RA 4374 GEODETIC ENGINEERING LAW (APPROVED: 19 JUNE 1965)

- An act to regulate the practice of Geodetic Engineering in the Philippines

- “Surveyors” to “Geodetic Engineers”
- Board of Examiners for Geodetic Engineer - Chairman and 2 Members, all appointed by the
President of the Philippines
- Qualifications of Board Members:
• Citizen and resident of the Philippines;
• At least 31 years of age and of good moral character;
• Registered geodetic engineer (RGE)
• In active practice of the GE or Surveying profession for at least ten years in or outside of the
government service;
• Not a member of the faculty of any school, institute, college or university where a regular
course in GE or Surveying is taught, or if he has been a faculty member, he has stopped
teaching therein for at least three consecutive years, immediately preceding appointment;
• Not pecuniary interested, directly or indirectly, in any school, institute, college or
university where a regular course in GE is taught.
-Term of Office: Chairman - 3 years one member - 2 years one member - 1 year
-Inhibition against practice of Geodetic Engineering - Should hold a valid certificate of
registration as geodetic engineer issued by the board.

- WHAT A NON-REGISTERED GE CANNOT DO:

(a) Perform professional services as geodetic engineer; or
(b) Survey and prepare plan of land for registration in the registry of property without a
registered GE's supervision; or
(c) Undertake any work in which a transit, theodolite, and/or tape is used, for purposes of
property registration;
(d) Survey and prepare topographic, hydrographic and economic maps for social, economic
and engineering studies or planning; or
(e) Be engaged as instructor or professor in a technical subject in any geodetic engineering
course in any school or college; provided, that this provision shall not apply to military or
nautical schools.
EXAMINATION
All applicants for registration for the practice of geodetic engineering shall undergo a
technical examination.
Qualifications of Applicant:
• Filipino citizen or a foreigner qualified to take the examination (Foreign Reciprocity for
foreigner)
• At least 21 years old
• In good health and of good moral character
• Holder of degree of BS Geodetic Engineering from any school, institute, college or university
recognized by the Government.
SCOPE OF EXAMINATION:
• Mathematics • Theory and practical problems in surveying • Cartography • Laws on property
and registration of title • Geodesy • Other subjects prescribed by the Board
RATINGS IN EXAMINATION:
Passing rate: general average of 70%, with no rating below 50% in any subject
An applicant who fails to obtain a passing average rating but who obtained at least 70% in each
of at least a half of the total subjects given in the examination, may be permitted to take within
two years from the date of his first examination, another examination on the subjects in which he
obtain a grade below 70%. If the examinee fails in the set of subjects repeated, he shall be
required to take all the subjects in the next examination.
Note: In 1998, this republic act is repealed by the Philippine Geodetic Engineering Act of
1998 (RA 8560)
RA 8560 PHILIPPINE GEODETIC ENGINEERING ACT OF 1998
Amended by RA 9200 March 2003
-Under RA 8560, no more Junior GE examination; Junior GEs may still practice within 5 years
within which they shall be required to finish BS GE course, the completion of which shall
qualify them to take the GE licensure exam.
-Under RA 9200 - Registration Without Examination. - All incumbent Junior GEs shall be
issued a certificate of registration and a professional identification card without
examination provided that they have been in active practice of GE for at least 3 years and
are holders of degrees in BS GE, or are holders of degrees in BS CE, or are Associates in GE
or are Associates in Surveying. Junior GEs who qualify for upgrading to GE without
examination shall file their application for upgrading within 3 years from the effectivity of this
Act.
RA 9200: Indication of Certificate of Registration Number and PTR. (RA 8560: Indication
of License and PTR)
Practice of Geodetic Engineering - Professional and organized act of gathering physical
data on the surface of the earth with the use of precision instruments; scientific and
methodical processing of these data and presenting them on groups, plans, maps, charts or
documents.
Geodetic Engineer: A natural person who has been issued a certificate of registration by the
Board of Geodetic Engineers and has taken the Oath of Profession of GE.
The Board of Geodetic Engineering - Headed by a Chairman and two other Board
Members appointed by the President of the Philippines, chosen from a list of 3
recommendees for each position.
Qualifications (for members of the board):
• must be a natural born Filipino citizen
• at least 40 years of age
• a registered GE who practices for more than 10 years prior to appointment
• must not be a member of faculty of any school, academy, institute, college or university
where a regular course in GE is being taught
• must not be connected with a review center or with any group or association where review
classes or lectures in preparation for the licensure examination for a period of 3 consecutive
years prior to appointment.
• must not have been convicted of any offense involving moral turpitude
TERM OF OFFICE:
Board Members - one shall serve for 3 years, the other for 2 years and the third for 1 year

Chairman -a term consists of 3 years; chairman may be reappointed for another term but
shall not serve continuously for more than 6 years

LICENSURE EXAMINATION
Qualifications of Applicant for Examination
• Filipino citizen
• A graduate of BS GE in a school, academy, institute or college duly recognized by the
Government
Scope of Examination (1) Mathematics; (2) Theory and Practice of Surveying; (3) Property
Surveying including Isolated, Cadastral, Mineral and Mining Surveys; (4) Cartography
and Photogrammetry; (5) Geodesy, Geodetic Surveying and Least Squares; (6) Engineering
Surveys and Construction Surveying; (7) Laws on Natural Resources including Laws on
Property, Land Registration and Agrarian Reform; (8) Laws on Obligations and
Contracts; (9) Code of Ethics of the Profession.

RATING IN BOARD EXAMS

Passing rate: general weighted average of 70%. There should be no grades lower than 55%. If the
average is 70% but the examinee got a grade less than 55% in one or more subjects, he must take
another examination in such subject or subjects where he obtained a grade below 55%.
When an examinee failed the board exam thrice, he will be suspended from taking the
board exam and will only be allowed after a year has lapsed.
OATH AND LICENSURE

-The Board shall submit to the Commission the rating obtained by each candidate within
20 days after the examination.
-All successful candidates shall be required to take an OATH OF PROFESSION before the
Board or any government official authorized to administer oaths before practicing the
profession.
-A Certificate of Registration and a professional license shall be issued to successful
examinees subject to payment of Registration fees.
GE SEAL: Upon registration, each registrant shall obtain a seal with same design as the Board
of Geodetic Engineering seal. All plans and specifications prepared by a registered GE shall be
stamped with this seal during the validity of the professional license.
GROUNDS FOR SUSPENSION AND REVOCATION OF LICENSE, CANCELLATION
OF TEMPORARY/ SPECIAL PERMIT:
• Use or perpetration of any fraud or deceit in obtaining Certificate of Registration
• Incompetence
• Negligence
• Abetment of illegal practice of GE
• Violation of the provisions of the GE act and its IRR
• Violation of policies of the board including the Code of Ethics for GE.
In case of suspension/revocation/cancellation of license, appeal to the Commission can be
performed within 15 days from written notice.
FOREIGN REPROCITY
No foreign GE shall be issued a temporary license to practice the GE profession unless the
country of which he is a subject or citizen specifically permits Filipino GEs to practice
within its territorial limits on the same basis as the subjects or citizens of such foreign state or
country.

REVISED GUIDELINES AND PROCEDURE IN THE FILING

AND PROCESSING OF APPLICATIONS FOR LICENSURE
EXAMINATION OF REPEATER EXAMINEES/APPLICANTS
PRC Resolution No. 2020-1267 (s.2020), August 28, 2020
1. Repeater examinees who took the licensure examinations from June 2018 and onwards shall
no longer be required to personally file their applications and submit copies of Transcript of
Records and NSO Birth Certificates in PRC Regional Offices and PRC Service/Offsite Centers;
2. Upon online submission of application for licensure examination and payment of examination
fee through the duly accredited payment channels, the repeater examinee/applicant shall print the
system-generated Notice of Admission (NOA) which shall be presented to the examination
personnel/supervisor on the day/s of the licensure examination; Please see step-by-step
procedure in filing online examination application without appointment (for repeaters);
3. Scanned copies of other documents required by respective regulatory laws, such as certificate
of completion of refresher course, NBI/Police clearance, good moral certificate, and regional
trial court clearances shall be submitted through the official email address of the concerned
Regional Office/Service Center. Non-submission or failure to submit the required documents
within seven (7) days upon online issuance of NOA shall cause the cancellation of said
application for licensure examination;
4. Original/photocopies of said documentary requirements shall be submitted personally during
the initial registration when they passed the licensure examination;
5. System-generated Seat Plan compared with the NOA will be the basis of the examinee's
identity during the licensure examination.

CODE OF ETHICAL AND PROFESSIONAL STANDARDS FOR

GEODETIC ENGINEERS (BGE, BOARD RESOLUTION NO. 03,
SERIES OF 2003, APRIL 30, 2003)
A geodetic engineer or a junior geodetic engineer shall:
In all HUMILITY, always recognize the CREATOR as the source of the Light that illuminates
his professional path and the Force that leads to the attainment of his objective
Always be possessed with the highest standards of INTEGRITY, HONESTY and
COMPETENCE in rendering professional service to his client.
INTEGRITY, HONESTY and COMPETENCE It will be considered unethical for him (the GE or
Junior GE) to:
1- Act for his client or employer in professional matters other than as faithful agent or trustee;
2- Charge his client or employer any remuneration other than his stated professional charges for
services rendered or to be rendered in accordance with their contract of services;
3- Take advantage for a fee of his authority to practice as geodetic engineer or junior geodetic
engineer in the execution of geodetic engineering work not done by him personally or executed
under his direct supervision;
4- Take advantage of the ignorance, credulity, or confidence of his clients or employers and other
persons with whom he deals; and
5- Act in any manner or engage in any practice which will tend to discredit the honor and dignity
of the geodetic engineering profession.
FAIR It will be considered unethical for him to:
1- Cause injury maliciously, directly or indirectly to the good name, the professional reputation,
prospect or business of another geodetic engineer or junior geodetic engineer;
2- Attempt to supplant another geodetic engineer or junior geodetic engineer after definite steps
have already been taken towards the latter's employment;
3- Underbid another geodetic engineer or junior geodetic engineer by reducing his usual rate
after knowing the rate offered by the other geodetic engineer or junior geodetic engineer;
4- Advertise in self-laudatory language, or in other manner derogatory to the dignity of the
profession;
5- Hire the employee or employees of a fellow geodetic engineer or junior geodetic engineer
without the prior knowledge or consent of the latter;
6- Review the work of another geodetic engineer or junior geodetic engineer for the same client
except with the knowledge and consent of said geodetic engineer or junior geodetic engineer or
unless the contract of said geodetic engineer or junior geodetic engineer with said client has been
terminated formally; and
7- Criticize publicly a geodetic engineer or junior geodetic engineer in connection with a job he
has done;
8- To use the advantages of being a salaried employee to compete unfairly with the geodetic
engineers or junior geodetic engineers in private practice.
LAW-ABIDING
It will be considered unethical for him to:
1- Practice the profession without a valid license/registration from the PRC and without paying
the privilege tax to the government agency concerned;
2- Join in his professional capacity a firm, partnership, association or corporation which
represents itself as a geodetic engineering entity, but actually, is not authorized under the law.
3- Refuse to serve in his professional capacity when required by the State in cases under
litigation whether administratively or judicially, or in cases of national emergency;
4- Give false testimony in administrative or judicial proceedings;
5- Undertake a job for which he is not qualified under the law, e.g. a junior geodetic engineer
executing a survey in excess of the limits allowed by law or regulations;
6- Refuse or neglect to report to the authorities concerned erroneous surveys discovered in the
course of undertaking his job;
7- Refuse or neglect to pay his workers and employees just wages agreed upon and to provide
benefits mandated by law; and
8- Engage in/or Render service to, or work with, any person or entity involved in illegal or
unlawful activities.
Participate in IMPROVING and ELEVATING the STANDARDS of the profession by
exchanging relevant information and experience...
Be Enthusiastic and devoting in imbuing ESPRIT DE CORPS...
SOCIAL RESPONSIBILITY...
***Violation of the Code shall be dealt with pursuant to Section 22, Article IV of RA 8650
National Organization of GE Profession A GE should be part of one national organization
recognized by the Board and by the Commission, the Association of Professional Geodetic
Engineers presently Geodetic Engineers of the Philippines Inc.

BOARD OF GEODETIC ENGINEERING

EPIFANIO D. LOPEZ – Chairman
RANDOLF S. VICENTE – Member
CONCORDIO D. ZUNIGA – Member
PROPERTY AND OWNERSHIP
PROPERTY-all things which are or may be the object of appropriation
Rights as property:
Real right -right or interest belonging to a person over a specific thing without a definitive passive subject
against whom such right may be personally enforced; Land and anything permanently attached,
Buildings, Water, Minerals on and below the earth, trees, crops, airspace above surface
Personal right -right of a person to demand from another as a definitive passive subject, the fulfilment of
latter's obligation; Clothing, Jewelry, Copyrights, Patents, Trademarks, etc.

CLASSIFICATIONS OF PROPERTY
According to Nature
1. Immovable property or real property
- cannot be carried from place to place
- attached to an immovable in a fixed manner to be an integral part thereof
- it is placed in an immovable for the utility it gives to the activity carried thereon
- classified by express provision of law because it is regarded as united to the immovable property
2. Movable property or personal property
- real property considered personal property by special provision of law
- forces of nature
- in general, all movable things
- obligations and actions

• material things = corporeal property

• referring to rights = incorporeal property

According to Ownership
1. Public Dominion
- property owned by the state in its public or sovereign capacity and intended for public use and
not for the use of the state as juridical person
- does not import the idea of ownership; not owned by the state but simply under its jurisdiction
and administration
- outside the commerce of men
Properties of Public Dominion:
• property interested for public use
• intended for some specific public service
• intended for development of the national wealth
2. Private Ownership - property owned by the state in its private capacity and is known as
patrimonial property
PATRIMONIAL PROPERTY -is that which belongs to the state as a private individual,
without being devoted to common use; owned by private persons individually or creatively.
Properties of Private Ownership
• All property belonging to private persons either individually or collectively and those belonging
to the state and any of its political subdivisions which are patrimonial in nature.
Conjugal Property -property of the husband and wife acquired after marriage.
Capital Property -property of the husband
Paraphernal Property -property of the wife

USUFRUCT
- right to enjoy the property of another with the obligation of preserving its form and substance,
unless the title constituting it or the law otherwise provides.
- real right of use and enjoyment, of temporary duration, transmissible, may be constituted on
real or personal property.
Encumbrance of Servitude -an encumbrance imposed upon an immovable for the benefit of
another belonging to a different owner

OWNERSHIP
- independent right of a person to the exclusive enjoyment and control of a thing including its
disposition and recovery, subject only to the restrictions or limitations established by law and the
rights of others
- exercised over things or rights (things -any material object, rights -incorporeal property
whether real or personal)

RIGHTS INCLUDED IN OWNERSHIP

• jus possidendi - right to possess
• jus utendi - right to use and enjoy
• jus fruendi - right to the fruits
• jus accessionis - right to accessories
• jus abutendi - right to consume
• jus disponendi - right to dispose or alienate
• jus vindicandi - right to recover possession and/or ownership

CO-OWNERSHIP
- form of ownership which exists whenever an undivided thing or right belongs to different
persons.
Requirements:
- there must be a plurality of owners
- object of ownership must be a thing or right which is undivided
- each co-owner's right must be limited only to his ideal share of the physical whole.
Partition - is the division between two or more persons of real or personal property which they
own in common so that each may enjoy and possess his sole estate to the exclusion of and
without interference from the others.

MODES OF ACQUIRING OWNERSHIP

1. Law as mode - recognized as modes of acquisition because the law so provides
2. Tradition - a derivative mode of acquiring ownership and other real rights by virtue of which
there being intention and capacity on the part of the grantor and grantee and the pre- existence of
said rights in the estate of the grantor, they are transmitted to the grantee through a just title.
3. Occupation - appropriation of things appropriable by nature which are without an owner;
seizure of things corporeal which have no owner with the intention of acquiring the ownership
thereof.
4. Intellectual creation - original mode of acquiring ownership whereby the creations or
products of one's mind or intellect become his exclusive property, giving him the right to
authorize or refuse the publication or production of such creations. (Intellectual Property - the
totality of all rights which the law recognizes in favor of the author or persons with respect to the
creations or product of his intellect)
5. Donation - act of liberality whereby a person disposes gratuitously of a thing or right in favor
of another who accepts it.
6. Prescription - one acquires ownership and other real rights through the lapse of time in the
manner and under the conditions laid down by law.
7. Succession - mode of acquisition by virtue of which the property, rights and obligations to the
extent of the value of inheritance of a person is transmitted upon his death to another either by
will or by operation of law.

RIGHT OF ACCESSION
ACCESSION - is the right pertaining to the owner of a thing over everything which is produced
thereby, or which is incorporated or attached thereto, either naturally or artificially
- fruits or addition to or improvements upon a thing ie. building, planting, sowing
ACCESSORIES - things joined to, or included with, the principal thing for latter's
embellishment, better use or completion

KINDS OF ACCESSION
• Accession Discreta - extension of the right to the products of a thing which belongs to such
person
• Accession Continua - extension of the right to that which is incorporated or attached to a thing
which belongs to such person
• Accession Natural:
a. Alluvion - the accretion which the banks of river gradually receive from the effects of the
water and which belongs to the owners of land adjoining the said banks.
Requirements:
- accumulation of soil or sediment must be gradual or imperceptible
- accretion results from the effects or action of the current of the waters of the river
- the land wherein accretion takes place must be adjacent to the bank of the river
b. Avulsion
- the accretion which takes place when the current of a river, creek or torrent segregates a known
portion of land from an estate on its bank and transfers it to another state.
Requirements:
- segregation and transfer must be caused by the current of a river, creek or torrent
- segregation and transfer must be sudden or abrupt
- portion of land transported must be known or identifiable
 accretion - the addition or increase received by the land
 Alluvion Avulsion
accretion is gradual accretion is sudden and abrupt
accretion cannot be identified accretion cannot be identified
merely an attachment there is detachment followed by attachment
accretion belongs to the owner of the land to ownership is retained by the owner of the land
which attachment is made from which it is detached for a certain period
(i.e. 2 yrs for land and 6 mos. for trees)

• ALLUVIUM - deposit itself

• ACCRETION - denotes the act
• ACCESSION - refers to the right

CHANGING OF RIVER BEDS

- river beds abandoned through natural change in the course of the waters
- occurrence of a natural change in the course of waters
-belong to the owners whose lands are occupied by the new course in proportion to the area lost.
Requirements:
- there must be a natural change in the course of the waters of the river
- change must be abrupt or sudden

POSSESSION
- holding or a thing or enjoyment of a right, either by material occupation or by the fact of
subjecting the thing or right to the action of our will.
- to actually and physically occupy a thing with or without a right
FORMS OR DEGREES OF POSSESSION:
1. possession without any title whatsoever
2. possession with a juridical title
3. possession with a just title
4. possession with a title in fee simple
Nature of possession: act, fact, right
Extent of possession:
Actual possession - occupancy in fact of the whole or at least substantially the whole
Constructive possession - occupancy of part in the name of the whole under such circumstances
that the law extends the occupancy to the possession of the whole.
Writ of Possession - a writ of execution commanding the sheriff to enter the land and give
possession thereof to the person entitled under the judgment.

WAYS OF ACQUIRING POSSESSION

• by material occupation or exercise of a right
• by subjection of the thing or right to our will
• by proper acts and legal formalities established for acquiring such right of possession

MODES OF LOSING POSSESSION

• by abandonment
• by assignment
• by destruction, total loss, withdrawal from commerce
• possession of another for more than one year
• recovery by lawful owner or possessor

NUISANCE: any act, omission, establishment, business, condition of property, or anything

else which:
• injures or endangers the health or safety of others
• annoys or offends the senses
• shocks, defies or disregards decency or morality
• obstructs or interferes with free passage
• hinders or impairs the use of a property