CE LAWS Flashcards
An Act to Regulate the Practice of Civil
Engineering in the Philippines
Republic Act No. 544
This act serves as the guide for the Civil engineers as to what are the services that they are allowed to
offer to the clients or company. I
Republic Act No. 544
Date that the republic act no, 544 was approved
June 17, 1959
It consist of five articles namely
Article I – Title of the act and Definition of
terms
Article II – Board of examiners for civil
engineers
Article III – Examination and registration
Article IV – Enforcement of act and penal
provisions
Article V –Miscellaneous Provisions
An act to regulate the practice of
the professions of engineer and
architect
Act no. 2985
An act to repeal and replace
section 24 of republic act
numbered 544 entitled “An
Act to regulate the practice
of Civil Engineering in the
Philippines”
ActNo. 1582
This act shall be known as the
“Civil Engineering Law”
Republic Act No. 544
Members of the Board – shall hold
office for a term of _____ after
appointment or until their successors
shall have been appointed and shall
have qualified
Three Years
Duties of the Boards
- Administer oath
- Issue, suspend and revoke certificates of
registration for the practice of civil
engineering - Issue certificates of recognition to civil
engineers for advanced studies,
research, and/or highly specialized
training in any branch of civil engineering
subject - Investigate violations of this act and the
regulations. - Issue subpoena and subpoena duces
tecum to secure appearance of
witnesses in connection with the charges
presented to the board - Inspect at least once a year educational
institution offering courses in civil
engineering, civil engineering woks,
projects or corporations, established in
the Philippines - Adopt a code of ethics in the practice of
civil engineering
Qualifications of Board Members
a. Be a citizen and resident of the
Philippines
b. Be at least 30 years of age and of good
moral character
c. Be a graduate of civil engineering from
recognized and legally constituted
school, institute, college or university
d. Be a registered civil engineer duly
qualified to practice engineering in the
Philippines:
e. Have practiced civil engineering, with
certificate as such for a period of not less
than ten years prior to his appointment
f. Not be a member of the faculty of any
school, institute, college, or university
where civil engineering course is taught,
nor have a pecuniary interest in such
institution;
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 three years.
Examinations shall be conducted in the
cities _____
Manila, Baguio, Cagayan De
Oro, Cebu, Davao, Iloilo, Legazpi,
Lucena, Tacloban, Tuguegarao and
Zamboanga provided that such days do
not fall on official holidays.
Who is the handler of the subject Mathematics, Surveying and Transportation Engineering
Dr. Pericles Dakay
Who is the handler of the subject Hydraulics and Geotechnical Engineering
Dr. Romeo Enstanero
Who is the handler of the subject Structural Engineering and Construction
Dr. Praxedes P. Bernardo
The duties of the Executive Officer of the Board
o shall conduct the examination given
by the board
o designate any subordinate officer of
the PRC to act as the secretary and
custodian of all records (examination
papers and minutes of the
deliberation of the board)
Who shall be the executive officer of the board
The commissioner of professional
regulation commission
Qualifications for examination
a. be at least 21 years of age
b. be a citizen of the Philippines
c. be a good reputation and moral
character; and
d. be a graduate of civil engineering from
school, institute, college or university
recognized by the government or the
state wherein it is established.
True or False
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.
TRUE
True or False
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.
TRUE
Board shall not issue a certificate.
o To any person convicted by a court
of competent jurisdiction of any
criminal offense involving moral
turpitude.
o To any person guilty of immoral or
dishonorable conduct
o To any person of unsound mind
What act amended act no. 2985
Act No. 3159
What Section of Act No. 2985 does Act no. 3159
Section 24 “the practices of maestro de obras”
Give Example of permissible
advertising
Professional cards
➢ Brochure
➢ Display advertising in recognized
dignified business and professional
publications
➢ Statement of the engineers’ names or
the name of the firm posted on projects
they rendered services
➢ Posting descriptive articles for technical
pressstating the direct participation in
the project
➢ Permission by engineers for their names
to be used in commercial
advertisements
Client-Civil engineer relationship
Obligation of the Civil Engineers
* Obligations of the Client
* Liability of the civil engineer and the client
* Suspension or termination of services
* Settlement of disputes
* Ownership of data and documents
It involves submission of a technical proposal in one envelope and a price proposal in a second envelope.
Two-Enveloper System
What does this acronym mean QBS
Qualification Based Selection
What does RFP mean
Request for Proposal
What does RFQ mean
Request for Qualifications
it refers to an eight-hour day and is frequently the basis of charging for direct personal engineering services
Per Diem
an amount to compensate the civil engineer for contingencies, intertest on invested capital, readiness to serve, and profit
Fixed Free
, the Civil Engineer is reimbursed for the actual costs of all services and supplies related to the project
Cost plus fixed fee
requires a prerequisite to equitable negotiations, that the client and the Civil Engineer define and agree upon the scope of services the Civil Engineer is to perform.
Cost plus fixed fee
used when the Civil Engineer is required to start providing service before the detailed scope of services can be determined.
Cost plus fixed fee
frequently used for investigations and studies and for basic services on design type projects where the scope and complexity of the assignment are clearly and fully defined.
Fixed Price
used to determine the compensation of the engineer for services where the principal responsibility is the detailed design or construction supervision of facilities to be constructed.
Percentage of Construction cost
Book I
- Persons and Family Relations
Book II
– Property, ownership, and its
Modifications
book III
Modes of Acquiring Ownership
Book IV X
– Obligations and Contracts
Book V
– Torts and Damages
Republic Act No. 386
Civil Code of the Philippines
When does Republic Act No. 386 enacted and Signed
June 18 1949
is a juridical necessity to give, to
do, or not to do
Obligation
is an obligation that has no
legal basis and hence does not give a right of
action to enforce its performance. It is based on
equity, morality, and natural law, and should be
voluntary
Natural obligation
the actors involved in an obligation
Parties
one who
demands the fulfillment of an obligation
Active subject
one who
has the duty to fulfill an obligation
Passive Subject
– the conduct to be performed by the
passive subject for the active subject.
Prestation
– the relation that
binds the parties to an obligation.
Juridical Ties
when there is an enforcement of law
itself; the obligation cannot be presumed,
and should be expressly or clearly provided
for in the law in order to demandable; such as the obligation of income earning persons to pay taxes
according to the national internal Revenue
code
Law
when there is a meeting of the
minds between the parties; the obligation
have the fore of law and should be complied
with in good faith;
Contract
when there is no meeting
of the minds between parties, but one party
benefited at the expense of the other party;
there is an obligation to pay for the
compensation so that no one shall be
unjustly enriched or benefited at the expense
of another
Quasi-Contract
if one voluntarily takes
charge of the agency or management of
another person’s property on his behalf
without his consent or authority
Negotiorum gestio
– received something
that does not rightfully and legally
belong to him;(civil code, artile 2154)
such as the obligation to return a money
received by mistake.
Solution indebiti
when there is a civil liability resulting
from criminal offense; should be governed by the
penal laws;
Delict
when ther is fault or negligence
that causes damage on another, there being no
prior meeting of the minds between the partiesl
there is an obligation to pay for the damage
done; (civil code, article 2176) such as the
obligation of a driver to pay for the damages he
caused to another due to negligence.
Quasi-Delict
performance is not
subject to any condition, and can be
immediately demandable.
Pure Obligation
performance is
subject to a condition, and can only be
demandable upon the happening of an
event.
Conditional Obligation
performance is
subject to a period, and can only be
demandable when that period expires.
Obligation with a period
– there is only one
prestation
Simple Obligation
– there are two or
more prestation.
Compound Obligation
there are
several prestation and all of them can
be performed separately
Conjunctive Obligation
only one of
the several prestation can be performed.
It may be alternative or facultative.
Disjunctive obligation
– there is one debtor
and one creditor.
Individual Obligation
– there are two or
more debtors and two or more creditors.
Collective Obligation
– the prestation is
divided among each debtor and/or the
demand for it is divided among each
creditor
Joint Obligation
– the prestation
may be performed by any one of the
debtors, and/or its entire compliance
may be performed by any of the
creditors
Solidary Obligation
the prestation can be
partially performed.
Divisible obligation
– the prestation cannot be
partially performed
Indivisible obligation
the main/principal
presentation that is essential and from which the
accessory obligation/s arise.
Principal Obligation
the secondary/accessory prestation that should be
performed in connection with the primary
obligation.
Accessory Obligation
the accessory
prestation imposes a penalty that shall be
substitute the indemnity for damages and the
payment of interests in case of noncompliance to
the principal prestation
Obligation with Penal Cause
only one party is bound
to perform a prestation.
Unilateral Obligation
both parties are bound to
each other in performing their respective
prestation.
Bilateral Obligation
– one party is bound
to perform a prestation in exchange for the
other party’s performance.
Reciprocal Obligation
has legal basis; give a right of
action to compel its performance
Civil Obligation
arises from laws
legal obligation
Arises from
contracts with the force of the law
Conventional Obligation
arises from delicts and
criminal offences.
Penal Obligation
– has no legal basis; does
not give a right of action to enforce its
performance but is based on equity and natural
law, and should be voluntary
Natural obligation
the prestation is to do or
not to do act
Personal Obligation
– to do an act
Positive Obligation
– not to do an act
Negative Obligation
he prestation is to give or
deliver a thing:
Real obligation
-to deliver a
determinate thing
Determinate Obligation
-to deliver a
generic thing
Generic Obligation
the creation of anew and different
obligation through the total or partial modification
of an old obligation that it substituted.
Novation
– the invalidation of a voidable
contract by a court action on the grounds of
incapacity to give consent, mistake, violence,
intimidation, undue influence, and fraud
Annulment
– the revocation, cancellation, or
repeal of a contract and the return of the parties
to the positions they would have had if the
contract had not been made.
Rescission
– the loss of certain right upon the
lapse of time
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