CE LAWS Flashcards

(90 cards)

1
Q

An Act to Regulate the Practice of Civil
Engineering in the Philippines

A

Republic Act No. 544

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2
Q

This act serves as the guide for the Civil engineers as to what are the services that they are allowed to
offer to the clients or company. I

A

Republic Act No. 544

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3
Q

Date that the republic act no, 544 was approved

A

June 17, 1959

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4
Q

It consist of five articles namely

A

Article I – Title of the act and Definition of
terms
Article II – Board of examiners for civil
engineers
Article III – Examination and registration
Article IV – Enforcement of act and penal
provisions
Article V –Miscellaneous Provisions

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5
Q

An act to regulate the practice of
the professions of engineer and
architect

A

Act no. 2985

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6
Q

An act to repeal and replace
section 24 of republic act
numbered 544 entitled “An
Act to regulate the practice
of Civil Engineering in the
Philippines”

A

ActNo. 1582

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7
Q

This act shall be known as the
“Civil Engineering Law”

A

Republic Act No. 544

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8
Q

Members of the Board – shall hold
office for a term of _____ after
appointment or until their successors
shall have been appointed and shall
have qualified

A

Three Years

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9
Q

Duties of the Boards

A
  • Administer oath
  • Issue, suspend and revoke certificates of
    registration for the practice of civil
    engineering
  • Issue certificates of recognition to civil
    engineers for advanced studies,
    research, and/or highly specialized
    training in any branch of civil engineering
    subject
  • Investigate violations of this act and the
    regulations.
  • Issue subpoena and subpoena duces
    tecum to secure appearance of
    witnesses in connection with the charges
    presented to the board
  • Inspect at least once a year educational
    institution offering courses in civil
    engineering, civil engineering woks,
    projects or corporations, established in
    the Philippines
  • Adopt a code of ethics in the practice of
    civil engineering
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10
Q

Qualifications of Board Members

A

a. Be a citizen and resident of the
Philippines
b. Be at least 30 years of age and of good
moral character
c. Be a graduate of civil engineering from
recognized and legally constituted
school, institute, college or university
d. Be a registered civil engineer duly
qualified to practice engineering in the
Philippines:
e. Have practiced civil engineering, with
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
institution;
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 years.

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11
Q

Examinations shall be conducted in the
cities _____

A

Manila, Baguio, Cagayan De
Oro, Cebu, Davao, Iloilo, Legazpi,
Lucena, Tacloban, Tuguegarao and
Zamboanga provided that such days do
not fall on official holidays.

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12
Q

Who is the handler of the subject Mathematics, Surveying and Transportation Engineering

A

Dr. Pericles Dakay

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13
Q

Who is the handler of the subject Hydraulics and Geotechnical Engineering

A

Dr. Romeo Enstanero

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14
Q

Who is the handler of the subject Structural Engineering and Construction

A

Dr. Praxedes P. Bernardo

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15
Q

The duties of the Executive Officer of the Board

A

o shall conduct the examination given
by the board
o designate any subordinate officer of
the PRC to act as the secretary and
custodian of all records (examination
papers and minutes of the
deliberation of the board)

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16
Q

Who shall be the executive officer of the board

A

The commissioner of professional
regulation commission

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17
Q

Qualifications for examination

A

a. be at least 21 years of age
b. be a citizen of the Philippines
c. be a good reputation and moral
character; and
d. be a graduate of civil engineering from
school, institute, college or university
recognized by the government or the
state wherein it is established.

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18
Q

True or False
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.

A

TRUE

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19
Q

True or False
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.

A

TRUE

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20
Q

Board shall not issue a certificate.

A

o To any person convicted by a court
of competent jurisdiction of any
criminal offense involving moral
turpitude.
o To any person guilty of immoral or
dishonorable conduct
o To any person of unsound mind

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21
Q

What act amended act no. 2985

A

Act No. 3159

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22
Q

What Section of Act No. 2985 does Act no. 3159

A

Section 24 “the practices of maestro de obras”

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23
Q

Give Example of permissible
advertising

A

Professional cards
➢ Brochure
➢ Display advertising in recognized
dignified business and professional
publications
➢ Statement of the engineers’ names or
the name of the firm posted on projects
they rendered services
➢ Posting descriptive articles for technical
pressstating the direct participation in
the project
➢ Permission by engineers for their names
to be used in commercial
advertisements

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24
Q

Client-Civil engineer relationship

A

Obligation of the Civil Engineers
* Obligations of the Client
* Liability of the civil engineer and the client
* Suspension or termination of services
* Settlement of disputes
* Ownership of data and documents

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25
It involves submission of a technical proposal in one envelope and a price proposal in a second envelope.
Two-Enveloper System
26
What does this acronym mean QBS
Qualification Based Selection
27
What does RFP mean
Request for Proposal
28
What does RFQ mean
Request for Qualifications
29
it refers to an eight-hour day and is frequently the basis of charging for direct personal engineering services
Per Diem
30
an amount to compensate the civil engineer for contingencies, intertest on invested capital, readiness to serve, and profit
Fixed Free
31
, the Civil Engineer is reimbursed for the actual costs of all services and supplies related to the project
Cost plus fixed fee
32
requires a prerequisite to equitable negotiations, that the client and the Civil Engineer define and agree upon the scope of services the Civil Engineer is to perform.
Cost plus fixed fee
33
used when the Civil Engineer is required to start providing service before the detailed scope of services can be determined.
Cost plus fixed fee
34
frequently used for investigations and studies and for basic services on design type projects where the scope and complexity of the assignment are clearly and fully defined.
Fixed Price
35
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.
Percentage of Construction cost
36
Book I
- Persons and Family Relations
37
Book II
– Property, ownership, and its Modifications
38
book III
Modes of Acquiring Ownership
39
Book IV X
– Obligations and Contracts
40
Book V
– Torts and Damages
41
Republic Act No. 386
Civil Code of the Philippines
42
When does Republic Act No. 386 enacted and Signed
June 18 1949
43
is a juridical necessity to give, to do, or not to do
Obligation
44
is an obligation that has no legal basis and hence does not give a right of action to enforce its performance. It is based on equity, morality, and natural law, and should be voluntary
Natural obligation
45
the actors involved in an obligation
Parties
46
one who demands the fulfillment of an obligation
Active subject
47
one who has the duty to fulfill an obligation
Passive Subject
48
– the conduct to be performed by the passive subject for the active subject.
Prestation
49
– the relation that binds the parties to an obligation.
Juridical Ties
50
when there is an enforcement of law itself; the obligation cannot be presumed, and should be expressly or clearly provided for in the law in order to demandable; such as the obligation of income earning persons to pay taxes according to the national internal Revenue code
Law
51
when there is a meeting of the minds between the parties; the obligation have the fore of law and should be complied with in good faith;
Contract
52
when there is no meeting of the minds between parties, but one party benefited at the expense of the other party; there is an obligation to pay for the compensation so that no one shall be unjustly enriched or benefited at the expense of another
Quasi-Contract
53
if one voluntarily takes charge of the agency or management of another person’s property on his behalf without his consent or authority
Negotiorum gestio
54
– received something that does not rightfully and legally belong to him;(civil code, artile 2154) such as the obligation to return a money received by mistake.
Solution indebiti
55
when there is a civil liability resulting from criminal offense; should be governed by the penal laws;
Delict
56
when ther is fault or negligence that causes damage on another, there being no prior meeting of the minds between the partiesl there is an obligation to pay for the damage done; (civil code, article 2176) such as the obligation of a driver to pay for the damages he caused to another due to negligence.
Quasi-Delict
57
performance is not subject to any condition, and can be immediately demandable.
Pure Obligation
58
performance is subject to a condition, and can only be demandable upon the happening of an event.
Conditional Obligation
59
performance is subject to a period, and can only be demandable when that period expires.
Obligation with a period
60
– there is only one prestation
Simple Obligation
61
– there are two or more prestation.
Compound Obligation
62
there are several prestation and all of them can be performed separately
Conjunctive Obligation
63
only one of the several prestation can be performed. It may be alternative or facultative.
Disjunctive obligation
64
– there is one debtor and one creditor.
Individual Obligation
65
– there are two or more debtors and two or more creditors.
Collective Obligation
66
– the prestation is divided among each debtor and/or the demand for it is divided among each creditor
Joint Obligation
67
– the prestation may be performed by any one of the debtors, and/or its entire compliance may be performed by any of the creditors
Solidary Obligation
68
the prestation can be partially performed.
Divisible obligation
69
– the prestation cannot be partially performed
Indivisible obligation
70
the main/principal presentation that is essential and from which the accessory obligation/s arise.
Principal Obligation
71
the secondary/accessory prestation that should be performed in connection with the primary obligation.
Accessory Obligation
72
the accessory prestation imposes a penalty that shall be substitute the indemnity for damages and the payment of interests in case of noncompliance to the principal prestation
Obligation with Penal Cause
73
only one party is bound to perform a prestation.
Unilateral Obligation
74
both parties are bound to each other in performing their respective prestation.
Bilateral Obligation
75
– one party is bound to perform a prestation in exchange for the other party’s performance.
Reciprocal Obligation
76
has legal basis; give a right of action to compel its performance
Civil Obligation
77
arises from laws
legal obligation
78
Arises from contracts with the force of the law
Conventional Obligation
79
arises from delicts and criminal offences.
Penal Obligation
80
– has no legal basis; does not give a right of action to enforce its performance but is based on equity and natural law, and should be voluntary
Natural obligation
81
the prestation is to do or not to do act
Personal Obligation
82
– to do an act
Positive Obligation
83
– not to do an act
Negative Obligation
84
he prestation is to give or deliver a thing:
Real obligation
85
-to deliver a determinate thing
Determinate Obligation
86
-to deliver a generic thing
Generic Obligation
87
the creation of anew and different obligation through the total or partial modification of an old obligation that it substituted.
Novation
88
– the invalidation of a voidable contract by a court action on the grounds of incapacity to give consent, mistake, violence, intimidation, undue influence, and fraud
Annulment
89
– the revocation, cancellation, or repeal of a contract and the return of the parties to the positions they would have had if the contract had not been made.
Rescission
90
– the loss of certain right upon the lapse of time
Prescription