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TECHNOLOGICAL INSTITUTE OF THE PHILIPPINES

938 Aurora Boulevard, Cubao, Quezon City

COLLEGE OF ENGINEERING AND ARCHITECTURE

Civil Engineering Department

CE 512
CE LAWS, ETHICS, CODES AND STANDARDS

FINAL EXAM
Summer 2017

GROUP IWAS

SUBMITTED BY:
ASOMBRADO, GIO
GALLANO, LAARNI
MALVECINO, JUZTINE
SORIANO, MICHELLE

CE52FA2

SUBMITTED TO:
ENGR. MICO P. CRUZADO
 Do Civil Engineers Really Require PCAB
License to Construct or Build (or to be a
Contractor)?

as per Eddie_Naldoza_14:
Republic Act No. 544
Article 1 : Section 2
(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, INTALLATION 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.
*Note that Erection and Installation are other types of act or forms of Construction, if it
not absolutely mean in all sense, the act of Constructing itself. By virtue of the Republic
Act 544 a Civil Engineer is entitled to his right to Construct or Build.
*The Institution of Civil Engineers (ICE), UK defines Civil Engineers as:
Civil engineers design and BUILD bridges, roads, railways, and tunnels. They design
and build tall structures and large buildings such as multi-storey car parks, train
stations, and even the Olympic stadium.
*The American Society of Civil Engineers (ASCE) defines Civil engineers as those who
design and BUILD the systems that bring us water and power. They BUILD the
infrastructure within our national parks. Civil engineers BUILD mass transit.
*Most Dictionaries define Civil Engineering as the branch of engineering concerned with
the design and CONSTRUCTION of such public works as dams or bridges.
Now if PCAB tells us, Civil Engineers, that we cannot perform the Build or Construction
part of our duty unless we obtain a PCAB License then it is clearly a violation of the
Republic Act No. 544 and a total disregard of the definition of the Civil Engineering
profession.

http://forum.legitipines.com/forum-1/topic/do-civil-engineers-really-require-pcab-license-to-construct-
or-build-or-to-be-a-contractor/
PCAB clearly defines Contractor as synonymous to the term Builder
Republic Act No. 4566
ARTICLE II : Application of the Act
Section 9. Definition of terms. As used in this Act:
(b) Contractor is deemed synonymous with the term builder and, hence, any person
who undertakes or offers to undertake or purports to have the capacity to undertake or
submits a bid to, or does himself or by or through others, construct, alter, repair, add to,
subtract from, improve, move, wreck or demolish any building, highway, road, railroad,
excavation or other structure, project, development or improvement, or to do any part
thereof, including the erection of scaffolding or other structures or works in connection
therewith. The term contractor includes subcontractor and specialty contractor.
Therefore, Civil Engineers as Builders, is also deemed synonymously as Contractors
Hence in:
Section 14. Architects and Engineers.
This Act shall not apply to a registered civil engineer or a licensed architect acting solely
in his professional capacity.
and in:
Republic Act No. 4566 Implementing Rules and Regulation
RULE 15 ENFORCEMENT OF THE LAW
Sec. 15.1 Application of the Law and Exemptions therefrom R.A. 4566, P.D. 1746 and
the provisions hereof shall apply to all construction contracting activities and
undertakings by all builders, general engineering constructors, general building
constructors and specialty constructors, all as defined in Sec. 9(b-c-d-e) of R.A. 4566,
except the following which, as provided in Sec. 10, Sec. 11, Sec. 12, Sec. 13, Sec. 14,
and Sec. 15 of R.A. 4566, shall be exempt from the application thereof:
b) Architects and Engineers
A registered civil engineer or a licensed architect acting solely in his professional
functions as defined in R.A. 544, otherwise known as the Civil Engineering Law, or in
R.A. 545, otherwise known as the Architecture Law;
Nothing in this Act (RA 4566) states that Civil Engineers are only exempted specifically
to the design and supervision aspects of our practice, it is the build portion that we need
to secure a PCAB license for not the practice of our profession. Per RA 544, Registered
Civil Engineers are already licensed to Construct or Build or cause to construct, per se.
This is pretty straightforward without any complication. Please do not over-complicate
things. PCAB statement only implies a deprivation of the Civil Engineers right to Build
and Construct.
Why would PCAB give Civil Engineers exemption to Design and Supervision of
construction works in the first place, when in fact the Design and Supervision scope of a
Civil Engineer is already covered by RA 544? This is not supposed to be an exemption
as this is an automatic right and privilege of Civil Engineers.
Had there not been a Section 14 in the RA 4566 would that mean that the Civil
Engineers duties, rights and privileges under RA 544 will be useless as the profession
will be entirely covered by RA 4566?

http://forum.legitipines.com/forum-1/topic/do-civil-engineers-really-require-pcab-license-to-construct-
or-build-or-to-be-a-contractor/
Responded by pcametro:
There is no conflict between RA 544 and RA 4566. Section 14 of RA 4566 does
not extend an absolute exemption to registered architects and engineers; it limits the
exemption to cases where the registered architect or engineer acts solely in his
professional capacity.
The answer therefore lies in the use of the word solely. A licensed civil engineer who
contracts to carry out construction for his own profit or loss and not a professional fee
no longer acts solely in his professional capacity as civil engineer and is therefore not
exempt from licensing as a contractor under the terms of RA 4566. A licensed civil
engineer, in order to carry out the build portion of design-build must therefore secure a
license from PCAB before engaging in construction contracting in the country.
Section 43 of RA 4566 provides that All Acts or parts of Acts inconsistent with this Act
are hereby repealed. Bear in mind that RA 4566 was enacted in 1965 as opposed to
RA 544 (1950) and RA 1582 (1956).
There is no over-complication of the issue. It must be understood that professional
qualification is not the only requirement in the issuance of a contractors license.
Contractors are Classified and Categorized based on their technical qualifications and
experience (through Sustaining Technical Employees who must technology
professionals licensed by the Professional Regulation Commission and of academic
discipline relevant to the classification of intended assignment) on the one hand and
financial capability (including equipment capacity) on the other.
PCAB, under RA 4566 and its IRR, licenses and regulates those engaged in
construction contracting including Design-Build professionals as far as the build
segment is concerned. After all, the purpose of contractors licensing is to ensure, for the
safety of the public, that only qualified and reliable contractors are allowed to undertake
construction in the country.

http://forum.legitipines.com/forum-1/topic/do-civil-engineers-really-require-pcab-license-to-construct-
or-build-or-to-be-a-contractor/