RA 544: CIVIL ENGINEERING LAW

Republic Act 544 is an act to regulate the practice of Civil Engineering in the
Philippines, which was approved on the 17th of July, 1950. It was amended by RA
1582, which was also approved on the 16th of June 1956.

The version appearing on the PRC site is a condensed version of 5 pages. 

The Act has been re-introduced by Senator Panfilo M. Lacson as Senate Bill no.
2770. The Senator brought to life the Act as he explained that civil engineers are
currently confronted with broader issues and they have to integrate 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."

The Bill sought to achieve the following:

1. To align the law with the requirements for national development;

2. To strengthen the profession in facing the formidable challenges resulting
from globalization and cross-border practice;
3. To continuously develop the level of competence of the civil engineers
through:
1. Peer recognition of specialization in civil engineering
2. Continuing professional development
3. Strengthening the accredited professional organization of civil
engineers
4. To clearly define the foreign nationalities practice of civil engineering in the
country
5. To promote the growth of the consulting sector by recognizing international
philosophy of multi-disciplinary services
6. To disregard provisions making multi-disciplinary consultancy services
difficult, complicated ad impractical
7. To establish a clear, precise and practical delineation of professional and
contractual accountability in the practice in order to serve the law better and
protect the public interest

THE PRACTICE OF CIVIL ENGINEERING

Quality is defined in the manual as a condition of satisfactorily meet both the

project requirement and the expectations of the client or employer. It requires
much effort which is considered:
 conscious
 continuous
 consistent

3.1. PROFESSIONAL RESPONSIBILITY

As a faithful trustee to the public interest and private interest of clients, civil
engineers have the following responsibilities:

1. Civil engineers shall conduct themselves in a highly professional manner and

faithfully serve their clients and employers.

2. Civil engineers are bound by the Canon Laws.

3. Sustainable development is the top priority in professional engagement.

4. The highest standard of Ethical Professional Practice should be maintained when

civil engineers are dealing with employers or clients.

CLIENT-CIVIL ENGINEERING RELATIONSHIPS

Many engineering works are formed between civil engineers and the following:

1. Government agencies
2. Industry
3. Private clients
4. Civil engineering firms engaged for a specific project
5. Public agencies
6. Independent civil engineering firms

  OBLIGATIONS OF THE CIVIL ENGINEER

 As a faithful trustee, civil engineers are obliged to do the following:

1. Perform their obligations with diligence, care, and reasonable skill.

2. Shall act independently and accordingly to the contract, when required to certify
or decide between a client and a third party.

3. Act as the client's faithful agent implied in the contract.

4. Give written notice on particulars of any change in the scope of services.

5. For staged services, civil engineers shall not initiate ay service without the
approval of the client.
6. When required, civil engineers shall direct or work with other professions and
integrate concerned work, but shall not be professionally liable for their work.

7. The civil engineer may recommend contractors or specialists to design and

execute certain parts of the works.

8. Any interest which may have conflict of interest of the client should be notified
by the civil engineer.

OBLIGATIONS OF THE CLIENT

The following obligations are of the client to the civil engineer:

1. The client shall pay the civil engineer for his services as stipulated in the
contract.

2. Information required by the civil engineer shall be provided by the client in

writing and the latter shall allow the civil engineer reasonable time.

3. The client shall cooperate and not interfere or obstruct in the performance of
services.

4. The client shall make arrangements to allow the civil engineer to do site
investigation and inspection of facilities ASAP.

5. The client shall shoulder the arrangement of services of other professionals and
bear all costs.

6. In cases of clients allowing civil engineers as Engineer-to-the-Contract, the client

shall give instructions through the civil engineers.

7. Client shall notify the civil engineer through writing within 7 days of any change
he is aware of.

LIABILITY OF THE CIVIL ENGINEER AND THE CLIENT

1. The civil engineer shall pay for damages arising out of breach of duty of
care against the civil engineer to the client.

2. The client shall be liable to pay to the civil engineer if a break of client's duty is
established against the client.

3. Conflicts arising from the agreement between the client and the civil engineer
follows the following process:

 Amicable settlement. Mutual understanding

 Mediation.  Negotiation overseen by a third-party called the mediator.
 Arbitration. negotiation where the third-party(considered as impartial) is in
control in making the final decision.
 Litigation (court proceeding). Negotiation where courts and civil justice
system are involved.
4. A third-party arbitrator should be mutually acceptable to both parties.

LIMITATION OR CIVIL ENGINEER'S RESPONSIBILITY

1. The civil engineer shall not be liable for damages, loss, and costs: 
 for any errors or omissions for documents not prepared by  him or under his
control, 
 for fraudulent services or negligence by the client or any other consultant ,
contractor, supplier.
2. The civil engineer shall not be liable for the performance of other consultants,
contractors, suppliers (regardless of recommendation).

3. The civil engineer shall not be responsible for the procedures of techniques
adopted by any third party.

DAMAGES

If the civil engineer is found liable, the damages shall be paid on the following
terms:

1. Damages for the foreseeable loss and damage as a result of the breach.

2. The maximum amount is specified in the Specific Provision. However, if no

specific amount is given: the lesser of 300,000Php or 10% of the total amount
damages or 25% of the total fees payable under the agreement.

3. If a third-party is found liable in some parts of the service, the amount payable
shall be limited to the proportion of work under breach.

SUSPENSION OR TERMINATION OF SERVICES

1. In cases when the civil engineer is not liable but it is impossible to continue the
project, the civil engineer shall notify the client promptly.

2. If only portions of the work are suspended, time shall be extended

                            

For cases with reduction of performance speed, extension depends on the

circumstances

3. A 30-day (minimum)notice shall be given by the client to the civil engineer in

cases  when client suspends or terminates work. Upon notification, civil engineer
should make necessary arrangements to stop operation.

4. A 30-day (minimum)notice shall be given by the civil engineer for suspension or
termination of services under the following conditions:

 No payment (or part of it) of the client 30 days after due date
 When the client suspends work for more than six months, or if it is clear to
the civil engineer that it is impractical to continue services before the suspension
exceeds six months.
When services are suspended or terminated, the civil engineer is entitled to the
payment of the following:
 Consequential cost
 Expenses and disruption fees
 Remobilization fees on resumption

OWNERSHIP OF DATA, DESIGNS AND DOCUMENTS

The civil engineer owns the following documents, which shall be used for specific
projects covered in the contract between the client and the engineer:
 Design analyses
 Drawings
 Specifications
 Reproductions

CIVIL ENGINEERING SERVICES

Typical services offered by civil engineers:

1. Designs, consultations, and advice

2. Feasibility studies
3. Field investigations and engineering data collection
4. Environmental assessments, impact statements, or engineering reports
5. Opinions of estimates
6. Preliminary and final designs, drawings, specifications, and construction
bidding documents
7. Assistance in securing construction bids and in awarding contracts
8. Construction administration and observation
9. Arrangments for or performance of testing of materials and equipment
10. Assistance in start-up, assessment of capacity, and operation of facilities
11. Preparation of operation and maintenance manuals
12. Appraisals and rate studies
13. Value engineering
14. Expert testimony
15. Assessment of risks
16. Structural remediation or rehabilitation
17. Project management and controls
18. Provision of supplemental temporary staff
19. Teaching

SAMPLE:

Unethical Practice in Civil Engineering Profession

A sample case problem submitted by JUNILL L. MACALAM
 Problem/Problems
 The Conflict between Civil Engineers and Architect: Civil Engineers (specifically
Structural Engineers) not taking consideration to Architect’s plan and design.

 Brief Story

 In the past studies, there were issues regarding the conflict between Civil Engineers
and Architects in building, planning, and designing the project. Some of Engineers
would say, “Architects are the nightmare of Civil Engineers”. By analyzing it deeply,
we would drop by the idea of “discrimination” and “unethical behavior”. Civil
engineers, specifically structural engineers who literally focus on structures,
structural analysis and the design. But because of its broad ideas and knowledge in
planning, civil engineers also do the design. In this case, Architects would be having
of an idea of being “useless”, because civil engineers own the role - designing and
planning. In fact, civil engineers also know how to design, and that design would be
greater in its stability and strength. But that particular area makes a conflict between
civil engineers and architects, varying to their role to the project. There were also
reported that other Civil Engineers did not take consideration to Architects’ design
and plan due to lack of strength and stability of the building that leads them to an
argument. This is not just a simple problem; this would make the entire project
dimmed and be unusual. Planning, design and both of the ideas would be triggered if
these practices is still in between the engineers. Since in the old ages in the industry,
people used to think that the architect role applies only in the design stage while the
civil engineer role starts in the construction phase, and this what created a big
obstruction.
 Recommendation

 In fact, civil engineers are broad in ideas and knowledge in the aspect of designing
and structural analysis, it is much better to take consideration of the Architects’
plans and design to the project. Civil Engineers should never own the role -
designing, instead it should be given to the architect. In each construction building,
architect and civil engineers should communicate and collaborate to achieve the
client’s vision, apply the design standards and produce a high quality and
performance building.

There is “Revised IRR” that violates the R.A. 544 known as Civil Engineering Law, in
which it prevent and limit civil engineers from preparing, signing and sealing building
designs, plans and specification and give the exclusive right to Architects to prepare,
sign and seal design, plans and specifications enumerated in Section 302.4 as
Architectural Documents. Literally, Civil Engineers’ role shall focus only on structural
analysis, strength and stability of the building.

Conclusion

 This has been a problem since in the old ages and it still in the mind of every
people. Thus, it is necessary to know the difference of the role of civil engineers from
architect. Civil engineers should maintain the unity and relationship between the
people who surrounds him/her to the workplace. It is vital to lessen one’s pride to
focus doing right things in their profession. Furthermore, civil engineers should be
ethical and be a good superior in the project site to have a productive result and
work.