02-2021-0153.doc
Professional Organization of Civil Engineers (PICE)
Brief History of PICE
In the late 1920s, group of civil engineers from the
government sector formed the Philippine Society of Civil
Engineers (PSCE) which was the first civil engineering
organization in the Philippines with Engr. Marcial Kasilag as
its first president.
In 1937, the Philippine Association of Civil
Engineers (PACE) was formed. This time, it was a group of
civil engineers in the private sector with Engr. Enrique Sto.
Tomas Cortes as its first president.
The objectives of both organizations were similar with each
other in which both of them wants to: "elevate the standards
of the profession, encourage research and engineering
knowledge and technology, foster fellowship among
members, and promote interrelation with other technological
and scientific societies".
The PACE being the most active than the PSCE led to the
transfer of many PSCE members to PACE. In 1950, Republic
Act No. 544 (also known as the "Civil Engineering Law") was
passed through the efforts of PACE President Alberto
Guevarra.[4]
In 1972, PACE President Engr. Cesar A. Caliwara, exerted a
serious effort in merging the two organization. Leaders
of PACE and PSCE negotiated, and talked about the choice
of name. Some concerns were raised such as formal
accounting and turnover of assets and liabilities, accreditation
of bonafide members and election rules for the first officers
which were sooner resolved. These gave birth to
the Philippine Institute of Civil Engineers Inc. and on
December 11, 1973, the Securities and Exchange Commission
issued a registration certificate to the association.
In February 1974, the first election of officers was held and
Engr. Cesar Caliwara became its first president. In order to
truly unite the civil engineers of the Philippines, provincial
chapters were organized. On August 13, 1975, the
Professional Regulation Commission (PRC) recognized
the PICE as the only official organization of civil engineers in
the Philippines.
Affiliate societies
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Association of Structural Engineers of the
Philippines (ASEP)
Association of Accredited Consultant CE of the
Philippines (AACCEP)
Association of Civil Engineering Educators of the
Philippines (ACEEP)
City and Municipal Engineers Association of the
Philippines (CMEAP)
District Engineers League of the Philippines (DELP)
Philippine Association of Building Officials (PABO)
Provincial Engineers Association of the
Philippines (PEAP)
Road Engineering Association of the
Philippines (REAP)
Philippine Accredited Materials Engineers
Association (PAMEA)
Filipino Planning Engineers Association (FPEA)
Structural Engineers Association of Davao (SEAD)
References- various textbooks and internet source(google and
you tube)
Properties of Human Law:
1. Human laws must concern with divine laws.
2. Human laws must promote the common good.
3. Human laws must be just and not discriminatory of certain
individuals or groups.
4. Human laws must be practicable (easy compliance and not
impossible).
5. Human laws regulate external actions only
6. Human laws are fallible (laws must be dynamic, allowing
for adjustments in accordance with emergent ideas for
development.
Characteristics of Human Acts1. It must be performed by a conscious agent who is aware of
what he is doing and of its consequences,
2. It must be performed by an agent who is acting freely.
3. It must b performed by an agent who decides wilfully to
perform the act.
Steps of Action by a Moral person1. Wish
2. Intention
3. Consent
4. Election
5. Use
6. Fruition
The principal laws governing the construction
market in the Philippines are as follows.
Philippine Civil Code (RA386)
The Philippine Civil Code ("Civil Code") is the general law
that governs contractual relations in the Philippines, which
include construction contracts. Construction contracts are
governed by the general rule under the Civil Code that parties
are free to stipulate the terms of their agreement, provided that
these are not contrary to law, morals, good customs, public
order, or public policy.
Consequently, unless otherwise provided by law or contract, a
construction contract will be governed by the provisions of
the Civil Code on Obligations and Contracts and those
applicable to contracts for a "piece of work".
Presidential Decree No 1746 (PD 1746)
PD 1746 created the Construction Industry Authority of the
Philippines (CIAP) for the purpose of regulating the
construction industry in the Philippines. PD 1746 also
established the Philippine Contractors Accreditation Board
(PCAB), the licensing body for persons seeking to engage in
construction activities in the Philippines.
Republic Act No 4566 (Contractor's Licence Law)
The Contractor's Licence Law requires contractors to obtain a
licence from the PCAB (PCAB Licence), and also sets out the
procedure and requirements for the issuance of such licence.
Executive Order No 1008 (Construction Industry
Arbitration Law or CIAC Law)
The CIAC Law created the Construction Industry Arbitration
Commission (CIAC), which has its own CIAC Rules of
Procedure. The CIAC has original and exclusive jurisdiction
over construction disputes arising from a contract entered into
by parties involved in construction in the Philippines which
contain an arbitration clause.
Republic Act No 9184 (Government Procurement Reform
Act or GPRA)
The GPRA applies to all branches of the Philippine
government, and to all procurement activities involving
services and infrastructure projects.
The GPRA prescribes standard template conditions of
contract (also known as the General Conditions of Contract
and the Special Conditions of Contract). It affects the overall
construction contract when a government project is involved.
The GPRA also applies to foreign-funded infrastructure
projects, unless otherwise provided by the relevant treaty,
international agreement, or executive agreement.
Republic Act No 6957, as amended by Republic Act No
7718 (PPP Law)
The PPP Law governs public-private partnership (PPP)
infrastructure projects, specifically those which are under the
following schemes:
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build-operate-and-transfer;
build-and-transfer;
build-lease-and-transfer;
build-transfer-and-operate;
contract-add-and-operate;
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develop-operate-and-transfer;
rehabilitate-operate-and-transfer; and
rehabilitate-own-and-transfer.
Presidential Decree No 1096 (National Building Code of
the Philippines)
The National Building Code sets out the national policy and
the legal requirements relating to the design, location, siting,
construction, alteration, repair, conversion, use, occupancy,
maintenance, moving, demolition of, and addition to public
and private buildings and structures. It also serves as a basis
for local ordinances enacted by local government units for
implementation within their respective territorial jurisdictions.
Presidential Decree No 1445 (Government Auditing Code
of the Philippines or GACP)
The GACP needs to be considered when dealing with
construction contracts involving the government.
The GACP specifies that the powers of the Philippine
Commission on Audit (COA) extend to the examination, audit
and settlement of all debts and claims of any sort due from or
owing to the government or any of its subdivisions, agencies
and instrumentalities. This becomes relevant when, in the
event of a dispute, a contractor obtains a favourable judgment
against the government.
There have been several instances in the past when a CIAC
award against the government has been modified and reduced
by the COA, pursuant to its power to approve money claims
against the government. In Taisei Shimizu Joint Venture v
COA and DOTr (2020), the Supreme Court ruled that the
COA may not disregard final and executory judgments
rendered by courts and other adjudicative bodies by
disallowing any part of such final award.
Kinds of Rights1. Natural Rights- are those based on the natural law. Right to
live, right to education, the right to work.
2. Human Rights - are those based on human laws.
3. Alienable and Inalienable Rights - alienable rights are those
which can be surrendered, renounced, or removed.
4. Right of Jurisdiction- is the power to own, to sell, to barter,
to lend, to change, or give away one's personal possessions.
5. Right of Property- is the power to own, to sell, to barter, to
lend, to change, or give away.
6. Juridical Rights - refers to all rights insofar as they are
based on law. These rights must be respected, allowed,
fulfilled, as a manner of strict justice.
Bill of Rights
Section 1. No person shall be deprived of life, liberty, or
property without due process of law