CE 325 - CE Laws, Ethics, and Contracts

“A Summary of the Salient Points of Republic Act No. 544 and Republic Act
No. 9184”

Prepared By: Christian Paul B. Laysa

Submitted To: Christian Manginsay

3 BSCE - C
Republic Act No. 544 (As Amended By R. A. 1582) entitled “An Act to Regulate the
Practice of Civil Engineering”

Republic Act No. 544, as amended by Republic Act No. 1582, is an act that
regulates the practice of civil engineering in the Philippines. It was enacted on June 17,
1950, to ensure the safety and welfare of the public by establishing standards for the
practice of civil engineering. The law created the Board of Civil Engineering, which is
responsible for regulating the practice of civil engineering and ensuring that only
qualified individuals are allowed to practice the profession. The law requires foreign civil
engineers to obtain a permit from the Professional Regulation Commission (PRC) before
they can practice civil engineering in the country. This permit is only valid for a limited
period and is subject to renewal. The law also mandates that foreign civil engineers must
comply with the same standards of education, training, and professional conduct as
Filipino civil engineers.

One of the salient points of the law is that it requires all civil engineers practicing
in the Philippines to be registered with the Board of Civil Engineering. This registration is
mandatory, and failure to comply may result in penalties or fines. The law also sets the
standards for education and training required for civil engineers to be registered. Civil
engineers must have a degree in civil engineering from a recognized institution and pass
the licensure examination administered by the Board of Civil Engineering. Another
important provision of the law is that it provides for the establishment of a Code of Ethics
and Standards of Professional Practice for civil engineers. This code of ethics sets the
standards of conduct for civil engineers, and it is mandatory for all registered civil
engineers to adhere to these standards. The code of ethics includes provisions on
honesty, integrity, professionalism, and responsibility, among others.

The law also gives the Board of Civil Engineering the power to investigate and
discipline civil engineers who violate the Code of Ethics and Standards of Professional
Practice. The Board can impose penalties or sanctions, including suspension or
revocation of registration, for any violations of the law or the code of ethics. Republic Act
No. 544, as amended, also requires civil engineers to renew their registration every
three years. The renewal process includes payment of fees and compliance with
continuing professional development requirements. This ensures that civil engineers
stay up-to-date with the latest technologies and practices in their profession.

Another salient point of the law is that it provides for the establishment of a
Continuing Professional Development (CPD) program for civil engineers. This program
requires civil engineers to undertake a certain number of CPD units every three years to
maintain their professional competence. The CPD program covers a wide range of
topics related to civil engineering, including new technologies, construction methods,
and professional development. The law also mandates that the CPD program must be
relevant, practical, and accessible to all civil engineers.

Republic Act No. 544, as amended, also requires civil engineers to obtain
professional liability insurance as a condition for registration. This insurance protects the
public from any damages that may arise from the professional services of civil engineers.
The law sets the minimum coverage for professional liability insurance, which is currently
set at Php 500,000.00.
 Another important provision of the law is that it provides for the creation of a
National Building Code of the Philippines (NBCP). The NBCP sets the standards for the
design, construction, and maintenance of buildings in the country. The law mandates
that all civil engineers must comply with the provisions of the NBCP when designing and
constructing buildings. The NBCP covers a wide range of topics, including building
materials, structural design, electrical and mechanical systems, and fire safety.

Republic Act No. 544, as amended, also provides for the establishment of a
Board of Examiners for Civil Engineers. This board is responsible for the administration
of the licensure examination for civil engineers. The examination covers a wide range of
topics related to civil engineering, including mathematics, mechanics, structures,
geotechnical engineering, and construction management. The law mandates that the
examination must be relevant, practical, and fair to all examinees. One important aspect
of Republic Act No. 544, as amended by Republic Act No. 1582, is its emphasis on the
ethical and professional responsibilities of civil engineers. The law requires civil
engineers to adhere to a Code of Ethics and Standards of Professional Practice. This
code sets out the principles of ethical and professional conduct that civil engineers must
follow, including integrity, objectivity, competence, confidentiality, and responsibility to
the public. The law also provides for the creation of a Professional Regulation
Commission (PRC), which is responsible for enforcing the Code of Ethics and Standards
of Professional Practice.

Another significant provision of the law is its emphasis on safety in civil

engineering. The law mandates that civil engineers must prioritize safety in their designs
and construction of buildings and other structures. The National Building Code of the
Philippines (NBCP), which is established under the law, sets out the safety requirements
for buildings and structures. The NBCP covers a range of safety concerns, including
structural safety, fire safety, electrical safety, and mechanical safety. Civil engineers
must ensure that their designs and constructions meet the safety standards set out in
the NBCP.

Republic Act No. 544, as amended, also provides for the creation of a Board of
Civil Engineering, which is responsible for the regulation and supervision of the practice
of civil engineering in the Philippines. The board is composed of seven members
appointed by the President of the Philippines, in consultation with the Professional
Regulation Commission. The board is responsible for ensuring that civil engineers meet
the educational, training, and professional standards required for the practice of the
profession.

The law also provides for the establishment of a Code of Technical Standards
and Specifications for Civil Engineering Works and Structures. This code sets out the
technical standards and specifications that civil engineers must follow in designing and
constructing buildings and other structures. The code covers a wide range of technical
topics, including materials, construction methods, and testing procedures. Civil
engineers must ensure that their designs and constructions comply with the technical
standards and specifications set out in the code.

Finally, Republic Act No. 544, as amended, also provides for the regulation of the
practice of civil engineering by corporations, partnerships, and associations. The law
requires these entities to obtain a certificate of registration from the Securities and
Exchange Commission (SEC) before they can engage in the practice of civil engineering.
The certificate of registration is subject to renewal every three years and is subject to
compliance with the same standards of education, training, and professional conduct as
individual civil engineers.

In conclusion, Republic Act No. 544, as amended by Republic Act No. 1582, is a
comprehensive law that regulates the practice of civil engineering in the Philippines. The
law also mandates that government agencies comply with the same standards of
education, training, and professional conduct as individual civil engineers that are
allowed to practice their profession. Also, it emphasizes the ethical and professional
responsibilities of civil engineers and prioritizes safety in civil engineering. The law
provides for the creation of a National Building Code of the Philippines, a Board of Civil
Engineering, and a Code of Technical Standards and Specifications for Civil Engineering
Works and Structures. Overall, the law aims to ensure that the practice of civil
engineering in the Philippines is conducted with the highest standards of professionalism,
integrity, and competence, and to protect the public from any harm that may arise from
the practice of the profession.
 Republic Act No. 9184 entitled “An Act Providing for the Modernization,
Standardization and Regulation of the Procurement Activities of the Government
and for other Purposes"

Republic Act No. 9184, also known as the Government Procurement Reform Act,
was enacted in 2003 to modernize, standardize and regulate the procurement activities
of the government. The law aims to ensure transparency, competitiveness, efficiency,
and accountability in government procurement, and to prevent corruption and abuse of
authority in the procurement process. RA 9184 also mandates the establishment of a
procurement unit within each government agency, which is responsible for implementing
the agency's procurement activities in accordance with the law and its implementing
rules and regulations. The procurement unit is headed by a Chief Procurement Officer
(CPO), who is responsible for ensuring compliance with the law and the agency's
procurement policies and procedures. Moreover, the law sets forth the eligibility and
qualification requirements for bidders and suppliers, which include the submission of
legal, technical, and financial documents, as well as the demonstration of experience
and capability to undertake the procurement project. This ensures that only qualified and
competent bidders are allowed to participate in government procurement activities.

The law also provides for the inclusion of environmental, social, and health
considerations in the procurement process, through the use of green procurement
practices and the requirement for bidders to comply with applicable environmental and
labor laws and regulations. This promotes sustainable and responsible procurement
practices and helps to mitigate the negative impacts of procurement activities on the
environment and society. The law covers all national government agencies, including
departments, bureaus, offices, and government-owned and controlled corporations, as
well as local government units and state universities and colleges. It applies to all types
of procurement activities, including the acquisition of goods, services, and infrastructure
projects.

One of the salient features of RA 9184 is the creation of the Government

Procurement Policy Board (GPPB), which is responsible for formulating policies, rules,
and regulations on procurement, as well as for overseeing the implementation of the law.
The GPPB is composed of representatives from various government agencies, as well
as from the private sector. It also promotes the participation of micro, small, and
medium enterprises (MSMEs) in government procurement, the law mandates the
allocation of at least 25% of the total procurement budget for the year to the
procurement of goods and services from MSMEs. This provides opportunities for
MSMEs to participate in government procurement activities and to contribute to the
country's economic development.

Another important feature of the law is the establishment of the Procurement

Service of the Department of Budget and Management (PS-DBM), which serves as the
central procurement agency of the government. The PS-DBM is responsible for
procuring common-use supplies and equipment for government agencies, as well as for
providing procurement support services to government agencies, such as training,
consulting, and procurement information and data management. In lined with that, this
law is the establishment of the Procurement Service of the Department of Budget and
Management (PS-DBM), which serves as the central procurement agency of the
government. The PS-DBM is responsible for procuring common-use supplies and
 equipment for government agencies, as well as for providing procurement
support services to government agencies, such as training, consulting, and procurement
information and data management. Also, anaother important feature of the law is the
requirement for procurement planning, which is the process of identifying the
government's procurement needs and developing a procurement plan to meet those
needs. The procurement plan should be based on the agency's budget and should be
updated annually. This ensures that procurement activities are well-coordinated and
aligned with the government's priorities.

RA 9184 also mandates the use of competitive bidding as the default method of
procurement. This means that government agencies must publicly advertise their
procurement requirements, invite prospective bidders to submit bids, and award the
contract to the lowest responsive and responsible bidder. The law also provides for
alternative methods of procurement, such as limited source bidding and direct
contracting, but these methods are subject to strict conditions and limitations. Moreover,
to further promote transparency and accountability, the law requires the use of the
Philippine Government Electronic Procurement System (PhilGEPS) for all procurement
activities. PhilGEPS is an online platform that allows government agencies to advertise
their procurement requirements, receive bids, and award contracts. This ensures that
the procurement process is accessible to the public and that all transactions are properly
documented.

In addition, RA 9184 imposes stringent penalties for violations of the law,

including imprisonment, fines, and disqualification from participating in government
procurement activities. It also provides for a grievance mechanism for bidders who feel
aggrieved by the procurement process, allowing them to file complaints and seek
redress. The law provides for the periodic review and evaluation of the procurement
process, to assess its effectiveness and efficiency and to identify areas for improvement.
This ensures that the procurement process is continually improved and updated to meet
the changing needs and priorities of the government and the public.

In conclusion, RA 9184 is a comprehensive law that seeks to modernize,

standardize and regulate the procurement activities of the government. Its salient
features include the creation of the Government Procurement Policy Board, the
requirement for procurement planning, the use of competitive bidding as the default
method of procurement, the use of PhilGEPS for all procurement activities, the
establishment of a procurement unit in each government agency, and the inclusion of
environmental, social, and health considerations in the procurement process, and
stringent penalties for violations of the law. These provisions aim to promote
transparency, competitiveness, efficiency, and accountability in government
procurement, and to prevent corruption and abuse of authority in the procurement
process.