LECTURE 1: INTRODUCTION TO GENERAL ETHICS AND ETHICAL VALUES CIVIL ○ It is a vocation in which professed knowledge of some

ENGINEERING CODE OF ETHICS THE PRACTICE OF CIVIL ENGINEERING branch of learning is used in its application to the affairs
A. Definition of Terms of others.
● CE Laws: The practice of civil engineering within the meaning and ● Key Characteristics of Modern Profession
intent of this Act shall embrace services in the form of a. substantial intellectual and practical training
consultation, design, preparation of plans, specifications, b. provision of a specialized skill and service
estimates, erection, installation and supervision of the c. high degree of professional autonomy and responsibility
construction of streets, bridges, highways, railroads, airports and d. an occupational organization controlling the profession
hangars, port works, canals, river and shore improvements, e. embargoes/restrictions on methods of attracting
lighthouses, and dry docks; buildings, fixed structures for business
irrigation, flood protection, drainage, water supply and sewerage f. a trust relationship with the client.
works; demolition of permanent structures; and tunnels. ● Ethics - derived from the Greek word ethos (Latin means
● Ethics: A set of standards by which a particular group decides to “mores”) which means “characteristic way of acting” which is
regulate its behavior. It is a system of moral principles by which proper to man as a rational being.
human actions and proposals may be judged as good or bad. ● Morality - refers to the quality of goodness or badness in a
● Contracts: the legal document concluded by all the parties human act. Good is described as “moral” and bad as “immoral”.
involved in the work, which clarifies the rights, duties and Morals is the rules for right conduct for all individuals. It implies
obligations of each party and all the legal and financial judgment and refers to what we would call moral standards and
procedures followed until the completion of the works provided moral conduct.
that such acts are legitimate and not contrary to the law. ● Therefore, it is viewed that MORALITY IS NOTHING ELSE BUT A
B. Profession and Ethics DOING OF ETHICS. ETHICS is used to refer to the formal study of
● What is profession? those MORAL STANDS AND MORAL CONDUCT.
○ It is referred to as a free act of commitment to a way of ● Important Roles of Professional Code of Ethics
life. The act or fact of professing – when a person a. Serving and protecting the public or society.
occupies a special social role that carries with it stringent b. Guidance for the primary responsibilities.
moral requirements. c. Inspiration, motivation and collective commitment.
○ It is referred to anyone who professed to be duly d. Shared standards for excellence and fair competition.
qualified. e. Positive Support for responsible professionals.
○ It also means that an occupation which one professes f. Education and mutual understanding about moral
(admits, agrees) to be skilled and to follow. responsibilities of professionals.

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 g. Deterrence (prevention/restriction) and discipline. 7. Civil Engineers shall continue their professional development
h. Contributing to the profession’s positive image. throughout their careers, and shall provide opportunities for the
C. Code of Ethics professional development of those civil engineers under their
Civil Engineers uphold and advance the integrity, honor, and dignity of supervision.
the civil engineering profession by: E. Guidelines to Practice under the Fundamental Canons of Ethics
1. using the knowledge and skill for the enhancement of human Canon 1: Civil Engineers shall hold paramount the safety, health and
welfare and the environment; welfare of the public and shall strive to comply with the principles of
2. being honest and impartial and serving with fidelity the public, sustainable development in the performance of their duties.
their employers/employees, and client; a. Civil Engineers shall recognize that the lives, safety, health and
3. striving to increase the competence and prestige of the civil welfare of the general public are dependent upon engineering
engineering profession; and judgement, decision and practices incorporated into structures,
4. supporting the professional and technical societies of their machine, products, processes and devices.
disciplines. b. Civil Engineers shall approve or seal only those design
D. Fundamental Canons of Ethics documents. Reviewed or prepared by them which are
1. Civil Engineers shall hold paramount the safety, health and determined to be safe for public health and welfare in conformity
welfare of the public and shall strive to comply with the principles with accepted engineering standards.
of sustainable development in the performance of their duties. c. Civil Engineering whose professional judgement is overruled
2. Civil Engineers shall perform services only in areas of their under circumstances where the safety, health and welfare of the
competence. public are endangered, or the principles of sustainable
3. Civil Engineers shall issue public statements only in an objective development ignored, shall inform their clients or employers of
and truthful manner. the possible consequences.
4. Civil Engineers shall act in professional matters for each d. Engineers who have knowledge or reason to believe that another
employer or client as faithful agents or trustees, and shall avoid person or firm may be in violation of any of the provisions of
conflicts of interest. Canon 1 shall present such information to the proper authority in
5. Civil Engineers shall build their professional reputation on the writing and shall cooperate with the proper authority in furnishing
merit of their services and shall not compete unfairly with others. such further information or assistance as may be required.
6. Civil Engineers shall act in such a manner as to uphold and e. Engineers should seek opportunities to be of constructive service
enhance the honor, integrity, and dignity of the civil engineering in civic affairs and work for the advancement of the safety, health
profession. and well-being of their communities, and the protection of the
environment through the practice of sustainable development.

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 f. Engineers should be committed to improving the environment by knowledge of the facts, upon a background of technical
adherence to the principles of sustainable development so as to competence, and upon honest conviction.
enhance the quality of life of the general public. d. Engineers shall issue no statements, criticisms, or arguments on
Canon 2: Civil Engineers shall perform services only in areas of their engineering matters which are inspired or paid for by interested
competence. parties, unless they indicate on whose behalf the statements are
a. Engineers shall undertake to perform engineering assignments made.
only when qualified by education or experience in the technical e. Engineers shall be dignified and modest in explaining their work
field of engineering involved. and merit, and will avoid any act tending to promote their own
b. Engineers may accept an assignment requiring education or interests at the expense of the integrity, honor and dignity of the
experience outside of their own fields of competence, provided profession.
their services are restricted to those phases of the project in Canon 4: Civil Engineers shall act in professional matters for each
which they are qualified. All other phases of such project shall be employer or client as faithful agents or trustees, and shall avoid conflicts
performed by qualified associates, consultants, or employees. of interest.
c. Engineers shall not affix their signatures or seals to any a. Engineers shall avoid all known or potential conflicts of interest
engineering plan or document dealing with subject matter in with their employers or clients and shall promptly inform their
which they lack competence by virtue of education or experience employers or clients of any business association, interests, or
or to any such plan or document not reviewed or prepared under circumstances which could influence their judgment or the
their supervisory control. quality of their services.
Canon 3: Civil Engineers shall issue public statements only in an objective b. Engineers shall not accept compensation from more than one
and truthful manner. party for services on the same project, or for services pertaining
a. Engineers should endeavor to extend the public knowledge of to the same project, unless the circumstances are fully disclosed
engineering and sustainable development, and shall not to and agreed to, by all interested parties.
participate in the dissemination of untrue, unfair or exaggerated c. Engineers shall not solicit or accept gratuities, directly or
statements regarding engineering. indirectly, from contractors, their agents, or other parties dealing
b. Engineers shall be objective and truthful in professional reports, with their clients or employers in connection with work for which
statements, or testimony. They shall include all relevant and they are responsible.
pertinent information in such reports, statements, or testimony. d. Engineers in public service as members, advisors, or employees
c. Engineers, when serving as expert witnesses, shall express an of a governmental body or department shall not participate in
engineering opinion only when it is founded upon adequate considerations or actions with respect to services solicited or

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 provided by them or their organization in private or public f. Engineers may advertise professional services in a way that does
engineering practice. not contain misleading language or is in any other manner
e. Engineers shall advise their employers or clients when, as a result derogatory to the dignity of the profession. Examples of
of their studies, they believe a project will not be successful. permissible advertising are as follows:
f. Engineers shall not use confidential information coming to them ● Professional cards in recognized, dignified publications,
in the course of their assignments as a means of making and listings in rosters or directories published by
personal profit if such action is adverse to the interests of their responsible organizations, provided that the cards or
clients, employers or the public. listings are consistent in size and content and are in a
g. Engineers shall not accept professional employment outside of section of the publication regularly devoted to such
their regular work or interest without the knowledge of their professional cards.
employers. ● Brochures which factually describe experience, facilities,
Canon 5: Civil Engineers shall build their professional reputation on the personnel and capacity to render service, providing they
merit of their services and shall not compete unfairly with others. are not misleading with respect to the engineer's
a. Engineers shall not give, solicit or receive either directly or participation in projects described.
indirectly, any political contribution, gratuity, or unlawful ● Display advertising in recognized dignified business and
consideration in order to secure work, exclusive of securing professional publications, providing it is factual and is not
salaried positions through employment agencies. misleading with respect to the engineer's extent of
b. Engineers should negotiate contracts for professional services participation in projects described.
fairly and on the basis of demonstrated competence and ● A statement of the engineers' names or the name of the
qualifications for the type of professional service required. firm and statement of the type of service posted on
c. Engineers may request, propose or accept professional projects for which they render services.
commissions on a contingent basis only under circumstances in ● Preparation or authorization of descriptive articles for the
which their professional judgments would not be compromised. lay or technical press, which are factual and dignified.
d. Engineers shall not falsify or permit misrepresentation of their Such articles shall not imply anything more than direct
academic or professional qualifications or experience. participation in the project described.
e. Engineers shall give proper credit for engineering work to those to ● Permission by engineers for their names to be used in
whom credit is due, and shall recognize the proprietary interests commercial advertisements, such as may be published
of others. Whenever possible, they shall name the person or by contractors, material suppliers, etc., only by means of
persons who may be responsible for designs, inventions, writings a modest, dignified notation acknowledging the
or other accomplishments. engineers' participation in the project described. Such

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 permission shall not include public endorsement of Canon 7: Engineers shall continue their professional development
proprietary products. throughout their careers, and shall provide opportunities for the
g. Engineers shall not maliciously or falsely, directly or indirectly, professional development of those engineers under their supervision.
injure the professional reputation, prospects, practice or a. Engineers should keep current in their specialty fields by
employment of another engineer or indiscriminately criticize engaging in professional practice, participating in continuing
another's work. education courses, reading in the technical literature, and
h. Engineers shall not use equipment, supplies, laboratory or office attending professional meetings and seminars.
facilities of their employers to carry on outside private practice b. Engineers should encourage their engineering employees to
without the consent of their employers. become registered at the earliest possible date.
Canon 6: Engineers shall act in such a manner as to uphold and enhance c. Engineers should encourage engineering employees to attend
the honor, integrity, and dignity of the engineering profession and shall and present papers at professional and technical society
act with zero tolerance for bribery, fraud, and corruption. meetings.
a. Engineers shall not knowingly engage in business or professional d. Engineers shall uphold the principle of mutually satisfying
practices of a fraudulent, dishonest or unethical nature. relationships between employers and employees with respect to
b. Engineers shall be scrupulously honest in their control and terms of employment including professional grade descriptions,
spending of monies, and promote effective use of resources salary ranges, and fringe benefits.
through open, honest and impartial service with fidelity to the F. Professional Responsibility
public, employers, associates and clients. The standard of practice is for Civil Engineers tobe given responsibility for
c. Engineers shall act with zero-tolerance for bribery, fraud, and studying, conceiving, designing, observing construction, and assiting in
corruption in all engineering or construction activities in which the programming for operating and maintaining engineering works.
they are engaged. Other services that are unforeseen initially may be required of the Civil
d. Engineers should be especially vigilant to maintain appropriate Engineer during the evolution of a project. Civil Engineers must always
ethical behavior where payments of gratuities or bribes are strive to maintain the highest standard of Ethical Professional Practice in
institutionalized practices. their dealing with Client employers, employees, competitors and the
e. Engineers should strive for transparency in the procurement and community.
execution of projects. Transparency includes disclosure of G. Client-Civil Engineer Relationship
names, addresses, purposes, and fees or commissions paid for a. Obligations of the Civil Engineer
all agents facilitating projects. 1. The Civil Engineer shall perform Scope of Services as
f. Engineers should encourage the use of certifications specifying stated in Section 2.
zero tolerance for bribery, fraud, and corruption in all contracts.

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2. The Civil Engineer shall exercise reasonable skill, care and The Civil Engineer shall not be liable for acts of
diligence in the performance of his obligations. negligence, default or omission by such person or
3. The Civil Engineer shall act independently and, as persons.
required by the contract, perform with the necessary 9. The Civil Engineer shall notify the client of any interest the
skills and professional judgement, when required to Civil Engineer has which may significantly conflict with
certify, decide or exercise discretion between the Client the interests of the client under their contract.
and a third party with whom the client has a contract. b. Obligations of the Client
4. The Civil Engineer is authorized to act as the Client’s 1. The client shall pay the Civil Engineer for his services, the
faithful agent when required but only as implied in amount of fees and expenses set out in or determined in
SECTION 2 or implied in the contract adopted for the their Agreement.
Project. 2. The Client shall provide the Civil Engineer within
5. When aware of any matters which will change or has reasonable time( that does not result in delay to the
changed the scope of the services, the Civil Engineer provision of the service), all information required by the
shall give written notice to the Client containing Civil Engineer in the performance of his services and a
particulars of the change. decision in writing on all matters properly referred to the
6. For Specified Staged Services, the Civil Engineer shall not client in writing.
initiate or proceed with any subsequent stage of the 3. The Client shall cooperate with the CE and shall not
Services without the approval of the Client. interfere with or obstruct the proper performance of the
7. When required, the Civil Engineer shall direct and service.
co-operate will all other professionals and integrate their 4. The client shall, as soon as practicable, make
work where applicable into that being undertaken by the arrangements to enable the CE to enter the site and
Civil Engineer and other professionals, but shall not be inspect facilities needed in the performance of his
professionally liable for their work. service.
8. The Civil Engineer may recommend specialist suppliers 5. The client shall arrange for the provision of services from
and/or contractors to design and execute certain parts other professionals or others as may be required and
of works, in which case the Civil Engineer shall bear all costs.
co-ordinate the design of such part or parts with the 6. When the CE is required to administer the work of other
overall design of the works but he shall be relieved of all professionals or other third parties who are directly
responsibility for the design, manufacture, installation, contracted by the client or when the CE is required to act
and performance of any such part or parts of the works. as Engineer-to-the Contract fir any contract on behalf of

Notes ni Jaimelyn, Marineil, and Eka

 the client then all instructions by he client shall be given
though the CE.
7. When aware of any matter which will change or has
changed the scope of the CE’s services, the client shall
notify in writing within 7 days the CE containing, as far as
is practicable, the particulars of the change.
c. Liability of the Civil Engineer and the Client
1. The CE shall only be liable to pay damages to the client
arising out of or in connection with their agreement if a
breach of duty of care is established against the CE.
2. The Client shall only be liable to pay damages to CE if the
breach of the client’s duty to the CE is established H. Specialization in Civil Engineering

against the client. ● Structural Engineering

3. Resolution of any conflict arising from the agreement ● Geotechnical Engineering

between the CE and client shall be done by giving ● Water Resource Engineering

preference to the process of arbitration. ● Transportation Engineering

d. Suspension or Termination of Services ● Construction Management And Engineering

1. The Client may suspend all or part of the service or ● Environmental Engineering

terminate the agreement by written notice of not less

than 30 days to the CE who shall immediately make
arrangements to stop the services and minimize futher
expenditures.
2. The CE by written notice of not less than 30 days may
terminate the agreement or at his and or her discretion
without prejudice to the right to terminate, suspend the
performance of the whole or part of the service.

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LECTURE 2: CLASSIFICATION OF ENGINEERING SERVICES 2. Fixed structures for irrigation, flood protection, drainage, water supply
and sewerage works
2.1 GENERAL
3. Tunnels
The needs for professional civil engineering services vary, and the civil
engineering firms that meet these needs vary in organizational structure, size,
2.2 CONSULTATIONS, RESEARCH, INVESTIGATIONS AND REPORTS
and capability. Many civil engineering firms provide Comprehensive services to
1. PRELIMINARY AND FEASIBILITY INVESTIGATIONS AND REPORTS
the client, while other firms specialize in areas of engineering, such as
- These services usually precede the authorization of a capital project and
geotechnical or structural, and transportation, water and construction
may involve extensive investigations, analyses of conditions, and
management, and provide their services to a prime engineer, architect, or owner.
comparison of several possible plans. These studies may include the
Few civil engineering firms are qualified to provide complete service for all
impact of a project upon the environment, sustainable development,
projects, and the use of associate professionals to provide specialized services is
operating costs, life-cycle costs, financing considerations, and expected
common.
revenues as bases for conclusions and recommendations regarding the
advisability of undertaking a project.
Services provided by Civil Engineers can be grouped into five broad categories:
2. PLANNING STUDIES
1. Consultations, research, investigations, and reports.
- These services may include the broad areas of developing the
2. Design services for construction projects
engineering of master plans for long-range capital improvement
3. Construction services
programs: preparation of preliminary engineering of land development
4. Special services for construction projects
plans, urban plans, and regional plans; and the investigation of
5. Engineering support services
environmental conditions and preparation of environmental impact
6. Academic services
studies with subsequent engineering planning to improve or maintain
7. Services as Employee
existing conditions. Such planning often requires coordination of the work
of many engineering and other disciplines.
The types of infrastructure under the domain of civil engineering, pursuant to
3. APPRAISALS, VALUATIONS AND RATE STUDIES
RA 544, as amended, include:
- These services may include investigations and analyses of existing
1. Streets, bridges, highways and railroads
conditions; capital and operating costs; overhead costs and costs of
2. Airports and hangars
financing; and revenues as needed to evaluate a property or to
3. Portworks, canals, river and shore improvements, light houses and dry
recommend establishment of prospective rates.
docks
4. ASSISTANCE IN FINANCIAL MATTERS
The coverage of civil engineering has not been changed nor diminished by
- The Civil Engineer may be engaged by a client who is planning to issue
subsequent laws.
bonds, particularly revenue bonds, to finance a capital project. The scope
1. Buildings

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 of services may include an evaluation of capabilities of existing or b. Appraisal and Valuation
proposed facilities to meet present and projected future needs, a. Load Testing
statements of probable construction costs, and an estimate of annual b. Environmental Evaluations
revenue requirements, with a determination of appropriate rates to c. Materials Process Design
provide this income. d. Traffic Engineering
5. MATERIALS ENGINEERING AND EQUIPMENT TEST e. Forensic Engineering for structural and other failures
- These services include tests of materials and equipment under f. Operational assistance
established codes and standards, specialized examination of equipment g. Pilot Studies
and materials used in construction and industry, and other inspections h. Computer modeling
and monitoring required by a client. i. Safety engineering
6. DIRECT PERSONAL SERVICES j. Toxic and hazardous waste evaluation
- This includes services such as assistance in preparation for legal k. Topographic, sounding and boundary survey engineering
proceedings. Appearances before courts or commissions to render l. Permit and application services
expert opinions and conclusions, and investigations of technical matters m. Sales and marketing services
where specialized civil engineering knowledge, experience, and judgment n. Expert Witness
is required. o. Representation of municipal or private entities in projects
7. RESEARCH AND DEVELOPMENT proposed for privatization
- Research is a specialized investigation and gathering of data from
existing resources or through laboratory works and processes related to 2.3 DESIGN SERVICES FOR CONSTRUCTION PROJECTS
the purpose and object of the research. Research and development may
cover the following: The six standard phases of a construction project and the engineering services
a. Development of new construction materials and methods from needed for each are:
concept to commercialization. 1. Study and Report Phase.
b. Improvement of construction materials and methods through a. Analysis of the clients needs. conceptual design conceptual opinion of
exhaustive studies to reduce total construction cost and at the probable construction cost.
same time improve quality. b. This phase involves determination of project scope and economic and
8. SPECIAL SERVICES technical evaluation of feasible alternatives.
- These services can vary to suit special needs of the client and can c. The Services Performed During This Phase May Include:
include such diverse activities as: i. Reviewing available data and consulting with the client to clarify
a. Value Engineering and define the client requirements for the project.

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 ii. Advising the client as to the necessity of providing or obtaining This phase of project development is usually undertaken only after the
from others additional data or services and assisting the client in client has approved the preliminary design phase material. The basic
obtaining such data and services. services for the final design phase may include:
iii. Identifying and analyzing requirements of governmental 1. Preparing construction drawings and specifications showing the
authorities having jurisdiction to approve the design of the character and extent of the project based on the accepted
project and participating in consultation with such authorities. preliminary design documents.
iv. Providing analyses of the clients needs, planning surveys, 2. Preparing and furnishing to the client a revised estimate of
comparative evaluations of prospective sites and solutions probable total project costs based on the final drawings and
v. Providing a general economic analysis of the client’s specifications.
requirements applicable to various alternatives 3. Furnishing the necessary engineering data and assisting in the
vi. Preparing a report and presenting alternative solutions available application for regulatory permits from local, or national
to the client with the Civil Engineer’s findings and authorities.
recommendations. 4. Preparing basic documents related to construction contracts for
2. Preliminary Design Phase. review and approval by the client (and the client's legal and
This phase involves the establishment of the general size and scope of other advisors).
the project and its location on the selected site. The preliminary design 5. Furnishing to the client specified a number of copies of drawings,
services may include: specifications and other contract documents.
1. Consulting with the client, reviewing preliminary reports, clarifying 6. Providing final design and construction services for design- build
and defining the project requirements, reviewing available data, contracts.
and discussing general scheduling. 7. Providing periodic status reports.
2. Advising the client as to whether additional data or services of 4. Bidding or Negotiation Phase.
the type described under the study and report phase above are 1. Assisting the client in advertising for and obtaining bids or
required and assisting the client in obtaining such data and negotiating proposals for each separate prime construction
services. contract, maintaining a record of prospective bidders to whom
3. Preparing preliminary design documents consisting of final bidding documents have been issued, attending pre-bid
design criteria, preliminary drawings, outline specifications, and conferences, and receiving and processing deposits for bidding
written descriptions of the project. documents.
4. Preparing revised estimates of probable total project costs. 2. Issuing addenda as appropriate to interpret, clarify, expand or
5. Providing periodic status reports. amend the bidding documents.
3. Final Design Phase.

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 3. Assisting the client in determining the qualifications and 5. Issuing instructions from the client to the contractors, issuing
acceptability of prospective contractors, subcontractors and necessary interpretations and documents, inspections,
materials suppliers. clarifications of contract special making, preparing change
4. Consulting with and advising the client as to the acceptability of orders, requiring and testing of the work, and recommendations
alternative materials and equipment proposed by the as to acceptability of the work.
prospective constructors when substitution prior to the award of 6. Making recommendations to the client on corrective actions or
contracts is allowed by the bidding documents. contractual measures that may be exercised by the owner.
5. Attending the bid opening, preparing bid tabulation sheets and 7. Preparing sketches required to resolve problems due to actual
providing assistance to the client in evaluating bids or proposals field conditions encountered.
and in assembling and awarding contracts for construction, 8. Determining amounts of progress payments due, based on
materials, equipment and services. degree of completion of the work, and recommending issuance
5. Construction Phase. of such payments by the client.
Services under this phase involve consulting with and advising the client 9. Observing and assisting performance tests and initial operation
during construction and are usually those associated with service as the of the project.
client's representative. Most Civil Engineers are not willing to assume the 10. Preparing record drawings from information submitted by the
responsibilities associated with construction phase services without contractor.
providing resident project representative services at the site. 11. Making a final inspection and reporting on completion of the
1. Reviewing, for compliance with design concepts, shop and project, including recommendations concerning final payments
erection drawings submitted by the constructors. to contractors and release of retained percentages.
2. Reviewing laboratory, shop, and mill test reports on materials 6. Operation Phase.
and equipment. At the completion of construction, the Civil Engineer may as a basic
3. Visiting the project site at appropriate intervals construction service, assist in the start-up of project operations. The Civil Engineer
proceeds to observe and report on the progress and the quality may be commissioned to prepare a manual for both operation and
of the executed work. maintenance requirements, and may also provide assistance in
4. Providing services during construction by a full-time resident adjusting and balancing equipment, identifying deficiencies and
project representative, and by supporting staff as required, to assisting in obtaining corrections, and performing inspection prior to the
enable construction to be accomplished in conformance to the end of the project warranty period. The Civil Engineer may assist in
construction drawings, specifications, and other contract operator training, setting up job classifications and salaries, organizing
documents. the purchase of supplies, developing charts for recording operational
data, and observing and reporting on project operations.

Notes ni Jaimelyn, Marineil, and Eka

 1. Geotechnical Engineering
2.4 Construction Services - including test borings, sampling and analysis, and recommendations
1. engage in construction contracting after being licensed as a contractor 2. Special studies, tests, and process determinations to establish design
by the Contractors Accreditation Board. It is considered unethical for a criteria or demonstrate compliance.
civil engineer to allow his/her license to be used by any other 3. Land surveys establishment of boundaries and monuments, preparation
construction company except his own. of easement descriptions, and related computations and drawings.
2. provide the services of a supporting technical employee as required of a 4. Engineering and topographic surveys for design and construction.
construction company. He/She shall however, be paid the professional 5. Mill, shop or laboratory inspections of the materials and equipment.
fees, in addition to his regular salary, for any design work he performs for 6. Additional copies of reports, construction drawings, specifications, and
which he/she signs as professional Civil Engineer and/or engineer on other documents as required for bidding and construction beyond the
record, number specified in the Basic Services agreement
3. be employed as a construction engineer, resident Civil Engineer, project 7. Extra travel and subsistence as defined by the agreement for engineering
engineer, quality control engineer, cost engineer or engineer inspector in services.
a project. In accordance with Section 23 of RA 544, only registered Civil 8. Value Engineering
Engineers can take carge or supervise construction or alteration of any - including review of the work of other engineers, either within the same
building or structure and any other civil engineering works mentioned in organization or in other firms to determine whether a proposed solution is
Section 2 of the mentioned Republic Act. The Civil Engineer when optimum and, if not, to suggest a better approach for meeting the
employed is similarly required to comply with the code of ethics of the project’s functional and financial criteria.
profession as the consulting Civil Engineer. 9. Redesign to reflect changes requested by the client or necessitated by
the client’s acceptance of substitutions proposed by the contractor.
2.5 Special Services for Construction Projects 10. Assistance to the client as an expert witness in litigation in connection
Special Services required during the study, design, construction and operation with the project or in hearings before approving and regulatory agencies.
phases of a construction project may include investigations, reports, and 11. Final investigations involve detailed consideration of operation
activities beyond the scope of the basic services. The research, compilation of maintenance, and overhead expenses; preparation of final rate
engineering data, and acquisition of properly may involve professional schedules, and earning and expenses statements; appraisals, valuations,
specialists in engineering and other fields and material audits or inventories required for certification of force
account construction performed by the client or for extra work done by
Special services that may be provided by the Civil engineer or negotiated with the contractor.
other firms or sub-consultants by the Civil Engineer acting on behalf of the client 12. Preparation of detailed applications and supporting documents grants
could include: or advances for public works projects.

Notes ni Jaimelyn, Marineil, and Eka

 13. Plotting, computing, and filing of subdivision plans, staking of lots, and services must be under the guidance of the Civil engineer whose
other land planning and partitioning activities. decisions will be based upon those data.
14. Preparation of environmental assessment and impact statements and
other assistance to the client in connection with public hearings. 2.7. ACADEMIC SERVICES
15. Additional studies and design efforts to meet special conditions These services involve full or part-time teaching or training of prospective
encountered during construction. professionals and also the upgrading of knowledge and skills of fellow
16. Assistance to the client in the selection and engagement of architects, professionals. Academic services may include:
other engineers, contractors and subcontractors, and observation and a. Teaching of civil engineering courses in engineering colleges/universities
approval of their services r work; contacts with governmental agencies to on part /full time basis. As per RA 8981, all subjects for licensure
obtain permits and documents; and other services related to project examinations shall be taught by persons who are holders of valid
development certificates of registration/professional licenses and professional
17. Assessment of a completed project’s ability to meet its design intent identification cards, or special temporary permits, or a valid certificate of
relative to capacity, maintainability, operability, or reliability. competency for the profession issued by the Commission, and who
18. Computer simulation and modeling. comply with the other requirements of the CHED.
- What is the Republic Act 8981?
2.6 ENGINEERING SUPPORT SERVICES 8981, also known as the "PRC Modernization Act of 2000." The
The professional services described above often require State recognizes the important role of professionals in
engineering support services. Geotechnical engineering, for example, nation-building and aims to promote the development of
frequently requires services such as taking soil and rock borings, competent professionals through honest and credible licensure
excavating test pits, sampling and identifying soil and earth materials, examinations.
field and laboratory tests and geophysical measurements and
observations. b. Lecturing in civil engineering courses designed by the Philippine Institute
The engineering support services in general civil engineering of Civil Engineers for practicing engineers who want to obtain CPD
practice may involve drafting, land and construction surveying, and other Credits.
data gathering activities for specialized purposes. Although people who Continuing professional development (CPD) is the process of
are not Civil Engineers sometimes accomplish some of these tasks, the keeping your skills and knowledge up to date. It's important to do this
procurement of adequate and correct data usually requires professional throughout your career, whether you're just starting out or you've been
Civil Engineering judgment and guidance. Since soundness of any working in your field for many years.
engineering decision is dependent upon the accuracy and suitability of c. Conducting tutorials/refresher courses on civil engineering concepts and
data obtained in field and laboratory investigations. These supporting related subjects.

Notes ni Jaimelyn, Marineil, and Eka

 d. Serving as a Resource Speaker in Technical Session
e. Writing technical articles and pamphlets.

2.8 SERVICES AS EMPLOYEE

This is a condition when a Civil Engineer engages to perform work or fulfill
duties regularly for wages or salary being paid by an employer.
A civil Engineer may be employed for any position or function in any
commercial or institutional organization. Where he is performing civil engineering
functions, he is required to follow the code of ethics for Civil Engineers and
comply with the standards and guidelines of this manual.
A licensed civil engineer may not allow his licensed to be used by the
company that employs him without the proper agreement for his professional
services.
A civil Engineer in part time employment with a firm is considered to be
an employee and at the same time a consultant of the firm.
Any Civil Engineer employed as an individual consultant of any firm,
whether the firm is performing engineering, commercial, administrative,
management or financial services is required to simply with the requirements
and the standards herein established for a consulting Civil Engineering firm or
consulting Civil Engineer.
All Government Civil Engineers employed by the instrumentalities of the
Government e.g national and local, shall be governed by pertinent existing laws
and regularities and particularly to those prescribed by the Civil Service
Commission. In case of any conflict with any of the provisions of this Manual of
Practice, such pertinent laws and regulations shall take precedence and shall
govern.

Notes ni Jaimelyn, Marineil, and Eka

LECTURE 3: THE SELECTION OF THE CIVIL ENGINEER - The selection committee ensures a fair and objective evaluation of
proposals.
A. GENERAL - The committee brings together diverse expertise to evaluate
- The selection and engagement of a Civil Engineer is one of the most qualifications and experience.
important decisions to be made during the development of an
engineering project. COMPOSITION OF THE SELECTION COMMITTEE
- Selection of the most qualified Civil Engineer for a specific project will - The committee should be comprised of 3-5 members.
result in a well-planned and designed, economical, and successful - At least one member should be a qualified civil engineer.
project. - Other members may include:
- Project Manager
B. BASIS FOR SELECTION - Financial Representative
- Legal Representative
FACTORS THAT SHOULD BE CONSIDERED IN THE SELECTION PROCESS
- The professional and ethical reputation of the Civil Engineer and his
SELECTION COMMITTEE RESPONSIBILITIES
staff as determined by inquiries to previous clients and other references.
- Define project requirements and scope of services.
- Responsible Civil Engineers and their employees must be registered
- Develop evaluation criteria for selecting a civil engineer.
professional Civil Engineers.
- Shortlist proposals from qualified firms.
- Civil Engineers should have demonstrated qualifications and expertise
- Conduct interviews with shortlisted firms.
in performing the services required for the project.
- Evaluate proposals and presentations.
- Civil Engineers should be able to assign qualified engineering staff who
- Negotiate the contract with the selected firm.
will be in responsible charge of the project and will be able to provide
and complete the required services within the allotted time.
BEST PRACTICES FOR SELECTION COMMITTEES
- The Civil Engineer should have the necessary financial and business
- Establish a clear and transparent selection process.
resources to accomplish the assignment and provide continuing service.
- Avoid conflicts of interest.
- Document all decisions and communication.
C. SELECTING THE RIGHT CIVIL ENGINEER: THE CLIENT'S SELECTION
- Maintain confidentiality of proposals.
COMMITTEE

WHY IS A SELECTION COMMITTEE IMPORTANT? D. QUALIFICATIONS-BASED SELECTION (QBS) PROCEDURE

- Choosing the right civil engineer is critical for the success of your - QBS is a fair and rational procedure which facilitates the selection of a
project. design professional.

Notes ni Jaimelyn, Marineil, and Eka

- The selection is based on qualifications and competence in relation to B. Proposal for the engineer to describe:
the scope and needs of the particular project. a. Plan for managing.
- The selection procedure is considerably enhanced when the client is b. Plan for performing the required services.
fully familiar with the purpose and nature of the proposed project, can c. Assigned personnel.
describe the project in detail, and prepare a project scope and the d. Proposed schedule.
outline of the services expected of the Civil Engineer. In some cases the e. Experience with similar projects.
client may not have professional staff available to define the project f. Office location where services will be performed.
scope and describe the required services. The client should still be g. Financial standing.
familiar enough with the project requirements to understand what is h. Present workload.
expected of the Civil Engineer. The selection procedure, however, can be i. References.
modified to suit the circumstances. 5. On receipt of proposals, invite the Civil Engineers or firms to meet
individually with the selection committee for interviews and
1. Statement of:
discussions of the desired end results of the project and the
1.1. General nature of the project.
engineering services required.
1.2. Services required.
6. Check with the recent clients of each Civil Engineer or firm to
1.3. Request statements of qualifications and experience from
determine the quality of their performance. This check needs to
Civil Engineers.
be limited to references listed by the Civil Engineer.
- RFQ: Request for Qualifications in a selected area of expertise.
7. List the Civil Engineers or firms in order of preference.
- RFP: Request for Proposals. Shortlist for selecting a Civil Engineer
8. Invite the best-qualified Civil Engineer to develop a detailed
for a specific project.
scope.
2. Prepare a budget for the staff time and costs that can be
9. Evaluate the proposed compensation.
expected from potential Civil Engineers prior to receipt of the
10. Negotiate with other candidates if needed.
RFQs and RFPs.
11. Formalize the agreement.
3. Evaluate the statements of qualifications received. Select at least
three Civil Engineers or firms that may appear to be best
E. SELECTION PROCEDURE FOR “LEVEL OF EFFORT” CONTRACTS
qualified for the specific project.
4. Write a letter to each Civil Engineer or firm describing the project BIDDING
in detail including: Preferred Procurement Method:
A. Describing the project in detail including: - QBS (Qualifications-Based Selection): Recognized by professional
a. Scope of the project. engineering and architectural societies.
b. Services required.

Notes ni Jaimelyn, Marineil, and Eka

 - NEDA Guidelines: Mandate QBS for procurement of professional 3. Opening the Price Proposal of the Selected Engineer
services. 4. Negotiation of Scope and Fees
5. Finalization
SELECTION CRITERIA FOR CIVIL ENGINEERS
Based on qualifications and resources:
- Training
- Professional licensing
- Experience
- Skills and capabilities
- Special expertise
- Personnel and workloads

ISSUES WITH BIDDING FOR CIVIL ENGINEERING SERVICES

1. Lack of Professional Judgment: Professional services require
judgment. It is an essential ingredient in quality engineering
services.
2. Incomplete Scope Detailing: Difficult to specify service scope in
advance without detailed discussions.
3. Minimal Services: Lowest bid often leads to only minimum
services provided.
4. Reduced Flexibility and Creativity: Limits on meeting client's
requirements effectively.
5. Minimal Design Completeness: Leads to higher overall project
costs and more change orders and contractor claims.

TWO-ENVELOPE SYSTEM
The two-envelope system is a procurement process where consulting
engineers submit their technical proposal in one envelope and their price
proposal in a separate, sealed envelope.
1. Submission of Proposals
2. Evaluation of Technical ProposalS

Notes ni Jaimelyn, Marineil, and Eka

LECTURE 4: CHARGING FOR CIVIL ENGINEERING SERVICES Office Rent and Utilities, Equipment Depreciation, and
Insurance and Licenses.
A. CHARGES FOR CIVIL ENGINEERING SERVICES 3. Direct Non-Salary Expense - Additional project-specific
- When it comes to determining charges for civil engineering services, a expenses not included in the salary cost or overhead covered by
variety of methods are employed to ensure fairness, accuracy, and the multiplier.
transparency. - Materials and Supplies
- These methods can include time-based billing, fixed fees, and - Equipment Rentals
percentage-based fees. - Travel Expenses
1. Salary cost times multiplier plus direct non-salary expense - Subcontractor Fees
2. Hourly Billing Rate
3. Per Diem Formula For Total Charge Calculation
4. Cost Plus Fixed Fee Total Charge = (Salary Cost x Multiplier) + Direct Non-Salary
5. Fixed Price Expense
6. Percentage of Construction Cost Example Calculation:
7. Schedule of Minimum Basic Fees Total Salary Cost : 7,500,000
Multiplier : 2.5
B. COST TIMES MULTIPLIER PLUS DIRECT NON-SALARY EXPENSE Direct Non-Salary Expense : 3,500,000
- The method used to calculate the total charges for civil engineering = 22,250,000
services, focusing on the components of salary costs, a multiplier for
overhead and profit, and direct non-salary expenses. - Application in Project Management
- Components For Charge Calculation Understanding the cost structure is essential for project managers in civil
1. Salary Cost - Encompasses all direct payments made to the engineering to ensure:
employees involved in the project. - Accurate Budgeting
- Base Salaries - Transparent Pricing
- Overtime Pay - Effective Resource Allocation
- Bonuses and Incentives
C. HOURLY BILLING RATE
- Benefits
- The hourly billing rate method of compensation is very similar to the
2. Multiplier - A multiplier is applied to the salary cost to account
salary cost times multiplier method in that the hourly billing rate includes
for overhead expenses and profit. Typically 2.5 to 3 times the
all direct personnel expense, overhead and profit.
average salary cost. Overhead expenses covered by the
multiplier include but are not limited to Administrative Salaries,

Notes ni Jaimelyn, Marineil, and Eka

- Direct non-salary expenses (as defined under the salary cost times E. COST PLUS FIXED FEE
multiplier section) are a separate item for reimbursement, usually with a - Under a cost plus fixed fee agreement, the civil engineer is reimbursed for
service charge. the actual costs of all services and supplies related to the project,
- Civil engineering firms may elect to utilize this method of compensation including:
on projects where the scope of service is not well defined or to simplify 1. Salary costs
accounting and record keeping. 2. Overhead
3. Direct non-salary expenses
D. PER DIEM
4. Fixed fee
- The term per diem normally refers to an eight-hour day. Direct personal
- The cost plus fixed fee basis requires that the client and the civil
services are frequently charged on a per diem basis. This basis is
engineer define and agree upon the scope of services the civil engineer
particularly suited to expert witness or other legal type services and to
is to perform. Such definition of the scope of service is essential to enable
other short-term engagements involving intermittent personal services.
the civil engineer to estimate costs and propose an equitable fixed fee
- When per diem services are furnished, the civil engineer should be
amount. The scope of services, cost estimate, and fixed fee should be
compensated for all of the time they allotted. The per diem charge
incorporated into the client-engineer agreement.
should be based on the complexity, risk, and on the civil engineer's
- The cost plus fixed fee method can also be used when the civil engineer
experience. The civil engineer is also reimbursed for travel and
is required to start providing service before the detailed scope of services
subsistence costs and for other out-of-pocket expenses incurred when
can be determined. In such cases, the following considerations apply:
away from the home office.
1. The general scale and intent of the project should be fairly well
- For engagements in which the civil engineer is to appear as an expert, a
defined, even if the full scope is indeterminate; for example, the
per diem charge is considered to be earned for each day of such
number, size, and character of buildings or other facilities, the
appearance, even though the civil engineer is not called to testify or, if
type of utilities, and other essential information should be
called, may finish testifying in only a part of the day.
available.
- In an occasion that the urgency of the engagement requires the civil
2. The types of service to be performed by the civil engineer should
engineer's time regularly for periods longer than the normal eight-hour
be agreed upon and fully set forth. The agreements should also
day, an understanding should be met with the client, and the per diem
provide for appropriate adjustments in the fixed fee.
rate is increased accordingly.
- Per diem rates can vary widely, depending on employee classification, F. FIXED PRICE
regional location, and period of service. Rates for consultation in 1. Frequently used for investigations and studies and for basic
connection with litigation and appearances before commissions and services on design type projects where the scope and complexity
courts are normally higher than the standard rates. of the assignment are clearly and fully defined.

Notes ni Jaimelyn, Marineil, and Eka

 2. The fixed price amount can be calculated as the sum total of - 3% Feasibility Studies
estimated engineering costs for the following: - 6% Detailed Engineering Design
- Salary Costs - 8% Detailed Architectural and Engineering Design
- Overhead - 10% Construction Supervision
- Non-Salary Expenses
H. SCHEDULE OF MINIMUM BASIC FEES
- Allowance for Contingencies
Part A - Minimum Compensation For Civil Engineer As Prime
- Interest on Invested Capital
Professional
- Readiness to Serve
a. Group I - Simple structures such as lofts, warehouses, garages,
- Reasonable Amount of Profit
sheds, market buildings, and comparable projects of one but not
3. A fixed price agreement should contain a clearly stated time
more than two stories.
period during which the services will be performed and a
provision for adjustment of compensation if the project is
delayed for reasons beyond the Civil Engineers control.
4. Partial Payments should be made to the Civil Engineer at stated
intervals usually once a month during the performance of the
services. These payments are usually based on Civil Engineers
statement of percent completion to date.

G. PERCENTAGE OF CONSTRUCTION COST

b. Group II - Buildings of 3 stories up to 14 stories, towers, tanks,
- The percentage of construction cost method is seldom used raw.
exhibition buildings, memorials, industrial buildings, simple
- Construction Cost is defined as the estimated total cost of constructing
bridges, low dams, piers, wharves, bins, and silos and
the facility to be covered by the proposed detailed design or construction
comparable projects.
supervision services, excluding the fees and other costs of such services,
the cost of land and right-of-way, and legal and administrative
expenses.
- This method may be 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.
- The percentage fee shall consider the type, complexity, location, and
magnitude of construction cost of the project and shall not exceed the
following percentages of estimated construction cost:

Notes ni Jaimelyn, Marineil, and Eka

 c. Group III - Buildings with fifteen (15) or more floors, long span, and
complex bridges, high dams, major portworks, power plants, and
other complex structures not covered in Groups I and II. If the civil
engineer is not the prime professional for the above groups but
renders basic civil engineering services only, his fee shall be a
minimum of 25% of the prime professional fee. I. MANUAL OF PROFESSIONA PRACTICE FOR CIVIL ENGINEERS
The PICE shall regularly update the schedule of fees stipulated. Certain
principles should
however be observed as follows:
1. When doing work on foreign assisted projects, or in projects
where international consultants participate, the civil engineer
performing similar or equivalent work should accept
compensation that approximates the international standard
rates.
Part B - Minimum Compensation For Civil Engineer As Professional not 2. Civil engineers regularly employed in the private sector shall
Prime have a minimum compensation corresponding to 10% more
a. Group IV - Hotels, large apartment buildings, office buildings, than the minimum wage prevailing in the region as basic
shopping centers, store buildings, resorts, hospitals, and monthly salary. Civil engineers employed in the government
comparable projects. shall have a minimum basic salary corresponding to
appropriate entry positions provided by the Civil Service
Commission.
3. A civil engineer employed in the private sector who signs and
seals the civil engineering plans, specifications and other related
documents of a certain project for and in behalf of his employers
shall be compensated with a minimum of 10% of the
professional fee for the project, over and above the basic

b. Structures not falling in any group shall be classified into Group monthly salary.

III.
Minimum Compensation for Civil Engineer’s for rendering the
following services:

Notes ni Jaimelyn, Marineil, and Eka

LECTURE 5: TOTAL PROJECT COST - Contingency allowance for unknowns

A. INTRODUCTION B. PROFESSIONAL ENGINEERING COST

The approximate total project cost, called the cost estimate, is used to - A civil engineer is often engaged to make a study and to render a
authorize a project's budget and manage its costs. Professional planning report on the contemplated project including alternative
estimators use defined techniques to create cost estimates that are used solutions, layouts, and locations along with initial estimates of the
to assess the financial feasibility of projects, to budget for project costs, probable project cost.
and to monitor project spending. - Cost is one of the three fundamental attributes associated with
performing an activity or the acquisition of an asset. These are price
Components (cost), features (performance), and availability (schedule). The need to
1. Hard Costs understand and quantify the attributes of cost spawned the engineering
2. Indirect Costs discipline of cost engineering.
3. Project Related Costs
4. Organizational Costs What is Cost Engineering
5. Contingency Costs - Cost engineering is the application of scientific principles and
techniques to problems of estimation, cost control, business planning
Purpose of Total Project Cost and management science, profitability analysis, project management, as
The goal of cost estimation is to anticipate the quantity, cost, and price of well as planning and scheduling.
resources needed to finish a job within the project scope. Cost estimates - It is the practice of managing the costs involved on a construction
are used to bid on new business from potential clients and to help plan project. This includes activities such as cost control, budgeting,
the project and budget. forecasting, estimating, investment appraisal and risk analysis.

5.1 General What Do They Do? - Cost Engineer

Probable total cost is a major concern of the client throughout the - Construction cost estimators can be contractually hired in many different
planning design, and construction phases of a project. The probable total ways. They estimate building costs through all the stages of design and
capital cost, often used to establish budgets for a typical project, is made the construction of the project. On large projects it is common for
up of: estimators to specialize in disciplines that parallel design discipline
- Professional engineering costs specialization.
- Construction cost - They develop the cost information that business owners or managers,
- Legal and land cost professional design team members, and construction contractors need
- Owner's cost, including project administration, staffing, to make budgetary and feasibility determinations.
financing, and other overhead

Notes ni Jaimelyn, Marineil, and Eka

C. CONSTRUCTION COST E. OWNER’S COST
- It is the estimated total cost of constructing the facility to be covered by All the costs required to bring a project to a commercially operable
the proposed detailed design or constructing supervision services, status:
excluding the fees and other cost of such services. - Land Acquisition: Purchasing or leasing the land where the
project will be built.
D. LEGAL AND LAND COST
- Design and Engineering Fees: Payments to architects, engineers,
- These expenditures, encompassing audits, permits, land acquisition
and consultants for planning and designing the project.
expenses, and other financial obligations, are critical components
- Permits and Inspections: Fees for obtaining necessary permits
contributing to the overall estimated project cost.
and passing required inspections.

Land Cost - Financing Costs: Interest and fees related to borrowing money to

The costs incurred in purchasing land for development, construction, finance the project.

farming, or investment. It comprises the land's purchase price as well as - Legal Fees: Costs for legal services, including contract review and

any related expenses, like site preparation and surveying fees, compliance with regulations.

development costs as well as the taxes imposed during the purchase - Insurance: Premiums for insuring the project during construction

and ownership. and potentially post-completion.

- Project Management: Costs for project management services to
Legal Cost oversee the project from inception to completion.
The expenditures incurred for legal services and compliance during the - Contingency Funds: Reserves set aside to cover unexpected
construction process. These expenses are necessary to guarantee that costs or changes in the project scope.
the project complies with all applicable laws and contractual duties. The
following are some of the elements of construction legal costs: F. CONTINGENCY ALLOWANCE

- Acquisition Legal Fees - Contingency allowances are funds that are added to the base estimate

- Contract Drafting and Review of a construction project to cover potential cost overruns or delays that

- Permits and Approvals may arise from unforeseen events or conditions.

- Dispute Resolution
Importance
- Labour and Employment Matters
- Helps manage risk
- Regulatory Compliance
- Ensures the team has necessary funds
- Contract Management
- Provides realistic and transparent budget
- Helps the project remain within the budget and on schedule

Notes ni Jaimelyn, Marineil, and Eka

Types of Construction Contingencies
- Owner’s Contingency: An amount set aside for additions to the
project’s scope or owner’s risk items.
- Contractor’s Contingency: Covers unexpected costs within the
contractor’s scope of work.

Notes ni Jaimelyn, Marineil, and Eka

LECTURE 6: RA 544 - CIVIL ENGINEERING LAW 6. To remove a provision that makes contracting of multi-disciplinary
consultancy services unnecessarily difficult
Republic Act No. 544 7. To make the law better serve and safeguard public interest
- As amended by Republic Act 1582
- An act to regulate the practice of Civil Engineering in the Philippines

What is Civil Engineering? ARTICLE I: TITLE OF THE ACT AND DEFINITION OF TERMS
- A professional discipline that deals with the design, construction, and
Section 1: Title of Act
maintenance of the physical and naturally built environment.
- This Act shall be known as the “Civil Engineering Law.”
What is a Law?
- A system of rules that a particular country or community recognizes as Section 2: Definition of Terms
regulating the actions of its members and may enforce by the imposition (a) The practice of civil engineering within the meaning and intent of this Act
of penalties. shall embrace services
(b) The term “civil engineer” as used in this act shall mean a person duly
Panfilo M. Lacson - Senator registered with the Board for Civil Engineers in the manner as hereinafter
Senate Bill No. 2770 provided
“Civil engineers are currently confronted with broader issues and they have to
integrate the socio-economic and environmental issues with the technical
aspects of the construction projects.” ARTICLE II: BOARD OF EXAMINERS FOR CIVIL ENGINEERS

Objectives Section 3: Composition of Board

1. To attune the law to the needs for national development - Created 30 days after this Act’s approval
2. To strengthen the profession and enable the civil engineers to cope with - Chairman and two members who shall be appointed by the President of
the formidable challenges brought about by globalization and the Philippines, upon recommendation of the Commissioner of PRC
cross-border practice. - The members of the Board shall hold office for a term of 3 years after
3. To continually upgrade the level of competence of the civil engineers appointment or until their successors shall have been appointed and
4. To define more clearly the practice of civil engineering in the Philippines shall have qualified.
by foreign nationals - Any member of the Board may be removed by the President of the
5. To promote the growth of the consulting sector by making it cognizant of Philippines, upon recommendation by the PRC.
the international philosophy of multi-disciplinary consultancy services. - Members of the Board
- Romeo A. Estanero (Member)

Notes ni Jaimelyn, Marineil, and Eka

 - Praxedes P. Bernardo (Chairman) - Not be a member of the faculty of any school, institute, college, or
- Pericles P. Dakay (Member) university where civil engineering course is taught, nor have a pecuniary
interest in such institutions
Section 4: Powers and Duties of the Board - No former members of the faculty of any school, institute or university
- To administer oaths, issue, suspend and revoke certificates of registration where civil engineering is taught can become a member of the Board
for the practice of civil engineering unless he had stopped teaching for at least three consecutive years
- To issue certificates of recognition to civil engineers already registered
under this Act Section 6: Fees and Compensation of Board
- To investigate such violations of this Act and the regulations - Php 100 per examiner
- To inspect at least once a year educational institutions offering courses - Another Php 50 for certificate of registration
in civil engineering, civil engineering works, projects, or corporations - Each member of the board shall receive a compensation of fifteen pesos
- To discharge such other powers and duties as may affect ethical and for each applicant examined
technological standards of the civil engineering profession
- The Director of Public Works and/or his authorized representative in the Section 7: Annual Report
provinces and chartered cities shall be ex-officio agents of the Board - The Board shall, at the end of each fiscal year, submit to the PRC a
- The Board may, with the approval of the Professional Regulation detailed report of its activities and proceedings during the period
Commission, issue such rules and regulations as may be deemed covered by the fiscal year ended.
necessary to carry out the provisions of this Act
- Adopt a code of ethics in the practice of civil engineering and have an
official seal to authenticate its official documents ARTICLE III : EXAMINATION AND REGISTRATION

Section 5: Qualifications for Board Members Section 8: Examination Requirement

- Be a citizen and resident of the Philippines - All applicants for registration for the practice of civil engineering shall be
- Be at least thirty years of age and of good moral character required to pass a technical examination as hereinafter provided.
- Be a graduate of civil engineering from a recognized and legally
constituted school, institute, college, or university Section 9: Holding of Examination
- Be a registered civil engineer duly qualified to practice civil engineering in - Given in the City of Manila of each year (April & November)
the Philippines
- Have practiced civil engineering, with a certificate as such, for a period of Section 10: Subjects of Examination
not less than ten years prior to his appointment.

Notes ni Jaimelyn, Marineil, and Eka

 - Mathematics: algebra, plane and spherical trigonometry, analytics, Section 14: Seal and Use of Seal
descriptive and solid geometry, differential and integral calculus, and - All registered civil engineers shall obtain a seal of such design as the
rational and applied mechanics Board shall authorize and direct
- Hydraulics - The serial number of the certificate issued by the Board shall be included
- Surveying: highway and railroad surveying; plane, topographic and in the design of the seal
hydrographic surveying, and advance surveying - It shall be unlawful for any one to stamp or seal any documents with said
- Design & Construction: highways and railroads, masonry structures, seal after the certificate of registrant named thereon has expired or has
wooden and reinforced concrete buildings, bridges, towers, walls, been revoked
foundations, piers, ports, wharves, aqueducts, sanitary engineering works,
water supply systems, dikes, dams, and irrigation and drainage canals Section 15: Exemption from Registration
1. Registration shall not be required of the following persons:
Section 11: Executive Officer of the Board a. Officers or enlisted men of the US and Philippine Armed Forces
- The Commissioner of Professional Regulation Commission shall be the and civilian employees of the Government of the United States
executive officer of the Board and shall conduct the examinations given stationed in the Philippines while rendering civil engineering
by the said Board. services for the United States and/or Philippines.
b. Civil engineers or experts called in by the Philippine Government
Section 12: Qualifications for Examination for consultation, or specific design and construction of fixed
- Be at least twenty-one years of age structures as defined under this Act, provided that their practice
- Be a citizen of the Philippines shall be limited to such work.
- Be of good reputation and moral character 2. Any person residing in the Philippines may make plans on specifications
- Be a graduate of a four-year course in civil engineering from a school, for any of the following:
institute, college, or university recognized by the Government or the State a. Any building in chartered cities or in towns with building
wherein it is established ordinances, not exceeding the space requirement specified
therein, requiring the services of a civil engineer.
Section 13: Oath of Civil Engineers b. Any wooden building enlargement or alteration which is to be
- All successful candidates in the examination shall be required to take a used for farm purposes only and costing not more than ten
professional oath before the Board of Civil Engineers or other thousand pesos.
Government Officials authorized to administer oaths, prior to entering c. Provided, however that there shall be nothing in this Act that will
upon the practice of the civil engineering profession prevent any person from constructing his own (wooden or light
material) residential house

Notes ni Jaimelyn, Marineil, and Eka

 3. Nor shall anything in this Act prevent draftsmen, student clerk-or-work, Section 19: Transitory Provisions
superintendents, and other employees of those lawfully engaged in the - As soon as this Act takes effect, any person desiring to practice the
practice of civil engineering under the provisions of this Act, from acting profession of civil engineering shall be required to obtain a certificate of
under the instruction, control or supervision of their employer. registration.
4. Nor shall anything in this Act prevent any person who prior to the - All graduates in civil engineering from a school, institute, college, or
approval of this Act have been lawfully engaged in the practice of university recognized by the Government who have passed the civil
“maestro de obras” to continue as such, provided they shall not service examination for senior civil engineer and have been practicing or
undertake the making of plans supervision for the following classes of employed in the Government as such during five years are exempted
work: from taking the examination.
a. Building of concrete whether reinforced or not
b. Building of more than two stories
c. Building with frames of structural steel ARTICLE IV: ENFORCEMENT OF ACT AND PENAL PROVISIONS
d. Building of structures intended for public gathering or assemblies
5. Nor shall anything in this Act prevent professional architects and Section 20: Enforcement of the Act by Officers of the Law
engineers to practice their professions. - It shall be the duty of all duly constituted law officers of the national,
provincial, city and municipal governments, or any political subdivisions
Section 16: Refusal to Issue Certificate thereof, to enforce the provisions of this Act and to prosecute any person
- The Board for Civil Engineers shall not issue a certificate to any person violating the same.
convicted by a court of competent jurisdiction of any criminal offense

Section 21: Registration Required

Section 17: Suspension and Revocation of Certificates - Unless exempt from registration, no person shall practice or offer to
- The Board shall have the power, after due notice and hearings to practice civil engineering in the Philippines without having obtained the
suspend or revoke the certificate of registration for any cause mentioned proper certificate of registration from the Board for Civil Engineers.
in the preceding section.

Section 22: Penal Provisions

Section 18: Re-issue and Replacement of Certificates - Any person who shall practice or offer to practice civil engineering in the
- The Board may, after the expiration of one year from the date of Philippines without being registered in accordance with the provisions of
certificate of registration is revoked and for reasons it may deem this Act.
sufficient, entertain an application for a new certificate of registration - Any person presenting or attempting to use as his own the certificate of
from the registrant concerned. registration of a registered civil engineer.

Notes ni Jaimelyn, Marineil, and Eka

 - Any person who shall give any false or forged evidence of any kind to the - All laws, parts of laws, orders, ordinances, or regulations in conflict with
Board. the provisions hereof; including parts of Act Numbered Twenty-nine
- Any person who shall impersonate any registrant civil engineer of hundred and eighty-five, as amended, as pertains to the practice of civil
different name or any person who shall attempt to use a revoked or engineering, are hereby repealed, except the provisions of Act Numbered
suspended certificate of registration. Thirty-one hundred and fifty-nine amending Act Numbered Twenty-nine
- Any person who shall use in connection with his name or otherwise hundred and eighty-five, pertaining to the practice of maestro de obras.
assume, use or advertise any title or description tending to convey the
impression that he is a civil engineer. Section 28: Construction of Act
- Any person who shall violate any of the provision of this Act. - If any part or section of this Act shall be declared unconstitutional, such
- Sentenced to a fine of not less than five hundred pesos nor more than declarations shall not invalidate the other provisions hereof.
two thousand pesos, or to suffer imprisonment for a period of not less
than six months nor more than one year, or both, in the discretion of the Section 29: Effectivity
court. - This Act shall take effect upon its approval.
- Approved, June 17, 1950 (As amended by R.A. No. 1582, approved on June
16, 1956)

ARTICLE V: MISCELLANEOUS PROVISIONS

Section 23: Preparation of Plans and Supervisions of Construction by Registered

Civil Engineer
- Construction, Reconstruction, or Alteration

Section 24
- The practice of civil engineering is a professional service, admission to
which must be determined upon individual, personal qualifications.

Section 25: Reciprocity requirements

Section 26: Roster of civil engineers

Section 27: Repeal

Notes ni Jaimelyn, Marineil, and Eka

LECTURE 7: RA 9184 - GOVERNMENT PROCUREMENT REFORM ACT (b) Competitiveness by extending equal opportunity to enable
private contracting parties who are eligible and qualified to
Why Fair Procurement Matters? participate in public bidding.
- It discourages corruption and fraudulent practices. (c) Streamlined procurement process that will uniformly apply to all
- Fair procurement fosters efficient use of public funds. government procurement. The procurement process shall be
- It promotes competition leading to better quality goods and services at lower simple and made adaptable to advances in modern technology
costs. in order to ensure an effective and efficient method.
- It strengthens public trust in the government. (d) System of accountability where both the public officials directly
or indirectly involved in the procurement process as well as in the
implementation of procurement contracts and the private
ARTICLE I: GENERAL PROVISIONS parties that deal with government are when warranted by
circumstances investigated and held liable for their actions
Section 1. Short Title.
relative thereto.
- This Act shall be known as the “Government Procurement Reform Act.”
(e) Public monitoring of the procurement process and the
implementation of awarded contracts with the end in view of
Section 2. Declaration Policy.
guaranteeing that these contracts are awarded pursuant to the
- It is the declared policy of the State to promote the ideals of good
provisions of this Act and its implementing rules and regulations
governance in all its branches, departments, agencies, subdivisions, and
and that all these contracts are performed strictly according to
instrumentalities, including government-owned and/or -controlled
specifications.
corporations and local government units.

Section 4. Scope and Application.

Section 3. Governing Principles on Government Procurement.
- All procurement of the national government, its departments, bureaus,
Section 5. Definition of Terms.
offices, and agencies, including state universities and colleges,
- For purposes of this Act, the following terms or words and phrases shall
government-owned and/or -controlled corporations, government
mean or be understood as follows:
financial institutions, and local government units, shall in all cases be
(a) Approved Budget for the Contract (ABC) – refers to the budget
governed by these principles:
for the contract duly approved by the Head of the Procuring
(a) Transparency in the procurement process and in the
Entity.
implementation of procurement contracts.
(b) BAC – refers to the Bids and Awards Committee established in
accordance with Article V of this Act.

Notes ni Jaimelyn, Marineil, and Eka

(c) Bidding Documents – refers to documents issued by the (h) Goods – refer to all items, supplies, materials, and general
Procuring Entity as the basis for Bids furnishing all information support services
necessary for a prospective bidder to prepare a bid for the (i) GPPB – refers to the Government Procurement Policy Board
Goods Infrastructure Projects and Consulting Services to be established in accordance with Article XX of this Act.
provided. (j) Head of the Procuring Entity – refers to:
(d) Bid – refers to a signed offer or proposal submitted by a supplier, (i) the head of the agency or his duly authorized official
manufacturer, distributor, contractor, or consultant in response to for national government agencies;
the Bidding Documents. (ii) the governing board or its duly authorized official for
(e) Competitive Bidding – refers to a method of procurement which government-owned and/or -controlled corporations; or
is open to participation by any interested party and which (iii) the local chief executive for local government units.
consists of the following processes: advertisement, pre-bid (k) Infrastructure Projects – include the construction, improvement,
conference, eligibility screening of prospective bidders, receipt rehabilitation, demolition, repair, restoration, or maintenance of
and opening of bids, evaluation of bids, post-qualification, and roads and bridges, railways, airports, etc.
award of contract, the specific requirements and mechanics of (l) IRR – refer to the implementing rules and regulations to be
which shall be defined in the IRR to be promulgated under this promulgated in accordance with Section 75 of this Act.
Act. (m)Portal – refers to a website that aggregates a wide variety of
(f) Consulting Services – refer to services for Infrastructure Projects content for the purpose of attracting a large number of users.
and other types of projects or activities of the Government (n) Procurement – refers to the acquisition of Goods, Consulting
requiring adequate external technical and professional expertise Services, and the contracting for Infrastructure Projects by the
that are beyond the capability and/or capacity of the Procuring Entity.
government to undertake such as but not limited to: (o) Procuring Entity - refers to any branch, department, office,
(i) advisory and review services; agency, or instrumentality of the government including state
(ii) pre-investment or feasibility studies; universities and colleges, government-owned and/or -controlled
(iii) design; corporations, government financial institutions, and local
(iv) construction supervision; government units procuring Goods, Consulting Services, and
(v) management and related services; and Infrastructure Projects.
(vi) other technical services or special studies.
(g) G-EPS – refers to the Government Electronic Procurement System
as provided in Section 8 of this Act.

Notes ni Jaimelyn, Marineil, and Eka

Section. 6. Standardization of Procurement Process and Forms. - All Procurement shall be done through Competitive Bidding except as
- To systematize the procurement process, avoid confusion, and ensure provided for in Article XVI of this Act.
transparency, the procurement process, including the forms to be used,
shall be standardized insofar as practicable.

ARTICLE V: BIDS AND AWARDS COMMITTEE

Section. 11. The BAC and its Composition.

ARTICLE II: PROCUREMENT PLANNING
- Each procuring entity shall establish a single BAC for its procurement. The
BAC shall have at least five (5) members but not more than seven (7)
Section. 7. Procurement Planning and Budgeting Linkage.
members. It shall be chaired by at least a third-ranking permanent
- All procurement should be within the approved budget of the Procuring
official of the procuring entity other than its head and its composition
Entity and should be meticulously and judiciously planned by the
shall be specified in the IRR.
Procuring Entity concerned.

Section. 12. Functions of the BAC.

- The BAC shall have the following functions: advertise and/or post the
ARTICLE III: PROCUREMENT BY ELECTRONIC MEANS
invitation to bid, conduct pre-procurement and pre-bid conferences,

Section. 8. Procurement By Electronic Means. determine the eligibility of prospective bidders, receive bids, conduct the

- To promote transparency and efficiency, information and evaluation of bids.

communications technology shall be utilized in the conduct of

procurement procedures. Section. 13. Observers.
- To enhance the transparency of the process, the BAC shall, in all stages

Section. 9. Security Integrity and Confidentiality. of the procurement process, invite in addition to the representative of the

- The G-EPS shall ensure the security, integrity, and confidentiality of Commission on Audit, at least two (2) observers to sit in its proceedings:

documents submitted through the system. one (1) from a duly recognized private group in a sector or discipline
relevant to the procurement at hand and the other from a
non-government organization; provided, however, that they do not have
any direct or indirect interest in the contract to be bid out. The observers
ARTICLE IV: COMPETITIVE BUILDING
should be duly registered with the Securities and Exchange Commission
and should meet the criteria for observers as set forth in the IRR.
Section. 10. Competitive Bidding.

Notes ni Jaimelyn, Marineil, and Eka

Section. 14. BAC Secretariat. (b) Instructions to Bidders including criteria for eligibility, bid evaluation,
- To assist the BAC in the conduct of its functions, the Head of the Procuring and post-qualification, as well as the date, time, and place of the pre-bid
Entity shall create a Secretariat that will serve as the main support unit of Conference (where applicable), submission of bids, and opening of bids;
the BAC. The Head of the Procuring Entity may also designate an existing (c) Terms of Reference;
organic office within the agency to serve as the Secretariat. (d) Eligibility Requirements;
(e) Plans and Technical Specifications;
Section. 15. Honoraria of BAC Members. (f) Form of Bid Price Form and List of Goods or Bill of Quantities;
- The Procuring Entity may grant payment of honoraria to the BAC (g) Delivery Time or Completion Schedule;
members in an amount not to exceed twenty-five percent (25%) of their (h) Form, Amount, and Validity Period of Bid Security;
respective basic monthly salary subject to availability of funds. For this (i) Form, Amount, and Validity of Performance Security and Warranty;
purpose, the Department of Budget and Management (DBM) shall (j) Form of Contract, and General and Special Conditions of Contract by
promulgate the necessary guidelines. the GPPB

Section. 16. Professionalization of BAC, BAC Secretariat, and Technical Working Section. 18. Reference to Brand Names.
Group Members. - Specifications for the Procurement of Goods shall be based on relevant
- The GPPB shall establish a sustained training program for developing the characteristics and/or performance requirements. Reference to brand
capacity of the BACs, BAC Secretariats, and Technical Working Groups of names shall not be allowed.
Procuring Entities and professionalize the same.
Section. 19. Access to Information.
- In all stages of the preparation of the Bidding Documents, the Procuring

ARTICLE VI: PREPARATION OF BIDDING DOCUMENTS Entity shall ensure equal access to information. Prior to their official
release, no aspect of the Bidding Documents shall be divulged or

Section. 17. Form and Contents of Bidding Documents. released to any prospective bidder or person having direct or indirect

- The Bidding Documents shall be prepared by the Procuring Entity interest in the project to be procured.

following the standard forms and manuals prescribed by the GPPB.

The Bidding Documents shall include the following: ARTICLE VII: INVITATION TO BID
(a) Approved Budget for the Contract;
Section. 20. Pre-Procurement Conference.

Notes ni Jaimelyn, Marineil, and Eka

 - Prior to the issuance of the Invitation to Bid, the BAC is mandated to hold Section. 22. Pre-bid Conference.
a pre-procurement conference on each and every procurement, except - At least one pre-bid conference shall be conducted for each
those contracts below a certain level or amount specified in the IRR, in procurement, unless otherwise provided in the IRR. Subject to the
which case, the holding of the same is optional. approval of the BAC, a pre-bid conference may also be conducted upon
the written request of any prospective bidder.
Section. 21. Advertising and Contents of the Invitation to Bid.
- The pre-bid conference(s) shall be held within a reasonable period
- In line with the principle of transparency and competitiveness, all
before the deadline for receipt of bids to allow prospective bidders to
Invitations to Bid for contracts under competitive bidding shall be
adequately prepare their bids, which shall be specified in the IRR.
advertised by the Procuring Entity in such manner and for such length of
time as may be necessary under the circumstances, in order to ensure
the widest possible dissemination thereof, such as, but not limited to,
ARTICLE VIII: RECEIPT AND OPENING OF BIDS
posting in the Procuring Entity’s premises, in newspapers of general
circulation, the G-EPS and the website of the Procuring Entity, if available. Section. 23. Eligibility Requirements for the Procurement of Goods and
The details and mechanics of implementation shall be provided in the IRR Infrastructure Projects.
to be promulgated under this Act. - The BAC or, under special circumstances specified in the IRR, its duly
- The Invitation to Bid shall contain, among others: designated organic office shall determine the eligibility of prospective
(a) A brief description of the subject matter of the Procurement; bidders for the procurement of Goods and Infrastructure Projects, based
(b) A general statement on the criteria to be used by the Procuring on the bidders’ compliance with the eligibility requirements within the
Entity for the eligibility check, the short listing of prospective period set forth in the Invitation to Bid.
bidders, in the case of the Procurement of Consulting Services,
the examination and evaluation of Bids, and post-qualification; Section. 24. Eligibility Requirements and Short Listing for Consulting Services.
(c) The date, time and place of the deadline for the submission and - The eligibility of prospective bidders for the Procurement of Consulting
receipt of the eligibility requirements, the pre-bid conference if Services shall be determined by their compliance with the eligibility
any, the submission and receipt of bids, and the opening of bids; requirements prescribed for the Competitive Bidding concerned, within
(d) The Approved Budget for the Contract to be bid; the period stated in the Invitation to Bid.
(e) The source of funds;
(f) The period of availability of the Bidding Documents, and the Section. 25. Submission and Receipt of Bids.
place where these may be secured; - A bid shall have two (2) components, namely the technical and financial
(g) The contract duration; and, components which should be in separate sealed envelopes, and which
(h) Such other necessary information deemed relevant by the
Procuring Entity.

Notes ni Jaimelyn, Marineil, and Eka

 shall be submitted simultaneously. The bids shall be received by the BAC ARTICLE IX: BID EVALUATION
on such date, time and place specified in the invitation to bid.
Section. 30. Preliminary Examination of Bids.
- Prior to Bid evaluation, the BAC shall examine first the technical
Section. 26. Modification and Withdrawal of Bids.
components of the bids using "pass/fail" criteria to determine whether all
- A bidder may modify his bid, provided that this is done before the
required documents are present.
deadline for the receipt of bids. The modification shall be submitted in a
sealed envelope duly identified as a modification of the original bid and
Section. 31. Ceiling for Bid Prices.
stamped received by the BAC.
- The ABC shall be the upper limit or ceiling for the Bid prices. Bid prices
that exceed this ceiling shall be disqualified outright from further
Section. 27. Bid Security.
participating in the bidding. There shall be no lower limit to the amount of
- All Bids shall be accompanied by a Bid security, which shall serve as a
the award.
guarantee that, after receipt of the Notice of Award, the winning bidder
shall enter into contract with the Procuring Entity within the stipulated
Section. 32. Bid for the Procurement of Goods and Infrastructure Projects.
time and furnish the required performance security. The specific
- For the procurement of Goods and Infrastructure Projects, the BAC shall
amounts and allowable forms of the Bid security shall be prescribed in
evaluate the financial component of the bids.
the IRR.

Section. 33. Bid Evaluation of Short Listed Bidders for Consulting Services.
Section. 28. Bid Validity.
- For the Procurement of Consulting Services, the Bids of the short listed
- Bids and Bid securities shall be valid for such reasonable period of time
bidders shall be evaluated and ranked using numerical ratings in
indicated in the Bidding Documents. The duration for each undertaking
accordance with the evaluation criteria stated in the Bidding Documents,
shall take into account the time involved in the process of Bid evaluation
which shall include factors such as, but not limited to, experience,
and award of contract.
performance, quality of personnel, price and methodology.

Section. 29. Bid Opening.

- The BAC shall publicly open all bids at the time, date, and place specified
in the bidding documents. The minutes of the bid opening shall be made ARTICLE X: RECEIPT AND OPENING OF BIDS
available to the public upon written request and payment of a specified
Section. 34. Objective and Process of Post-qualification.
fee.
- Post-qualification is the stage where the bidder with the Lowest
Calculated Bid, in the case of Goods and Infrastructure Projects, or the
Highest Rated Bid, in the case of Consulting Services, undergoes

Notes ni Jaimelyn, Marineil, and Eka

 verification and validation whether he has passed all the requirements Section. 37. Notice And Execution Of Award.
and conditions as specified in the Bidding Documents. - After the Bid and Awards Committee (BAC) determines the Lowest
Calculated Responsive Bid or Highest Rated Responsive Bid, the Head of
Section. 35. Failure of Bidding. the Procuring Entity or their representative must approve or disapprove
- There shall be a failure of bidding if: the recommendation within 15 days. If approved, they issue a Notice of
(a) No bids are received; Award to the winning bidder, who then has 10 days to formalize the
(b) No bid qualifies as the Lowest Calculated Responsive Bid or contract. If higher authority approval is needed, they have 20 days to
Highest Rated Responsive Bid; or, decide. Government-owned corporations must act within 30 days. The
(c) Whenever the bidder with the highest rated/lowest calculated Notice to Proceed must be issued within 7 days of contract approval, and
responsive bid refuses, without justifiable cause to accept the all contract-related notices are effective upon receipt by the contractor.
award of contract, as the case may be.
Section. 38. Period Of Action On Procurement Activities.
Section. 36. Single Calculated/Rated and Responsive Bid Submission. - The procurement process from the opening of bids up to the award of
- A single calculated/rated and responsive bid shall be considered for contract shall not exceed three (3) months, or a shorter period to be
award if it falls under any of the following circumstances: determined by the procuring entity concerned.
(a) If after advertisement, only one prospective bidder submits a
Letter of Intent and/or applies for eligibility check, and meets the Section. 39. Performance Security.
eligibility requirements or criteria, after which it submits a bid, - As a measure of guarantee for the faithful performance of and
which is found to be responsive to the bidding requirements; compliance with his obligations under the contract prepared in
(b) If after the advertisement, more than one prospective bidder accordance with the Bidding Documents, be required to post a
applies for eligibility check, but only one bidder meets the performance security in such form and amount as specified in the
eligibility requirements or criteria, after which it submits a bid, Bidding Documents.
which is found to be responsive to the bidding requirements;
(c) If after the eligibility check, more than one bidder meets the Section. 40. Failure To Enter Into Contract And Post Performance Security.
eligibility requirements, but only one bidder submits a bid, and its - If, the bidder with the Lowest Calculated Responsive Bid or Highest Rated
bid is found to be responsive to the bidding requirements. Responsive Bid fails, refuses or is otherwise unable to enter into contract
with the Procuring Entity, or if the bidder fails to post the required
performance security within the period stipulated in the Bidding

ARTICLE XI: AWARD IMPLEMENTATION AND TERMINATION OF THE CONTRACT Documents, the BAC shall disqualify the said bidder and shall undertake

Notes ni Jaimelyn, Marineil, and Eka

 post-qualification for the next-ranked Lowest Calculated Bid or Highest Section. 43. Procurement of Domestic and Foreign Goods
Rated Bid. - Consistent with the country’s obligations under international treaties or
- In the case of a failure to post the required performance security, the bid agreements, Goods may be obtainefrom domestic or foreign sources
security shall be forfeited without prejudice to the imposition of sanctions and the procurement thereof shall be open to all eligible suppliers,
prescribed under Article XXIII. manufacturers and distributors.

Section. 41. Reservation Clause.

- The Head of the Agency reserves the right to reject any and all Bids, ARTICLE XIII: BIDDING OF PROVINCIAL PROJECTS
declare a failure of bidding, or not award the contract in the following
situations: Section. 44. Bidding Of Provincial Projects.
(a) If there is prima facie evidence of collusion between appropriate - Priority programs and infrastructure projects funded out of the annual
public officers or employees of the Procuring Entity, or between General Appropriations Act which are intended for implementation within
the BAC and any of the bidders, or if the collusion is between or the province shall be subject to the same public bidding and to the
among the bidders themselves, or between a bidder and a third procurement processes prescribed under this Act.
party, including any act which restricts, suppresses or nullifies or
tends to restrict, suppress or nullify competition; Section. 45. Provincial Bidders.
(b) If the BAC is found to have failed in following the prescribed - Within five (5) years from the effectivity of this Act, a contractor who
bidding procedures; or participates in the bidding of provincial priority programs and
(c) For any justifiable and reasonable ground where the award of the infrastructure projects, whose principal office is within the same province,
contract will not redound to the benefit of the government as and who submits the lowest bid among the provincial bidders which is
defined in the IRR. higher than the lowest bid made by a contractor with principal office
outside the said province shall be granted the privilege to match the bid
Section. 42. Contract Implementation And Termination. made by the latter.
- The rules and guidelines for the implementation and termination of
contracts awarded pursuant to the provisions of this Act shall be
prescribed in the IRR. ARTICLE XIV: LEASE OF COMPUTERS, COMMUNICATION INFORMATION AND OTHER
EQUIPMENT

Section. 46. Lease Contracts.

ARTICLE XII: DOMESTIC AND FOREIGN PROCUREMENT

Notes ni Jaimelyn, Marineil, and Eka

 - Lease of construction and office equipment, including computers, elaborate Bidding Documents because the supplier is simply
communication and information technology equipment are subject to asked to submit a price quotation or a pro-forma invoice
the same public bidding and to the processes prescribed under this Act . together with the conditions of sale, which offer may be
accepted immediately or after some negotiations;
(c) Repeat Order – a method of Procurement that involves a direct

ARTICLE XV: DISCLOSURE OF RELATIONS Procurement of Goods from the previous winning bidder,
whenever there is a need to replenish Goods procured under a
Section. 47. Disclosure Of Relations. contract previously awarded through Competitive Bidding;
- In addition to the proposed contents of the Invitation to Bid as mentioned (d) Shopping – a method of Procurement whereby the Procuring
under Section 21 of this Act, all bidding documents shall be accompanied Entity simply requests for the submission of price quotations for
by a sworn affidavit of the bidder that he or she or any officer of their readily available off-the-shelf Goods or ordinary/regular
corporation is not related to the Head of the Procuring Entity by equipment to be procured directly from suppliers of known
consanguinity or affinity up to the third civil degree. qualification; or
(e) Negotiated Procurement – a method of Procurement that may
be resorted under the extraordinary circumstances provided for

ARTICLE XVI: ALTERNATIVE METHODS OF PROCUREMENT in Section 53 of this Act and other instances that shall be
specified in the IRR, whereby the Procuring Entity directly
Section 48. Alternative Methods. negotiates a contract with a technically, legally and financially
- Subject to the prior approval of the Head of the Procuring Entity or his capable supplier, contractor or consultant.
duly authorized representative, and whenever justified by the conditions - In all instances, the Procuring Entity shall ensure that the most
provided in this Act, the Procuring Entity may, in order to promote advantageous price for the Government is obtained.
economy and efficiency, resort to any of the following alternative
methods of Procurement: Section 49. Limited Source Bidding.
(a) Limited Source Bidding, otherwise known as Selective Bidding – - Limited Source Bidding may be resorted to only in any of the following
a method of Procurement that involves direct invitation to bid by conditions:
the Procuring Entity from a set of preselected suppliers or (a) Procurement of highly specialized types of Goods and Consulting
consultants with known experience and proven capability relative Services which are known to be obtainable only from a limited
to the requirements of a particular contract; number of sources; or
(b) Direct Contracting, otherwise known as Single Source (b) (b) Procurement of major plant components where it is deemed
Procurement – a method of Procurement that does not require advantageous to limit the bidding to known eligible bidders in

Notes ni Jaimelyn, Marineil, and Eka

 order to maintain an optimum and uniform level of quality and (b) no splitting of requisitions
performance of the plant as a whole. (c) time frame
(d) quantity time
Section 50. Direct Contracting.
- Direct Contracting may be resorted to only in any of the following Section 53. Negotiated Procurement.
conditions: - Negotiated Procurement shall be allowed only in the following instances:
(a) Procurement of Goods of proprietary nature, which can be (a) unforeseen contingency
obtained only from the proprietary source, i.e. when patents, (b) ordinary or regular office supplies and equipment
trade secrets and copyrights prohibit others from manufacturing
the same item; Section 54. Terms and Conditions for the use of Alternative Methods.
(b) When the Procurement of critical components from a specific - The specific terms and conditions, including the limitations and
manufacturer, supplier or distributor is a condition precedent to restrictions, for the application of each of the alternative methods
hold a contractor to guarantee its project performance, in mentioned in this Article shall be specified in the IRR.
accordance with the provisions of his contract; or,
(c) Those sold by an exclusive dealer or manufacturer, which does
not have subdealers selling at lower prices and for which no ARTICLE XVII: PROTEST MECHANISM
suitable substitute can be obtained at more advantageous
terms to the Government. Section 55. Protests on Decisions of the BAC.
- Decisions of the BAC in all stages of procurement may be protested to
Section 51. Repeat Order. the head of the procuring entity and shall be in writing. Decisions of the
- When provided for in the Annual Procurement Plan, Repeat Order may be BAC may be protested by filing a verified position paper and paying a
allowed wherein the Procuring Entity directly procures Goods from the nonrefundable protest fee. The amount of the protest fee and the periods
previous winning bidder whenever there arises a need to replenish goods during which the protests may be filed and resolved shall be specified in
procured under a contract previously awarded through Competitive the IRR.
Bidding, subject to post-qualification process prescribed in the Bidding
Documents and provided all the following conditions are present: Section 56. Resolutions of Protests.
- The protests shall be resolved strictly on the basis of records of the BAC.
Section 52. Shopping. Up to a certain amount to be specified in the IRR, the decisions of the
- Shopping may be resorted to under any of the following instances: Head of the Procuring Entity shall be final.
(a) unit price

Notes ni Jaimelyn, Marineil, and Eka

Section 57. Non-interruption of the Bidding Process. Section 60. Appeals.
- In no case shall any protest taken from any decision treated in this Article - The arbitral award and any decision rendered in accordance with the
stay or delay the bidding process. Protests must first be resolved before foregoing Section shall be appealable by way of a petition for review to
any award is made. the Court of Appeals. The petition shall raise pure questions of law and
shall be governed by the Rules of Court.
Section 58. Report to Regular Courts; Certiorari.
- Court action may be resorted to only after the protests contemplated in
this Article shall have been completed. Cases that are filed in violation of ARTICLE XIX: CONTRACT PRICES AND WARRANTIES
the process specified in this Article shall be dismissed for lack of
jurisdiction. The regional trial court shall have jurisdiction over final Section 61. Contract Prices.
decisions of the head of the procuring entity. Court actions shall be - For the given scope of work in the contract as awarded, all bid prices
governed by Rule 65 of the 1997 Rules of Civil Procedure. shall be considered as fixed prices, and therefore not subject to price
- This provision is without prejudice to any law conferring on the Supreme escalation during contract implementation, except under extraordinary
Court the sole jurisdiction to issue temporary restraining orders and circumstances and upon prior approval of the GPPB.
injunctions relating to Infrastructure Projects of Government. - For purposes of this Section, “extraordinary circumstances” shall refer to
events that may be determined by the National Economic and
Development Authority in accordance with the Civil Code of the
Philippines, and upon the recommendation of the procuring entity
ARTICLE XVIII: SETTLEMENT OF DISPUTES
concerned
Section 59. Arbitration.
- Any and all disputes arising from the implementation of a contract Section 62. Warranty.
covered by this Act shall be submitted to arbitration in the Philippines (a) procurement goods
according to the provisions of Republic Act No. 876, otherwise known as (b) procurement of infrastucture projects
the "Arbitration Law": Provided, however, That, disputes that are within the - Any contractor who fails to comply with the preceding paragraph shall
competence of the Construction Industry Arbitration Commission to suffer perpetual disqualification from participating in any public bidding
resolve shall be referred thereto. The process of arbitration shall be and his property or properties shall be subject to attachment or
incorporated as a provision in the contract that will be executed pursuant garnishment proceedings to recover the costs. All payables of
to the provisions of this Act: Provided, That by mutual agreement, the government in his favor shall be offset to recover the costs
parties may agree in writing to resort to alternative modes of dispute
resolution.

Notes ni Jaimelyn, Marineil, and Eka

ARTICLE XX: THE GOVERNMENT PROCUREMENT POLICY BOARD sector to be appointed by the President upon the recommendation of the
GPPB. The GPPB may invite a representative from the Commission on
Section 63. Organization and Functions.
Audit to serve as a resource person.
- A Government Procurement Policy Board (GPPB) is hereby established to:
(a) protect national interest in all matters affecting public Procurement,
having due regard to the country’s regional and international obligations;
ARTICLE XXI: PENAL CLAUSE
(b) formulate and amend, whenever necessary, the IRR and the
- This article outlines penalties for misconduct in government
corresponding standard forms for Procurement; (c) ensure that
procurement.
Procuring Entities regularly conduct Procurement training programs and
- Public officials face imprisonment for:
prepare a Procurement operations manual for all offices and agencies of
- Opening sealed bids prematurely.
government; and (d) conduct an annual review of the effectiveness of
- Unjustifiably delaying bid evaluations.
this Act and recommend any amendments thereto, as may be
- Influencing contract awards.
necessary.
- Private individuals can be penalized for:
- The GPPB shall convene within fifteen (15) days from the effectivity of this
- Creating fake competition through collusion.
Act to formulate the IRR and for other related purposes. The GPPB shall be
- Submitting false information in bids.
supported by a technical support office
- Withdrawing bids without justification.
- In addition to the powers granted under this Act, the GPPB shall absorb all
- Penalties can include disqualification from public office or transacting
the powers, functions and responsibilities of the Procurement Policy
business with the government.
Board created under Executive Order No. 359, series of 1989. All affected
- Additional Measures (Beyon Criminal Penalties)
functions of the Infrastructure Committee of the National Economic and
- RA 9184 goes beyond just criminal penalties.
Development Authority Board are hereby transferred to the GPPB.
- Civil Liability: Those found guilty may be required to
compensate for damages caused by their actions.
Section 64. Membership.
- Disqualification: Individuals may be barred from holding public
- The GPPB shall be composed of the Secretary of the Department of
office or doing business with the government.
Budget and Management, as Chairman, the Director-General of the
National Economic and Development Authority, as Alternate Chairman,
with the following as Members; the Secretaries of the Departments of
Public Works and Highways, Finance, Trade and Industry, Health, National PROTECTING THE PROCESS
Defense, Education, Interior and Local Government, Science and
Technology, Transportation and Communications, and Energy, or their ARTICLE 22. CIVIL LIABILITY.
duly authorized representatives and a representative from the private

Notes ni Jaimelyn, Marineil, and Eka

 - Deals with additional financial consequences for violating procurement
rules.
CONCLUSION
- RA 9184 promotes a more ethical and efficient government procurement
ARTICLE 23. ADMINISTRATIVE SANCTIONS
system.
- Establishes administrative penalties (suspension) for bidders who break
- This leads to:
the rules (e.g., submitting false information).
- Better public services
- Improved infrastructure
- Stronger economy
SUPPORTING ETHICAL CONDUCT

ARTICLE XXIV: LEGAL ASSISTANCE AND INDEMNIFICATION OF BAC MEMBERS

COPY OF RA 9184
- Article 24 recognizes the importance of protecting those who oversee the
Copy of RA 9184
bidding process.
https://www.gppb.gov.ph/wp-content/uploads/2023/06/Republic-Act-No.-9184.
- It allows members of the Bids and Awards Committee (BAC) to receive
pdf
legal assistance if sued due to their work.
- This safeguards BAC members from personal liability when acting in
good faith.

IMPLEMENTING THE ACT

ARTICLE XXV: FINAL PROVISIONS

- Article 25 covers setting up the framework to enforce the Act.
- This includes:
- Creating a committee to oversee implementation (Joint
Congressional Oversight Committee).
- Developing clear guidelines and standard forms for conducting
procurements (by GPPB).
- Amending other laws to ensure consistency with RA 9184.

Notes ni Jaimelyn, Marineil, and Eka

LECTURE 8: PRESIDENTIAL DECREE 1594 (f) Unit prices
(g) Budget for the contract
- PD 1594 was ordered by former President Ferdinand E. Marcos (h) Bid/tender documents
composing its prescribing policies, guidelines, rules and regulations for (i) Program of work
government infrastructure contracts. (j) Pert/CPM analysis and estimates
- Its implementing rules and regulations were amended on the 24th of May (k) Days = calendar days as per the Decree
and 5th of July year 2000.

- Detailed Engineering - A schedule of detailed engineering activities shall

SECTION 1: POLICY OBJECTIVES. include the following:
Shall: (A) Survey;
(a) Bring about the maximum efficiency in project implementation and (B) Site investigation;
minimize project cost and contract variations through sound practices in (C) Soils and foundation investigation;
contract management; (D) Construction materials investigation;
(b) Promote a healthy partnership between the government and the private (E) Preparation of design plans;
sector in furthering national development; and (F) Preparation of technical specifications;
(c) Enhance the growth of the local construction industry and optimize the (G) Preparation of quantity and cost estimates;
use of indigenous manpower, materials and other sources. (H) Preparation of program of work;
(I) Preparation of proposed construction schedule (and estimated
SECTION 2: DETAILED ENGINEERING cash flow for projects with schedule over six (6) months);
- Detailed engineering investigations, surveys and designs satisfying the (J) Preparation of site or right-of-way plans including schedule of
standards and specifications to be promulgated by respective personnel acquisition;
bidding and/or award of contract project shall be made (K) Preparation of utility relocation plan;
(a) to minimize quantity and cost overruns and underruns; (L) Preparation and submission of design report;
(b) change orders and extra work orders (M) Environmental impact statement for critical project as defined by
- Work under detailed engineering shall include but not necessarily be the Department of Environment and Natural Resources (DENR);
limited to the following: (N) Preparation of bid/tender documents; and
(a) Design standards; (O) Preparation of minimum requirements for a construction safety
(b) Field surveys and investigation; and health program for the project being considered.
(c) Contract plans:
(d) Quantities SECTION 3. PREQUALIFICATION OF PROSPECTIVE CONTRACTORS
(e) Special provisions

Notes ni Jaimelyn, Marineil, and Eka

 - Requirements to qualify as a prospective contractor to bid or tender: (c) Negotiated contract
(a) Legal Requirements - Who is in charge of its approval
(b) Technical Requirements (a) If the project cost is less than P1 million:
(c) Financial Requirements Ministry of public works, transportation and communications; The
(d) Filipino Participation minister of public highways; or The minister of energy
- Legal Requirements (b) If the project cost is P1 million or more:
● A contractor for the current year pursuant to R.A. 4566; The President of the Philippines (upon the recommendation of
● Paid his/her privilege tax to practice or engage in the contracting the minister)
business for the current year; - Bidder’s Bond
● Must comply with the administrative order no. 66 of the Office of
the President of the Philippines; and SECTION 5: AWARD AND CONTRACT
● Must comply with other existing pertinent laws, rules and - Awarded to the lowest prequalified bidder (taken that the bid complies
regulations with all the terms and conditions) and to the most advantageous to the
- Filipino Participation government.
● The government shall provide maximum participation eligible - Who is in charge of its approval?
Filipino contractors in all construction projects. (i) Minister of public works, transportation and communications;
- Technical Requirements (ii) The minister of public highways; or
● Competence and experience of the contractor in managing (iii) The minister of energy
projects similar to the subject project;
● Competence and experience of the contractor’s key personnel to SECTION 6: ASSIGNMENT AND SUBCONTRACT
be assigned to the subject project; - “The contractor shall not assign, transfer, pledge, subcontract, or make
● Availability and commitment of the contractor’s equipment to be any other disposition of the contract or any part of interest therein.
used for the subject project. - Approval of the subcontract shall not relieve the main contractor from
- Financial Requirements any liability or obligation under his contract with the government nor
● Net worth and Liquid assets of the prospective contractor must shall it create any contractual relation between the subcontractor and
meet the requirements the government.” (Manila, 1978)

SECTION 4: BIDDING SECTION 7: RESPONSIBILITY OF THE CONTRACTOR

(a) Administration - The contractor shall assume full responsibility for the following until its
(b) Force account final acceptance by the government:

Notes ni Jaimelyn, Marineil, and Eka

 (a) Any damage or destruction of works (except those occasioned - Made by the Government while such contract work is in progress
by force majeure; - “The contractor shall be held responsible for the acceptability of the
(b) Safety, protection, security and convenience of his personnel, finished works. The contractor shall promptly replace all materials and
third parties, and the public at large; and correct all works determined by the government.”
(c) Works, equipment, installation and the like
SECTION 11: GOVERNMENT’S RIGHT TO TAKE OVER CONTRACT WORK
SECTION 8: ADJUSTMENT CONTRACT PRICE (a) Abandonment of the contract work;
- Who can authorize the adjustment of contract price? (b) Unduly delay of prosecution of the contract work, or become insolvent;
(a) The minister of public works, transportation, and (c) Assigning his assets for the benefit of his creditors;
communications; (d) Adjudged bankrupt;
(b) The minister of public highways; or (e) Assigning of the contract work without written approval by the
(c) The minister of energy government
- When is the adjustment applicable? (f) Violation of any condition or term of the contract
- “If during the effectivity of the contract, the cost of labor,
equipment, materials and supplies required for the construction SECTION 12: IMPLEMENTING RULES AND REGULATIONS
should increase or decrease due to direct acts of the - Applicable to all contracts for the infrastructure and other construction
government.” projects of all government agencies including government-owned or
- How is the adjustment made? controlled corporations and other instrumentalities
- The adjustments of the contract price shall be made using - Who promulgates the rules and regulation to implement the provisions of
appropriate formulas established. PD 1594?
(a) The minister of public works, transportation and
SECTION 9: CHANGE ORDER AND EXTRA WORK ORDER communications; - Lead Official
- Issued only for works necessary for the completion of the project (b) The minister of public highways
- Who is in charge of its approval? (c) The minister of energy
(a) The minister of public works, transportation and (d) General of the national economic and development authority -
communications; Director
(b) The minister of public highways; or - Who is in charge of its approval? The President of the Philippines
(c) The minister of energy SECTION 13: SEPARABILITY CLAUSE
- “If any provision of this decree is held unconstitutional, the other provision
SECTION 10: INSPECTION AND CONSTRUCTION OF CONTRACT WORK shall remain valid.”

Notes ni Jaimelyn, Marineil, and Eka

 Designated procurement unit:
SECTION 14: REPEALING CLAUSE ● Chairman (regular)
- “All acts, charters, decrees, letters of instructions, executive orders, ● Executive officer and secretary (regular)
proclamations, rules and regulations or parts thereof in conflict with the ● Member (regular)
provisions of this decree are hereby repealed or modified accordingly.” ● Member (provisional)
● Members from the private sector
SECTION 15: EFFECTIVITY ● Observer
- “This Decree shall take effect immediately. Done in the city of Manila, this “members/observers of the bac or designated procurement unit
11th day of June, in the year of Our Lord, nineteen hundred and should receive the notice of meeting at least two calendar days
seventy-eight.” before the date of the meeting.” (Malacañang, 2000)
Implementing Rules and Regulations (b) Government owned or controlled corporations shall organize
- Instruction to Bidders their own bacs or designated procurement units. Members are to
(a) Filipino be appointed by their respective boards.
● citizens (single proprietorship) (c) Non-infrastructure agencies shall cause the designation of either
● partnership or corporation duly organized under the laws of the two infrastructure departments to undertake the
of the Philippines, and at least seventy-five percent (75%) prequalification/eligibility screening, bid, and award services, as
of the capital stock of which belongs to Filipino citizens well as the preparation of project plans and designs and
(b) A group of two or more contractors that intend to be jointly or supervision of construction
severally responsible for a particular contract - Invitation to prequalify/apply for eligibility and to bid
● comply with LOI (Letter of Intent) 630 (a) for locally funded contracts
● currently and properly licensed by the Philippine ● contracts to be bid costing more than 5,000,000 php:
Contractors Accreditation Board (PCAB) advertisement shall be made at least three (3) times in
● comply with the provisions of R.A. 4566 and its not less than two (2) weeks in at least two (2)
Implementing Rules and Regulations newspapers of general nationwide circulation which
● Filipino ownership (joint ventures) is less than have been regularly published for at least two (2) years
seventy-five percent (75%) before the date of issue of the advertisement
(c) Foreign contractors for internationally bid foreign-assisted ● contracts to be bid costing 5,000,000 php and below (or
projects as may be required by foreign financial institutions contracts authorized to be bid by the regional/district
- Organization of the Bid and Award Committee (BAC) offices involving costs):
(a) Bid and Award Committee / Designated Procurement Unit

Notes ni Jaimelyn, Marineil, and Eka

 advertised at least two (2) times within two (2) weeks in - Valid Joint Venture Agreement; -Letter Authorizing the
a newspaper of general local circulation in the region Head of Office/Agency/Corporation or his Duly
where the contract to be bid is located Authorized Representatives to Verify any or all of the
(b) Foreign-financed/assisted projects Documents submitted for Eligibility Screening;
- Issuance of qualification statements/forms - Statements that his firm is not included in the “BLACKLIST”
(a) BAC or Designated Procurement Unit shall provide prospective of Contractors
bidders with the notice for prequalification/eligibility screening Note: Construction Industry Authority of the Philippines (CIAP)
containing the following as guides in evaluating their capabilities: issues the Blacklist-kings of contractors.
● Name and location of project; - Technical Documents:
● Project background and other relevant information - Statement of all Government and Private Construction
● Approved budget source of funding Contracts completed in at least the last three (3) years
● Criteria to be used by the office/agency/corporation in: as specified in the notice for prequalification/eligibility
- The Prequalification of eligibility screening of contractors; screening -contractor’s statement including:
- The evaluation of bids; and (1) Name of the Contract;
- The Post qualification of the lowest calculated bid (2) Contractor’s Role (sole contractor/ subcontractor/
● Cost and Place of Issuance partner in a joint venture);
● Date, Time and Place of: POSS (3) Total Contract Value at Completion;
P: Pre-bid Conference (4) Date of Award;
O: Opening of Bids (5) Date of Completion;
S: Submission of Accomplished Eligibility Forms (6) Date of Award;
S: Submission of Bids (7) Date of Completion;
(b) Prequalification or Eligibility Statements shall be required by the (8) Contract Duration
contracting government for every contract in which the - Statement of all ongoing government and private construction
contractor intends to bid. contracts, including contracts awarded but not yet started:
(c) The following documents which embody the non–discretionary (1) Name of the Contract;
“Pass/Fail” Criteria for prequalification or eligibility for the (2) Owner/s Name and Address;
contract to bid: (3) Nature of Work;
- Legal Documents: PRESIDENTIAL DECREE NO. 1594 (4) Contractor’s Role;
- Contractor’s Valid PCAB (Philippine Contractors (5) Total Contract Value at Award;
Accreditation Board); (6) Date of Award;

Notes ni Jaimelyn, Marineil, and Eka

 (7) Percentages of Planned and Actual Accomplishments; The Philippine Contractors Accreditation Board (PCAB) shall register and
(8) Value of Outstanding Works; classify contractors based on the PCAB guidelines for registration and
(9) Estimated Completion Time classification of contractors.
- Statement that the contractor has key personnel
- Statement that the contractor owns, and/or has under lease, and/or PREQUALIFICATION OR ELIGIBILITY SCREENING OF CONTRACTORS FOR SPECIFIC
has under purchase agreements, equipment that may be used for CONTRACTS
construction 1. A bidder must be found to be prequalified or eligible to submit a bid for
Note: Contractor’s Statement has to be supported by the Contractor’s the contract to be bid.
Performance Evaluation System (CPES) Rating Sheets, and/or Certificates 2. The Government reserves the right to review the prequalification
of Completion and Owner’s Acceptance; Statement of all ongoing statements of a contractor before the approval of the contract.
government and private construction contracts has to be supported by 3. The BAC or designated procurement unit shall determine if each
the notices of award and/or notices to proceed by the owners. contractor is prequalified to submit bids for the contract to be bid.
- Financial Documents: 4. The BAC or designated procurement unit shall mark a set of
- Audited Financial Statements stamped “RECEIVED” by the Bureau prequalification documents for each contractor “ELIGIBLE” or “INELIGIBLE”.
of Internal Revenue They inform in writing the eligible and ineligible bidders within 7 calendar
- Contractor’s Net Financial contracting capacity (NFCC) days after the approval.
Formula:
ISSUANCE OF PLANS, SPECIFICATIONS, PROPOSAL BOOK FORM(S) AND DRAFT
𝑁𝐹𝐶𝐶 = (𝐶𝑢𝑟𝑟𝑒𝑛𝑡 𝐴𝑠𝑠𝑒𝑡𝑠 – 𝐶𝑢𝑟𝑟𝑒𝑛𝑡 𝐿𝑖𝑎𝑏𝑖𝑙𝑖𝑡𝑒𝑠) – (𝑉𝑎𝑙𝑢𝑒 𝑜𝑓 𝑎𝑙𝑙 𝑂𝑢𝑡𝑠𝑡𝑎𝑛𝑑𝑖𝑛𝑔 𝑊𝑜𝑟𝑘𝑠 𝑈𝑛𝑑𝑒𝑟 𝑂𝑛𝑔𝑜𝑖𝑛𝑔
CONTRACT
𝐶𝑜𝑛𝑡𝑟𝑎𝑐𝑡𝑠)
1. The BAC or designated procurement unit shall issue plans,
Whereby:
specifications, proposal book forms for the contract to be bid to the
K= Current Assets-Current Liabilities
eligible bidders.
= 10 (for a contract duration of one year or less)
= 15 (for a contract duration of more than one year up to two years)
= 20 (for a contract duration of more than two years

CLASSIFICATION AND REGISTRATION OF CONTRACTS

Notes ni Jaimelyn, Marineil, and Eka

 2. The aforementioned schedules shall be considered as prescribed 3. The government shall not assume any responsibility regarding
minimums and may be extended depending on the complexity of the erroneous interpretations or conclusions by the eligible bidder.
project to be bid subject to the approval of the office/head/agency head 4. The eligible bidders shall be familiarized with all the laws, decrees,
concerned. ordinances, acts and regulations of the Philippines which have effect on
3. In case of simple or repetitive or standardized jobs where time is of the the operations and activities of contractors.
essence, the head of office/agency/corporation may reduce the above
time of issuance to not less than fifty percent (50%). BID/TENDER AWARD
4. A draft contract shall be issued to the eligible bidders to form part of PREPARATION OF BIDS AND BID BONDS, AND PRE QUALIFICATION/ELIGIBILITY
the bid documents. STATEMENT
1. Bids shall be prepared on the proposal book form in accordance with
INTERPRETATION OF BID/TENDER DOCUMENTS AND OTHER SUPPLEMENTAL the instructions to bidders.
NOTICES 2. The original copy of a bid shall be accompanied by a bid security in an
1. If an eligible bidder is in doubt as to the meaning of any part of the bid amount equivalent to a percentage, in accordance to the schedule given
documents, he may submit a written request for an interpretation to the below:
head of office/agency/corporation. Any response given will be issued by • CASH MANAGER’S CHECK, CASHIER’S CHECK, IRREVOCABLE LETTER
the Government in the form of a supplemental notice. OF CREDIT, OR BANK DRAFT
2. Additional notices may also be issued by the government to all eligible • BANK GUARANTEE
bidders for at least 7 days to clarify or modify the bid documents. • SURETY BOND
3. For the contracts to be bid with an approved budget of 5 Million pesos 3. No bid securities submitted by any eligible bidder shall be returned
or more, at least (1) prebid conference is required. The pre-bid after the opening of bids, except by those that failed to comply with any
conference(s) shall cover among others the legal, technical, and of the requirements to be submitted in the first envelope of the bid as
financial requirements of the contract to be bid. hereinafter provided.

ELIGIBLE BIDDER’S RESPONSIBILITY DETAILED EVALUATION OF BIDS

1. The eligible bidder shall be responsible to review all the bid materials The BAC conducts a detailed evaluation of all bids, using non-discretionary
closely and also to consider all circumstances. Failure to do so shall be at criteria stated in the notice for prequalification/eligibility screening. Following
the eligible bidder’s risk. requirements for detailed evaluation:
2. The eligible bidder by the act of submitting his bid, acknowledges that a. BID SECURITY
he has inspected the site and determined the general characteristics of b. COMPLETENESS OF BID
the project and the condition. c. MAJOR DEVIATIONS

Notes ni Jaimelyn, Marineil, and Eka

 d. CORRECTION FOR ERRORS, DISCOUNTS, AND OTHER MODIFICATIONS 2. By Negotiated Contract
e. APPROVED BUDGET FOR THE CONTRACT UNDER BIDDING ● Negotiated contract may be entered into only where any of the
following conditions exists and the implementing office/agency
POST QUALIFICATION OF CONTRACTOR WITH THE LOWEST CALCULATED BID corporation is not capable, of undertaking the project by
Requirements: administration:
a. Legal Requirements ● In emergencies involving natural disasters, immediate action is
b. Technical Requirements required to prevent loss of life, property, or restore vital public
c. Experienced of the contractor services, infrastructure, and utilities severely damaged.
d. Performance of the contractor ● Failure to award the contract after two (2) public biddings for
e. Financial Requirements valid cause or causes
● The subject project can be economically prosecuted by the
same contractor if it is adjacent to an ongoing project with
similar scope of works.
AWARDING OF CONTRACT ● For contracts terminated in accordance with the provisions of
1. By Bid Contract Presidential Decree No. 1870
● The contract may be awarded to the lowest prequalified bidder ● Contractors with ARC-C, Pre C, and other prequalification papers
whose bid as evaluated complies with all the terms and on file with the CIAP and classified under the project type are
conditions eligible for negotiation.
● The post disqualified bidder shall have seven (7) days from 3. Disclaimer
receipt of the said notification to request from the bac or The Government assumes no obligation whatsoever to compensate or
designated procurement unit, if he so wishes, a reconsideration indemnify the bidders for any expenses or loss that they may incur in the
of this decision preparation of their bid nor does the Government guarantee that an
● If the second contractor, however, fails the post qualification award will be made.
criteria, the procedure in sections ib 10.6.1-1 to ib 10.6.1-3 shall be
repeated for the bidder(s) with the next lowest calculated bid(s), APPROVAL OF AWARDS AND CONTRACTS
until the lowest calculated responsive bid is obtained for award Objective 1
● If no bid falls within the award limits for contracts under Section - The head of the Infrastructure Department or their authorized
IB 10.6.1-1, the head of office/agency/corporation may representatives must approve awards and contracts funded or
recommend prosecution by administration or negotiated implemented by the department, including its agencies.
contract. Objective 2

Notes ni Jaimelyn, Marineil, and Eka

 - The President of the Philippines grants approval for awards and contracts
implemented by both infrastructure and non-infrastructure agencies, SUPPORTING DOCUMENTS
either by their respective Secretaries or heads of office. 1. Duly Approved Program of Work and Cost Estimates
Objective 3 2. Certificate of Availability of Funds
- Awards and contracts must be submitted to the President of the 3. Approved Budget for the Contract
Philippines or his representative for approval beyond the approving 4. Abstract of Bids
authority of the aforementioned officials 5. Resolution of the BAC or the BAC recommending Award
Objective 4 6. Approval of Award by Approving Authority
- Contract awards cannot be made beyond the specified bid security 7. Concurrence of Lending Institution in case of Foreign-assisted Projects
validity period, and contractors are not obligated to accept the award 8. Other pertinent documents as may be reasonably required by existing
beyond this period. laws

DOCUMENTS COMPRISING THE CONTRACT APPROVAL OF CONTRACT

- Part of the Contract - Within 15 days- for contracts requiring the approval by the head of
a. Contract Agreement office/agency/corporation concerned
b. Conditions of Contract - Within 30 days- for contracts requiring the approval by the office of the
c. Drawings/Plans President
d. Specifications
e. Invitation to Bid ISSUANCE OF NOTICE TO PROCEED
f. Instructions to Bidders The concerned government office/agency/corporation should issue the
g. Addenda Notice to Proceed (NTP) to the successful bidder not later than fifteen (15)
h. Bid Form including the following Annexes in two (2) Envelopes calendar days from the date of approval of the contract by the
i. Performance Security concerned/authorized government official. THE EFFECTIVITY DATE FOR THE NTP
j. Prequalification Statements SHALL BE SPECIFIED BY THE AGENCY CONCERNED.
k. Credit Line issued by an authorized bank in an amount equal to
the average operating expenses of the project for two (2) months CONTRACT IMPLEMENTATION
or ten percent (10%) of the total project cost, whichever is less - THESE PROVISIONS REFER TO ACTIVITIES DURING PROJECT CONSTRUCTION,
l. Notice of Award of Contract and Contractor's Conforme" thereto I.E., AFTER CONTRACT AWARD UNTIL COMPLETION, EXCEPT AS MAY
m. Other Contract Documents that may be required by the OTHERWISE BE SPECIFICALLY REFERRED TO PROVISIONS UNDER SECTION II. B
office/agency/corporation concerned INSTRUCTIONS TO BIDDERS.

Notes ni Jaimelyn, Marineil, and Eka

 Under no circumstances shall a contractor proceed to commence work under
VARIATION ORDERS any Change Order or Extra Work Order unless it has been approved by the Head
● CHANGE ORDER / EXTRA WORK ORDER / SUPPLEMENTAL AGREEMENT of the Procuring Entity or his duly authorized representative.
1. Variation Orders may be issued by the procuring entity to cover any
increase/decrease in quantities, including the following: ADVANCE PAYMENT
- introduction of new work items 1. The procuring entity shall, upon a written request of the contractor which
- design or alignment to suit actual field conditions shall be submitted as a contract document, make an advance payment
- “as staked plans” or construction drawings not exceeding fifteen percent (15%) of the total contract price
2. A Change Order may be issued by the implementing official to cover any 2. The advance payment shall be made only upon the submission to and
increase/decrease in quantities of original work items in the contract. acceptance by the procuring entity of an irrevocable standby letter of
3. An Extra Work Order may be issued by the implementing official to cover credit
the introduction of new work necessary for the completion, improvement 3. The advance payment shall be repaid by the contractor by deducting
or protection of the project which was not included as items of work in fifteen percent (15%) from his periodic progress payments
the original contract 4. The contractor may reduce his standby letter of credit or guarantee
4. A separate Supplemental Agreement may be entered into for all Change instrument by the amounts refunded by the Monthly Certificates in the
Orders and Extra Work Orders if the aggregate amount exceeds 25% of advance payment.
the escalated original contract price.

ADDITIONAL/ EXTRA WORK COSTING

For Variation Orders, the contractor shall be paid for additional work items CI 5 - Progress Payment
whose unit prices shall be derived based on the following: Once a month or for an accomplishment of at least Php 1.0 million, the
- For additional/extra works duly covered by Change Orders involving work contractor may submit a request for payment for the work accomplished
items which are exactly the same or similar to those in the original which is verified and certified by the Government project engineer. Except
contract, the applicable unit prices of work items original contract shall materials and equipment delivered on the site but not completely put in
be used. place shall not be included for payment.
- For additional/extra works duly covered by Extra Work
CI 6 - Retention Money
CONDITIONS UNDER WHICH CONTRACTOR IS TO START WORK UNDER VARIATION Progress payments are subject to retention of ten percent (10%) referred
ORDERS AND RECEIVE PAYMENTS to as the “retention money”, which shall be based on the total amount
due to the contractor prior to any deduction and shall be retained from

Notes ni Jaimelyn, Marineil, and Eka

 every progress payment until fifty percent (50%) of the value works are VCUP = Value of the completed and usable portion of the
completed. If, after fifty percent (50%) completion, the work is contract work, as of the expiry date of the contract, in Pesos
satisfactorily done and on schedule, no additional retention shall be OCC = Prevailing opportunity cost of capital for government
made. projects set by NEDA, which is currently pegged at 15%
n = Total number OF years that the contract work is delayed after
CI 7 - Contract Completion the expiry date of the contract
Once the project reaches an accomplishment of 95% of the total K = Adjustment factor to cover additional losses = 1 + C + (i x n)
contract amount, the government may create an inspectorate team to Where,
make preliminary inspection and submit a punch-list to the contractor in C = Cost of construction supervision as percentage, not
preparation for the final turnover of the project. However, shall not exceeding 10% of construction cost
preclude the government’s claim for liquidated damages, nor the i = Annual Inflation Rate
contractor’s claim for incentive bonus, as the case may be.
CI 9 - Incentive Bonus
CI 8 - Liquidated Damages For major and urgent projects, if the contractor completes the contract
Where the contractor fails to satisfactorily complete the work within the works ahead of schedule without any suspension order effected or
specified contract time, plus any time extension duly granted and is extension of contract time granted, he may be given a bonus, in an
hereby in default under the contract, the contractor shall pay the amount to be determined in accordance with the following formula, but
Government for liquidated damages, in accordance with the following not to exceed ten percent (10%) of the contract price:
formula for each calendar day of delay, until the work is completed and
taken over by the Government: TIB = VCUP x [ (1 + OCC)t – 1 ] x K’

TLD = VUUP x [ (1 + OCC)n – 1 ] x K Where,

VUUP = TCP – VCUP TIB = Total Incentive Bonus, In Pesos, which shall not exceed or be
greater than 10% of the total contract price
Where, VCUP = Value of the completed and usable portion of the
TLD = Total Liquidated Damages, in Pesos contract work done ahead of schedule
VUUP = Value of the Uncompleted and Unusable Portions of the OCC = Prevailing opportunity cost of capital for government
Contract Work, as of the Expiry Date of the Contract, in Pesos projects set by NEDA which is currently pegged at 15%
TCP = Total Contact Price, in Pesos t = Total number of years that the contract work was completed
before the expiry date of the contract

Notes ni Jaimelyn, Marineil, and Eka

 K’ = Adjustment factor to cover additional returns CI 12 - Contract Price Escalation
= 1 + C + (i x n) All infrastructure contracts entered into after the date of effectivity of
Where, these guidelines (August 27, 1980) shall employ the escalation method
C = Cost of Construction Supervision as Percentage, not using the parametric formulae provided for in these guidelines.
exceeding 10% of construction cost Formulae other than those prescribed herein may also be used for price
i = Annual Inflation Rate escalation purposes provided the adoption of the same is clearly
stipulated in the tender and contract documents provided to tenderers
VCUP = TCP – VPSCU prior to the bidding and agreed upon by the government and the
Where, contractor.
TCP = Total Construction Price, in Pesos
VPSCU = Value of the portion of the contract work CI 13 - ACCREDITATION OF TESTING LABORATORIES
supposed to be completed and usable, per approved PERT/CPM To help ensure the quality of materials being used in infrastructure
Schedule, on the date of actual contract completion, in Pesos projects, the Bureau of Research and Standards (BRS) of DPWH or Department of
Science and Technology (DOST) shall accredit, in accordance with industry
CI 10 - Suspension of Work guideline, the testing laboratories whose services are engaged or to be engaged
1. The Government or its duly authorized representative shall have the in infrastructure projects.
authority to suspend the work wholly or partly by written order for such
period as may be deemed necessary, due to force majeure or any
fortuitous events or for failure on the part of the contractor to perform
any provisions of the contract during construction. PE – EVALUATION OF CONTRACTORS PERFORMANCE

PE 1 SUBJECT AND SCOPE.

CI 11 - Extension of Contract Time
All contractors undertaking projects with the government, regardless of
The Government is not bound to take into account any claim for an
contract amount and funding source and whose contracts are awarded either
extension of time unless the contractor has prior to the expiration of the
thru bidding or negotiation, shall have their performance evaluated by
contract time and within thirty (30) calendar days after such work has
offices/agencies/corporations concerned.
been commenced, delivered to the Government notices. The
Government shall examine the facts and extent of the delay and shall
PE 2 EVALUATION GUIDELINES
extend the contract time for completing the contract work when, in the
All offices/agencies/corporations concerned are mandated to adopt the CPES
Government’s opinion, the findings of facts justify an extension.
implementing guidelines as approved by the NEDA infracom.

Notes ni Jaimelyn, Marineil, and Eka

PE 3 IMPLEMENTATION MECHANISM FOR CPES filing of the same with the office of the national administrative register
Each agency shall establish a CPES implementing unit (iu) which shall be pursuant to administrative code of 1987.
responsible for CPES guidelines implementation, including but not limited to the 3. Violation of the provisions of the irr of pd 1594 will subject the erring
supervision of performance evaluators accredited by the CIAP. government official/employee to the sanctions provided under existing
laws particularly republic acts of 3019 (known as the “anti-graft and
PE 4 SUBMISSION OF EVALUATION RESULTS corrupt practices act'') and 6713 (known as the “code of conduct and
All offices/agencies/corporations concerned shall submit the results of ethical standards for public officials and employees”), and the civil
their performance evaluation to the CIAP within a week after the conduct of the service law, among others. Complaints against government
final evaluation. officials/employees may be filed with the agency head, or if the agency
head is the official being complained, with the office of the president.
PE 5 UTILIZATION OF EVALUATION RESULTS
The CIAP shall consolidate all of the evaluation results received and shall APPLICABILITY
disseminate the same to all offices/agencies/corporations concerned. Such data These implementing rules and regulations as amended shall apply to all
shall be used, among others, in the prequalification and blacklisting of contracts for infrastructure and other construction projects of all government
construction firms, and in adopting measures to further improve performance of agencies including government-owned or controlled corporations and other
contractors in the prosecution of government projects. instrumentalities that will either be bid out or negotiated including those through
sealed canvass or simplified public bidding after ten (10) days from date of
ADMINISTRATIVE SANCTIONS dissemination of these amended implementing rules and regulations by the
1. Administrative sanctions as provided for under the uniform guidelines for National Economic and Development Authority (NEDA) Committee on
blacklisting constructors involved in public construction CIAP blacklisting Infrastructure (INFRACOM), unless otherwise specifically provided herein. For
guidelines) shall be imposed for offense/violations committed by contracts bid out before said effective date, the previous implementing rules and
contractors during prequalification, bidding, award and contract regulations shall apply.
implementation.
2. The imposition of administrative sanctions in this section shall be
pursuant to the CIAP blacklisting guidelines approved by the
neda-infracom. The CIAP blacklisting guidelines shall, however, be
subject to review and revision by the CIAP inter-agency committee (iac)
on blacklisting. Amendment/revisions to such guidelines shall be
approved by the CIAP board and become effective fifteen (15) days after

Notes ni Jaimelyn, Marineil, and Eka

LECTURE 9: CIAP 102 ● The first edition of CIAP Document 102 was published on October 15, 1997.
It has undergone revisions in 2004 and 2022 to incorporate current best
DEFINITION practices and adaptations within the construction industry.
● “Construction Industry Authority of the Philippines” ● It was formulated by a Committee composed of representatives from
● also known as “Uniform General Conditions of Contract for Private various professional organizations
Construction”
● contains terms and conditions
● used in contracts for private construction

INTENT
● CIAP Document 102 provides procedures, guidelines, and criteria for
parties in a construction contract to address deficiencies and ambiguity.

DEFINITION OF TERMS
● CONTRACT - used to describe the combination of two (2) sets of
documents: agreement & contract document
● AGREEMENT - refers to the agreement signed between the owner and the
contractor.
● CONTRACT DOCUMENTS - are attached to the Agreement.
● SPECIAL PROVISIONS OR CONDITIONS - are instructions which are issued
prior to bidding.
● SPECIFICATIONS - written or printed description of the work to be done.
● GENERAL CONDITIONS OF CONTRACT - pertain to the roles, rights, and
obligations of the contracting parties. SECTION 1 : Definitions and Documents
ArtIcle 1 Definitions
HISTORY - This article provides definitions for various terms used in the contract
The Construction Industry Authority of the Philippines (CIAP) documents, such as "contractor," "owner," "work," "materials," and "change
● Created by Presidential Decree No. 1746 on November 28, 1980. order.“
● It promotes, accelerates, and regulates the growth and development of ArtIcle 2 Execution, Correlation, Meaning of Terms and Intent of Documents
the construction industry in conformity with national goals. - This article discusses how the contract documents should be executed,
how they relate to each other, and how terms and provisions should be

Notes ni Jaimelyn, Marineil, and Eka

 interpreted. It also emphasizes the importance of understanding the - This article highlights the importance of complying with all applicable
overall intent of the contract documents. laws and regulations during the construction process. It also covers the
ArtIcle 3 Drawings and Specifications contractor's responsibility for inspecting the site and understanding the
- This article describes the different types of drawings and specifications site conditions before beginning work.
that may be included in the contract documents, such as architectural, ArtIcle 7 Permits, Taxes and Surveys
structural, mechanical, and electrical drawings. It also discusses the role - This article discusses the various permits and licenses that may be
of the drawings and specifications in the construction process. required for a construction project, such as building permits,
ArtIcle 4 Detail Drawings and Instructions environmental permits, and zoning permits. It also covers the payment of
- Provides guidelines for the production, submission, and approval of detail taxes and fees associated with the project. Additionally, this article
drawings and instructions, including requirements for the accuracy and explains the importance of surveying the site and clarifies the roles and
completeness of the information provided. It also clarifies the responsibilities of the contractor and owner in obtaining necessary
responsibilities of the contractor and the owner in the review and permits and conducting surveys
approval process, and the potential consequences of errors or delays in
producing and approving these documents. SECTION 3: Equipment and Materials
ArtIcle 5 SHOP DRAWINGS ArtIcle 8 GENERAL
- This article discusses shop drawings, which are detailed drawings - Establishes the general provisions for equipment and materials in the
submitted by the contractor to show how certain parts of the work will be construction contract, including the contractor's responsibility for
fabricated or installed. It covers the contractor's responsibility for providing materials and equipment that meet specifications, as well as
preparing and submitting shop drawings, as well as the owner's the owner's responsibility for ensuring timely delivery of materials.
responsibility for reviewing and approving them. ArtIcle 9 EQUIPMENT
- Shop drawings shall be dated and contain - This article specifically covers the use of equipment in the construction
(a) the name of project, process, including the contractor's responsibility for providing and
(b) the descriptive names of equipment, materials, and classified item maintaining the equipment and the owner's responsibility for reimbursing
numbers and the contractor for any rental costs.
(c) the location at which materials or equipment are to be installed in the ArtIcle 10 Materials, Fixtures, Appliances, and Fittings Furnished by the
Work. Contractor
- This article discusses the contractor's responsibility for providing and
SECTION 2: Laws, Regulations, Site Conditions, Permits & Taxes installing materials, fixtures, appliances, and fittings that are not
ArtIcle 6 Laws and Site Conditions specifically furnished by the owner.

Notes ni Jaimelyn, Marineil, and Eka

ArtIcle 11 Materials, Equipment, Fixtures, Appliances and Fittings Furnished by temporary structures and facilities do not interfere with the use of the
the Owner premises.
- Discusses the materials, equipment, fixtures, appliances, and fittings 1. TEMPORARY OFFICE AND CONTRACTOR'S BUILDING
provided by the owner, including the owner's responsibility for ensuring 2. TEMPORARY HOUSING FOR WORKERS
that these materials meet the specifications and requirements of the 3. SAFETY AND SANITATION
contract. 4. TEMPORARY SIGNS
ArtIcle 12 Royalties and Patents 5. TEMPORARY OR TRIAL USAGE
- Addresses the issue of royalties and patents related to the use of
equipment and materials, including the contractor's responsibility for SECTION 5: Protection of Work and Property
obtaining any necessary licenses or permissions Art. 16 Protection of Work and Owner’s Property
ArtIcle 13 Manufacturer’s Direction - Specifies the contractor's responsibility to protect the work and the
- Discusses the manufacturer's directions for the installation and use of owner's property from damage, loss, or theft.
equipment and materials, including the contractor's responsibility for 1. SAFEGUARD MEASURES
following these directions, as well as the owner's responsibility for 2. OLD MATERIALS
ensuring that the equipment and materials are installed and used 3. TREES AND OTHER PLANTS
properly. 4. DRAINAGE
Art. 17 Protection of Adjacent Property and Existing Utilities
SECTION 4: Premises and Temporary Structures - Discusses the contractor's responsibility to protect adjacent property and
Art. 14 Use of Premises existing utilities while carrying out construction work. It requires the
- Provides guidelines for the use of premises during construction, including contractor to take necessary measures to prevent any damage to
the contractor's responsibility for maintaining safe working conditions neighboring properties and utilities, and to repair any damage caused by
and the owner's responsibility for ensuring that the premises are the construction work at their own expense.
available for construction work 1. CONTRACTOR'S RESPONSIBILITY
1. LIMITATION OF USE Art. 18 Authorization to Contractor for the Protection of Life, Work and Property
2. SAFEGUARD FOR STRUCTURE During Emergency
Art. 15 Temporary Structures and Facilities - The contractor has the authority to take immediate action to protect life,
- Outlines the requirements for the construction of temporary structures work, and property without waiting for instructions from the owner, and
and facilities, such as offices, barracks, and storage areas, during that the owner should be notified as soon as possible. The contractor
construction, including the contractor's responsibility for obtaining should also keep records of the actions taken during the emergency and
necessary permits and the owner's responsibility for ensuring that the provide them to the owner upon request.

Notes ni Jaimelyn, Marineil, and Eka

 1. AUTHORIZATION TO CONTRACTOR 5. OTHER REQUIREMENTS BEFORE FINAL PAYMENT

SECTION 6: Labor, Work and Payments SECTION 7: Contractor-Separate Contractors-Subcontractors Relations

Art. 19 Labor Art. 23 Separate Contracts with Other Contractors
- This article outlines the contractor's responsibility to employ skilled labor - This article outlines the roles and responsibilities of the Owner and the
and provide them with safe working conditions, as well as the owner's Contractor in managing additional work or separate contracts within the
responsibility to ensure timely payment for labor. framework of a construction project.
- CHARACTER OF WORKMEN 1. Owner's contracting authority
Art. 20 Work 2. Contractor's cost claims
- This article outlines the contractor's responsibility to employ skilled labor 3. Coordination Requirement
and provide them with safe working conditions, as well as the owner's Art. 24 CONTRACTOR-SEPARATE CONTRACTORS RELATIONS
responsibility to ensure timely payment for labor. - This article outlines various responsibilities and protocols related to
- METHODS AND APPLIANCES coordination and cooperation among contractors on a construction site.
Art. 21 Time of Completion of Work 1. STORAGE OF MATERIALS AND WORK COORDINATION
- This article sets forth the time frame within which the contractor must 2. CUTTING, PATCHING AND DIGGING
complete the work and the consequences of failure to do so, such as 3. DEFECTIVE WORK BY SEPARATE CONTRACTORS
liquidated damages. 4. DAMAGE CAUSED BY CONTRACTOR TO SEPARATE CONTRACTORS
1. NOTICE TO PROCEED, WHEN REQUIRED Art. 25 SUB-CONTRACTS
2. SCHEDULE OF CONSTRUCTION WORK - This article outlines the deals with the subcontracting arrangements
3. COMPLETION TIME within a construction contract and the responsibilities associated with
4. DELAY IN COMPLETION OF THE WORK subcontractors.
5. EXTENSION OF TIME 1. GENERAL
Art. 22 Payments 2. CONTRACTOR'S RESPONSIBILITY
- This article covers the owner's obligation to pay the contractor in
accordance with the terms of the contract, including provisions for SECTION 8: Suspension of Work and Termination of Contract
progress payments and final payment upon completion of the work. Art. 26 Contractor’s Rights to Suspend Work or Terminate Contract
1. BREAKDOWN OF CONTRACT AMOUNT - This article states that the contractor has the right to suspend work or
2. REQUESTS FOR PAYMENT terminate the contract if the owner fails to make payments or violates
3. ACCEPTANCE AND FINAL PAYMENT other essential terms of the agreement.
4. PAYMENT OF UNPAID LABOR, SUB-CONTRACTORS AND SUPPLIERS 1. 15 days

Notes ni Jaimelyn, Marineil, and Eka

 2. 30 days 1. SAFEGUARDS TO BE UNDERTAKEN BY CONTRACTOR
3. 90 days 2. OWNER NOT TO BE RESPONSIBLE
Art. 27 Owner’s Right to Suspend the Work 3. CONTRACTOR'S DEFAULT
- This article addresses the conditions and procedures related to the Art. 31 CONTRACTOR'S INSURANCE AND BONDS
suspension of work by the Owner in a construction contract. 1. CONTRACTOR'S LIABILITY INSURANCE
1. SUSPENSION WITHOUT CAUSE 2. ACCIDENT INSURANCE FOR WORKERS
2. JUST CAUSES FOR SUSPENSION OF WORK 3. CONTRACTOR'S FIRE INSURANCE
Art. 28 Owner’s Right to Terminate Contract 4. CONTRACTOR'S PERFORMANCE AND PAYMENT BONDS
- This article outlines the conditions and procedures for terminating the 5. ACCIDENT INSURANCE FOR WORKERS
contract between the Owner and the Contractor in a construction 6. CONTRACTOR'S GUARANTEE BOND
project. 7. CONTRACTOR'S GUARANTEE-WARRANTY
1. TERMINATION WITH CAUSE 8. MANDATORY OF BONDS
2. OTHER GROUNDS FOR TERMINATION WITH CAUSE Art. 32 OWNER'S RESPONSIBILITIES AND LIABILITIES
3. TERMINATION PROCEDURE AND CONSEQUENCES 1. ADVANCE PAYMENT
4. TERMINATION WITHOUT CAUSE 2. PROTECTION OF EMPLOYEES AND PROFESSIONALS PERFORMING SERVICES
Art. 29 OWNER'S RIGHT TO PROCEED WITH THE WORK AFTER REDUCTION IN FOR THE OWNER
CONTRACTOR'S SCOPE OF WORK; PARTIAL TAKEOVER FROM CONTRACTOR 3. OWNER'S OPTIONAL INSURANCE
- This article outlines the Owner's rights and actions in the event of 4. ADDITIONAL INFORMATION AND SERVICES REQUIRED OF THE OWNER
Contractor default or termination of the construction contract. Art. 33 LIENS, DISPUTES AND ARBITRATION
1. OWNER'S RIGHT TO CARRY OUT THE WORK 1. LIENS
2. USE OF MATERIALS AND EQUIPMENT AT SITE 2. ASSIGNMENT
3. OWNER TO COMPLETE WORK 3. SUBCONTRACTING
4. EVALUATION OF COST OF WORK 4. DISPUTES
5. OWNER'S RIGHT TO RECOVER DAMAGES 5. SETTLEMENT OF DISPUTES

SECTION 9: Responsibilities and Liabilities of Contractor and of Owner SECTION 10: Owner’s Representative
Art. 30 CONTRACTOR'S RESPONSIBILITY FOR ACCIDENTS AND DAMAGES ● Shall either be the Architect, Engineer or Construction Manager
- This article primarily focuses on the safety responsibilities of the ● Full authority to act for and on behalf of the owner
Contractor and the indemnification obligations towards the Owner in a ● Perform functions and authority only in their lines of expertise
construction contract.

Notes ni Jaimelyn, Marineil, and Eka

 ● Communications from the owner and contractor shall be made only
through the Owner’s Representative 3. PROGRESS/Final Payment
3.1. Owner's Action on Payment Request
SECTION 11: Schedule of Time Limits - To be made within 15 days after receipt of
● Contract Time request for payment
● Contract Sum 3.2. Owner’s Action on Final Payment Request
● Progress/Final Payment - To act within 15 days from receipt of the request
● Substantial Completion and its Effects for payment.
● Correction of Work 3.3. Release of Retention
● Contractor’s Right to Suspend Work or Terminate Contract - To be released not later than 60 days from
● Owner’s Right to Terminate Contract substantial completion upon posting of
● Disputes Contractor's Guarantee Bond.
● Guarantee Bond
4. Substantial completion and its effects
1. CONTRACT TIME ● Substantial Completion is attained if the Contractor completes
1.1. Contract Time Reckoning ninety-five percent (95%) of the works; or the Owner approves
- Commence on the 7th day from receipt of Notice to the Contractor’s billing for completing at least 95% of the works
Proceed (NTP) unless the Owner can establish that the unfinished portion
1.2. Request for Time Extension prevents the normal use of the completed portion
- Filed within 15 days from occurence of event which ● The Owner may issue a Certificate of Substantial Completion or
caused delay equivalent document but the date of document is not controlling
if substantial completion is shown to have been attained earlier,
2. CONTRACT SUM unless the Contractor accepts the certificate without taking any
2.1. Breakdown of Work & Corresponding Value exceptions thereto in writing within fifteen (15) days from receipt
- To be submitted within 15 days from the receipt of the certificate
of Notice to Proceed
2.2. Claim for Extra Cost 5. Correction of Work
- Notice to be given to Owner within 15 days (1) 5.1. Correction Before or After Final Payment
after receipt of instruction involving extra cost, or - Poor or inferior work, apparent upon inspection to
(2) after recognition of delay due to Owner's fault. be condemned & Contractor notified to enable

Notes ni Jaimelyn, Marineil, and Eka

 him to correct, remove & replace the same. May be done after giving 15 days written notice to Contractor or
Owner has one year from date of final payment to his Surety if Contractor should:
to condemn poor or inferior work, otherwise, (1) Disregard or violate provisions of the Contract Documents or Owner's
instructions to remove or replace such shall be instructions;
treated as change order. (2) Fail to provide skilled superintendent, workmen or suitable materials or
5.2. Making Good of Known Defects equipment;
- 30 days from receipt by the Contractor of the last (3) Fail to make prompt payment to sub-contractors, for labor or materials
item in the punch list or equipment;
(4) Disregard the authority of the Owner's Representative;
6. CONTRACTOR’s right to suspend work or terminate contract (5) Violates in any substantial way any provisions of the Contract
Contractor may suspend work or terminate Contract upon 15 Documents
days written notice to Owner and Owner, for any of the following (6) Repeatedly delays prosecution of work per agreed Construction
reasons: Schedule and/or PERT/ CPM
(1) If any court or other public authority orders work to be stopped or
suspended for 90 days through no fault of the Contractor or his 8. DISPUTES
employees; If Owner fails to render a decision within 15 days after parties
(2) If Owner fails to pay Contractor the approved request for have presented their evidence, either party may demand
payment within 15 from receipt. arbitration.
(3) If Owner fails to pay Contractor the agreed sum within 30 days
after its award by arbitrators. 9. GUARANTEE BOND
(4) If the Owner suspends the work without cause for more than 15 9.1. Contractor's Guarantee Bond - To be furnished the
days without Contractor's consent. Owner upon release of retention and shall be effective for
a period of one year commencing from the date of
7. Owner’s Right to terminate contract acceptance as a guarantee that all materials and
May be done immediately and without notice if Contractor workmanship installed are of good quality
should:
(1) Declare bankruptcy, become insolvent or assign his assets for the
benefit of his creditors or appointment of trustee/receiver for
Contractor or any of its property.

Notes ni Jaimelyn, Marineil, and Eka

LECTURE 10: CONTRACTS Section 19. Transitory Provisions

TOPIC 1: REPUBLIC ACT NO. 544 ARTICLE IV ENFORCEMENT OF ACT AND PENAL PROVISIONS
(As Amended by R.A 1582) Section 20. Enforcement of the Act
“An Act to Regulate the Practice of Civil Engineering in the Philippines” Section 21. Registration required
Be it enacted by the Senate and House of Representatives of the Philippines in Section 22. Penal provisions
Congress assembled:

ARTICLE V MISCELLANEOUS PROVISIONS

ARTICLE I: TITLE OF THE ACT AND DEFINITION OF TERMS Section 23. Preparation of plans and supervisions
Section 1: Title of Act. Section 24. Practice of civil engineering
Section 2: Definition of Terms Section 25. Reciprocity requirements
Section 26. Roster of civil engineers
ARTICLE II: BOARD OF EXAMINERS FOR CIVIL ENGINEERS Section 27. Repeal
Section 3: Composition of Board. Section 28. Construction of Act
Section 4: Power and Duties of the Board. Section 29. Effectivity
Section 5: Qualifications of Board Members.
Section 6. Fees and Compression of Board.
Section 7. Annual Report.

TOPIC 2: REPUBLIC ACT NO. 9184

ARTICLE III: EXAMINATION AND REGISTRATION “An Act Providing For The Modernization, Standardization and Regulation of the
Section 8. Examination Requirement. Procurement Activities of the Government and for Other Purposes”
Section 9. Holding of Examination.
Section 10. Subjects of Examination. ARTICLE I GENERAL PROVISIONS
Section 11. Executive Officer of the Board. SECTION 1. Short Title
Section 12. Qualifications for Examination. SECTION 2. Declaration of Policy
Section 13. Oath of Civil Engineers. SECTION 3. Governing Principles on Government Procurement
Section 14. Seal and Use of Seal. SECTION 4. Scope and Application
Section 15. Exemption from Registration SECTION 5. Definition of Terms
Section 16. Refusal to Issue Certificate SECTION 6. Standardization of Procurement Process and Forms
Section 17. Suspension and Revocation of Certificates
Section 18. Re-issue and Replacement of Certificates

Notes ni Jaimelyn, Marineil, and Eka

ARTICLE II PROCUREMENT PLANNING SECTION 23. Eligibility Requirements for the Procurement of Goods and
SECTION 7. Procurement Planning and Budgeting Linkage. Infrastructure Projects
SECTION 24. Eligibility Requirements and Short Listing for Consulting
ARTICLE III PROCUREMENT BY ELECTRONIC MEANS Services
SECTION 8. Procurement By Electronic Means SECTION 25. Submission and Receipt of Bids
SECTION 9. Security, Integrity and Confidentiality SECTION 26. Modification and Withdrawal of Bids
SECTION 27. Bid Security
ARTICLE IV COMPETITIVE BIDDING SECTION 28. Bid Validity
SECTION 10. Competitive Bidding SECTION 29. Bid Opening

ARTICLE V BIDS AND AWARDS COMMITTEE ARTICLE IX BID EVALUATION

SECTION 11. The BAC and its Composition. SECTION 30. Preliminary Examination of Bids
SECTION 12. Functions of the BAC. SECTION 31. Ceiling for Bid Prices
SECTION 13. Observers. SECTION 32. Bid for the Procurement of Goods and Infrastructure Projects
SECTION 14. BAC Secretariat SECTION 33. Bid Evaluation of Short Listed Bidders for Consulting Services
SECTION 15. Honoraria of BAC Members.
SECTION 16. Professionalization of BAC, BAC Secretariat and Technical ARTICLE X POST-QUALIFICATION
Working Group Members SECTION 34. Objective and Process of Post-qualification.
SECTION 35. Failure of Bidding
ARTICLE VI PREPARATION OF BIDDING DOCUMENTS SECTION 36. Single Calculated/Rated and Responsive Bid Submission
SECTION 17. Form and Contents of Bidding Documents
SECTION 18. Reference to Brand Names ARTICLE XI AWARD, IMPLEMENTATION AND TERMINATION OF THE CONTRACT
SECTION 19. Access to Information SECTION 37. Notice and Execution of Award.
SECTION 38. Period of Action on Procurement Activities.
ARTICLE VII INVITATION TO BID SECTION 39. Performance Security
SECTION 20. Pre-Procurement Conference SECTION 40. Failure to Enter into Contract and Post Performance Security
SECTION 21. Advertising and Contents of the Invitation to Bid SECTION 41. Reservation Clause.
SECTION 22. Pre-bid Conference SECTION 42. Contract Implementation and Termination.

ARTICLE VIII RECEIPT AND OPENING OF BIDS ARTICLE XII DOMESTIC AND FOREIGN PROCUREMENT

Notes ni Jaimelyn, Marineil, and Eka

 SECTION 43. Procurement of Domestic and Foreign Goods SECTION 60. Appeals

ARTICLE XIII BIDDING OF PROVINCIAL PROJECTS ARTICLE XIX CONTRACT PRICES AND WARRANTIES
SECTION 44. Bidding of Provincial Projects SECTION 61. Contract Prices
SECTION 45. Provincial Bidders SECTION 62. Warranty

ARTICLE XIV LEASE OF COMPUTERS, COMMUNICATIONS, INFORMATION AND ARTICLE XX THE GOVERNMENT PROCUREMENT POLICY BOARD
OTHER EQUIPMENT SECTION 63. Organization and Functions
SECTION 46. Lease Contracts SECTION 64. Membership

ARTICLE XV DISCLOSURE OF RELATIONS ARTICLE XXI PENAL CLAUSE

SECTION 47. Disclosure of Relations SECTION 65. Offenses and Penalties
SECTION 66. Jurisdiction
ARTICLE XVI ALTERNATIVE METHODS OF PROCUREMENT
SECTION 48. Alternative Methods ARTICLE XXII CIVIL LIABILITY
SECTION 49. Limited Source Bidding SECTION 67. Civil Liability in Case of Conviction
SECTION 50. Direct Contracting SECTION 68. Liquidated Damages
SECTION 51. Repeat Order
SECTION 52. Shopping. ARTICLE XXIII ADMINISTRATIVE SANCTIONS
SECTION 53. Negotiated Procurement. SECTION 69. Imposition of Administrative Penalties
SECTION 54. Terms and Conditions for the use of Alternative Methods. SECTION 70. Preventive Suspension.
SECTION 71. Lifting of Suspension and Removal of Administrative
ARTICLE XVII PROTEST MECHANISM Disabilities
SECTION 55. Protests on Decisions of the BAC
SECTION 56. Resolution of Protests ARTICLE XXIV LEGAL ASSISTANCE AND INDEMNIFICATION OF BAC MEMBERS
SECTION 57. Non-interruption of the Bidding Process SECTION 72. Private Legal Assistance.
SECTION 58. Report to Regular Courts; Certiorari SECTION 73. Indemnification of BAC Members.

ARTICLE XVIII SETTLEMENT OF DISPUTES ARTICLE XXV FINAL PROVISIONS

SECTION 59. Arbitration SECTION 74. Oversight Committee

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 SECTION 75. Implementing Rules and Regulations and Standard Forms “Uniform General Conditions of Contract for Private Construction”
SECTION 76. Repealing Clause
SECTION 77. Separability Clause. SECTION I DEFINITIONS AND DOCUMENTS
SECTION 78. Effectivity Clause. Article 1.00 Definitions
Article 2.00 Execution, Correlation, Meaning of Terms and Intent of
Documents
Article 3.00 Drawings and Specifications
TOPIC 3: PRESIDENTIAL DECREE No. 1594 Article 4.00 Detail Drawings and Instructions
“Prescribing Policies, Guidelines, Rules and Regulations for Government Article 5.00 Shop Drawings
Infrastructure Contracts”
SECTION II LAWS, REGULATIONS, SITE CONDITIONS, PERMITS & TAXES
Section 1. Policy Objectives. Article 6.00 Laws and Site Conditions
Section 2. Detailed Engineering. Article 7.00 Permits, Taxes and Surveys
Section 3. Prequalification of Prospective Contractors
Section 4. Bidding SECTION III EQUIPMENT AND MATERIALS
Section 5. Award and Contract Article 8.00 General
Section 6. Assignment and Subcontract Article 9.00 Equipment
Section 7. Responsibility of the Contractor. Article 10.00 Materials, Fixtures, Appliances, and Fittings Furnished by the
Section 8. Adjustment Contract Price Contractor
Section 9. Change Order and Extra Work Order. Article 11.00 Materials, Equipment, Fixtures, Appliances & Fittings Furnished
Section 10. Inspection and Construction of Contract Work by the Owner
Section 11. Government's Right to Take Over Contract Work. Article 12.00 Royalties and Patents
Section 12. Implementing Rules and Regulations. Article 13.00 Manufacturer’s Directions
Section 13. Separability Clause.
Section 14. Repealing Clause. SECTION IV PREMISES AND TEMPORARY STRUCTURES
Section 15. Effectivity. Article 14.00 Use of Premises
Article 15.00 Temporary Structures and Facilities

SECTION V PROTECTION OF WORK AND PROPERTY

TOPIC 4: CIAP DOCUMENT 102 Article 16.00 Protection of Work and Owner’s Property

Notes ni Jaimelyn, Marineil, and Eka

 Article 17.00 Protection of Adjacent Property and Existing Utilities SECTION X OWNER’S REPRESENTATIVE
Article 18.00 Protection of Life, Work, and Property During an Emergency Article 34.00 Owner’s Representative

SECTION VI LABOR, WORK, AND PAYMENTS SECTION XI SCHEDULE OF TIME LIMIT

Article 19.00 Labor
Article 20.00 Work
Article 21.00 Time of Completion of Work
Article 22.00 Payments TOPIC 5: CONTRACTS
A contract is a meeting of minds between two persons whereby one binds
SECTION VII CONTRACTOR-SEPARATE CONTRACTOR SUBCONTRACTORS himself, with respect to the other, to give something or to render some service.
RELATIONSHIP “A contract is juridical convention manifested in legal form, by virtue of which
Article 23.00 Separate Contracts with other Contractors one or more persons bind themselves in favor of another or others, or
Article 24.00 Contractor-Separate Contractors Relations reciprocally to the fulfillment of a prestation to give, to do or not to do”.
Article 25.00 Sub-Contracts - Sanchez Roman (Civil Law Authority)
ELEMENTS OF CONTRACTS
SECTION VIII SUSPENSION OF WORK AND TERMINATION OF CONTRACT 1. Essential Elements – are those without which no contract can validly
Article 26.00 Contractor’s Right to Suspend Work or exist.
Terminate Contract a. consent of the contracting parties
Article 27.00 Owner’s Right to Suspend the Work b. object certain which is the subject matter of the contract.
Article 28.00 Owner’s Right to Terminate Contract c. cause or consideration of the obligation which is established.
Article 29.00 Owner’s Right to Proceed with the Work After Reduction in 2. Natural Elements - are those that are presumed to exist in certain
Contractor’s Scope of Work; Partial Takeover From Contractor contracts unless the contrary is expressly stipulated by the parties, like
warranty against hidden, defects in a contract like interest and penalties
SECTION IX RESPONSIBILITIES AND LIABILITIES OF CONTRACTOR AND OF OWNER 3. Accidental Elements - are the particular clauses, terms, or condition
Article 30.00 Contractor’s Responsibility for Accidents and Damages established by the parties contract like interest and penalties
Article 31.00 Contractor’s Insurance and Bonds
STAGES OF CONTRACT
Article 32.00 Owner’s Responsibilities and Liabilities Article 33.00 Liens,
Disputes, and Arbitration
Article 33.00 Liens, Disputes, and Arbitration

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 Characteristics of Contract Writing
In contract writing the following characteristics should serve as essential
guidelines to any person engaged as a contract writer.
1. It must be worded in plain language.
2. It must be concise.
3. It must include the legal requirements.
Contract embraces two main division, to wit:
CLASSIFICATION OF CONTRACTS a. the proper agreement; and
A. According to their Designation b. the general condition
● Nominate The first category includes the following clauses;
● Innominate 1. The prologue or opening clause.
B. According to their Perfection 2. The contracting parties.
● Consensual 3. The subject- matter.
● Real 4. The term of the contract
C. According to their Form 5. The contract price.
● Common or Informal 6. The attestation clause
● Special or Formal The second category (general condition) embraces the following component
D. According to the Nature of the Obligation they Produce parts;
● Unilateral 1. Scope of contract
● Bilateral 2. Terms of the contract
E. According to their Cause or Consideration 3. Plans and specifications
● Onerous 4. Workmanship
● Gratuitous 5. Materials
F. According to Risk Involved 6. Conduct of Works
● Commutative 7. Contractual changes
● Aleatory 8. Payments
G. According to Relations with Other Contracts 9. Extra-work
● Principal 10. Contractor’s risk and obligation
● Accessory 11. Contract security
12. Contractor’s liability for injuries
CONTRACTS WRITING

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 13. Disputes and arbitrations SECTION 208. Fees
14. Definition of terms SECTION 209. Exemption
15. Right of way SECTION 210. Use of Income from Fees
16. Inspection of the work SECTION 211. Implementing Rules and Regulations
17. Engineer’s Authority SECTION 212. Administrative Fines
SECTION 213. Penal Provisions
SECTION 214. Dangerous and Ruinous Buildings or Structures
SECTION 215. Abatement of Dangerous Buildings
TOPIC 6. PRESIDENTIAL DECREE NO. 1096: NATIONAL BUILDING CODE OF THE SECTION 216. Other Remedies
PHILIPPINES
“Adopting a National Building Code of the Philippines Thereby Revising Republic CHAPTER 3 PERMITS AND INSPECTION
Act Numbered Sixty-Five Hundred Forty-One” SECTION 301. Building Permits
SECTION 302. Application for Permits
CHAPTER I: GENERAL PROVISION SECTION 303. Processing of Building Permits
SECTION 101. Title SECTION 304. Issuance of Building Permits
SECTION 102. Declaration of Policy SECTION 305. Validity of Building Permits
SECTION 103. Scope and Application SECTION 306. Non-Issuance, Suspension or Revocation of Building Permits
SECTION 104. General Building Requirements SECTION 307. Appeal
SECTION 105. Site Requirements SECTION 308. Inspection and Supervision of Work
SECTION 106. Definitions SECTION 309. Certificate of Occupancy
CHAPTER 4 TYPES OF CONSTRUCTION
CHAPTER II: ADMINISTRATION AND ENFORCEMENT SECTION 401. Types of Construction
SECTION 201. Responsibility for Administration and Enforcement a. Type I – shall be of wood construction.
SECTION 202. Technical Staff b. Type II –shall be of wood construction with protective
SECTION 203. General Powers and Functions of the Secretary under this fire-resistant materials
Code c. Type III – shall be of masonry and wood construction.
SECTION 204. Professional and Technical Assistance d. Type IV – shall be of steel, iron, concrete, or masonry
SECTION 205. Building Officials construction.
SECTION 206. Qualifications of Building Officials e. Type V – shall be fire-resistive
SECTION 207. Duties of a Building Official SECTION 402. Changes in Types

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 SECTION 403. Requirements on Type of Construction SECTION 801. General Requirements of Light and Ventilation
SECTION 802. Measurement of Site Occupancy
CHAPTER 5 REQUIREMENTS FOR FIRE ZONES SECTION 803. Percentage of Site Occupancy
SECTION 501. Fire Zones SECTION 804. Size and Dimensions of Courts
SECTION 502. Buildings located in more than One Fire Zone SECTION 805. Ceiling Heights
SECTION 503. Moved Building SECTION 806. Size and Dimension of Rooms
SECTION 504. Temporary Buildings SECTION 807. Air Space Requirements in Determining the Size of Rooms
SECTION 505. Center Lines of Streets SECTION 808. Window Openings
SECTION 506. Restrictions on Existing Buildings SECTION 809. Vent Shafts
SECTION 507. Designation of Fire Zones SECTION 810. Ventilation Skylights
SECTION 811. Artificial Ventilation
CHAPTER 6 FIRE-RESISTIVE REQUIREMENTS IN CONSTRUCTION
SECTION 601. Fire-Resistive CHAPTER 9 SANITATION
SECTION 602. Fire-Resistive Time Period Rating SECTION 901. General Requirements
SECTION 603. Fire-Resistive Standards SECTION 902. Water Supply System
SECTION 604. Fire-Resistive Regulations SECTION 903. Wastewater Disposal
SECTION 904. Storm Drainage System
CHAPTER 7 CLASSIFICATION AND GENERAL REQUIREMENT OF ALL BUILDINGS BY USE SECTION 905. Pest and Vermin Control
OR OCCUPANCY SECTION 906. Noise Pollution Control
SECTION 701. Occupancy Classified SECTION 907. Pipe Materials
SECTION 702. Change in Use
SECTION 703. Mixed Occupancy CHAPTER 10 BUILDING PROJECTION OVER PUBLIC STREETS
SECTION 704. Location on Property SECTION 1001. General Requirements
SECTION 705. Allowable Floor Areas SECTION 1002. Projection into Alleys or Streets
SECTION 706. Allowable Floor Area SECTION 1003. Projection of Balconies and Appendages Over Streets
SECTION 707. Maximum Height of Building SECTION 1004. Arcades
SECTION 708. Minimum Requirements for Group A Dwellings SECTION 1005. Canopies (Marquees)
SECTION 709. Requirements for Other Group Occupancies SECTION 1006. Movable Awnings or Hoods
SECTION 1007. Doors, Windows, and the like
CHAPTER 8 LIGHT AND VENTILATION SECTION 1008. Corner Buildings with Chaflans

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 SECTION 1301. Electrical Regulations
CHAPTER 11 PROTECTION OF PEDESTRIANS DURING CONSTRUCTION OR SECTION 1302. Mechanical Regulations
DEMOLITION
SECTION 1101. General Requirements CHAPTER 14: PHOTOGRAPHIC AND X-RAY FILMS
SECTION 1102. Storage in Public Property SECTION 1401. Storage and Handling
SECTION 1103. Mixing Mortar on Public Property SECTION 1402. Classes of Film Exempted
SECTION 1104. Protection of Utilities SECTION 1403. Fire Extinguishing System
SECTION 1105. Walkway
SECTION 1106. Pedestrian Protection SECTION 15: PRE-FABRICATED CONSTRUCTION
SECTION 1107. Maintenance and Removal of Protective Devices SECTION 1501. Prefabricated Assembly
SECTION 1108. Demolition
SECTION 16: PLASTICS
CHAPTER 12 GENERAL DESIGN AND CONSTRUCTION REQUIREMENTS SECTION 1601. Approved Plastics
SECTION 1201. General Requirements SECTION 1602. Installation
SECTION 1202. Excavation, Foundation, and Retaining Walls SECTION 1603. Glazing of Openings
SECTION 1203. Veneer SECTION 1604. Skylights
SECTION 1204. Enclosure of Vertical Openings SECTION 1605. Light-Transmitting Panels in Monitors and Sawtooth Roofs
SECTION 1205. Floor Construction SECTION 1606. Plastic Light Diffusers in Ceilings
SECTION 1206. Roof Construction and Covering SECTION 1607. Partitions
SECTION 1207. Stairs, Exits, and Occupant Loads SECTION 1608. Exterior Veneer
SECTION 1208. Skylights SECTION 1609. Awnings and Canopies
SECTION 1209. Bays, Porches, and Balconies
SECTION 1210. Penthouses and Roof Structures CHAPTER 17: SHEET METAL PAINT SPRAY BOOTHS
SECTION 1211. Chimneys, Fireplaces, and Barbecues SECTION 1701. Sheet Metal Paint Spray Booths
SECTION 1212. Fire-Extinguishing Systems SECTION 1702. Fire Protection
SECTION 1213. Stages and Platform SECTION 1703. Light
SECTION 1214. Motion Picture Projection Rooms SECTION 1704. Ventilation
SECTION 1215. Lathing, Plastering, and Installation of Wall Boards
CHAPTER 18: GLASS AND GLAZING
CHAPTER 13: ELECTRICAL AND MECHANICAL REGULATIONS SECTION 1801. General Requirements

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 SECTION 1802. Area Limitation On February 23, 1921, Public Act No. 2985 was enacted empowering
SECTION 1803. Glazing the Secretary of Commerce and Communication to appoint members of
SECTION 1804. Louvered Windows the boards of the architecture and engineering professions. The Act, which
SECTION 1805. Impact contained very general provisions on the regulation of engineering and
architecture, was later amended by Acts No. 3159 and 3182. On June 17,
CHAPTER 19: THE USE OF COMPUTERS 1950, Republic Act No. 544 was enacted separating the regulation of the civil
SECTION 1901. General Rule engineering profession from the coverage of Public Act No. 2985 and creating the
SECTION 1902. Program Documentation Board of Civil Engineering. On June 16, 1956, the law was further amended
SECTION 1903. Submission of ComputerGenerated Computations by Republic Act No. 1582.
The Board held its first fully computerized examinations on May 29, 1993
CHAPTER 20: SIGNS and released the results on November 9, 1993. On February 28, 1995, the Syllabi for
SECTION 2001. General Requirements the Subjects in the Civil Engineering licensure examinations was promulgated.
SECTION 2002. Maintenance
SECTION 2003. Design and Construction What is the Civil Engineering Board Exam in the Philippines?
SECTION 2004. Supports and Anchorages The 2022 Civil Engineering Board Exam-Philippines, also called Philippine
SECTION 2005. Projections and Clearances Civil Engineering Licensure Examination, is the professional licensure examination
SECTION 2006. Lighting for incoming civil engineers in the Philippines. The Professional Regulation
Commission (PRC) through the Republic Act No. 544 (As Amended by R.A. 1582) is
CHAPTER 21: TRANSITORY AND FINAL PROVISIONS mandated to require all would-be civil engineers to pass a technical examination
SECTION 2101. Existing Building and Structures to obtain the certificate of registration. This exam is exclusively administered
SECTION 2102. Interim Rules and Regulations twice a year nationwide usually in the months of May and November by the
SECTION 2103. Separability Clause Professional Regulation Commission. However, those who are willing to take the
SECTION 2104. Repealing Clause test abroad can avail themselves through Special Professional Licensure
SECTION 2105. Effectivity Examinations (SPLE) for Overseas Filipino Workers (OFW).

Qualifications for Civil Engineering Board Exam

TOPIC 7: CE LICENSURE EXAMINATION In order to qualify to take the board exam, Republic Act No. 544 affirms the
following qualifications such as:
CIVIL ENGINEERING LICENSURE EXAMINATION ● At least twenty- one (21) years of age
● Graduate of Bachelor of Science in Civil Engineering from known school

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 ● A Filipino citizen
● Has a good moral character Subjects of Examinations
● Mathematics and Surveying – 35 %
The Following Requirements are needed in order to apply for the Civil ● Hydraulics – 30 %
Engineering Licensure Exam: ● Design and Construction – 35 %
● Birth Certificate issued by the Philippine Statistics Authority (PSA)
● Transcript of Records with scanned picture and remarks “For Board
Examination Purposes”
● 4 pieces passport-size colored pictures with name printed
● Metered Documentary Stamps
● Community Tax Certificate/Cedula
● Valid NBI Clearance (First Timers & Repeaters)
● Two (2) Certificates of Good Moral Character from any 2 of the following:
Barangay, Church, School, Employer
● Payment fee of Php 900.00

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Notes ni Jaimelyn, Marineil, and Eka
SUBJECT EXAMINATIONS AS OF MAY 2022
A. Applied Mathematics, Surveying, Principles Of Transportation And
Highway Engineering, Construction Management And Methods - 35%

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 B. Hydraulics And Principles Of Geotechnical Engineering - 30% ● The number of questions for each subject shall not be less than 20 at 4
points each.
● The maximum number of questions shall not be more than 100 at 1 point
each.
● The examination shall be closed books and notes.
● Examinees shall be given 10 computation and scratch sheets which must
be submitted with the answer sheets.
● Electronic and scientific calculators are allowed. However,
programmable calculators and pocket personal computers are not
allowed and will be confiscated if brought to the examination room.

C. Principles Of Structural Analysis And Design - 35%

What is the passing grade for the Civil Engineering Board Exam – Philippines?
- A general average of 70% with no grades lower than 50% in any given
subject must be obtained by the candidate to pass the exam.

When is the release of the Civil Engineering Board Exam – Philippines result?
- More or less within three working days, the official list of passers and
top-performing schools is released by PRC. You can check it from the PRC
official website or go directly to the online verification portal.

“Your hardest times often lead to the greatest moments of your life. Keep going.
How is the Examination Conducted? Tough situations build strong people in the end.”
Here is the overview of how the test is being conducted as per Resolution No. 02 - Roy Bennet
Series of 1995 of Board of Civil Engineering:
● The examination shall be totally computerized unless otherwise officially
announced.
● The Board shall provide a minimum of 500 questions for each subject
from which the computer of the Commission will select at random on the
day or a few days prior to the examination of the questions to be given.

Notes ni Jaimelyn, Marineil, and Eka