JOHN IAN M.

SUBIL BSCE-ST 4

NATIONAL BUILDING CODE OF THE PHILIPPINES (PD 1096)

National Building Code of the Philippines, also known as Presidential Decree No. 1096, is
a law generated to give a framework of minimum standards and guidelines for Philippine Buildings.
Copies of the original documents may be viewed and downloaded on the DPWH site. In Chapter 1, the
general provisions discuss the Title that states that the Rules shall be known and cited as the Revised
Implementing Rules and Regulations of the National Building Code of the Philippines (P.D. 1096). Also, it
shall refer to as the Implementing Rules and Regulations. Section 102 to section 106 talks about the
Declaration of Policy, Scope and Application, General Building Requirement, Site Requirements, and
Definitions of terms and phrases enumerated. Powers and Functions of the Secretary under the Code,
discuss in the section of Administration and enforcement. In addition, the Duties, responsibilities,
qualifications of the building official talked through the following section.

The Permit and inspection are in section 301 to section 309 and comprises Building Permits,
Application for Permits, Processing of Building Permits (include Ancillary Permits and Accessory Permits),
Issuance of Building Permits, Validity of Building Permits, Inspection and Supervision of Work, Certificate
of Occupancy. The requirements of fire zones in sections 501 to 507 talk about the definition of the fire
zone, Buildings located in more than One Fire Zone, Moved buildings, Temporary Buildings, Center Lines
of Streets, Restrictions on Existing Buildings, Designation of Fire Zones. The general design and
construction requirements discuss the requirements when proposing a building. When designing an
excavation, foundation, retaining walls, Veneer, Stairs, and exits, a designer should meet up by the
provisions of the National Structural Code of Buildings. Also, the Electrical and Mechanical regulations
should conform to their codes.

In chapter 20, it discusses the general requirements of having a signboard. It stated how to
maintain it, that must be all together with all of their supports, braces, and anchors should be kept in
repair and a proper state of preservation. The display of all signs should be kept neatly painted and
secured every time. Transitory and final revisions consist of sections from 2101 to 2105. In the first
section, Existing buildings and structures should be constructed under R.A. 6541 or existing city or
municipal building codes. Interim Rules and Regulations, Separability Clause, Repealing Clause, Effective
also talks through.
 CIVIL ENGINEERING LAW REPUBLIC ACT NO. 544

The Civil Engineering Law, Republic Act No. 544, is the application of civil engineering in
the Philippines, was the last revise 55 years ago. The civil engineer constantly challenges to
design and build developments. And has a manner that is environmentally sound, socially
acceptable, and globally competitive. Article 1, Title of the Act, and definition of terms in
section 1 states that it should be known as the “Civil Engineering Law.” The implementation of
civil engineering within the meaning and purpose of the law should hold services in the shape
of consultation, design, preparation of plans, specifications, estimates, erection, installation,
and supervision of the creation of infrastructure. Also, the term “civil engineer” as used in this
act should mean a person duly registered with the Board for Civil Engineers.

Article 2 composes section 3 to section 7. The sections state the composition of the
board, Powers & Duties of the Board, Qualifications of Board Members, Annual Report. Going
to the Examination and Registration Article 3 also composes sections from 8 - 19. Section 8
states the examination Requirement, in which all applicants for registration for the practice of
civil engineering should need to pass a technical examination. The other sections address the
Holding of Examination, Subjects of Examination, Executive Officer of the Board, Qualifications
for Examination, Oath of Civil Engineers, Seal and Use of Seal, Exemption from Registration, and
Transitory Provisions.

Article 4 Enforcement of Act and Penal Provisions consist of sections 20 to 22. Section
20 is the Enforcement of the Act by officers of the law. He should be the duty of all duly
constituted law officers of the national, provincial, city, and municipal governments. Other
sections also talk about Registration requirements, Penal provisions. The Miscellaneous
Provisions is the last Article contains sections 23 -29. Section 23 consists composing of plans
and supervisions of construction by registered civil engineers. Section 24- 29 covers the
Reciprocity requirements, Roster of civil engineers, Repeal, Construction of Act, Effectivity.

LABOR CODE OF THE PHILIPPINES

 The code that governs all employment practices and labor relations is the Labor Code of the
Philippines. It also helps safeguard employees and employers while ensuring that neither is a concern to
unlawful treatment or exploitation. The General Provisions of the Labor Code is in chapter 1, and it has
six articles. Article 1 to 6 states the Name of Decree, Date of Effectivity, Declaration of Basic Policy,
Construction in Favor of Labor, Rules and Regulations, Applicability. Under the Definition, the "Worker"
means any member of the labor force, whether employed or unemployed. The terms Recruitment and
placement, Private fee-charging employment agency, License, Private recruitment entity, Authority,
Seaman, Overseas employment, Emigrant has defined also.

The Labor Code of the Philippines provides particular treatment for women. Working conditions
under Article 130 give Facilities for Women, Maternity Leave Benefits, Family Planning Services;
Incentives for Family Planning, Discrimination Prohibited, Stipulation Against Marriage, Classification of
Certain Women Workers. Employment of minors covered under the code. The lowest Employable Age is
15 years old, excluding if he works directly under the control of his parents or guardian. His employment
should not be in any way interfere with his schooling. The labor code also covers the work of house
helpers for the coverage, Contract of Domestic Service, Minimum Wage, Minimum Cash Wage,
Assignment to Non-Household Work, Assignment to Non-Household Work, Treatment of House helpers,
Board, Lodging, and Medical Attendance.

Transitory and final provisions discuss Articles 308 - 317. These are the following: Application of
Law Enacted Before the Code, Secretary of Labor to Initiate Integration of Maternity Leave Benefits,
Funding of the Overseas Employment Development Board and National Seamen's Board, Termination of
the Workmen's Compensation Program, Continuation of Insurance Policies, and Indemnity Bonds,
Continuation of Insurance Policies and Indemnity Bonds, Disposition of Pending Cases, Personnel Whose
Services Terminated, Separability Provisions, and Repealing Clause. The last part of the Articles discusses
the other related amendatory related laws like R.A. No. 10645 2014 Mandatory PhilHealth for All Senior
Citizens, R.A. No. 10396 2013 Conciliation-Mediation as a Voluntary Mode of Dispute Settlement for All
Labor Cases.

THE 2016 REVISED IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 9184,
OTHERWISE KNOWN AS THE GOVERNMENT PROCUREMENT REFORM ACT
 Republic Act no. 9184 is 2016 revised implementing rules and regulations and covers the
procurement of infrastructure projects, goods, and consulting services. It includes all branches
and instrumentalities of the Philippine government. These are departments, offices, and
agencies, even government-owned and controlled corporations and local government units.
The General Provisions under rule 1 and discusses the Short Title and Purpose of the Act,
Declaration of its Policy, Governing Principles on Government Procurement, Scope and
Application of the IRR. Within section 7, the Procurement Planning and Budgeting Linkage
affirmed that All procurement should be within the approved budget of the obtain Entity and
should be ultracareful and judiciously organized among the obtain Entity. After it is the
Competitive Biding followed by the Bids and awards committee, and it comprises sections from
11-19.

Contract implementation guidelines for the procurement of goods, supplies, and

materials discussed in the law. Under it is the Amendment to Order, Suspension of Work,
Liquidated Damages, and Advance Payment which states all ongoing payments should first be
charged against the advance payment until the latter has been completely exhausted unless
otherwise approved by the President. Guidelines for the procurement of infrastructure projects
talked under the Republic Act no. 9184. So that we can know the meaning of the variation
orders, extra work costing, advance payment, progress payment, retention money, contract
completion, liquidated damages, suspension of work, an extension of contract time, and
evaluation of contractors' performance.

In appendix 10, the guidelines on the use of bid securing declaration stated its scope
and application, recommendation and principles, definition, period of effectivity, grounds for
enforcement of bid securing statement, and penalties. Appendix 11, the tie-breaking Methods
enumerates its Purpose, Coverage, Rules, and Regulations. After it is the revised guidelines for
contract price escalation and discusses the scope, purpose, the definition of terms, review &
approval process, review of contract prices after completion of the contract.

Manual of Professional Practice for Civil Engineers

 A civil engineer is a person who trains civil engineering in the application of planning,
designing, constructing, maintaining, and operating infrastructure while protecting the public
and environmental health, as well as enhancing existing infrastructure. The article practice of
Civil Engineers states that he is required to have professional dedication, effort, adequate time
for investigation, planning and innovation, fair compensation, and appropriate authority and
responsibility. Quality results from a team effort are steady by the degree of satisfaction of all
parties involved. The professional responsibilities Civil Engineers must always strive to maintain
the highest standard of Ethical Professional Practice in dealing with client employers,
employees, competitors, and the community.

The article states that a civil engineer and his customer must have a good relationship.
They both have obligations. The civil engineer should exercise reasonable skill, care, and
diligence in the performance of his commitments. Also, he shall not initiate or proceed with any
subsequent stage of the Services without the client's consent. In the client's obligations, he
shall pay the Civil Engineer for his Service the total of fees and expenses set out or determined
in their Agreement. Also, the client shall cooperate with the Civil Engineer and shall not
interfere with or obstruct the proper performance of the services, shall arrange services
provisions from other professionals as may be required, and bear all costs.

The Civil Engineer is liable to the client. He should be responsible for paying damages to
the client arising out of or in connection with their Agreement if a breach of responsibility of
care sets against the Civil Engineer. The article also discusses the settlement and disputes and
specialization of civil engineers. These are the Structural and foundation, Geotechnical and
environmental, Water resources & hydraulics, Transportation, Construction management, and
engineering. The last part of the article takes through the professional practice of foreign civil
engineers. Foreign civil engineers must still secure a certificate of registration/license or special
permit from the Professional Regulation Commission.
Elements of contracts, obligations
Law on Obligations and Contracts in the Philippines
 The positive law that deals with the nature and sources of obligations are the Law on
Obligations and Contracts. Also, it the rights and duties arising from agreements in contracts. In
Article 1156 of the New Civil Code of the Philippines, obligation defines as a necessity to give,
do, or not to do. It is a straight bond by which one or more obligates are bound to perform or
refrain from acting. Every obligation has four definite elements, without which no obligation
can exist. These are the following; 1) active subject, also known as the obligee or creditor, who
has the power to demand the benefit. 2) a passive subject, also known as the debtor, who is
bound to perform the benefit. 3) an object or the benefit, which undertakes to give, do, or not
do. 4) The juridical or legal tie, the vinculum which binds the contracting parties. The juridical
tie base on the sources of obligation arising from either the law or contract.

In the article, there are various kinds of obligations. The first one is a pure obligation. It implies
that it is not subject to any conditions, has no specific date mentioned for its achievement,  immediately
demandable. It is a responsibility concerning which no condition precedent remains which not complete.
The second is the conditional obligation is one whose consequences are subject in one way or another
to the fulfillment of a condition. The third is an obligation with a period. It means if one who has
consequences are subject in one way or another to the expiration of the said period or term. Joint
obligations are those where, although there concur more creditors and borrowers. In the same
responsibility, there is no right to demand. Neither a duty on the part of each of the latter to render all
compliance of the obligation.

The law defines a rule of conduct and is obligatory, promulgated by the legitimate authority, for
common observance and benefit. On the other hand, the contract defines as a meeting of minds
between two persons whereby one binds himself, concerning the other, to give something or render
service. It is an adhesion state that almost all the provisions have been drafted only by one party, usually
a corporation or insurance company. The only participation of the other party is the signing of his
signature or his adhesion. Some writers believe that such a contract suppresses the will of one of the
contracting parties, which means not a legit contract. However, this is not always juridically true.
Ethical Relations of an Engineer with fellow professionals, clients, and the general public
NSPE Code of Ethics for Engineers
 The ethical relation of an engineer to fellow professionals, clients, and the general public
is significant. Engineers should ensure the safety, health, and welfare of the community. If
engineers experience conditions that risk life or property, they should notify their client and
other authorities as may be appropriate. The Codes states that engineers should not share facts
and data without the prior permission of the client or employer except as allowed by law. If
they know of any alleged violation of the constitution, they should inform the authorities. He
should also cooperate with them furnishing such information or assistance as may be required.

Ethical relations with fellow engineers should also consider in the law. The Code
affirmed that they should not try to attract an engineer from another employer by misleading
falsehoods. They should constantly aim to serve the public interest and be encouraged to
increase understanding and appreciation of engineering and its accomplishments. Engineers
should not try to obtain employment, advancement, and professional engagements by
dishonestly criticizing other engineers or by other improper or questionable methods.
Engineers shall not be affected in their professional duties by conflicting interests. In private
practice, they should not examine the work of another engineer for the same client, except
with the knowledge of such an engineer. Except for the connection of such engineer with the
work has been terminated.

Engineers in governmental, industrial, or educational employ are qualified to review and

evaluate the work of other engineers when so ordered by their employment duties. They
should accept personal responsibility for their professional activities, provided that engineers
may seek indemnification for services arising out of their practice other than gross negligence,
where they cannot protect their interests. The employer should indemnify them to use the
information for any purpose other than the original purpose. As noted by the Supreme Court,
the Code deals with professional services. The services are present by persons that build and
implement policies within business structures.
Code of Ethics, Legal Procedure in the practice of Civil Engineering in the Philippines