An Authorized Managing Officer (AMO) of a contractor is the duly nominated senior management executive empowered to render general management and administrative decisions (the ability to hire and fire) of a corporation or partnership or, in the case of a sole proprietorship, the sole proprietor. A minimum of two (2) years experience in the construction industry is required.
RA 4566 provides as follows regarding authorized Managing Officers:
SECTION 20. Qualifications of applicants for contractors' licenses. —The Board shall require an applicant to show at least two years of experience in the construction industry, and knowledge of the building, safety, health and lien laws of the Republic of the Philippines and the rudimentary administrative principles of the contracting business as the Board deems necessary for the safety of the contracting business of the public.For the purpose of this section, a partnership, corporation, or any other organization may qualify through its responsible managing officer appearing personally before the Board who shall prove that he is a bona fide responsible officer of such firm and that he exercises or is in a position to exercise authority over the contracting business of his principal or employer in the following manner:(1) to make technical and administrative decisions; and, (2) to hire, superintend, promote, transfer, lay off, discipline or discharge employees.
The Rules & Regulations promulgated under the Contractors' License Law (RA 4566) provides as follows:
Sec. 4.3 Authorized Managing OfficerAn Authorized Managing Officer shall be nominated by the constructor to be its authorized sole management representative to act on all matters concerning the requirements of the Board and implementation of R.A. 4566 and P.D. 1746. To qualify for the said nomination, the Authorized managing Officer nominee, in addition to the requirement stated in sec. 4.1 (b) hereof, must:a) Be a senior executive of the nominating constructor firm, empowered to render general management and administrative decisions;b) Have none of the disqualifications applicable to a Sustaining Technical Employee and stipulated in Sec. 4.2 hereof.A constructor shall have only one Authorized Managing Officer whose appointment shall be evidenced by a joint resolution of all the partners, if a partnership, joint venture or consortium, and by a resolution of the firm's board of directors, if a corporation, a sole-proprietor constructor, however, must, himself, be the Authorized managing Officer of the firm. An Authorized Managing Officer who meets the qualifications stipulated in Sec. 4.2 hereof, may be nominated by a constructor and be approved by the Board to hold the position of a Sustaining Technical Employee concurrently.
Section 4.1.(b) referred to above provides as follows:
Sec. 4.1 Qualifications for Licensing To be eligible as a candidate for licensing, an applicant shall have the following minimum qualifications deemed by the Board to be necessary for the safety of the public and the interest of both the public and the construction industry;a) b) He must, by virtue of his Authorized Managing Officer or by himself, if a sole-proprietor-applicant, have at least two (2) years of experience in construction contracting, business management and contract administration, and knowledge of Philippine laws on contracts, liens, taxation, labor and other construction business matters, subject to the nomination requirement as provided for under 4.3 hereof.
The discqualifications referred to in Section 4.2 are as follows:
c) Have none of the following disqualifications:ca) Involvement in any construction malperformance of grave consequence, in any capacity and deemed by the Board to be suggestive of his negligence, incompetence and/or malpractice; cb) Involvement in any act or omission liable for disciplinary action as stipulated in Sec. 11.2 hereof, by himself or in collaboration with any other person or firm and of which he or the other person or firm was found guilty by the Board; cc) Conviction by a court of competent jurisdiction of any offense involving moral turpitude; and cd) If a former Sustaining Technical Employee or Authorized Managing Officer disassociated with his constructor-employer, failure to notify the Board of the disassociation in accordance with the provisions of Sec.10.5 and Sec.10.6 hereof.
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