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CE Laws and contracts > CE LAWS > Flashcards

CE LAWS Flashcards

1
Q

An Act to Regulate the Practice of Civil
Engineering in the Philippines

A

Republic Act No. 544

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2
Q

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

A

Republic Act No. 544

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3
Q

Date that the republic act no, 544 was approved

A

June 17, 1959

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4
Q

It consist of five articles namely

A

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

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5
Q

An act to regulate the practice of
the professions of engineer and
architect

A

Act no. 2985

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6
Q

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”

A

ActNo. 1582

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7
Q

This act shall be known as the
“Civil Engineering Law”

A

Republic Act No. 544

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8
Q

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

A

Three Years

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9
Q

Duties of the Boards

A
  • 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
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10
Q

Qualifications of Board Members

A

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.

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11
Q

Examinations shall be conducted in the
cities _____

A

Manila, Baguio, Cagayan De
Oro, Cebu, Davao, Iloilo, Legazpi,
Lucena, Tacloban, Tuguegarao and
Zamboanga provided that such days do
not fall on official holidays.

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12
Q

Who is the handler of the subject Mathematics, Surveying and Transportation Engineering

A

Dr. Pericles Dakay

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13
Q

Who is the handler of the subject Hydraulics and Geotechnical Engineering

A

Dr. Romeo Enstanero

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14
Q

Who is the handler of the subject Structural Engineering and Construction

A

Dr. Praxedes P. Bernardo

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15
Q

The duties of the Executive Officer of the Board

A

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)

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16
Q

Who shall be the executive officer of the board

A

The commissioner of professional
regulation commission

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17
Q

Qualifications for examination

A

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.

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18
Q

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.

A

TRUE

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19
Q

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.

A

TRUE

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20
Q

Board shall not issue a certificate.

A

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

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21
Q

What act amended act no. 2985

A

Act No. 3159

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22
Q

What Section of Act No. 2985 does Act no. 3159

A

Section 24 “the practices of maestro de obras”

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23
Q

Give Example of permissible
advertising

A

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

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24
Q

Client-Civil engineer relationship

A

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

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25
Q

It involves submission of a technical proposal in one envelope and a price proposal in a second envelope.

A

Two-Enveloper System

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26
Q

What does this acronym mean QBS

A

Qualification Based Selection

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27
Q

What does RFP mean

A

Request for Proposal

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28
Q

What does RFQ mean

A

Request for Qualifications

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29
Q

it refers to an eight-hour day and is frequently the basis of charging for direct personal engineering services

A

Per Diem

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30
Q

an amount to compensate the civil engineer for contingencies, intertest on invested capital, readiness to serve, and profit

A

Fixed Free

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31
Q

, the Civil Engineer is reimbursed for the actual costs of all services and supplies related to the project

A

Cost plus fixed fee

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32
Q

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.

A

Cost plus fixed fee

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33
Q

used when the Civil Engineer is required to start providing service before the detailed scope of services can be determined.

A

Cost plus fixed fee

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34
Q

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.

A

Fixed Price

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35
Q

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.

A

Percentage of Construction cost

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36
Q

Book I

A
  • Persons and Family Relations
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37
Q

Book II

A

– Property, ownership, and its
Modifications

38
Q

book III

A

Modes of Acquiring Ownership

39
Q

Book IV X

A

– Obligations and Contracts

40
Q

Book V

A

– Torts and Damages

41
Q

Republic Act No. 386

A

Civil Code of the Philippines

42
Q

When does Republic Act No. 386 enacted and Signed

A

June 18 1949

43
Q

is a juridical necessity to give, to
do, or not to do

A

Obligation

44
Q

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

A

Natural obligation

45
Q

the actors involved in an obligation

A

Parties

46
Q

one who
demands the fulfillment of an obligation

A

Active subject

47
Q

one who
has the duty to fulfill an obligation

A

Passive Subject

48
Q

– the conduct to be performed by the
passive subject for the active subject.

A

Prestation

49
Q

– the relation that
binds the parties to an obligation.

A

Juridical Ties

50
Q

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

A

Law

51
Q

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;

A

Contract

52
Q

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

A

Quasi-Contract

53
Q

if one voluntarily takes
charge of the agency or management of
another person’s property on his behalf
without his consent or authority

A

Negotiorum gestio

54
Q

– 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.

A

Solution indebiti

55
Q

when there is a civil liability resulting
from criminal offense; should be governed by the
penal laws;

A

Delict

56
Q

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.

A

Quasi-Delict

57
Q

performance is not
subject to any condition, and can be
immediately demandable.

A

Pure Obligation

58
Q

performance is
subject to a condition, and can only be
demandable upon the happening of an
event.

A

Conditional Obligation

59
Q

performance is
subject to a period, and can only be
demandable when that period expires.

A

Obligation with a period

60
Q

– there is only one
prestation

A

Simple Obligation

61
Q

– there are two or
more prestation.

A

Compound Obligation

62
Q

there are
several prestation and all of them can
be performed separately

A

Conjunctive Obligation

63
Q

only one of
the several prestation can be performed.
It may be alternative or facultative.

A

Disjunctive obligation

64
Q

– there is one debtor
and one creditor.

A

Individual Obligation

65
Q

– there are two or
more debtors and two or more creditors.

A

Collective Obligation

66
Q

– the prestation is
divided among each debtor and/or the
demand for it is divided among each
creditor

A

Joint Obligation

67
Q

– the prestation
may be performed by any one of the
debtors, and/or its entire compliance
may be performed by any of the
creditors

A

Solidary Obligation

68
Q

the prestation can be
partially performed.

A

Divisible obligation

69
Q

– the prestation cannot be
partially performed

A

Indivisible obligation

70
Q

the main/principal
presentation that is essential and from which the
accessory obligation/s arise.

A

Principal Obligation

71
Q

the secondary/accessory prestation that should be
performed in connection with the primary
obligation.

A

Accessory Obligation

72
Q

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

A

Obligation with Penal Cause

73
Q

only one party is bound
to perform a prestation.

A

Unilateral Obligation

74
Q

both parties are bound to
each other in performing their respective
prestation.

A

Bilateral Obligation

75
Q

– one party is bound
to perform a prestation in exchange for the
other party’s performance.

A

Reciprocal Obligation

76
Q

has legal basis; give a right of
action to compel its performance

A

Civil Obligation

77
Q

arises from laws

A

legal obligation

78
Q

Arises from
contracts with the force of the law

A

Conventional Obligation

79
Q

arises from delicts and
criminal offences.

A

Penal Obligation

80
Q

– 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

A

Natural obligation

81
Q

the prestation is to do or
not to do act

A

Personal Obligation

82
Q

– to do an act

A

Positive Obligation

83
Q

– not to do an act

A

Negative Obligation

84
Q

he prestation is to give or
deliver a thing:

A

Real obligation

85
Q

-to deliver a
determinate thing

A

Determinate Obligation

86
Q

-to deliver a
generic thing

A

Generic Obligation

87
Q

the creation of anew and different
obligation through the total or partial modification
of an old obligation that it substituted.

A

Novation

88
Q

– 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

A

Annulment

89
Q

– 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.

A

Rescission

90
Q

– the loss of certain right upon the
lapse of time

A

Prescription

CE Laws and contracts (1 decks)

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