04.1 Repubilic Act 544
04.1 Repubilic Act 544
REPUBLIC ACT
NO. 544
AN ACT TO REGULATE THE PRACTICE OF
CIVIL ENGINEERING IN THE PHILIPPINES
ARTICLE I: SECTION 01 TITLE OF ACT
TITLE OF THE ACT AND
DEFINITION OF TERMS
SECTION 02 DEFINITION OF TERMS
SECTION 01 TITLE OF ACT
(a) The practice of civil engineering within the meaning and intent of
this Act shall embrace services in the form of consultation, design,
preparation of plans, specifications, estimates, erection, installation
and supervision of the construction of streets, bridges, highways,
railroads, airports and hangars, port works, canals, river and shore
improvements, lighthouses, and dry docks; buildings, fixed structures
for irrigation, flood protection, drainage, water supply and sewerage
works; demolition of permanent structures; and tunnels. The
enumeration of any work in this section shall not be construed as
excluding any other work requiring civil engineering knowledge and
application.
SECTION 02 DEFINITION OF TERMS cont.
(b) The term “civil engineer” as used in this act shall mean a person
duly registered with the Board for Civil Engineers in the manner as
hereinafter provided.
SECTION 03 COMPOSITION OF BOARD
Within thirty days after the approval of this Act there shall be created
a Board of Examiners for Civil Engineers, hereinafter referred to as the
Board, to be composed of a chairman and two members who shall be
appointed by the Secretary of Public Works and Communication. The
members of the Board shall hold office for a term of three years after
appointment or until their successors shall have been appointed and
shall have qualified. The first members of the Board appointed under
this Act shall hold office for the following terms: One member for one
year; one member for two years; and one member for three years.
Each member of the Board shall qualify by taking the proper oath of
office before entering upon the performance of his duties.
SECTION 03 COMPOSITION OF BOARD cont.
The Board may, with the approval of the Secretary of Public Works
and Communication issue such rules and regulations as may be
deemed necessary to carry out the provisions of this Act. The board
shall also adopt a code of ethics in the practice of civil engineering
and have an official seal to authenticate its official documents.
SECTION 05 QUALIFICATIONS OF BOARD MEMBERS
The Board of Examiners for Civil Engineers shall charge for each
application for examination the sum of forty pesos payable to the
collecting and disbursing officer of the Bureau of Civil Service upon filing
of said application, and for each certificate of registration, twenty pesos.
Each member of the Board shall receive a compensation of five pesos for
each applicant examined. A civil engineer in the service of the
Government of the Republic of the Philippines appointed as member of
the Board shall receive the compensation as herein provided, in addition
to his salary in the Government. All authorized expenses of the Board,
including the compensation provided for herein, shall be paid by the
collecting and disbursing officer of the Bureau of Civil Servcie out of
such appropriation as may be made for the purpose.
SECTION 07 ANNUAL REPORT
The Board shall, at the end of each fiscal year, submit to the Secretary
of Public Works and Communication a detailed report of its activities
and proceedings during the period covered by the fiscal year ended.
EXAMINATION
SECTION 08 REQUIREMENT
EXECUTIVE OFFICER
SECTION 11
OF THE BOARD
QUALIFICATIONS FOR
SECTION 12 EXAMINATION
EXEMPTION FROM
SECTION 15 REGISTRATION
REFUSAL TO ISSUE
SECTION 16
CERTIFICATE
SUSPENSION AND
ARTICLE III: SECTION 17 REVOCATION OF
EXAMINATION AND CERTIFICATES
REGISTRATION
RE-ISSUE AND
SECTION 18 REPLACEMENT OF
CERTIFICATES
All applicants for registration for the practice of civil engineering shall
be required to pass a technical examination as hereinafter provided.
SECTION 09 HOLDING OF EXAMINATION
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. Plans and specifications prepared by, or under the
direct supervision of a registered civil engineer shall be stamped with
said seal during the life of the registrant’s certificate, and it shall be
unlawful for any one to stamp or seal any documents with said seal
after the certificate of registrant named thereon has expired or has
been revoked, unless said certificate shall have been renewed or re-
issued.
SECTION 15 EXEMPTION FROM REGISTRATION
c. Provided, however. That there shall be nothing in this Act that will
prevent any person from constructing his own (wooden or light
material) residential house, utilizing the services of a person or persons
required for the purpose, without the use of a civil engineer, as long as
he does not violate local ordinances of the place where the building is to
be constructed.
4. Nor shall anything in this Act prevent any person who prior to the
approval of this Act have been lawfully engaged in the practice of
“maestro de obras” to continue as such, provided they shall not
undertake the making of plans supervision for the following classes of
work:
The Board for Civil Engineers shall not issue a certificate to any person
convicted by a court of competent jurisdiction of any criminal offense
involving moral turpitude, or to any person guilty of immoral or
dishonorable conduct, or to any person guilty of immoral or
dishonorable conduct, or to any person of unsound mind. In the event
of a refusal to issue a certificate to any person, the Board shall give to
the applicant a written statement setting forth its reason for such
action, which statement shall be incorporated in the records of the
Board.
SECTION 17 SUSPENSION AND REVOCATION OF CERTIFICATES
The Board shall have the power, after due notice and hearings to
suspend or revoke the certificate of registration for any cause
mentioned in the preceding section.
SECTION 18 RE-ISSUE AND REPLACEMENT OF CERTIFICATES
The Board may, after the expiration of one year from the date of
certificate of registration is revoked and for reasons it may deem
sufficient, entertain an application for a new certificate of registration
from the registrant concerned. Such application shall be
accomplished in the same form prescribed for examination, but the
Board may, in its discretion, exempt the applicant from taking the
requisite examination.
SECTION 19 TRANSITORY PROVISIONS
As soon as this Act takes effect, any person desiring to practice the
profession of civil engineering shall be required to obtain a certificate
of registration in the manner and under the conditions hereinafter
provided.
All civil engineers duly licensed under the provisions of Act Numbered
Twenty-nine hundred and eighty-five, as amended, at the time this
Act takes effect, shall be automatically registered under the provisions
hereof. Certificates of registration held by such persons in good
standing shall have the same force and effect as though the same
have been issued under the provisions of this Act.
SECTION 19 TRANSITORY PROVISIONS cont.
PENAL
SECTION 22 PROVISIONS
SECTION 20 ENFORCEMENT OF THE ACT BY OFFICERS OF THE LAW
It shall be the duty of all duly constituted law officers of the national,
provincial, city and municipal governments, or any political
subdivisions thereof, to enforce the provisions of this Act and to
prosecute any person violating the same.
SECTION 21 REGISTRATION REQUIRED
registration, or any person who shall violate any of the provision of this
Act, shall be guilty of a misdemeanor and shall, upon conviction, be
sentenced to a fine of not less than five hundred pesos nor more than
two thousand pesos, or to suffer imprisonment for a period of not less
than six months not more than one year, or both, in the discretion of
the court.
PREPARATION OF PLANS
SECTION 23 AND SUPERVISIONS OF
CONSTRUCTION BY
ARTICLE V: REGISTERED CIVIL
ENGINEER
MISCELLANEOUS
PROVISIONS
SECTION 24
RECIPROCITY
SECTION 25 REQUIREMENTS
ROSTER OF
SECTION 26 CIVIL ENGINEERS
ARTICLE V:
MISCELLANEOUS
SECTION 27 REPEAL
PROVISIONS
CONSTRUCTION
SECTION 28 OF ACT
SECTION 29 EFFECTIVITY
SECTION 23 PREPARATION OF PLANS AND SUPERVISIONS OF
CONSTRUCTION BY REGISTERED CIVIL ENGINEER
civil engineers shall only render work and services proper for a civil
engineer, as defined in this Act, and the members who are architects
shall also only render work and services proper for an architect, as
defined in the law regulating the practice of architecture; individual
members of such firms, partnership or association shall be responsible
for their own respective acts.
SECTION 25 RECIPROCITY REQUIREMENTS
SECTION 29 EFFECTIVITY
ART. 1415
Where one of the parties to an illegal contract is incapable of giving consent, the courts
may, if the interest of justice so demands, allow recovery of money or property delivered
by the incapacitated person.
ART. 1416
When the agreement is not illegal per se but is merely prohibited and the prohibition
by the law is designed for the protection of the plaintiff, he may, if public policy is
thereby enhanced, recover what he has paid or delivered.
ART. 1417
When the price of any article or commodity is determined by statue, or by authority of
law, any person paying any amount in excess of the maximum price allowed may
recover such excess.
ART. 1418
When the law fixes, or authorizes the fixing of the maximum number of hours of labor,
and a contract is entered into whereby a laborer undertakes to work longer than the
maximum thus fixed, he may demand additional compensation for service rendered
beyond the time limit.
ART. 1419
When the law sets, or authorizes the setting of a minimum wage for laborers, and a
contract is agreed upon by which a laborer accepts a lower wage, he shall be entitled to
recover the deficiency.
ART. 1420
In case of a divisible contract, if the illegal terms can be separated from the legal ones,
the latter may be enforced.
ART. 1421
The defense of illegality of contracts is not available to third persons whose interests are
not directly affected.
ART. 1422
A contract which is the direct result of a previous illegal contract, is also void and
inexistent.
THANK YOU FOR LISTENING
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