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TitleRA 544- CE LAW
Tags Civil Engineering U.S. Securities And Exchange Commission Philippines Engineer
File Size516.7 KB
Total Pages17
Table of Contents
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Document Text Contents
Page 1

FIFTEENTH CONGRESS OF THE REPUBLIC}
OF THE PHILIPPINES }

First Regular Session }

SENATE '-J ',:/ "1 {il
Senate Bill No. {., , {I.!I

Introduced by SENATOR PANFILO M, LACSON

EXPLANATORY NOTE

.:~!?l1l,ltt'
tc)HJ:t \If HIP. ~rf\'l"bfY

'11 MAR 31 P5:05

The Civil Engineering Law, Republic Act No. 544, which governs the practice of civil
engineering in the Philippines, was last amended 55 years ago.

Since then, the number of registered civil engineers has grown to over 90,000 today. A
new role for the civil engineer has likewise evolved in the light of globalization and cross- border
practice. Whereas before the civil engineer was confined to the application of technical
knowledge and skills in the successful implementation and completion of projects, the civil
engineer is now conti'onted with a broader range of issues to deal with. The civil engineer now
has to face the challenges of integrating 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.

This Bill, therefore, seeks to achieve the following objectives:

1. To attune the law to the needs for national development;

2. To strengthen the profession and enable the civil engineers to cope with the formidable
challenges brought about by globalization and cross-border practice;

3. To continually upgrade the level of competence of the civil engineers through:
a. peer recognition of specialization in civil engineering,
b. continuing professional development, and
c. strengthening of the accredited professional organization of civil engineers;

4. To define more clearly the practice of civil engineering in the Philippines by foreign
nationals;

5. To promote the growth of the consulting sector by making it cognizant of the
international philosophy of multi-disciplinary consultancy services;

6. To remove a provision that makes contracting of multi-disciplinary consultancy
services unnecessarily difficult, complicated and impracticable and which now
adversely affects the infrastructure of the government to the extent that work and
payment to contracted parties on projects are suspended; and

7. To make the law better serve and safeguard public interest by establishing a clear,
precise and practicable delineation of professional and corporate contractual
accountability in the civil engineering practice.

Page 2

In view of the foregoing, the immediate passage of this Bill is earnestly sought.

PA~~~ACSON
\/Senator

Page 8

/

Sec. 7. Qualifications of Board Members - Each member of the Board shall, at the time

of his appointment:

(a) Be a citizen and resident of the Philippines;

(b) Be at least thirty (30) years of age and of good moral character;

(c) Be a holder ofa bachelor's degree in Civil Engineering fi'om a recognized and legally

constituted school, institute, college, or university;

(d) Be a Civil Engineer duly qualified to practice Civil Engineering in the Philippines;

(e) I-las practiced Civil Engineering, with a certificate as such, for a period of not less

than ten (10) years prior to his appointment. At least five (5) years of such practice

must be as either Civil Engineer-of-Record, Civil Engineer In-charge of Construction,

or Civil Engineer Prime Professional;

(f) Not be a member of the faculty of any school, institute, college, or nniversity where

Civil Engineering course is taught, nor have a pecuniary interest in such institutions;

(g) Be an active member in good standing ofthe PICE.

Sec. 8. Compensation Of The Board - The members of the Board shall each receive

as compensation the sum comparable to, and in like manner with, the compensation received by

like members of other existing professional regulatory boards under the Commission. A Civil

Engineer in the service of the goverl1l1lent of the Republic of the Philippines appointed as

member of the Board shall receive the compensation as herein provided, in addition to any

compensation received in such service.

Sec. 9. Annual Report - The Board shall, at the end of each fiscal year, submit to the

Commission a detailed report of its activities and proceedings during the period covered by the

fiscal year ended.

ARTICLE III

EXAMINATION, REGISTRATION AND CERTIFICATION

Sec. 10. Examination Requirement - All applicants for registration for the practice of

Civil Engineering shall be required to pass a technical examination as hereinafter provided.

Page 9

"

Sec. 11. Holding Of Examination - Examination of candidates for the practice of Civil

Engineering in the Philippines shall be conducted at such places and on such dates determined,

fixed, and announced by the Commission in accordance with the laws, rules, and regulations

governing the conduct of licensure examinations for all existing professional regulatory boards

under the Commission.

Sec. 12. Subjects Of Examination - Applicants for registration for the practice of Civil

Engineering shall be examined, in the discretion of the Board, on the following subjects:

(a) General Civil Engineering including, but not limited to project planning, designs and

management, manual of practice, codes and regulations, economics, enviromnental impact

assessment; materials testing and inspection, surveying, highway and railroad surveying; plane,

topographic and hydrographic surveying, and advanced surveying; numerical methods for

computer application; mathematics such as algebra, plane and spherical trigonometry, analytic,

descriptive and solid geometry, differential and integral calculus, and rational and applied

mechanics.

(b) Construction management and engineering including, but not limited to contracts,

enviromnent, cost estimates, unit cost development, construction schedule, manpower and

equipment scheduling and control, material control, pert-cpm, bar chart schedule, project

monitoring, s-curve, network analysis, time scheduling, project activities, project cost, project

control, quality assurance, bidding, tender doclll1lents, specifications, construction supervision.

(c) Transportation engineering including, but not limited to theory and practice of

transportation engineering, transportation and traffic engineering studies, pla1111ing, design and

construction of highways including pedestrian facilities, railways, ports and harbors, and

airports.

(d) Structural engineering including, but not limited to theory of structures, properties of

materials, lateral load analysis, earthquake engineering, wind engineering, fW1ctional planning,

floor plans, elevations, sections, utilities, design of wooden, reinforced concrete, steel, and

composite buildings, bridges, towers, walls, foundations, silos, and masonry structures.

(e) Geotechnical engineering including, but not limited to soil composition, classification

of soils, compaction of soils, flow of water in soils, permeability, seepage, flow nets, effective

Page 16

Sec. 34. Requirement for A Written Service Agreement, Appointment or

Employment Contract - Any person or entity whether private or public, Filipino or foreign,

who shall entice, compel, coerce, require, or otherwise cause a duly registered Civil Engineer to

perform or undertake any Civil Engineering work or professional service without first executing

a written service agreement, appointment or employment contract shall be deemed guilty of

violation of this Act.

Sec. 35. Positions In Government Requiring The Services Of A Civil Engineer -

Within six (6) months from the effectivity of this Act, all existing and proposed positions in the

local and national government offices, whether appointive, career, permanent, temporary, or

contractual and primarily requiring the services of Civil Engineers whether or not using that

designation shall be filled only by registered Civil Engineers who are members in good standing

of the PICE.

Sec. 36. Penal Provisions - Any person who shall practice or offer to practice Civil

Engineering in the Philippines without being registered in accordance with the provisions of this

Act or any person presenting or attempting to use as his/her own the certificate of

registration/professional identification card of a registered Civil Engineer, or any person who

shall give any false or forged evidence of any kind to the Board, or any person who shall

impersonate any registered Civil Engineer of different name, or any person who shall attempt to

use a revoked or suspended certificate of registration/professional identification card, or any

person 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/she is a Civil Engineer, without holding

a valid certificate of registration, or any head of a government agency or officer of a private firm

or institution who fails to secure a special temporary pennit from the Board subject to approval

of the Commission prior to engaging the services of a foreign national to practice Civil

Engineering under the employ or engagement by the agency, firm or institution, nnless such

foreign national has already been issued a special temporary permit, or foreign nationals who

engage in the practice of Civil Engineering in the Philippines without the benefit of a special

temporary permit, or any person, partnership, or officers of corporation who shall violate Section

31 or any of the provisions of this Act and its implementing rules and regulations, shall be guilty

Page 17

• ••

of a misdemeanor and shall, upon conviction, be sentenced to a fine of not less than one hnndred

thousand pesos (PIOO,OOO) nor more than one million pesos (PI,OOO,OOO), or to suffer

imprisonment for a period of not less than six months nor more than three years, or both, at the

discretion of the COUIt. Foreign nationals who engage in the practice of Civil Engineering in the

Philippines without the benefit of a special temporary permit shall also be subject to deportation.

Sec. 37. Repeal - All laws, parts of laws, orders, ordinances, or regulations in conflict

with the provisions ofthis Act are hereby repealed. No laws of other allied professions shall limit

the scope of the practice of Civil Engineering nor shall exclude the Civil Engineer from

practicing his/her profession as defined in this Act: Provided, that he/she does not designate

himself/herself as such as other professional. Nothing in this Act would likewise limit the other

professionals from practicing their own respective professions: Provided, that such professional

does not designate himself/herself as a Civil Engineer.

Sec. 38. Separability Clause - If any part or section of this Act shall be declared

unconstitutional, such declarations shall not invalidate the other provisions hereof.

Sec. 39. Effectivity - This Act shall tal(e effect upon its approval.

Approved,

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