERING LAWS
Republic Act No 10192 (CPD Law)
ENGINEERING LAWS
Presidential Decree No 1445 (Government Auditing Code of the Philippines or
GACP)

When dealing with government building contracts, the GACP must be taken into
account.
ENGINEERING LAWS
Presidential Decree No 1445 (Government Auditing Code of the Philippines or
GACP)

When dealing with government building contracts, the GACP must be taken into
account.
CIVIL ENGINEERING LAW
Known as Republic Act No. 544 By Congress of the Philippines Enacted on 17 June
1950 And As Amended by Republic Act No. 1582
CIVIL ENGINEERING LAW
Section 1. Title of Act.
"Civil Engineering Law."
Sec. 2. Definition of terms.
(a) Services of Civil Engineering & Infrastructures
(b) The term "civil engineer" = registered with the Board of Examiners for Civil
Engineers
CIVIL ENGINEERING LAW
ARTICLE II
Board of Examiners for Civil
Engineers

Sec. 3. Composition of Board

Chairman - Engr. Praxedes P. Bernardo

Two members - Engr. Pericles P. Dakay and Engr. Romeo A. Estañero

CIVIL ENGINEERING LAW
Sec. 4. Powers and duties of the Board

- administer oaths,
- issue, suspend and revoke certificates of registration
- issue certificates of recognition to civil engineers for advanced studies, research,
and/or highly specialized training
- investigate violations of this Act
- issue subpoena to secure appearance of witnesses in connection with the
charges presented to the Board,
- 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,
CIVIL ENGINEERING LAW
Sec. 5. Qualifications of Board members

(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
(d) Be a registered civil engineer
(e) Have practiced civil engineering, for a period 10 YRS beyond
(f) Not be a member of the faculty of any school where civil engineering course is
taught, nor have “connection”
(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 3 consecutive years.
CIVIL ENGINEERING LAW
Sec. 6. Fees and compensation of Board

Application for examination – 40PhP / 900PhP

Certificate of Registration – 20Php / 150PhP
CIVIL ENGINEERING LAW
ARTICLE III
Examination and Registration

Sec. 8. Examination requirement

All applicants for registration for the practice of civil engineering shall be required
to pass a technical examination (board exam)
CIVIL ENGINEERING LAW
ARTICLE III
Examination and Registration

Sec. 9. Holding of examination

Testing Center / Place - Manila, Baguio, Cagayan de Oro, Cebu, Davao,

Iloilo, Legazpi, Lucena, Pagadian, Tacloban, Tuguegarao and Zamboanga
Schedule – February and August / May & November
CIVIL ENGINEERING LAW
ARTICLE III
Examination and Registration

Section 10. Subjects of examination

- Mathematics
- Hydraulics and Surveying
- Design and Construction
CIVIL ENGINEERING LAW
ARTICLE III
Examination and Registration

Section 10. Subjects of examination

- Mathematics, Surveying and Transportation Engineering – 35%

- Hydraulics and Geotechnical Engineering – 30%
- Structural Engineering and Construction Management – 35%
CIVIL ENGINEERING LAW
ARTICLE III
Examination and Registration

Section 11. Executive officer of the Board

The Commissioner of Civil Service (PRC) shall be the executive officer of the Board
and shall conduct the examinations given by said Board.
CIVIL ENGINEERING LAW
ARTICLE III
Examination and Registration

Section 12. Qualifications 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
CIVIL ENGINEERING LAW
ARTICLE III
Examination and Registration

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.
CIVIL ENGINEERING LAW
ARTICLE III
Examination and Registration

Section 14. Seal and use of seal

Dry Seal with own design authorized by the Board, contains:

license number and name
Plans and specifications prepared by, or under the direct supervision of a
registered civil engineer
CIVIL ENGINEERING LAW
ARTICLE III
Examination and Registration

Section 15. Exemption from registration.

(1)Registration shall not be required of the following persons:

(a)Officers US and Philippine Armed Forces, and civilian employees of the
Government of the US rendering civil engineering services for the United States or
Philippines
(b) Civil engineers or experts called in by the Philippine Government for
consultation, or specific design and construction.
CIVIL ENGINEERING LAW
(2) Any person residing in the Philippines may make plans or specifications for any
of the following:
(a)Any building in chartered cities or in towns with building ordinances, not
exceeding the space requirement specified therein, requiring the services of a civil
engineer.
(b) Any wooden building enlargement or alteration which is to be used for farm
purposes only and costing not more than ten thousand pesos.
(c) from constructing his own (wooden or light material) residential house,
utilizing the services of a person or persons required for that
CIVIL ENGINEERING LAW
ARTICLE III
Examination and Registration

Section 16. Refusal to issue certificate.

The Board of Examiners for Civil Engineers shall not issue a certificate to:

- any person convicted by a court of any criminal case

- any person guilty of immoral or dishonorable conduct,
- any person of unsound mind.
CIVIL ENGINEERING LAW
ARTICLE III
Examination and Registration

Section 17. Suspension and revocation of certificates.

the Board shall have the power, after due notice and hearing, to suspend or
revoke the certificate of registration for any cause mentioned in the preceding
section.
CIVIL ENGINEERING LAW
ARTICLE III
Examination and Registration

Section 18. Re-issue and replacement of certificates

After the expiration of one year from the date a certificate of registration is
revoked, the board may entertain an application for a new certificate of
registration from the registrant concerned
CIVIL ENGINEERING LAW
ARTICLE IV
Enforcement of Act and penal provisions

Sec. 20. Enforcement of the Act by officers of the law

law officers of the national, provincial, city and municipal governments

CIVIL ENGINEERING LAW
ARTICLE IV
Enforcement of Act and penal provisions

Sec. 21. Registration required

NO person shall practice or offer to practice civil engineering in the Philippines

without having obtained the proper certificate of registration from the Board of
Examiners for Civil Engineers unless exempted from registration
CIVIL ENGINEERING LAW
Sec. 22. Penal provisions
GUILTY OF CRIME are any person:
• who shall practice civil engineering in the Philippines without being registered
• presenting or attempting to use as his own the certificate of registration of a registered civil
engineer,
• who shall give any false or forged documents to the Board,
• who shall impersonate any registrant civil engineer of different name,
• who shall attempt to use a revoked or suspended certificate of registration,
• who shall use in connection with his name or otherwise assume, use or advertise any title or
description tending to convey the impression that he is a civil engineer, without holding a valid
certificate of registration,
• who shall violate any of the provisions of this Act, shall be guilty of a misdemeanor and shall,
upon conviction, be sentenced to:
1. Fine of 500 – 2000PhP
2. Imprisonment for a period of 6months – 1 Year
3. Both
CIVIL ENGINEERING LAW
ARTICLE V
Miscellaneous provisions
Sec. 23. Preparation of plans and supervision of construction by registered civil engineer.
It shall be unlawful for any person to order or otherwise cause the construction,
reconstruction, or alteration of any building or structure intended for public gathering or
assembly such as theaters, cinematographs, stadia, churches or structures of like nature,
and any other engineering structures mentioned in SECTION 2 of this Act unless the
designs, plans, and specifications of same have been prepared under the responsible
charge of, and signed and sealed by a registered civil engineer, and unless the
construction, reconstruction and/or alteration thereof are executed under the
responsible charge and direct supervision of a civil engineer . Plans and designs of
structures must be approved as provided by law or ordinance of a city or province or
municipality where the said structure is to be constructed
CIVIL ENGINEERING LAW
ARTICLE V
Miscellaneous provisions

Sec. 24. Firms and corporations engaged in civil engineering practice

A firm, partnership, corporation, or association may engage in the practice of civil

engineering provided that such practice is carried out under the supervision of a
civil engineer or civil engineers holding valid certificates issued by the Board.
CIVIL ENGINEERING LAW
ARTICLE V
Miscellaneous provisions

Sec. 25. Reciprocity requirements.

NON Filipino citizen can take the exams

- country of which he is a citizen, admits citizens of the Philippines to the practice

of the same profession
CIVIL ENGINEERING LAW
ARTICLE V
Miscellaneous provisions

Sec. 26. Roster of civil engineers

A roster showing the names and places of business of all registered civil engineers
shall be prepared by the Commissioner of Civil Service periodically but at least
once a year.
CIVIL ENGINEERING LAW
ARTICLE V
Miscellaneous provisions

Sec. 27. Repeal

Laws/ orders/ ordinances in conflict with RA 544 are revoked.

CIVIL ENGINEERING LAW
ARTICLE V
Miscellaneous provisions

Sec. 28. Construction of Act

If any part or section of this Act shall be declared unconstitutional, such

declaration shall not invalidate the other provisions hereof.

Sec. 29. Effectivity

This Act shall take effect upon its approval

CIVIL ENGINEERING LAW
REPUBLIC ACT No. 1582

An Act to Repeal and Replace Section Twenty-Four of Republic Act Numbered Five
Hundred Forty-Four, Entitled "An Act to Regulate the Practice of Civil Engineering
in the Philippines“

No firm, partnership, corporation or association may be registered or licensed as

such for the practice of civil engineering. However, persons properly registered
and licensed as civil engineers may register as architects. No one can be a member
of such an organization unless he is a duly licensed civil engineer or architect. The
members of such firms, partnership or association shall be responsible for their
own respective acts.
CIVIL ENGINEERING CANNON
CIVIL ENGINEERING CANNON
SUMMARY
Law is concerned with a society's norms, practices, and standards of conduct that
are accepted as binding by the community.

Contract is an agreement between private persons that creates legally enforceable

mutual responsibilities.

The Philippine legal system combines customary law, Roman (civil) and Anglo-
American (common law) systems, as well as Islamic law.

RA 544 Regulates the practice of Civil Engineering in the Philippines,

DISCUSSION
1. Select at least 2 House Bill that is currently pending which aims to amend the
Civil Engineering Law or affects some provisions of the Law. Tell also your stand as
a Civil Engineering Student in your selected House Bill.
REFERENCE
Law Definition - Law.uol.edu.in
Contract - Law.cornell.edu