Title
Rules for Construction Industry Authority of the Philippines
Law
Ciap Board No. 1, S. 1998
Decision Date
Mar 13, 1998
The Implementing Rules and Regulations (IRR) of Presidential Decree No. 1746 aim to promote the growth and development of the local construction industry in the Philippines, covering all professional and business undertakings within the industry and defining various terms and distinctions, while the Construction Industry Authority of the Philippines (CIAP) and its implementing agencies provide the necessary environment for both the private and public sectors to operate in.

Definitions of Key Terms

  • "Decree" refers to Presidential Decree No. 1746.
  • "Authority" means the CIAP established under PD 1746.
  • "CIAP Chairman" is the Secretary of Trade and Industry.
  • "Implementing Agencies" include the PCAB, POCB, and PDCB.
  • Definitions clarify roles and identify Filipino and foreign contractors, distinctions between public, private, domestic, overseas constructions etc.

Composition and Structure of the CIAP

  • The Authority is composed of ten members including various Secretaries and private sector representatives.
  • The Chairman may designate an ex-officio member for Middle East construction interests.
  • The Authority meets at least quarterly with a quorum of a simple majority.
  • Members do not receive compensation but may get per diems.

Executive Office and Leadership

  • The CIAP Executive Office is staffed with technical, legal, and management personnel.
  • It is headed by a full-time Executive Director appointed by the CIAP Chairman.
  • The Executive Director monitors policy implementation and reports directly to the Authority.

Functions and Coordination of the Authority

  • Coordinates government policy and programs affecting the construction industry.
  • Acts as the policy-maker for licensing, accreditation, investment programs, dispute resolution, technology advancement, and overseas market promotion.
  • Formulates a development agenda encompassing public/private sector policies and international agreements.
  • The Authority is attached to the Department of Trade and Industry for coordination.

Jurisdiction and Administrative Supervision

  • Exercises jurisdiction over PCAB, POCB, and PDCB responsible for licensing, accreditation, overseas projects, and domestic construction policies.
  • Has administrative supervision over CIAC, without interfering on its quasi-judicial functions.

Powers and Duties of Implementing Agencies

  • PCAB: Licenses Filipino and foreign contractors; adopts codes of ethics; investigates violations; maintains public lists; can seek injunctions against unlicensed contractors.
  • POCB: Registers Filipino contractors for overseas projects; explores international markets; authorizes exportation of materials; negotiates bilateral agreements; monitors contractor performance.
  • PDCB: Formulates policies for bidding, award, and contract implementation; monitors contractor performance and blacklists erring contractors; develops standard contract terms.

Role and Powers of the Construction Industry Arbitration Commission (CIAC)

  • Provides a non-judicial and expedited arbitration process for construction disputes.
  • Promotes arbitration as an alternative dispute resolution mechanism.

Secretariats and Administrative Support

  • Each implementing agency maintains a Secretariat led by an Executive Director appointed by the Authority.
  • Staffing and budgets follow government regulations.

Implementation and Amendment of Rules

  • CIAP formulates and issues implementing rules and regulations consistent with the Decree.
  • An IRR Amendments Committee may be constituted to recommend updates.
  • The provisions are separable; invalid provisions do not affect the rest.
  • The rules take effect fifteen days after filing certified copies with the National Administrative Register.

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