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[CIAP NOTES] [v.1.

0, 2017]
The Construction Industry Authority of the Philippines (CIAP) is the central authority of the Philippine construction
industry in the forefront of construction policy and program formulation, development, and implementation.

(This is an attempt to summarize all relevant legislation/issuances with regard to


the CIAP and its attached agencies. Comments & [informed] guesses are in red.)

Note to Asec. Art: Sir, this is an unfinished and personal work (I began these notes with
the intent to make my work a bit easier). However, the portion on PCAB procedure is
largely done and would we hope suffice.

CIAP (Construction Industry Authority


of the Philippines) CHARTER
[+pertinent rules & regulations]
1. PD 1746 (CIAP Law) + CIAP Board Resolution No. 1, s. 1998 (IRR)
Pertinent sections:
(a) Secs. 3; 4-7; 8 (Organization; Attached Agencies) attached to DTI for
policy & program coordination; exercises jurisdiction & supervision over:
PCAB* (Phil. Composition:
Contractors 1. Chairman
Accreditation 2. Members x 2
Functions: contractors licensing & registration
Board) (Sec. 4)
POCB (Phil.
Overseas
(see discussion on PD 1167)
Construction
Board) (Sec. 5)
Composition:
PDCB* (Phil. 1. Chairman
Domestic 2. Members x 4
Construction Functions: formulation/recommendation/implementation
Board) (Sec. 6) of policies, guidelines, plans, & programs for efficient
implementation of public & private construction in PH
/
CMDF* **
(Construction Composition:
1. Chairman
Manpower Devt
2. Members x 4
Foundation) Functions: manpower development, etc.
(Sec. 7)
* These also have their own Secretariats, w/ their own Executive Officers
*
This entity is not w/in the CIAPs jurisdiction under the IRR (Sec. 11, IRR);
*
however, the CMDF Chair is part of the Authority! (see latter pages)
Jurisdiction 1. Administrative supervision
2. Approval of annual budgets/plans/programs
3. Review, upon appeal by a party, of decisions of the

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[CIAP NOTES] [v.1.0, 2017]
The Construction Industry Authority of the Philippines (CIAP) is the central authority of the Philippine construction
industry in the forefront of construction policy and program formulation, development, and implementation.

implementing agencies in the exercise of their quasi-


judicial powers; the decision of the CIAP shall be final
(b) Secs. 2, 11 (Powers & Objectives) promote, accelerate, & regulate the
growth & development of the construction industry in conformity w/ natl goals
Notable powers/objectives:
> Centralized authority for optimum devt of construction industry (Sec. 2[a])
> Troubleshooting (i.e. monitoring/studying, identifying problems/needs,
recommending/implementing policies/legislation) (Sec. 2[b])
> Rationalizing investments in the construction industry in accordance w/
national investment priorities & development needs (Sec. 2[c])
> Establishing criteria for classification & categorization of contractors w/c
accurately reflect their contracting & performance capacities (Sec. 2[d])
> Rule-making power (Sec. 2[d], [e], [i]) (Sec. 11)
Re: classification & categorization of contractors (Sec. 2[d])
In general + re: prequalification of public projects (Sec. 2[e])
Re: adjudication & settlement of claims/disputes (Sec. 2[i])
> Re: funding (Sec. 2[g], [k])
> Catch-all (i.e. such other functions) (Sec. 2[l])
Rule 1, Sec. 3, IRR (definition of terms)
1. Construction industry (3.07) one of the major sectors of the economy; includes
all undertakings in the areas of project conceptualization & development;
architectural & engineering design; construction planning & management; materials
manufacture & supply; construction credit & finance; construction insurance &
suretyship; construction manpower supply; construction manpower training &
development; construction safety; & all other related areas
2. Construction contracting (3.08) act of providing all services for new
construction works, rehabilitation works, improvement works, expansion works, &
such other related works & activities including the necessary supply of labor &
services, materials, equipment, & related items needed to effect such works
3. Construction contractor (3.09) also constructor, builder; any person who
undertakes or offers to undertake or purports to have the capacity to undertake or
submit a bid to do, or does by himself or through others, construction works, such
as but not limited to, construction, alteration, repair, addition to, subtraction from,
improvement, movement, wrecking, or demolition of any building, highway, road,
railroad, excavation or other structure, projects, development or improvement, or to
do any part thereof, including the creation of scaffolding, or other activities or works
in connection thereof; includes subcontractor and specialty contractor
4. Filipino construction contractor (3.10) Filipino citizen, or a partnership of
Filipino citizens, or a corporation or other juridical person/entity, of w/c, in the case
of a corporation, at least 60% of its capital stock outstanding is owned & held by
Filipino citizens and at least 60% of the Board of Directors thereof are Filipino
citizens, & in the case of any other juridical person/entity, at least 60% of its equity

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[CIAP NOTES] [v.1.0, 2017]
The Construction Industry Authority of the Philippines (CIAP) is the central authority of the Philippine construction
industry in the forefront of construction policy and program formulation, development, and implementation.

is owned & held by Filipino citizens (for public construction projects, a 75% equity
reqt is imposed)
5. Foreign construction contractor (3.11) construction contractor allowed to do
business in PH by the SEC; duly licensed, registered, and/or accredited to do
construction work by the PCAB
6. Public construction (3.12) all types of construction works/projects, such as but
not limited to infrastructure works, for & in behalf of the natl govt or any of its
instrumentalities, LGUs, including GOCCs, whether
7. Private construction (3.13) all types of construction works/projects w/c do not
fall under the term public construction, irrespective of owners nationality
8. BOT & similar construction works (3.14) all types of construction
works/projects covered by RA 7718 (BOT Law), as amended
9. Foreign-funded projects (3.15) construction projects that are financed, wholly or
in part, by foreign financial institutions, such as but not limited to the World Bank,
the Asian Development Bank, the Overseas Economic Cooperation Fund, and other
foreign sources
10. Domestic construction (3.16) all types of construction works/projects situated
w/in the territorial boundaries of PH; includes foreign-funded projects, BOT & similar
construction works, & those subjected to International Competitive Bidding (ICB)
11. Overseas construction (3.17) all types of construction works/projects situated
outside of the territorial boundaries of PH
(c) Sec. 1 (Composition of the CIAP Board) [+Rule 2, Sec. 1, IRR]
> Chair: DTI Secretary Sec. Ramon Lopez
> Members: (Vice-Chair, to be designated from among the members)
DPWH Secretary Sec. Mark Villar
DOTr Secretary Sec. Arthur Tugade
DOLE Secretary (added by the IRR) Sec. Silvestre Bello III
PCAB Chair Dr. Pericles Dakay
POCB Chair Mr. Isidro Consunji
PDCB Chair Atty. Ramon Ereeta, Jr.
CMDF Chair [?]
PCA President [?]
Representative of private construction sector [?]
Optional: sp. construction industry rep. in the Middle East
[as ex officio member]
(d) Sec. 8 (Executive Director)
> Appointed by & reports directly to the Chair
> Monitors & implements the policies & programs of the CIAP
> Executive Office (Sec. 5, IRR): competent technical/legal/management
staff maintained by the Authority, whose maintenance as such is
necessary to fulfill the latters inherent powers/duties/obligations
2. RA 4566 (Contractors License Law [PCAB]) + IRR, as amended
(a) Art. I (Philippine Licensing Board for Contractors)

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[CIAP NOTES] [v.1.0, 2017]
The Construction Industry Authority of the Philippines (CIAP) is the central authority of the Philippine construction
industry in the forefront of construction policy and program formulation, development, and implementation.

> Membership (Secs. 2-4): Chair + Members (2) [ComAppt reqd!]


Qualifications (i) 10 yrs. of recog. standing in contracting biz.
: (ii) PH citizenship
(iii) PH residency for 8 yrs. imm. prior to appt.
(iv) Age (35 y/o)
(v) GMC
Term of office: 3 years
> Powers & Duties (Sec. 5 [+Rule 2, Sec. 2.1, IRR]):
Issuance, suspension, & revocation of contractors licenses
1. Keeping a permanent record of constructors
ever licensed by the Board, incl. the ff. info.:
(a) Name
(b) Address
(c) License no.
(d) Classification(s)
(e) Category
(f) License status (i.e. renewed, suspended,
Related cancelled, revoked, denied renewal)
powers/duties (g) Accreditation details, if applicable
(h) Such other info. of interest to the
construction industry & the gen. public
2. Publication in a newspaper of gen. circulation,
at least once a year, of particulars of licenses
issued, renewed, suspended, & revoked, &
such other info. Relevant to RA 4566/IRR &
deemed proper by the Board
Re: violations of RA 4566, IRR:
(i) Investigation of violations of RA 4566, IRR (incl. subpoena
power) // alternatively: to cause the investigation of the
violation by the DTI under EO 9131 (Sec. 2.1(f), IRR)
(But is this EO still in effect today? Ive no idea.)
(ii) Imposition of fine on any such violation (Sec. 2.1(h), IRR)
(iii) Institution of court actions (Sec. 2.1(g), IRR)
(iv) Securing writs of injunction w/o bond to restrain any
unlicensed contractor from engaging/attempting to engage
in construction contracting (Ibid.)
[cf. Sec. 17; Sec. 2.1(c) & (d), IRR] Rule-making power:
(i) For implementation of RA 4566 as amended

1 Executive Order 913, series of 1983 "Strengthening the Rule-Making and Adjudicatory
Powers of the Minister [now Secretary] of Trade and Industry in Order to Further Protect
Consumers"

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[CIAP NOTES] [v.1.0, 2017]
The Construction Industry Authority of the Philippines (CIAP) is the central authority of the Philippine construction
industry in the forefront of construction policy and program formulation, development, and implementation.

(ii) To classify & limit operations of constructors w/in the bounds


of their respective classifications (and/or any restriction[s])
as imposed by the Board on their licenses
1. Approval/confirmation reqs.
(a) The President (Sec. 5, par. 2)
(b) The Authority (Sec. 2.1(c), IRR)
Limitation(s) 2. Re: classifying/limiting operations must be in
a manner consistent w/ est. usage/procedure
in the construction business (Sec. 17)
Inspection of premises where construction work is carried out
[+enforcement (or prevention of contravention of) RA 4566, IRR,
when necessary] may be done by any (a) Board member, or (b)
member of the Secretariat duly authorized by the Board
Income generation (i.e. collection of fees, other income-generating
activities) whenever necessary to sustain performance of functions
Catch-all (such other powers/duties re: PH construction industry)
(b) Art. II (Scope of Application)
Applies 1. Contractor (Sec. 9[b]) also builder; any person who
to undertakes or offers to undertake or purports to have the
capacity to undertake or submits a bid to, or does himself or by
or through others, construct, alter, repair, add to, subtract from,
improve, move, wreck or demolish any building, highway, road,
improvement, or to do any part thereof, including the erection of
scaffolding or other structures or works in connection therewith;
includes subcontractor and specialty contractor
2. General engineering contractor (Sec. 9[c]) person whose
principal contracting business is in connection w/ fixed works
requiring specialized engineering knowledge & skill, incl. the ff.
divisions/subjects: irrigation, drainage, water power/supply, flood
control, inland waterways, harbors, docks/wharves,
shipyards/ports, dams, hydroelectric projects, levees, river
control & reclamation works, railroads, highways, streets/roads,
tunnels, airports/airways, waste reduction plants, 2 bridges,
over/underpasses & other similar works, pipelines & other
systems for the transmission of petroleum & other
liquid/gaseous substances, land leveling/earthmoving projects,
excavating, grading, trenching, paving, & surfacing work
3. General building contractor (Sec. 9[d]) person whose
principal contracting business is in connection w/ any structure
& concrete works (incl. sewers, sewerage disposal plants &
2 Text says waste, reduction plants, x x x; I presume this is a typo.

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[CIAP NOTES] [v.1.0, 2017]
The Construction Industry Authority of the Philippines (CIAP) is the central authority of the Philippine construction
industry in the forefront of construction policy and program formulation, development, and implementation.

systems, parks, playgrounds & other recreational works,


refineries, chemical plants & similar industrial plants requiring
specialized engineering knowledge & skill, powerhouses, power
plants & other utility plants/installations, mines & metallurgical
plants, cements & concrete works in connection w/ the above-
mentioned fixed works) built, or to be built, for
support/shelter/enclosure of persons, animals, chattels, or
movable property of any kind, requiring in its construction the
use of more than 2 unrelated building trades/crafts or to do or
superintend the whole or any part thereof
4. Specialty contractor (Sec. 9[e]) person whose operations
pertain to the performance of construction work requiring special
skill & whose principal contracting business involves the use of
specialized building trades/crafts
Sec. 18 (incidental work not prohibited) nothing in RA
4566 shall prohibit a specialty contractor from taking &
executing a contract involving the use of 2+ crafts/trades,
if the performance of the work other than in w/c he is
licensed is only incidental/supplemental to the
performance of the latter
NOTE: Person (Sec. 9[a]) includes an individual, firm,
partnership, corporation, association or other organization, or any
combination of any thereof
Does 1. Public personnel (Sec. 10)
not 2. Finished products not actually fabricated into & w/c do not
apply become a permanent & fixed part of the structure (Sec. 11)
to 3. Construction, alteration, etc. of personal property (Sec. 12)
4. Minor work (i.e. w/ an aggregate contract price of less than

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[CIAP NOTES] [v.1.0, 2017]
The Construction Industry Authority of the Philippines (CIAP) is the central authority of the Philippine construction
industry in the forefront of construction policy and program formulation, development, and implementation.

P10K for labor/materials/all other items, re: one or more


contract[s]) XPN: (a) where the work is only a part of a
larger/major operation; or (b) where a division of the operation is
made in contracts of amounts less than P10K for the purpose of
evading or otherwise violating RA 4566 (Sec. 13)
5. Architects & engineers in their professional capacity (Sec. 14)
6. Material men (i.e. any person who only furnishes materials or
supplies w/o fabricating them into, or consuming them in the
performance of, the work of the contractor) (Sec. 15)
(c) Art. III; Rule 5, IRR (Classification of Contracting Businesses)
> General engineering contracting (Sec. 5.1(a), IRR)
> General building contracting (Sec. 5.1(b), IRR)
> Specialty contracting (Sec. 5.1(c), IRR)
Road, highway, pavement, & bridge
General
Irrigation & flood control
engineering
Dam, reservoir, & tunneling
contracting
Port, harbor, & offshore engineering
Building & industrial plant
General building Sewerage & sewage treatment/disposal plant & system
contracting Water treatment plant & system
Park, playground, & recreational park
Foundation work
Structural steel work
Concrete pre-casting & pre-stressing
Plumbing & sanitary work
Electrical work
Specialty Mechanical work
contracting In general
Ventilation-refrigeration
Elevator-conveyor
Fire protection work
Waterproofing work
Painting work

NOTES:
1. H
2. Per Sec. 17, a licensee may be classified in more than one classification if the
qualifications prescribed for subsequent ones are met (no additional
application/license fees reqd!)

(d) Arts. IV, IX-XI; Rules 3-7, IRR (Licensing)


The license shall:

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[CIAP NOTES] [v.1.0, 2017]
The Construction Industry Authority of the Philippines (CIAP) is the central authority of the Philippine construction
industry in the forefront of construction policy and program formulation, development, and implementation.

> Authorize the licensee to engage in construction contracting in PH, subject


to license type & classification restrictions (see Secs. 3.1 & 5.1, IRR)
> Be in the name of the successful applicant (i.e. licensee), whether a sole
proprietorship, partnership, corporation, joint venture, consortium, etc.
Each licensee, even w/ 1+ classification[s], is issued only 1 license!
License types (Rule 3, IRR) Regular & Special
REGULAR SPECIAL
Issued to dom. constr. firms Issued to a joint venture,
Authorizes the licensee to consortium, foreign constr.,
engage in contracting w/in or project owner
the field & scope of his Authorizes the licensee to
license classification(s) for engage only in the
as long as the license construction of a single
validity is maintained specific undertaking/project
through annual renewal, In case the licensee is a
unless renewal is denied or foreign firm, the license
the license is suspended/ authorization shall be further
cancelled/revoked for cause subject to condition(s) as
Issued only to PH sole may have been imposed by
Overview prop., partnerships, or the proper PH govt
(Sec. 3.1, corporation-constructor firms authority in the grant of the
3
IRR) w/ at least 70% PH equity privilege to so engage in
participation + duly construction contracting in
organized & existing under PH
& by virtue of PH laws Annual renewal shall be
required for as long as the
undertaking/project is in
progress, but shall be
restricted to only as many
times as necessary for
completion of the same
The Board may adopt a
different medium of
4
certification thereof

3 Art. 48 of EO 226, s. 1987 (the Omnibus Investment Code of 1987) adjusted this value to
60%. Whether this still holds to the present day, I have absolutely no idea. I have to look
into this.

4 as it did so adopt, giving rise to a set of concerns that it stifles competition.


Unfounded, BTW.

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[CIAP NOTES] [v.1.0, 2017]
The Construction Industry Authority of the Philippines (CIAP) is the central authority of the Philippine construction
industry in the forefront of construction policy and program formulation, development, and implementation.

NOTE: re: revision of licenses if the revision necessitates a


change in any of the information below, the cert. previously
issued shall be submitted to the Board for annotation thereon.
Name of licensee w/ name of AMO5 or proprietor, if a sole
proprietorship, appended thereto
License number
Dates of issue & expiry
Contracting classification(s) w/, if a multi-classification
Contents constructor, the principal classification identified as such
Constructor category
(Sec. 3.4,
Signatures of:
IRR) (a) The Chair & members of the Board, &
(b) The Chair of the Authority
Also including:
A title indicative of its type
Numbering in a series
separate from reg. licenses
x Identification of the single
specific undertaking/project
thereby authorized + other
conditions, if any
One (1) fiscal year (7/1 Cancelled by the Board upon
6/30) unless suspended, completion of the single
Validity invalidated, cancelled, or specific undertaking/project
(Sec. 3.2, revoked earlier by the Board authorized by the license & to
Renewed annually w/c it is restricted, even before
IRR) A license issued after 7/1 expiry of the fiscal year
shall be valid for the
remainder of the fiscal year
Terms & The license is:
condition 1. Non-transferrable
s (Sec. 2. Valid during the contracting fiscal year for w/c it was issued,
3.3, IRR) provided it has not been suspended/cancelled/removed*
3. To be renewed annually on or before its expiration*
* These seem to be applicable only as regards regular licenses
The licensee:

5 Authorized Managing Officer, i.e. the sole management representative of a constructor,


duly appointed by the constructor & authorized by the Board to act for and in behalf of the
constructor in all matters concerning reqs. of the Board & implementation of RA 4566 & PD
1746 (Rule 1, Sec. 1.1(q), IRR)

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[CIAP NOTES] [v.1.0, 2017]
The Construction Industry Authority of the Philippines (CIAP) is the central authority of the Philippine construction
industry in the forefront of construction policy and program formulation, development, and implementation.

1. Must
(a) Notify the Board in writing of resignation or disassociation
of any of its Sustaining Technical Employee(s) 6 & replace
said STE w/in a period of 90 days from the date of
resignation/disassociation
(b) Submit reports that may be required from time to time
(c) Observe & abide by the provisions of RA 4566, its IRR,
and other orders/instructions w/c the Board may issue
from time to time pursuant to its rule-making power
(d) Observe[/adhere to] the Code of Ethics for Constructors
(e) Re: upgrade of category, addition of classifications
may be made upon formal application by the licensee +
all the necessary supporting documents
2. Must not
(a) Submit any bid, or enter into any construction contract
after the license has expired & before the same is
renewed, otherwise the constructor shall be deemed
operating w/o a license & therefore
(b) Undertake/implement any construction project not w/in
the scope of classification, otherwise he shall be
liable to disciplinary action & payment of addl license fee
(c) Re: misrepresentation/false info. submitted to the Board
subjects the licensee to administrative disciplinary
action, w/o prejudice to imposition of penal sanctions
3. [s] qualification is subject to review at any time to ascertain
the constructors eligibility to the present classification &
category of his license
4. who is retiring from the construction business must: (a)
advise the Board in writing; & (b) immediately surrender his
license to the latter for cancellation
Requirements:
> Qualifications (Sec. 20)
(a) 2 years of experience in the construction industry
(b) Knowledge of (a) PH building, safety, health, & lien laws, & (b)
rudimentary administrative principles of the contracting business
as the Board deems necessary for the safety of the public
6 A Sustaining Technical Employee is a constructors nominee from among his technical
personnel, who is approved as such by the Board & whose training & experience are to sustain
the constructors classification eligibility and/or to accrue to the constructors credit rating in
categorization. (Rule 1, Sec. 1.1(p), IRR) so, basically, the STEs are the reason why a
constructor is classified a certain way?

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[CIAP NOTES] [v.1.0, 2017]
The Construction Industry Authority of the Philippines (CIAP) is the central authority of the Philippine construction
industry in the forefront of construction policy and program formulation, development, and implementation.

NOTE: Re: corporations, partnerships, etc. a responsible managing officer


appearing personally before the Board shall be reqd to prove that:
(1) He is a bona fide responsible officer of such firm;
(2) He exercises, or is in a position to exercise, authority over the contracting
business of his principle/employer in the ff. manner:
To make technical & administrative decisions; &
To hire/suspend/promote/transfer/lay-off/discipline employees
> Examination (Secs. 19, 25)
GR: Required! (may be oral or in writing, or both, at the discretion of the
Board [lets refer to the IRR about this later ])
XPN: Contractors actively engaged in the construction industry at the
effectivity of RA 4566 & licensed as such for the last 5 years may,
upon application, be issued a license w/o need of examination
Submission of application + fee (P50) + exam (P60) [+ investigation, if
reqd] = issuance of license (Sec. 23) w/in 15 days after approval
Renewal of license:
> Application (Sec. 40): filed w/ the registrar not later than June 30 of each
fiscal year, w/ annual renewal fee (P50 [P60 for subsequent renewals])
> No license w/c has been under suspension for 1 year immediately
preceding the filing of a renewal application shall be renewed! (Sec. 41)
Disassociation:
> Disassociation, defined: when an individual who
(c) Qualified (re: license) ceases for any reason whatsoever to be
connected with a licensee under RA 4566; or
(d) Has (1) been denied a license, or (2) had his license
revoked/suspended, or (3) failed to secure the restoration of a
suspended license, shall in any way be associated w/ or
employed by a licensee ( w/c begs the Q how is this
disassociation?)
> What needs to be done in light of disassociation? the licensee must
notify the Board in writing, 10 days from such cessation/assocation
Effect of notice: may entitled the license concerned to remain in
force w/in a reasonable period as determined by the IRR (later)
Effect of failure to notify (Sec. 22): ipso facto suspension of license
Remedy: restoration of license (affidavit* reqd!)
* Re: affidavit
1. Executed by the licensee or the duly authorized
responsible managing officer of the licentiate firm
2. To the effect that: (a) the person originally appearing
for examination on behalf of the licensee has been
replaced by another individual, (b) this individual has
been qualified by examination, (c) he can comply w/
the provision of Sec. 22, ( but how could this reqt

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[CIAP NOTES] [v.1.0, 2017]
The Construction Industry Authority of the Philippines (CIAP) is the central authority of the Philippine construction
industry in the forefront of construction policy and program formulation, development, and implementation.

be met, when Sec. 22 only deals with the matter of


failing to notify w/in the 10-day period?) & (d) he
has not had his license suspended or revoked, or he
has not been connected w/ a licensee whose license
has been suspended or revoked due to lack of GMC
Licensed partnership dissolved by death of a partner (Sec. 14) the surviving
partners shall be entitled to continue in business under the license until its
expiration date if an application for permission is made w/in 30 days after the
death of the deceased partner, & approved by the Board
Miscellanea (Art. IX)
> License required in biddings (Sec. 36) all architects & engineers
preparing plans & specifications for work to be contracted in PH shall
include in their invitation, etc. a copy of RA 4566 (or such portions thereof
as deemed necessary) to convey to the invited bidder the info that it will
be necessary for him to have a license before his bid is considered
(e) Art. V (Records) i.e. list of (1) names/addresses of licensed contractors, (2)
licenses issued/suspended/revoked, & (3) such info as deemed proper
> Publication (Sec. 26)
(e) The list: at least once a year, in a newspaper of general
circulation
(f) Copies: may also be furnished by the Board upon request to
any firm or individual upon payment of a reasonable fee as fixed
by it
> Re: changes of personnel/name/style/addresses (Sec. 27) to be
reported to the Board w/in 30 days after the changes are made
(f) Art. VIII (Enforcement)
> All duly-constituted law enforcement officers are duty-bound to (1) enforce
the provisions of RA 4566, & (2) report violations to the Board (Sec. 33)
> Re: unlicensed contractors engaging or attempting to engage in
contracting the Board shall have the right to (1) institute the proper
action in court, & (2) secure a writ of injunction w/o bond (Sec. 34)
(g) Arts. VI-VII (Disciplinary Action, Proceedings, & Penalties)
Causes 1. Willful & deliberate abandonment w/o lawful and/or just
(Secs. excuse of any construction project/operation engaged in or
28, 35, undertaken by the licensee as a contractor (28[a])
37-38) 2. Willful, material, & substantial departure from/disregard
of plans and/or specifications in any material respect, &
prejudicial to another w/o consent of the owner/person
entitled to have the particular construction
project/operation completed in accordance w/ such plans
and/or specifications of their duly authorized
representations (28[b])
3. Willful misrepresentation of a material & substantial fact

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[CIAP NOTES] [v.1.0, 2017]
The Construction Industry Authority of the Philippines (CIAP) is the central authority of the Philippine construction
industry in the forefront of construction policy and program formulation, development, and implementation.

by an applicant in obtaining a license (28[c])


4. Aiding/abetting an unlicensed person to evade the
provisions of RA 4566, or knowingly combining/conspiring
w/ an unlicensed person, or allowing ones license to be
used by an unlicensed person, or acting as
agent/partner/associate/otherwise of an unlicensed person
w/ the intent to evade RA 4566 (28[d])
5. Failure to comply w/ the provisions of RA 4566 (28[e])
> Where any person who is a responsible
managing partner/officer/employee of a licensed
partnership, corporation, firm, association, or
other organization individually engages in
contracting w/o a license (37)
> Where 2+ licensees jointly submit a bid, or
otherwise act in the capacity of a contractor w/o
first having secured an additional license for
acting in the capacity of such a joint
venture/combination, etc. (38)
6. The doing of any willful/fraudulent act by the licensee as
a consequence of w/c another is injured/damaged (28[f])
7. Participation by a licensee in the performance by any
partnership/corporation/firm/association, of w/c he is a
responsible managing partner/employee/officer, of any
act/omission constituting a cause of disciplinary action
under RA 4566 (28[g])
8. Misconduct (Sec. 35): where any unlicensed entity
> For a price/commission/fee/wage,
submits/attempts to submit to construct, or
contracts/undertakes to construct, or assumes
charge in a supervisory capacity of a
construction work w/in the purview of RA 4566;
> Presents/files the license certificate of another;
> Gives false evidence of any kind to the
Board/any member thereof in obtaining a
certificate/license;
> Impersonates another; or
> Uses an expired/revoked certificate/license
1. Jurisdiction (Secs. 29, 32):
Disciplinary
> To investigate the action of any contractor, &
proceeding
suspend/revoke any license if the holder thereof
s (Art. VII)
has committed any one or more of the

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[CIAP NOTES] [v.1.0, 2017]
The Construction Industry Authority of the Philippines (CIAP) is the central authority of the Philippine construction
industry in the forefront of construction policy and program formulation, development, and implementation.

acts/omissions constituting causes for


disciplinary action
> Upon verified complaint of any person, or motu
proprio
> The lapse/suspension/voluntary surrender of a
license shall not deprive the Board of jurisdiction
2. Prescriptive period (Sec. 30):
GR: 1 year after the act or omission alleged as ground
XPN Re: misrepresentation (Sec. 28[c]) 2 years after
: the discovery of the Board of the alleged facts
constituting the offense
3. Restoration/renewal of license:
1. Suspension/revocation of license
(c) Renewal/reissuance of revoked license: w/in 1
year after the final decision of revocation upon
proper showing that:
> All losses caused by the act/omission for
Penalties w/c the license was revoked have been
(Secs. fully satisfied, &
31, 35) > All conditions imposed by the decision of
revocation have been complied w/
(d) Lifting of suspension: upon proof of compliance
by the contractor w/ the requirements &
conditions set forth by the Board
2. Re: misconduct pay a fine of P500, P5000
Work on the IRR, alright?
3. PD 1167 (Overseas Construction Incentives Decree [POCB])
1. IRR of PD 1167
4. EO 1008 (CIAC Law)
1. Rules of Procedure Governing Construction Arbitration
2. CIA Resolution No. 9-98 (CIAC Rules of Conciliation)

NATIONAL BUILDING CODE


OF THE PHILIPPINES
(RA 6541, as amended by PD 1096)
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