REGULATION OF THE PRACTICE OF FOREIGN CIVIL ENGINEERS

ALOWED BY LAW TO PRACTICE CIVIL ENGINEEIRNG IN THE

PHILIPPINES
INTRODUCTION
The Philippine government has moved towards regulating the practice of foreign
civil engineering in the country. In January 20, 1998 the Professional Regulation
Commission (PRC) passed Resolution 98-547 containing guidelines for the registration
and/or issuance of temporary special permits to foreign professionals allowed by
Philippine laws to practice regulated professions. The PRC is the government agency that
administers, implements and enforces regulatory and licensing policies concerning
various professional occupations. In October 12, 1998 the PRC's Board of Civil
Engineering likewise passed Resolution 17 s. 1998 containing the requirements for the
registration and/or issuance of temporary special permits to foreign civil engineers. The
Board of Civil Engineering implemented the resolution within the year.
Republic Act No. 544 or the Civil Engineering Law states that the practice of
civil engineering covers services in the form of consultation; design; and
preparation of plans, specifications and estimates. It also includes erection,
installation and supervision of the construction of streets, bridges, highways,
railroads, airports and hangars, ports, canals, river and shore improvements,
lighthouses, dry docks, buildings and fixed structures for irrigation, flood
protection, drainage, water supply, sewerage works, etc. Services related to
the
demolition
of
permanent
structures
are
also
covered.
LEGAL BASIS
Article XII Section 14 of the Philippine ConstitutionThe practice of all professions
in the Philippines shall be limited to Filipino citizens, save in case prescribed by law.
There is a need to identify the laws and prescribe guidelines to register foreigners
who qualify under such laws.
Laws that created the Professional Regulation Commission and the various
professional regulatory boards.
Laws that allow foreign parties to enter into contract with the Philippine
Government.
Laws that allow foreign parties to invest in the Philippines.
International conventions and agreements for which the Philippines is a party to.
Section 7(j) and 7(l) of RA 8981--Powers, Functions and Responsibilities of the
Professionla regulation Commission The powers, functions, and responsibilities of
the Commission are as follows:

(j) Upon recommendation of the Professional Regulatory Board concerned, to

approve the registration of and authorize the issuance of a certificate of
registration/license and professional identification card with or without
examination to a foreigner who is registered under the laws of his state or country
and whose certificate of registration issued therein has not been suspended or
revoked: Provided, That, the requirements for the registration or licensing in said
foreign state or country are substantially the same as those required and
contemplated by the laws of the Philippines and that the laws of such foreign state
or country allow the citizens of the Philippines to practice the profession on the
same basis and grant the same privileges as those enjoyed by the subjects or
citizens of such foreign state or country: Provided, further, That, the Commission
may, upon recommendation of the Board concerned, authorize the issuance of a
certificate of registration/license or a special temporary permit to foreign
professionals who desire to practice their professions in the country under
reciprocity and other international agreements; consultants in foreign-funded,
joint venture or foreign-assisted projects of the government, employees of
Philippine or foreign private firms or institutions pursuant to law, or health
professionals engaged in humanitarian mission for a limited period of time:
Provided, finally, That agencies, organizations or individuals whether public or
private, who secure he services of a foreign professional authorized by law to
practice in the Philippines for reasons aforementioned, shall be responsible for
securing a special permit from the Professional Regulation Commission (PRC)
and the Department of Labor and Employment (DOLE), pursuant to PRC and
DOLE rules:
(l) To supervise foreign nations who are authorized by existing laws to practice
their professions either as holders of a certificate of registration and a professional
identification card or a temporary special permit in the Philippines; to ensue that
the terms and conditions for their practice or of their employment are strictly
complied with; to require the hiring or employing government agency or private
entity/institution to secure a temporary special permit from the concerned Board
subject to approval by the Commission and to file a criminal complaint against
the head of the government agency or officers of the said private entity/institution,
who shall be liable under the penalty provided for in the concerned professional
regulatory law or the penalty imposed pursuant to this Act, when the professional
was hired and allowed to practice his/her profession without permit; to file upon
due process request for deportation with the Bureau of Immigration and
Deportation (BID); and to supervise professionals who were former citizens of the
Philippines and who had been registered and issued a certificate of registration
and a professional identification card prior to their naturalization as foreign
citizens, who may, while in the country on a visit, sojourn or permanent residence,
practice their profession: Provided, That, prior to the practice of their profession
they shall have first been issued a special permit and updated professional
identification card by the Board concerned subject to approval by the Commission
and upon payment of the permit and annual registration fees;

BOARD OF CIVIL ENGINEERING RESOLUTION OF 1998

Objectives
1. To insure that all civil engineers allowed practicing civil engineering in the
Philippines, Filipino or foreigner is registered with the Board of Civil Engineering.
2. To insure that only foreign civil engineers allowed to practice are practicing civil
engineering, and within the limits of their authorization.
3. To insure that foreign civil engineers not allowed practicing, do not practice.
Components
1. Identify foreign civil engineers allowed by law to practice civil engineering in the
Philippines.
2. Install registration procedures.
3. Coordinate with government agencies dealing with foreigners.
4. Coordinate with the private sector.
5. Coordinate with professional organizations.
6. Install monitoring/prosecution capability.
7. Enable imposition of penalties.
Foreign Civil Engineers Allowed to Practice
1.

Civil engineers of countries with reciprocity with the Philippines.

Presently, this does not apply to Americans since the U.S. and the Philippines
do not have a reciprocity agreement. Reciprocity exists when the governments
of the Philippines and a foreign country allows each others citizens to
practice civil engineering in each others country without restriction or to
practice, after passing an examination, on equal terms with citizens of the
Philippines or the foreign country. (Section 7j of RA 8981 and Section 25 of RA 544).
Requirements
Under the resolution, civil engineers that will practice in the Philippines under
category 1 need to secure a certificate of registration without examination before
practicing their profession in the Philippines.
Proof that Filipinos are allowed to practice civil engineering in the foreigners
country, on terms of strict and absolute equality with their citizens.
Proof that the foreigner is a registered civil engineer and is licensed to practice
civil engineering in his/her country.
Proof that the foreigners country gives unconditional recognition of degrees
issued by institutions of learning duly recognized by the Philippines.

 Certification by the Bureau of Immigration that the foreigner has resided in the
Philippines for at least three years prior to the date of application.
Personal Data Sheet.
Application to be prepared and accomplished by the foreigner-applicant.
2.

Foreign civil engineers employed directly by the Philippine government for

consultation or specific design and construction of fixed structures. (Section 15b of
RA 544 and Loan Agreements).
Requirements
Those who fall under category 2 need temporary special permits.
Certification that the foreigner is being called in by the Philippine Government.
Proof that the foreigner is a registered civil engineer and is licensed to practice
civil engineering in his/her country.
Detailed plan on transfer of technology.
Personal Data Sheet.
Application to be accomplished and submitted by the government agency availing
of the services of the foreigner.

3.

Internationally known experts or specialists. (Section 7j of RA 8981).

Requirements
Those who fall under category 3 should apply for the issuance of a certificate of
registration without examination or secure a temporary special permit.
Proof that the foreigner is a registered civil engineer and is licensed to practice
civil engineering in his/her country.
Certification by PICE that the foreigner is an internationally known expert in civil
engineering.
Certification by PICE that the services of the foreigner are urgently necessary
either for lack or inadequacy of local experts or will promote the advancement of
civil engineering in the Philippines.
Detailed plan on transfer of technology.
Personal Data Sheet.
Application to be accomplished and submitted by the entity, government or
private, availing of the services of the foreigner.

4.

Foreign civil engineers brought into the Philippines as experts, consultants or

advisers by foreign parties through contracts with the Philippine government.
The foreign party may have a contract with the government to finance or
undertake the construction of a government project.

Requirements
Those who fall under category 4 need temporary special permits.
Certification by the head of government agency that the foreigner is being brought
in by private parties through contracts with the Government.
Proof that the foreigner is a registered civil engineer and is licensed to practice
civil engineering in his/her country.
Personal Data Sheet.
Application to be accomplished and submitted by the government agency entering
into contract with the foreign parties.
5.

Foreign civil engineers hired by foreign investors who are allowed by law to
employ foreign nationals.
Requirements
Those who fall under category 5 need temporary special permits.
Certification by the head of agency that the foreigner is being brought in by
private parties allowed by law to employ foreign nationals.
Proof that the foreigner is a registered civil engineer and is licensed to practice
civil engineering in his/her country.
Personal Data Sheet.
Application to be accomplished and submitted by the agency entering into
contract with the foreign parties.

6.

Foreign civil engineers allowed practicing in the Philippines under

international conventions or agreements.
Requirements
Those who fall under category 6 should apply for the issuance of a certificate of
registration without examination or secure a temporary special permit.
Copy of international agreement being invoked by the foreigner.
Documents, if any, which are required by the terms of international agreement
being invoked.
Proof that the foreigner is a registered civil engineer and is licensed to practice
civil engineering in his/her country.
Personal Data Sheet.
Application to be prepared and accomplished by the foreigner-applicant.

7.

Foreign civil engineers not covered above but who can invoke a law, provision
of a law, decree or similar documents, including contracts entered into by the

government

that

allow

them

to

category

practice

in

the

Philippines.

Requirements
Those

who

fall

under

need

temporary

special

permits.

Legal basis being invoked.

Documents, if any, which are required by the legal basis being invoked.
Proof that the foreigner is a registered civil engineer and is licensed to practice
civil engineering in his/her country.
Personal Data Sheet.
Application to be prepared and accomplished by the foreigner-applicant.
BASES FOR EVAUATION
The bases for the Board of Civil Engineerings evaluation of the application for
registration or the issuance of a special temporary permit are stated in the resolution. If all
the requirements are satisfied, the Board of Civil Engineering will recommend that the
PRC issue a certificate of registration without examination or temporary special permit,
with the scope and limitations stated in the permit. The Philippine president needs to
approve the application for registration or special temporary permit for categories 3 and
6. The resolution states that any government official or private person who engages the
services of foreign civil engineers without a certificate of registration or temporary
special permit will be prosecuted.
DISCUSSION OF THE RESOLUTION WITH OTHER AGENCIES
The Board of Civil Engineering discussed the resolution with government entities such as
the National Economic and Development Authority (NEDA) and the Department of
Public Works and Highways (DPWH); and relevant professional organizations, i.e.,
Council of Engineering Consultants of the Philippines (CECOPHIL), Philippine Institute
of Civil Engineers (PICE) and Confederation of Filipino Consulting Organizations
(COFILCO) in January 8, 1999. Although the Board of Engineering can already
implement the resolution, it decided to secure the formal endorsement of the NEDA
Board before requiring foreign civil engineers to secure certificates of registration or
special temporary permits. The Board of Engineering requested the Office of the
President and Congress to issue directives urging government agencies to comply with
the resolution.
The application forms for the certificate of registration and special temporary permit are
available at the PRC's International Division. The latter was created in October 1997 to
accept and process foreigner's application forms.