LAW

is a system of rules that are enforced through social institutions to govern behavior. Laws can be
made by a collective legislature or by a single legislator, resulting in statutes, by the executive
through decrees and regulations, or by judges through binding precedent, normally in common
law jurisdictions. Private individuals can create legally binding contracts, including arbitration
agreements that may elect to accept alternative arbitration to the normal court process. The formation of
laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The
law shapes politics, economics, history and society in various ways and serves as a mediator of relations
between people.

ORIGIN AND SOURCES OF PHILIPPINE LAWS

The constitution is the most important part in organizing a state. It contains not only the national
territory, but more importantly, it states the set of rules and principles which serve as the fundamental law
of the land.
Among the guidelines which are set by the constitution are the matters of: form and duties of the
government; the distribution of powers of the branches of the government; and the basic rights of the
citizens of the state.
The Philippine Constitution has been rewritten seven times starting from the Biak-na-Bato Constitution to
the 1987 Constitution. The political evolution and every significant event in the Philippine history
resulted a change in the constitution.
The first Philippine constitution is the Biyak-na-Bato Constitution that was enacted in
1897. It outlined the revolutionary objectives of independence from Spain.
Two years later, the president decreed the creation of the Malolos Constitution. A new central government
was set up with executive, legislative and judiciary branches. It governed the First Philippine Republic
proclaimed in the Barasoain Church in the same year.

Due to the turbulent times of the early governments, the first two constitution were not fully enforced.
What is considered the first Philippine Constitution to be fully enforced was drafted by the virtue of the
Tydings-McDuffie Law in 1934 during the Commonwealth Period. It was enforced from 1935 - 1943.
During World War II, a short lived constitution (The 1943 Constitution) was sponsored by the Japanese
invaders within their own program of Japanization.
When the political independence was granted by the United States in 1946, the constitution was revised
and was enforced from 1946 to 1973.
Eventually considered inadequate against the changing needs of Filipinos, the 1935 Constitution was
replaced with a new one ratified in 1973. The 1973 Constitution was approved for ratification two months
after the imposition of the martial law on November 29, 1972.
When Ferdinand E. Marcos was ousted in 1986, the new government led by Corazon C. Aquino
promulgated what is now know as the Freedom Constitution. This 1987 Constitution restored the
presidential form of government.
To date, the 1987 Constitution still stands, although some sectors have started to lobby for change in
certain provisions as well as the change of the whole constitution.

Republic Act No. 544

(As Amended by R.A. 1582)
An Act to Regulate the Practice of Civil Engineering in the Philippines
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Article I
TITLE OF THE ACT AND DEFINITION OF TERMS
Section 1. Title of Act. This Act shall be known as the Civil Engineering Law.
Section 2. Definition of Terms.
(a) The practice of civil engineering within the meaning and intent of this Act shall embrace services in
the form of consultation, design, preparation of plans, specifications, estimates, erection, installation and
supervision of the construction of streets, bridges, highways, railroads, airports and hangars, port works,
canals, river and shore improvements, lighthouses, and dry docks; buildings, fixed structures for
irrigation, flood protection, drainage, water supply and sewerage works; demolition of permanent
structures; and tunnels. The enumeration of any work in this section shall not be construed as excluding
any other work requiring civil engineering knowledge and application.
(b) The term civil engineer as used in this act shall mean a person duly registered with the Board for
Civil Engineers in the manner as hereinafter provided.

Article II
BOARD OF EXAMINERS FOR CIVIL ENGINEERS
Section 3. Composition of Board. Within thirty days after the approval of this Act there shall be created a
Board of Examiners for Civil Engineers, hereinafter referred to as the Board, to be composed of a
chairman and two members who shall be appointed by the President of the Philippines, upon
recommendation of the Commissioner of PRC. The members of the Board shall hold office for a term of

three years after appointment or until their successors shall have been appointed and shall have qualified.
The first members of the Board appointed under this Act shall hold office for the following terms: One
member for one year; one member for two years; and one member for three years. Each member of the
Board shall qualify by taking the proper oath of office before entering upon the performance of his duties.
Any member of the Board may be removed by the President of the Philippines, upon recommendation by
the Professional Regulation Commission for neglect of duty, incompetency, malpractice, unprofessional,
unethical, immoral, or dishonorable conduct, after having been given opportunity to defend himself in a
proper administrative investigation: Provided, That during the process of investigation, the President of
the Philippines, upon the recommendation of the PRC, shall have the power to suspend such member
under investigation and shall appoint a temporary member in his place. Vacancies in the Board shall be
filled for the un expired term only.
Section 4. Powers and Duties of the Board. The Board for Civil Engineers is vested with authority,
conformable with the provisions of this Act, to administer oaths, issue, suspend and revoke certificates of
registration for the practice of civil engineering, issue certificates of recognition to civil engineers already
registered under this Act for advanced studies, research, and/or highly specialized training in any branch
of civil engineering subject to the approval of the PRC, to investigate such violations of this Act and the
regulations, there under as may come to the knowledge of the Board and, for this purpose, issue subpoena
and subpoena duces tecum to secure appearance of witnesses in connection with the charges presented to
the Board, to inspect at least once a year educational institutions offering courses in civil engineering,
civil engineering works, projects or corporations, established in the Philippines and, for safeguarding of
life, health and property, to discharge such other powers and duties as may affect ethical and
technological standards of the civil engineering profession in the Philippines. For the purpose of this Act,
the Director of Public Works and/or his authorized representative in the provinces and chartered cities
shall be ex-officio agents of the Board and as such it shall be their duty to help in the enforcement of the
provisions of this Act. The Board may, with the approval of the Professional Regulation Commission
issue such rules and regulations as may be deemed necessary to carry out the provisions of this Act. The
board shall also adopt a code of ethics in the practice of civil engineering and have an official seal to
authenticate its official documents.
Section 5. Qualifications of Board Members. Each member of the Board shall, at the time of his
appointment:
a.

Be a citizen and resident of the Philippines;

b.

Be at least thirty years of age and of good moral character;

c.

Be a graduate of civil engineering from a recognized and legally constituted school, institute,

college or university.
d.

Be a registered civil engineer duly qualified to practice civil engineering in the Philippines;

e.

Have practiced civil engineering, with a certificate as such, for a period of not less than ten years

prior to his appointment.

f.

Not be a member of the faculty of any school, institute, college, or university where civil

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

g.

No former members of the faculty of any school, institute or university where civil engineering is

taught can become a member of the Board unless he had stopped teaching for at least three consecutive
years.
Section 6. Fees and Compensation of Board. The Board for Civil Engineers shall charge for each
application for examination the sum of P100 (one hundred) payable to the collecting and disbursing
officer of the PRC upon filing of said application, and for each certificate of registration, fifty pesos. Each
member of the Board shall receive a compensation of fifteen pesos for each applicant examined. A civil
engineer in the service of the Government of the Republic of the Philippines appointed as member of the
Board shall receive the compensation as herein provided, in addition to his salary in the Government. All
authorized expenses of the Board, including the compensation provided for herein, shall be paid by the
collecting and disbursing officer of the PRC out of such appropriation as may be made for the purpose.
(See RA 6511 & PD 223)
Section 7. Annual Report. The Board shall, at the end of each fiscal year, submit to the PRC a detailed
report of its activities and proceedings during the period covered by the fiscal year ended.
Article III
EXAMINATION AND REGISTRATION
Section 8. Examination Requirement. All applicants for registration for the practice of civil engineering
shall berequired to pass a technical examination as hereinafter provided.

Section 9. Holding of Examination. Examination of candidates desiring to practice civil engineering in

the Philippines shall be given in the City of Manila of each year, provided that such days do not fall on
official holidays, otherwise the examinations shall be held on the days next following.
Section 10. Subjects of Examination. Applicants for certificate of registration as civil engineer shall be
examined, in the discretion of the Board, on the following subjects: mathematics, including algebra, plane
and spherical trigonometry, analytics, descriptive and solid geometry, differential and integral calculus,
and rational and applied mechanics; hydraulics; surveying, including highway and railroad surveying;
plane, topographic and hydrographic surveying, and advance surveying; design and construction of
highways and railroads, masonry structures, wooden and reinforced concrete buildings, bridges, towers,
walls, foundations, piers, ports, wharves, aqueducts, sanitary engineering works, water supply systems,
dikes, dams and irrigation and drainage canals.
Section 11. Executive Officer of the Board. The Commissioner of Professional Regulation Commission
shall be the executive officer of the Board and shall conduct the examinations given by the said Board. He
shall designate any subordinate officer of the Professional Regulation Commission to act as the Secretary
and custodian of all records including examination papers and minutes of the deliberation of the Board.
Section 12. Qualifications for Examination. Any person applying for admission to the civil engineering
examination as herein provided shall, prior to the date of the examination, establish to the satisfaction of
the Board that he has the following qualifications:
a.

Be at least twenty-one years of age;

b.

Be a citizen of the Philippines;

c.

Be of good reputation and moral character; and

d.

Be a graduate of a four-year course in civil engineering from a school, institute, college or

university recognized by the Government or the State wherein it is established.

Section 13. Oath of Civil Engineers. All successful candidates in the examination shall be required to
take a professional oath before the Board of Civil Engineers or other Government Officials authorized to
administer oaths, prior to entering upon the practice of the civil engineering profession.
Section 14. Seal and Use of Seal. All registered civil engineers shall obtain a seal of such design as the
Board shall authorize and direct: Provided, however, That the serial number of the certificate issued by

the Board shall be included in the design of the seal. Plans and specifications prepared by, or under the
direct supervision of a registered civil engineer shall be stamped with said seal during the life of the
registrants certificate, and it shall be unlawful for anyone to stamp or seal any documents with said seal
after the certificate of registrant named thereon has expired or has been revoked, unless said certificate
shall have been renewed or re-issued.
Section 15. Exemption from Registration.
1. Registration shall not be required of the following persons:
a.

Officers or enlisted men of the United States and Philippine Armed Forces, and civilian

employees of the Government of the United States stationed in the Philippines while rendering civil
engineering services for the United States and/or Philippines.
b.

Civil engineers or experts called in by the Philippine Government for consultation, or specific

design and construction of fixed structures as defined under this Act, provided that their practice shall be
limited to such work.
2. Any person residing in the Philippines may make plans on specifications for any of the
following:
a.

Any building in chartered cities or in towns with building ordinances, not exceeding the space

requirement specified therein, requiring the services of a civil engineer.

b.

Any wooden building enlargement or alteration which is to be used for farm purposes only and

costing not more than ten thousand pesos.

c.

Provided, however. That there shall be nothing in this Act that will prevent any person from

constructing his own (wooden or light material) residential house, utilizing the services of a person or
persons required for the purpose, without the use of a civil engineer, as long as he does not violate local
ordinances of the place where the building is to be constructed.
3. Nor shall anything in this Act prevent draftsmen, student clerk-or-work, superintendents, and
other employees of those lawfully engaged in the practice of civil engineering under the provisions of this
Act, from acting under the instruction, control or supervision of their employer.

4. Nor shall anything in this Act prevent any person who prior to the approval of this Act have
been lawfully engaged in the practice of maestro de obras to continue as such, provided they shall not
undertake the making of plans supervision for the following classes of work:
a.

Building of concrete whether reinforced or not.

b.

Building of more than two stories.

c.

Building with frames of structural steel.

d.

Building of structures intended for public gathering or assemblies such as theaters,

cinematographs, stadia, churches, or structures of like nature.

5. Nor shall anything in this Act prevent professional architects and engineers to practice their
professions.
Section 16. Refusal to Issue Certificate. The Board for Civil Engineers shall not issue a certificate to any
person convicted by a court of competent jurisdiction of any criminal offense involving moral turpitude,
or to any person guilty of immoral or dishonorable conduct, or to any person guilty of immoral or
dishonorable conduct, or to any person of unsound mind. In the event of a refusal to issue a certificate to
any person, the Board shall give to the applicant a written statement setting forth its reason for such
action, which statement shall be incorporated in the records of the Board.
Section 17. Suspension and Revocation of Certificates. The Board shall have the power, after due notice
and hearings to suspend or revoke the certificate of registration for any cause mentioned in the preceding
section.
Section 18. Re-issue and Replacement of Certificates. The Board may, after the expiration of one year
from the date of certificate of registration is revoked and for reasons it may deem sufficient, entertain an
application for a new certificate of registration from the registrant concerned. Such application shall be
accomplished in the same form prescribed for examination, but the Board may, in its discretion, exempt
the applicant from taking the requisite examination.
Section 19. Transitory Provisions. As soon as this Act takes effect, any person desiring to practice the
profession of civil engineering shall be required to obtain a certificate of registration in the manner and
under the conditions hereinafter provided. All civil engineers duly licensed under the provisions of Act
Numbered Twenty-nine hundred and eighty-five, as amended, at the time this Act takes effect, shall be

automatically registered under the provisions hereof. Certificates of registration held by such persons in
good standing shall have the same force and effect as though the same have been issued under the
provisions of this Act. All graduates in civil engineering from a school, institute, college, or university
recognized by the Government who have passed the civil service examination for senior civil engineer
and have been practicing or employed in the Government as such during five years are exempted from
taking examination.

Article IV
ENFORCEMENT OF ACT AND PENAL PROVISIONS
Section 20. Enforcement of the Act by officers of the law. It shall be the duty of all duly constituted law
officers of the national, provincial, city and municipal governments, or any political subdivisions thereof,
to enforce the provisions of this Act and to prosecute any person violating the same.
Section 21. Registration required. Unless exempt from registration, no person shall practice or offer to
practice civil engineering in the Philippines without having obtained the proper certificate of registration
from the Board for Civil Engineers.*
Section 22. Penal provisions. Any person who shall practice or offer to practice civil engineering in the
Philippines without being registered in accordance with the provisions of this Act or any person
presenting or attempting to use as his own the certificate of registration of a registered civil engineer, or
any person who shall give any false or forged evidence of any kind to the Board, or any person who shall
impersonate any registrant civil engineer of different name or any person who shall attempt to use a
revoked or suspended certificate of registration, or any person who shall use in connection with his name
or otherwise assume, use or advertise any title or description tending to convey the impression that he is a
civil engineer, without holding a valid certificate of registration, or any person who shall violate any of
the provision of this Act, shall be guilty of a misdemeanor and shall, upon conviction, be sentenced to a
fine of not less than five hundred pesos nor more than two thousand pesos, or to suffer imprisonment for a
period of not less than six months not more than one year, or both, in the discretion of the court.

Article V
MISCELLANEOUS PROVISIONS
Section 23. Preparation of plans and supervisions of construction by registered civil engineer. It shall be
unlawful for any person to order or otherwise cause the construction, reconstruction, or alteration of any
building or structure intended for public gathering or assembly such as theaters, cinematographs, stadia,
churches or structures of like nature, and any other engineering structures mentioned in section two of this
Act unless the designs, plans, and specifications of same have been prepared under the responsible charge
of, and signed and sealed by a registered civil engineer, and unless the construction, reconstruction and/or
alteration thereof are executed under the responsible charge and direct supervision of a civil engineer.
Plans and designs of structures must be approved as provided by law or ordinance of a city or province or
municipality where the said structure is to be constructed.
Section 24. The practice of civil engineering is a professional service, admission to which must be
determined upon individual, personal qualifications. Hence, no firm, partnership, corporation or
association may be registered or licensed as such for the practice of civil engineering: Provided, however,
That persons properly registered and licensed as civil engineers may, among themselves or with a person
or persons properly registered and licensed as architects, form, and obtain registration of, a firm,
partnership or association using the term Engineers or Engineers and Architects, but, nobody shall be
a member or partner of such firm, partnership or association unless he is duly licensed civil engineer or
architect, and the members who are civil engineers shall only render work and services proper for a civil
engineer, as defined in this Act, and the members who are architects shall also only render work and
services proper for an architect, as defined in the law regulating the practice of architecture; individual
members of such firms, partnership or association shall be responsible for their own respective acts.
Section 25. Reciprocity requirements. No person who is not a citizen of the Philippines at the time he
applies to take the examination shall be allowed to take it unless he can prove in the manner provided by
the Rules of Court that, by specific provision of law, the country of which he is a citizen, subject, or
national either admits citizens of the Philippines to the practice of the same profession without restriction
or allows them to practice it after an examination on terms of strict and absolute equality with citizens,
subjects, or nationals of the country concerned, including the unconditional recognition of degrees issued
by institutions of learning duly recognized for the purpose by the Government of the Philippines:
Provided, That if he is not a citizen of the Philippines, and was admitted to the practice of a profession in
the Philippines after December 8, 1941, his active practice in that profession, either in the Philippines or

in the state or country where he was practicing his profession, shall not have been interrupted for a period
of two years or more prior to July 4, 1946, and that the country or state from which he comes allows the
citizens of the Philippines by specific provision of law, to practice the same profession without restriction
or on terms of strict and absolute equality with citizens, subjects or nationals of the country or state
concerned.
Section 26. Roster of civil engineers. A roster showing the names and places of business of all registered
civil engineers shall be prepared by the Commissioner of PRC periodically but at least once a year.
Copies of this roster shall be placed on file with the PRC and furnished to all department heads, mayors
of all chartered cities, to the Director of Public Works, to such other Bureaus, government entities or
agencies and municipal and provincial authorities as may be deemed necessary and to the public upon
request.
Section 27. Repeal. All laws, parts of laws, orders, ordinances, or regulations in conflict with the
provisions hereof; including parts of Act Numbered Twenty-nine hundred and eighty-five, as amended, as
pertains to the practice of civil engineering, are hereby repealed, except the provisions of Act Numbered
Thirty-one hundred and fifty nine amending Act Numbered Twenty-nine hundred and eighty-five,
pertaining to the practice of maestro de obras.
Section 28. Construction of Act. If any part or section of this Act shall be declared unconstitutional, such
declarations shall not invalidate the other provisions hereof.
Section 29. Effectivity. This Act shall take effect upon its approval.
Approved, June 17, 1950 (As amended by R.A. No. 1582, approved on June 16, 1956).

JUSTICE AND EQUITY

Though both terms have gone through several changes in meaning, they once referred to different aspects
of one continuum.
To give a contextual example, we can look back to King Solomon's exhortation to his son about
"justice, judgment, and equity".
In that model, the three terms are separate but inter-related:
Justice was about 'rightness' or 'straightness'. To do justly was simply to act in straight conformity
with an enlightened sense of moral righteousness. In that sense, it preceded law. If everyone acted justly,
codified laws were unnecessary.
Judgment was about deciding between competing claims when justice was less than obvious.
Our modern conception of a 'court' grew out of the ancient Levantine practice of a local judge (or elders)
listening to villager petitions. They often worked on a primitive system of statutory law (written rules)
and case law (precedents).
Equity concerned the process of appealing to higher principles of fairness when initial measures
fell short of ensuring perfect justice. One could appeal to the king to "make good" on a case where the
basic application of law had created some measure of injustice. This was especially important in the
ancient world, where the decisions made at this level essentially set the tone and culture for the local
society at large. Solomon's personal reputation for enlightenment in this sphere won him great renown in
his day.
With this in mind, Solomon was basically encouraging his son to do the following:

Learn justice. Tune his heart to basic principles of right and wrong, fair and unfair. Establish a
strong moral base for both his own actions and the broad implementation of law.

Ensure judgment. Establish means for his citizenry to access impartial courts where they could
file suits and grievances.

Maintain equity. Exercise his own discernment on appeal cases to ensure that the ultimate public
perception was that "all had been made right".

LAW AGENCIES IN CONSTRUCTION INDUSTRY

Presidential Decree (PD) No. 1167 (Developing and Regulating the Overseas Construction
Industry, Providing Incentives Therefore, and for Other Purposes) dated 27 June 1977, otherwise
known as the Overseas Construction Incentives Decree created the Philippine Overseas
Construction Board (POCB) and placed under the control and supervision of the Office of the
President.
The PD provided incentives for duly registered Filipino overseas contractors, i.e. (a) tax
credit; (b) deduction from gross overseas income; or at their option (c) pay one and onehalf percent (1 %) tax on their overseas gross income.

PD No. 1746 (Creating the Construction Industry Authority of the Philippines) dated 28
November 1980 created the CIAP to promote, accelerate and regulate the growth and development
of the construction industry in conformity with national goals.
The Board was then composed of the Minister of Industry as Chairman, the Chairmen of
the Philippine Contractors Accreditation Board, Philippine Overseas Construction Board,
Philippine Domestic Construction Board, and Construction Manpower Development
Foundation; the President of the Philippine Contractors Association, and a representative from the
private construction sector, as members.
Under Section 3 of said PD, the CIAP shall be attached to the then Ministry of Industry (now DTI)
for policy and program coordination. It shall exercise authority, jurisdiction and supervision over the
following agencies which shall act as its implementing arms (IAs):
a.

Philippine Contractors Accreditation Board (PCAB) to assume the functions of the

abolished Philippine Licensing Board for Contractors under RA 4566 (Contractors License
Law)

b.

Philippine Overseas Construction Board (POCB) to formulate, policies, plans,

programs and strategies for developing the Philippine overseas construction industry; regulate
and control the participation of construction contractors in overseas construction projects; and
administer the grant of incentives for Filipino overseas contractors.

c.

Philippine Domestic Construction Board (PDCB) to formulate, recommend and

implement policies, rules, regulations and guidelines and adjudicate disputes arising from
public construction projects.

d.

Construction Manpower Development Foundation (CMDF) to formulate an overall

construction manpower development plan and strategies and develop and implement manpower
training programs for the construction industry; among others.

EO No. 679 (Expanding the Composition of the Board of Directors of the Construction Industry
Authority of the Philippines) dated 21 April 1981 included the then Minister of the Public
Highways and Minister of Public Works [now the Secretary of the Department of Public Works and
Highways (DPWH)] and the Minister of Transportation and Communications [now the Secretary of
the Department of Transportation and Communication (DOTC)] as members of the Authority.

EO No. 768 (Amending Further the Composition of the Board of Directors of the Construction
Industry Authority of the Philippines) dated January 19 1982 included the then Minister of Labor
and Employment [now Secretary of Department of Labor and Employment (DOLE)] and the
President of the Philippine Contractors Association as members of the CIAP.

EO No. 1008 (Creating an Arbitration Machinery in the Construction Industry Authority of the
Philippines) dated 04 February 1985 created the Construction Industry Arbitration Commission
(CIAC) as an arbitrary machinery for the construction industry. Under Section 3 of this EO, the
CIAC was placed under the administrative supervision of the PDCB.

EO No. 133 (Reorganizing the Department of Trade and Industry, its Attached Agencies, and for
other Purposes) dated 27 February 1987 reorganized the Ministry of Trade and Industry into the
DTI.
Under Section 18 (c), the CIAP was retained as an attached agency of the DTI, provided that said
Authority shall review annually the capability and trustworthiness of the entities accredited by it.
However, under Section 18 (d) of EO No. 133, the CMDF was transferred from the CIAP to the
National Industrial Manpower Training Council (NIMTC).

EO No. 292 (Instituting the Administrative Code of 1987) dated 25 July 1987 maintains the
same provisions for the CIAP and CMDF under EO No. 133.

The DBM approved on 10 October 2013 the Rationalization Plan of the CIAP and CMDF which
was submitted pursuant to EO No. 336, dated 4 October 2004.

Functions

Specifically, the Authority have the following powers and objectives:

a.

Evolve an overall strategy and exercise centralized authority for the optimum
development of the construction industry;

b.

Monitor and study the operations of the construction industry both here and
abroad, to identify its needs, problems and opportunities and to recommend and/or implement
policies, legislations, programs and measures to support the development of the industry;

c.

Rationalize investments in the construction industry in accordance with national

investment priorities and development needs;

d.

Establish criteria for the classification and categorization of contractors which

accurately reflect their contracting capacity and performance capability;

e.

Enforce relevant and reasonable rules and requirements, as well as, implement
practicable and efficient procedures for prequalification of public projects;

f.

Recommend and encourage the adoption of equipment and realistic contract

conditions for construction;

g.

Seek the adoption of credit and other financing policies necessary for sustaining
the continued and orderly development of the construction industry and for supporting Filipino
contractors particularly those involved in overseas constructions;

h.

Identify and recommend other incentives necessary to support overseas

construction;

i.

Establish procedures, guidelines and criteria for fair and expeditious adjudication
and settlement of claims and disputes in contract implementation;

j.

Promote construction manpower training to supplement the manpower training

efforts of the private sector, through the centralization of programming and coordination of
activities of all government agencies;

k.

Establish a funding mechanism with the private sector to promote and develop
the construction industry;

l.

Perform such other functions necessary to achieve its objectives.

The other CIAP IAs functions are as follows:

PCAB (RA No. 4566, s. 1965)

Issue, suspend and revoke licenses of contractors;

Investigate such violations on RA No. 4566 and the regulations thereunder as may come to its
knowledge and issue subpoena and subpoena duces tecum to secure appearance of witnesses in
connection with the charges presented to the Board;

Adopt a code of ethics for contractors;

Adopt reasonably necessary rules and regulations to effect the classification of contractors in a
manner consistent with established usage and procedure as found in the construction business, and

may limit the field and scope of the operations of a licensed contractor to those in which he is
classified to engage;

Classify and qualify applicants for contractors licenses by written or oral examination, or both,
and require an applicant to show at least two years of experience in the construction industry, and
knowledge of the building, safety, health and Philippine laws and the rudimentary administrative
principles of the contracting business, deemed necessary for the safety of the contracting business
and the public; and

Discharge such other powers and duties affecting the construction industry in the Philippines.

POCB (PD No. 1167, s. 1977)

Formulate strategies and programs for developing the Philippine overseas construction industry;

Regulate and control the participation of construction contractors in overseas construction

projects;

Coordinate its strategies and policies with those of the National Economic and Development
Authority (NEDA), Philippine Export Council (now Export Development Council), Philippine
Export and foreign Loan Guaranty Corporation (Philguarantee), Overseas Employment
Development Board (now Philippine Overseas Employment Administration, and all relevant
agencies of the government involved in the development and promotion of the overseas construction
industry. The strategies formulated by the Board shall be incorporated into the National Export
Strategy;

Administer the grant of incentives under PD No. 1167;

Receive, process and approve, on such terms and conditions it may deem necessary to promote
the objectives of PD No. 1167, applications of construction contractors for registration under PD No.
1167, and to impose and collect reasonable fees which shall be used exclusively to meet the
operating and administrative expenses of the Board and in promoting its objectives;

Identify, in coordination with the Department of Foreign Affairs, Overseas Employment

Development Board (now the Philippine Overseas Employment Administration), and the
Department of Trade (now the DTI), the projects, opportunities, and the countries where construction
contractors may operate;

Determine, with the assistance of the representatives of the private construction industry and the
Department of Public Works, Transportation and Communication (now the DPWH and DOTC),
from among those interested construction contractors who will be allowed to bid for overseas
projects.

Determine from among the registrants those who will avail of and are eligible for the incentives
provided under PD No. 1167 and cause the granting of the same;

Check, verify, and evaluate at regular intervals, through the facilities of appropriate existing
agencies, the performance of construction contractors engaged in overseas projects;

Check and verify periodically, with the assistance of other instrumentalities of government,
through the inspection of the books or by requiring regular reports or by some other methods
deemed most effective, on the compliance by construction contractors with the provisions of PD No.
1167 and the rules and regulations issued thereunder;

Authorize, upon the recommendation of the Department of Trade, the exportation of construction
materials and equipment, subject to existing rules on exportation;

After due notice and hearing, cancel the registration of, or suspend or cancel, or caue the
suspension or cancellation, wholly or partly, of the enjoyment of incentives, and other benefits by
any Filipino contractor, including the imposition of penalties as provided for under PD 1167, for:
i) Failure by the contractor to maintain the qualifications required;
ii) Violation of any provision of this Decree and of other laws granting incentives and benefits
to such contractors, or of the rules and regulations issues thereunder, or of any law or decree for
the protection of labor; and

iii) Unjustified abandonment, incompetent management and administration of any overseas

project awarded to such contractor

Recommend or participate, subject to the approval of appropriate authorities, in the negotiation of

bilateral or multi-lateral agreements that would facilitate the entry of contractors in overseas markets
and to protect the interest of Filipino contractors and their workers operating overseas;

Obtain, collate and evaluate information necessary for the effective discharge of its primary
purpose and the proper exercise of its powers and functions; and

Generally exercise all the powers necessary or incidental to attain the purposes of PD No. 1167,
including the promulgation of its internal rules and procedures governing meetings, organization and
staffing.

PDCB (PD No. 1746, s. 1980)

Formulate and recommend appropriate polices and guidelines for pre-qualification, bidding and
contract award for public infrastructure projects;

Monitor and evaluate information on the status of public construction projects, as well as on the
performance and contracting capacity of contractors engaged in such projects;

Formulate and recommend approximate and standardized contract terms/conditions and

guidelines for determining contract price adjustments in private construction; and

Formulate and recommend rules and procedures for the adjudication and settlement of claims and
disputes in the implementation of contracts in private construction.

CIAC (EO No. 1008, s. 1985)

Formulate and adopt an arbitration program for the construction industry;

Enunciate policies and prescribe rules and procedures for construction arbitration; and

Supervise the arbitration program, and exercise such authority related thereto as regards the
appointment, replacement or challenging of arbitrators.

CMDF (PD 1746)

Draw up overall construction manpower development plan and relevant strategies

Develop and implement manpower training programs for the construction industry

Formulate and adopt construction skills and standards and establish skills testing and certification
facilities in coordination with the National Manpower and Youth Council;

Recommend appropriate policies and measures to rationalize training and export of trained
manpower in the construction industry in coordination with the Ministry of Labor and other
pertinent government agencies;

Develop a funding mechanism in cooperation with the construction industry to enable it to carry
out its functions by collecting fees and undertaking income generating activities;

Borrow from financing institutions as may support its operations