8.3. THE NON-LEGAL LAWS

8.3.1. DIVINE LAW

The law of religion and faith which concerns itself with the concept of sin and salvation.

8.3.1.1. SOURCE OF DIVINE LAW

This law is formally promulgated by God and revealed by means of direct revelation.

Under the Old Testament, divine law is embodied in the Ten Commandments. This is believed by Christians.

Divine law differs according to what one believes.

8.3.1.2. SANCTION OF DIVINE LAW

The sanction of divine law lies in the assurance of certain reards and punishments in the present life or in the life to come.

8.3.2. NATURAL LAW

This law is defined as the divine inspiration in man of the sense of justice, fairness, and righteousness, not by divine revelation or formal promulgation, but by internal dictates of reason alone.

8.3.2.1. CHARACTERISTICS OF NATURAL LAW

1. Binding force. The basic understanding of right and wrong is naturally found in every man. In simple words, some acts and conduct are known by man in his heart and conscience and not by theorizing.
2. Compared to divine law. Divine law is the law of religious faith known to man by direct revelation, natural law is impressed in man as the core of his higher self.
3. Place in state law. Natural law has been regarded as the reasonable basis of the state law.

8.4. MORAL LAW

This law concerns the totality of the norms of good and right conduct coming from the sense of right and wrong in every community.

8.4.1. CHARACTERISTICS OF MORAL LAW

1. Determination of what is right and wrong. Each member in a group learned the right ways from their individuals actions until these standards evolved until considerd as moral and correct, demanding obedience to them by the group.
2. Sanction. The absence of sanction in moral law results to only public displeasure or contempt or even indignation for those disregarding  moral norms.
3. Binding force. Moral law is not absolute and it changes according to times, conditions, and convictions.
4. Place in state law. Moral law, to a greater extent, influences or shapes state law.

8.5. PHYSICAL LAW (LAW OF PHYSICAL SCIENCE)

These are uniformities of actions and orders of sequence, which are the physical phenomena that people sense and feel.

8.5.1. CHARACTERISTICS OF PHYSICAL LAW

1. Order or regularity in nature. A law in physical science which must be obeyed by objects  to maintain order and regularity in nature.
2. Called law by analogy.  Only called law from analogy. An example is the law of gravitation.

8.0 INTRODUCTION TO LAW

De Leon defines law in its most comprehensive sense as "any rule of action or any system of uniformity".

Hence, law is not limited to the activities of men as rational beings but also movements and motion of all other animate or inanimate objects.

8.1. GENERAL DIVISION OF LAW

1. The strict legal sense, which is also known as the state law and promulgated/enforce by the state.

2. The non-legal sense, which includes divine law, natural law, moral law, and physical law and is not promulgated/enforce by the state.

8.2. SUBJECTS OF LAW

With the 5 divisions of law, all apply to men as rational beings except one, that is, physical law, which operates on all things, including men. Physical law is called as such figuratively speaking.

8.3. THE NON LEGAL LAWS

8.4. THE STATE LAW

8.5. CHARACTERISTICS OF LAW

1. It is a rule of conduct. Law only acknowledges external acts telling what shall be and shall not be done.
2. It is obligatory. Law is a positive command imposing obedience.
3. It is promulgated by legitimate authority. The legislature is the legitimate and competent authority in a democratic country. Under the Constitution, laws called "statutes" are enacted by Congress.
4. It is a common observance and benefit. Law is intended by man to serve man. It regulates harmonious relations to make order and co-existence possible.

8.6. NECESSITY AND FUNCTIONS OF LAW

1. What would life be without law? The need for internal order is as constant as the need for external defense.
2. What does law do? 
1. Law secures justice.
2. Law resolves social conflict.
3. Law orders society.
4. Law protects interests.
5. Law controls social relations.
3. What is our duty as members of society? No society can last and continue without means of social control, without rules of social order binding on its members.

8.7. SOURCES OF LAW

The principal sources of law in the Philippines are as follows:

1. Constitution. With reference to the Philippine Constitution, the term is defined as  "the written instrument by which the fundamental powers of the government are established, limited, and defined, where these powers are distributed among the several departments for their safe and useful exercise to benefit the people." Constitution is often referred as the fundamental law or supreme law or highest law because it is promulgated by the people themselves.
2. Legislation. Acts passed by the legislature are so-called enacted law or statute law. This includes ordinances enacted by local government units.
3. Administrative or executive orders, regulations, and rulings.  Those issued by administrative officials under legislative authority to clarify or explain the law carry into effect its general provisions. Administrative acts are valid only when they are not contrary to the law and Constitution.
4. Judicial decisions and jurisprudence. Court decisions, particularly the Supreme Court, applying or interpreting the laws or the Constitution from part of the legal system of the Philippines. The decisions of a superior court on a point of law are binding on all subordinate courts. This is called the doctrine of precedent or state decisis. Supreme Court may also reverse or modify its previous rulings.
5. Custom. The habits and practices, which through long and uninterrupeted usage have become acknowledged and approved by society as binding rules of conduct.
6. Other sources. These are resorted to by the courts in the absence of all the other resources but they not binding. They include:
1. Principles of justice and equity
2. Decisions of foreign tribunals
3. Opinions of textwriters
4. Religion

8.8. ORGANS OF SOCIAL CONTROL

Law is a means of social control. In addition to he legal institutions in the Philippines, there are a number of organs of social control:

1. Churches
2. Corporations
3. Political parties
4. Trade associations
5. Schools 
6. Labor unions
7. Professional organizations
8. Social clubs
9. Families

8.9. LAW COMPARED WITH OTHER MEANS OF SOCIAL CONTROL

Some basic differences between social controls through law and other methods are:

1. Laws are made and administered by authorized institutions acting on behalf of the entire citizenry while churches, for example, only act with their members.
2. Only legal institutions can make rules, regulations, and order for the entire citizenry while social and economic organizations govern only limited numbers.
3. People associated with organizations can ordinarily terminate their relationship and free themselves from the impact of its rules and regulations while citizens of a state cannot do this unless they decide to leave the geographical area.
4. The sanctions or techniques of control through law are more varied and complex than the techniques available to organizations such as churches, labor unions, and political parties.
5. Before the law "operates" against an individual, various procedural steps are required while organs of social control are generally not required to comply with such procedures in acting against individuals.

8.10. ORGANIZATION OF COURTS

1. Regular courts. The Philippine judicial system consists of a hierarchy of courts with the Supreme Court as the apex. The other courts are:
1. One Court of Appeals
2. Regional Trial Courts in different cities and provinces
3. Metropolitan Trial Courts (in Metropolitan areas), Municipal Trial Courts (in cities not forming metropolitan areas), and Municipal Circuit Trial Courts (in areas defined as municipal circuits)
2. Special courts. Under the Constitution, there are:
1.  The Sandiganbayan. A special anti-graft court with same level as the Court of Appeals.
2. The Court of Tax Appeals
3. Quasi-judicial agencies. Administrative bodies performing quasi-judicial functions, such as settlement or adjudication of controversies and disputes:
1. The National Labor Relations Commission
2. The Securities and Exchange Commission
3. Land Transportation Franchising and Regulatory Board
4. Issuance Commission
5. Constitutional Commissions
1. Civil Service Commission
2. Commission on Elections
3. Commission on Audit

8.11. CLASSIFICATIONS OF LAW

1. As to purpose. 
1. Substantive Law, responsible for creating, defining, and regulating rights and duties, either public or private in character.
2. Adjective Law prescribes the manner or procedure by which rights may be enforced or their violations redressed. This is sometimes called remedial law or procedural law.
2. As to subject matter.
1. Public Law regulates the rights and duties arising from the relationship of the state to the people.
1. Criminal law defines crimes and provides for their punishment.
2. International law which governs the relations among nations or states
3. Constitutional law governs the relations between the state and its citizens
4. Administrative law governs the methods by which the functions of administrative authorities are to be performed.
5. Criminal procedure, a private law which governs the methods of trial and punishment in criminal cases.
2. Public law regulates the relations of individuals for purely private ends.

8.12. LAW ON OBLIGATIONS AND CONTRACTS DEFINED

Art. 1307 defines law of obligations and contracts as "the body of rules which deals with the nature and sources of obligations and the rights and duties arising from agreements and the particular contracts."

8.13. CIVIL CODE OF THE PHILIPPINES

Republic Act No. 386, known as the Civil Code of the Philippines, covers law on obligations and contracts.

The Civil Code of the Philppines is based mainly on the Civil Code of Spain which took effect in the Philippines on 7th of December 1889. It was approved as Republic Act No. 386 on the 18th of June 1949 and took effect on the 30th of August 1950.

7.4. ART V: ENFORCEMENT OF ACT AND PENAL PROVISIONS

7.4.1. ENFORCEMENT OF THE ACT BY OFFICERS OF THE LAW

Officers of the national, provincial, city, and municipal governments, or any political subdivisions have the duty to enforce the provisions of this Act.

7.4.2. REGISTRATION REQUIRED

Civil Engineering services are offered only after obtaining proper certificate of registration from the Board.

7.4.3. REQUIREMENT FOR A WRITTEN SERVICE AGREEMENT, APPOINTMENT OR EMPLOYMENT CONTRACT

Enticing, compelling, requiring, or coercing a duly registered Civil Engineer to perform or undertake any professional work or service without executing a written agreement or employment contract shall be a violation of this Act.

7.4.4. POSITIONS IN GOVERNMENT REQUIRING THE SERVICES OF A CIVIL ENGINEER

Existing and proposed local and national government offices positions requiring services of Civil Engineers shall only be filled by registered Civil Engineers who are members of PICE with good standing.

7.4.5. PENAL PROVISIONS

The following conditions are considered guilty of a misdemeanor and can be sentenced to a fine of not less than 100,000 Php nor more than 1,000,000 Php or suffer imprisonments of not less than six months nor more than three years or both at court's discretion.

1. Any person who practices and offers to practice Civil Engineering in the Philippines without any registration with this Act.
2. Any person who presents or use the certificate of registration/ PRC ID f a registered Civil Engineer as his own.
3. Any person who presents false or forged evidence of any kind to the Board
4. Any person who impersonates any registered Civil Engineer of a different name.
5. Any person who attempts to use a revoked or suspended certificate of registration/PRC ID.
6. Any person who advertises, uses or assumes any title or description giving the impression that he is a Civil Engineer without a valid certificate of registration.
7. Any head of a government agency or officer of a private firm or institution who fails fails to secure a special temporary permit from the Board subject to approval of the Commission prior to engaging the services of a foreign national to practice Civil Engineering under the employment or engagement by the agency, firm, or institution, unless such foreign national has already been issued a special temporary permit.
8. Foreign nationals who engage in the practice without a special temporary permit
9. Any person who shall violate the ROSTER OF CIVIL ENGINEERS and its implementing rules and regulations.

Foreign nationals guilty of any conditions above shall also be subjected to deportation.

7.4.6. REPEAL

All laws or parts in conflict with the provisions of this Act are repealed. No law shall limit the scope of practice of Civil Engineering nor exclude a Civil Engineer from practicing his profession.

7.3. ARTICLE IV. MISCELLANEOUS PROVISIONS

7.3.1.PREPARATION OF PLANS AND SUPERVISION OF CONSTRUCTION BY REGISTERED CIVIL ENGINEER

Any construction, reconstruction, or alteration of any building or structure for the following purposes should be executed under the direct supervision of a registered civil engineer. Designs, specifications, and plans shall be in accordance with the municipal or city ordinance.

7.3.2. INDIVIDUAL AND PERSONAL QUALIFICATIONS

Admission is determined upon qualifications because the practice of Civil Engineering is considered as a professional service.

7.3.3. PARTNERSHIPS AND CORPORATIONS ENGAGED IN CIVIL ENGINEERING AND MULTI-DISCIPLINARY CONSULTANCY

National Economic Development Authority (NEDA) guidelines define consultancy engagements in the profession with sole proprietorship, partnership, or corporation.

• Such entity is owned or controlled by duly registered civil engineers and the proprietorship, partnership or corporation has been issued a certificate of registration by the Board.
• The entity may further offer and engage in providing multi-disciplinary consultancy services provided that professions are closely related to or allied with civil engineering.

7.3.4. PRACTICE OF PROFESSION BY FOREIGN NATIONALS

A special temporary permit from the Board, subject to approval of the Commission can be secured by any foreign nationals (including former Filipino citizens) desiring to practice the profession in accordance with the provisions stated in Section 7(j) of RA 8981, which is also known as "PRC Modernization Act of 2000". The section clarifies the following:

1. The requirements for the licensing or registration in the said foreign states is the same as contemplated by the Philippine laws and that the laws of the foreign state allow Filipino citizens to practice the profession on the same basis and grant same priviledges as those enjoyed by the subjects of such foreign state.
2. Issuance of certificate of registration is issued to foreign professionals under reciprocity and other international agreements.
3. Agencies, organizations or individuals securing the services of foreign professionals shall be responsible for securing a PRC and DOLE special permits, pursuant to their rules.

7.3.5. ROSTER OF CIVIL ENGINEERS

A list of names and places of business of all registered Civil Engineers shall be periodically prepared by the Commission through the Board whereby copies are placed on file with the PICE and furnished to any government agencies or authorities upon request.

RELATED TOPIC:

7.0. RA 544: CIVIL ENGINEERING LAW

7.2. ARTICLE III. EXAMINATION REGISTRATION AND CERTIFICATION

The Civil Engineering Board Examination is a requirement for registration of the practice. According to RA 1080 as approved on (15th June 1954), board examinations are considered as civil service examinations.

The following are the PRC requirements when applying for the examination, (including the payment of 900Php):

1. NSO/PSA Birth Certificate
2. NSO/PSA Marriage contract (for married female applicants)
3. Transcript of Records with scanned picture and remarks "for Board Examination Purposes"
4. Valid NBI Clearance (for both new and retakers)
5. Two (2) Certificates of Good Moral Character from any 2 of the following:
1. Barangay
2. Church
3. School
4. Employer

7.2.1. HOLDING OF EXAMINATION

The places of Examination are the following:

1. Manila
2. Baguio
3. Cagayan de Oro
4. Cebu
5. Davao
6. Iloilo
7. Lucena
8. Pagadian
9. Tacloban
10. Tuguegarao
11. Zamboanga

7.2.2. SUBJECTS OF EXAMINATION

Resolution No. 02, Series of 1995, otherwise known as Promulgation of the Syllabi for the Subjects in the Civil Engineering Licensure Examination states that the Board shall provide a minimum of 500 questions for each subject from which the Commission's computer will randomly select a few days prior to the examination.

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. Examinees shall be given 10 computation and scratch sheets shall be submitted with the answer sheets.

The Examination questions and problems  are prepared considering the following:

1. The areas covered by the examination shall be those included in the topics enumerated in the syllabus for the particular subjects. The examination questions in each subject shall be comprehensive and well-balanced in scope.
2. Questions and answers should relate to matters which are of general applicability in the civil engineering practice in the Philippines.
3. Questions and answers shall be framed in a clear and concise manner taking into consideration the degree or level of proficiency for each topic. Instructions or requirements should be clearly stated.
4. The assigned weight and estimated time for each subject shall be indicated. Whenever applicable, references shall be made to statements issued by:
1. The Board of Civil Engineering
2. The National Building Code of the Philippines
3. The National Structural Code of the Philippines
4. The National Standards Office
5. The National Water Resources Council
6. The Philippine Institute of Civil Engineers
7. The Associate of Structural Engineers of the Philippines
5. Electronic and scientific calculators are not allowed.

*For areas not covered by Philippine sources, references may also be made to the setting agencies int he United States:

• ACI - American Concrete Institute
• ASCE - American Society of Civil Engineers
• ASHTO -Association of State Highway and Transportation Officials
• NSC - Nominated Sub-Contract
• UBC - Uniform Building Code

and also international agencies such as:

• IBO International Building Officials
• FIDIC International Federation of Engineers

Applicants for registration for the Civil Engineering practice shall be examined in:

1. General Civil Engineering
1. Project planning, designs, and management
2. Manual of practice, codes and regulations
3. Economics
4. Environmental impact assessment
5. Materials testing and inspection
6. Surveying
7. Highway and railroad surveying
8. Plane, topographic and hydrographic surveying
9. Advanced surveying
10. Numerical methods for computer application
11. Mathematics (algebra, plane and spherical trigonometry, analytic, descriptive, and solid geometry, differential and integral calculus, and rational and applied mechanics)
2. Construction management and engineering
1. Contracts
2. Environment
3. Cost estimates
4. Unit cost development
5. Construction schedule
6. Manpower and equipment scheduling and control
7. Material control
8. PERT-CPM
9. Bar char schedule
10. Project monitoring
11. S-curve
12. Network analysis
13. Time scheduling
14. Project activities
15. Project cost
16. Project control
17. Quality assurance
18. Bidding
19. Tender documents
20. Specifications
21. Construction supervision
3. Transportation engineering
1. Theory and practice of transportation engineering
2. Transportation and traffic engineering studies, planning
3. Design and construction of highways including pedestrian facilities, railways, ports and harbors, and airports
4. Structural engineering
1. Theory of structures
2. Properties of materials
3. Lateral load analysis
4. Earthquake engineering
5. Wind engineering
6. Functional planning
7. Floor plans, elevations, sections, utilities
8. Design of wooden, reinforced concrete, steel, and composite buildings, bridges, towers, walls, foundations, silos, and masonry structures.
5. Geotechnical engineering
1. Soil composition
2. Classification of soils
3. Compaction of soils
4. Flow of water in soils
5. Permeability
6. Seepage
7. Flow nets
8. Effective stress
9. Compressibility of soil
10. Shear strengths of soil
11. Lateral earth pressure
12. Soil bearing capacity
13. Slope stability
14. Solid waste disposal systems
15. Ground improvement
6. Water resources and hydraulics engineering
1. Hydrology
2. Hydraulics
3. Design of piers, ports, wharves, aqueducts, reservoirs, spillways, open channels, pressure conduits, navigation canals and locks
4. Sanitary works
5. Water supply system
6. Dikes, dams, and irrigation and drainage canals
7. Hydropower

To pass the Civil Engineering Board Examination, a candidate must obtain a general average of 70% with no grades lower than 50% in any given subject.

1. Mathematics, Surveying, and Transportation Engineering = 35%
2. Hydraulics and Geotechnical Engineering = 30%
3. Structural Engineering and Construction = 35%

7.2.3. QUALIFICATIONS FOR EXAMINATION

Applicants for the Examination should satisfy the following qualifications"

1. Be at least twenty-one years old 
2. Be a citizen of the Philippines
3. Be of good reputation and moral character
4. Be a holder of a bachelor's degree in Civil Engineering from a recognized and legally constituted school, institute, college, or university

7.2.4. OATH OF CIVIL ENGINEERS

Successful candidates are required to take a professional oath before the Board or Commission authorized government officials prior to the issuance of the certificate of registration.

7.2.5. CERTIFICATE OF REGISTRATION

The Board and the Commission issue individual certificates of registration to successful examination candidates after taking the professional oath. The certificate is subject to payment prescribed by the Commission.

7.2.6. MEMBERSHIP IN THE PICE

All registered Civil Engineers are automatic members of the Philippine Institute of Civil Engineers (PICE) and shall comply with all the membership requirements therein.

7.2.7. PROFESSIONAL IDENTIFICATION CARD

Individual professional identification cards are issued to registered Civil Engineers bearing the following:

1. Name and picture of the registrant
2. Registration number
3. Date of issuance of card
4. Expiry date of card
5. Signature of the chairman of the Commission

* NO professional identification card shall be issued to a new registrant without certificate of active membership  issued by PICE.

* The same certificate is required for renewal of the professional card.

7.2.8. INDICATION OF CERTIFICATE OF REGISTRATION/PROFESSIONAL IDENTIFICATION CARD AND PROFESSIONAL TAX RECEIPT

The Civil Engineer shall be required to indicate the following on the plans and documents he signs with his practice.

• Certificate of Registration
• Professional Identification Card, its date of issuance and duration of validity
• Professional tax receipt number

7.2.9. SEAL AND USE OF SEAL

The design of the seal is as authorized by the Board. The serial number of the certificate shall be included in the design of the seal.

All official documents (estimates, designs, specifications) and plans shall be sealed and signed by the engineer.

7.2.10. REFUSAL TO ISSUE CERTIFICATE

The Certificate shall not be issued to any person 

1. Convicted of ay criminal offense
2. Guilty of immoral or dishonorable conduct
3. Of Unsound mind
4. A candidate who has not taken the oath of Civil Engineers

In the vent of refusal, the Board shall send a written statement to the applicant stating the reason for refusal.

7.2.11. SUSPENSION AND REVOCATION OF CERTIFICATES AND CANCELLATION OF PROFESSIONAL IDENTIFICATION CARDS

After due notice and hearing (the registrant has the opportunity to defend himself) the Board can suspend or revoke the certificate of registration due to:

• malpractice
• unprofessional
• unethical
• immoral
• dishonorable conduct
• non-membership in good standing in PICE for three (3) consecutive years

7.2.12. RE-ISSUE AND REPLACEMENT OF CERTIFICATES AND PROFESSIONAL IDENTIFICATION CARDS

After a year when the certificate is revoked, the registrant can apply for a new certificate of registration with the form prescribed for examination, and the Board may exempt the applicant from the examination.

The application for the professional identification card shall be accomplished similar as renewal.

7.2.13. CONTINUING PROFESSIONAL DEVELOPMENT (CPD)

PICE is responsible for developing a CPD program. Other organizations can also be CPD providers upon PICE and Board accreditation.

All registered Civil Engineers shall maintain a program of professional development.

7.2.14. CERTIFICATE OF SPECIALIZATION

PICE has the authority to issue, suspend, and revoke a certificate of specialization to a registered Civil Engineer who has demonstrated his advanced knowledge, experience, education, and training.

Specialty organization of Civil Engineering (SOCE) can be formed in each recognized branch only by specialists with the following conditions:

• Such SOCE is affiliated to and recognized by the PICE.
• Only one SOCE for each Civil Engineering branch, without membership prejudice to other professional organizations.

7.2.15. SPECIALIST IDENTIFICATION CARD

All registered Civil Engineers with a certificate of specialization shall be issued individual specialist identification card from PICE, which is renewed in accordance to PICE requirements.

7.2.16. TRANSITORY PROVISIONS

Upon the effectivity of RA 544,

1. Registered status of each Civil Engineer shall retain.
2. Certificates of registration shall have the same force and effect.
3. Certificates of recognition for advanced strudies, research and specialized training in any specialized branch shall be replaced by equivalent certificates of specialization by the PICE.
4. Certificates of Specialization previously issued shall have the same force and effect.

RELATED TOPICS:

7.0 RA 544: CIVIL ENGINEERING LAW

7.1. ARTICLE II. BOARD OF CIVIL ENGINEERING