Ce Law Reviewer
Ce Law Reviewer
Fundamental Principles: Civil Engineers uphold and qualified. All other phases of such project shall be
advance the integrity, honor and dignity of a civil performed by qualified associates, consultants, or
engineering profession by: employees.
• Using their knowledge and skill for the c. shall not affix their signatures or seals to any civil
enhancement of human welfare and the engineering plan or document dealing with
environment. subject matter in which they lack competence by
• Being honest and impartial and serving with virtue of education or experience or to any such
fidelity the public, their employers/employees, plan or document not reviewed or prepared under
and clients. their supervision and control
• Striving to increase the competence and prestige d. shall not use The Specialty Engineering Title such
of the civil engineering profession. as Structural Engineer, Transportation Engineer,
• Supporting the professional and technical Water Engineer, Geotechnical Engineer,
societies of their disciplines. Construction Engineer, etc. without the PICE
Specialist Accreditation.
Fundamental Canons:
Canon 3 - shall issue public statements only in an
Canon 1 – hold paramount the safety, health, and objective and truthful manner.
welfare of the public and shall strive to comply with the
principles of sustainable development a. should endeavor to extend the public knowledge
a. Shall recognize that all safety, health, and welfare of civil engineering and sustainable development,
of the general public are dependent upon and shall not participate in the dissemination of
engineering judgements, decisions, and practices untrue, unfair or exaggerated statements
incorporated into structures, machines, products, regarding civil engineering.
processes, and devices. b. shall be objective and truthful in professional
b. Shall approve or seal only those design, document, reports, statements, or testimony. They shall
reviewed or prepared by them, which are include all relevant and pertinent information in
determined to be same for public health and such reports, statements, or testimony.
welfare in conformity with accepted engineering c. when serving as expert witnesses, shall express
standards. civil engineering opinion only when it is founded
c. Civil Engineers whose professional judgement is upon adequate knowledge of the facts, upon a
overruled under circumstances where the safety, background of technical competence, and upon
health, and welfare of the public are endangered, honest conviction.
or the principles of sustainable development d. shall issue no statements, criticisms, or arguments
ignored, shall inform their clients or employers of on civil engineering matters which are inspired or
the possible consequences. paid for by interested parties, unless they indicate
d. CE who have knowledge or reason to believe that on whose behalf the statements are made
another person or firm may be in violation of any e. shall be dignified and modest in explaining their
of the provisions of Canon 1 shall present such work and merit, and will avoid any act tending to
information to the proper authority in writing and promote their own interests at the expense of the
shall cooperate with the proper authority in integrity, honor and dignity of the civil engineering
furnishing such further information or assistance profession and/or related professions.
as maybe required.
e. CE should seek opportunities to be of constructive Canon 4 - shall act in professional matters for each
service in civic affairs and work for the employer or client as faithful agents or trustees, and
advancement of the safety, health, and well being shall avoid conflicts of interest.
of their communities, and the protection of the
environment through the practice of sustainable a. shall avoid all known or potential conflicts of
development. interest with their employers or clients and shall
f. CE should be committed to improving the promptly inform their employers or clients of any
environment by adherence to the principles of business association, interests, or circumstances
sustainable development so as to enhance the which could influence their judgment or the
quality of life of the general public. quality of their services
b. shall not accept compensation from more than
Canon 2 – shall perform services only in areas of their one party for services on the same project, or for
competence services pertaining to the same project, unless the
circumstances are fully disclosed to and agreed to,
a. Shall undertake to perform engineering by all interested projects.
assignments only when qualified by education or c. shall not solicit or accept gratuities, directly or
experience in the technical field of engineering indirectly, from contractors, their agents, or other
involved. parties dealing with their clients or employers in
b. May accept assignment requiring education or connection with work for which they are
experience outside of their own fields of responsible.
competence, provided their services are restricted
d. CE in public services as members, advisors or with respect to the engineer's extent of
employees of a governmental body or department participation in projects described.
shall not participate in consideration or actions 4. A statement of the engineers' names or the
with respect to services solicited or provided by name of the firm and statement of the type
them or their organization in private or public of service posted on projects for which they
engineering practice. render services.
e. shall advise their employers or clients when, as a 5. Preparation or authorization of descriptive
result of their studies, they believe a project will articles for the lay or technical press, which
not be successful. are factual and dignified. Such articles shall
f. shall not use confidential information coming to not imply anything more than direct
them in the course of their assignments as a participation in the project described.
means of making personal profit if such action is 6. Permission by engineers for their names to be
adverse to the interests of their clients, employers used in commercial advertisements, such
or the public. as published by contractors, materials
g. shall not accept professional employment outside suppliers, etc., may be only by means of a
of their regular work or interest without the modest, dignified notation acknowledging the
knowledge of their employers. engineers' participation in the project
described. Such permission shall not include
Canon 5 - shall build their professional reputation on public endorsement of proprietary products.
the merit of their services and shall not compete g. shall not maliciously or falsely, directly or
unfairly with others. indirectly, injure the professional reputation,
prospects, practice employment of another
a. shall not give, solicit or receive either directly or engineer or indiscriminately criticize another's
indirectly, any political contribution, gratuity or work.
unlawful consideration in order to secure work, h. shall not use equipment, supplies, laboratory or
exclusive of securing salaried positions through office facilities of their employers to carry on
employment agencies outside private practice without the consent of
b. should negotiate contracts for professional their employers.
services fairly and on the basis of demonstrated
competence and qualifications for the type of Canon 6 - shall act in such a manner as to uphold and
professional service required. enhance the honor, integrity, and dignity of the civil
c. may request; propose or accept professional engineering profession.
commissions on a contingent basis only under a. Engineers shall not knowingly act in a manner
circumstances in which their professional which will be derogatory to the honor, integrity, or
judgments would not be compromised. dignity of the civil engineering profession or
d. shall not falsify or permit misrepresentation of knowingly engage in business or professional
their academic or professional qualifications or practices of a fraudulent, dishonest or unethical
experience. nature.
e. shall give proper credit for engineering work to
those to whom credit is due, and shall recognize Canon 7 - shall continue their professional development
the proprietary interests of others. Whenever throughout their careers, and shall provide
possible, they shall name the person or persons opportunities for the professional development of those
who may be responsible for designs, inventions, Civil Engineers under their supervision.
writings or other accomplishments.
f. may advertise professional services in a way that a. should keep current in their specialty fields by
does not contain misleading language or is in any engaging in professional practice, participating in
other manner derogatory to the dignity of the continuing education courses, reading in the
profession. Examples of permissible advertising technical literature, and attending professional
are as follows: meetings and seminars.
1. Professional cards in recognized, dignified b. should encourage their engineering employees to
publications, and listings in rosters or become registered at the earliest possible date.
directories published by responsible c. should encourage engineering employees to
organizations, provided that the cards or attend and present papers at professional and
listings are consistent in size and content and technical society meetings.
are in a section of the publication regularly d. shall uphold the principle of mutually satisfying
devoted to such professional cards. relationships between employers and employees
2. Brochures which factually describe with respect to terms of employment including
experience, facilities, personnel and capacity professional grade descriptions, salary ranges, and
to render service, providing they are not fringe benefits.
misleading with respect to the engineers
participation in projects described.
3. Display advertising in recognized dignified
business and professional publications,
providing it is factual and is not misleading
Practice of Civil Engineering not be liable for acts of negligence, default or
omission by such person or persons.
General – the manual addresses the procurement of 9. The Civil Engineer shall notify the Client of any
civil engineering services for a quality project. interest the Civil Engineer has which may
Quality – one satisfactory of meeting the expectations significantly conflict with the interests of the
of the client or employer and the requirements of the Client under their Contract.
project.
OBLIGATIONS OF THE CLIENT
Professional Responsibility – given responsibility for
studying, conceiving, designing, observing, construction, 1. The Client shall pay the Civil Engineer for his
and assisting in the programming for operating and Services, the amount of fees and expenses set
maintaining engineering works. out in or determined in their Agreement.
Civil Engineers shall conduct themselves in a 2. The Client shall provide the Civil Engineer within
highly Professional Manner and Serve as Faithful reasonable time (that does not result in delay to
Trustees or agents of their client or employers. the provision of the Services), all information
Civil Engineers are therefore bound by the required by the Civil Engineer in the
Fundamental Canons of Ethics contained in this manual. performance of his services and a decision in
Care and protection of the environment is writing on all matters properly referred to the
paramount in the Civil Engineer's work engagement. Client in writing.
Civil Engineers must always strive to maintain 3. The Client shall cooperate with the Civil Engineer
the highest standard of Ethical Professional Practice in and shall not interfere with or obstruct the
their dealing with Client employers, employees, proper performance of the Services.
competitors and the community 4. The Client shall, as soon as practicable, make
arrangement to enable the Civil Engineer to
Obligations of the Civil Engineer enter the site and inspect facilities needed in the
performance of his services.
1. The Civil Engineer shall perform Scope of the 5. The Client shall arrange for the provision of
Services as stated in SECTION 2. services from other professionals or others as
2. The Civil Engineer shall exercise reasonable may be required and bear all costs.
skill, care and diligence in the performance of 6. When the Civil Engineer is required to administer
his obligations. the work of other professionals or other third
3. The Civil Engineer shall act independently and, parties who are directly contracted by the Client
as required by the contract, perform with the or when the Civil Engineer is required to act as
necessary skills and professional judgement, Engineer-to-the-Contract for any contract on
when required to certify, decide or exercise behalf of the Client then all instructions by the
discretion between the Client and a Third party Client shall be given through the Civil Engineer.
with whom the Client has a contract. 7. When aware of any matter which will change or
4. The Civil Engineer is authorized to act as the has changed the scope of the Civil Engineer's
Client's faithful agent when required but only as Services, the Client shall notify in writing within
implied in SECTION 2 or implied in the contract 7 days the Civil Engineer containing, as far as is
adopted for the Project. practicable, the particulars of the change.
5. When aware of any matters which will change
or has changed the scope of the services, the LIABILITY OF THE CIVIL ENGINEER AND THE CLIENT
Civil Engineer shall give written notice to the
Client containing particulars of the change. The Civil Engineer shall only be liable to pay
6. For Specified Staged Services, the Civil damages to the Client arising out of or in connection
Engineer shall not initiate or proceed with any with their Agreement if a breach of duty of care is
subsequent stage of the Services without the established against the Civil Engineer.
approval of the Client. The Client shall only be liable to pay damages to
7. When required, the Civil Engineer shall direct the Civil Engineer if a breach of the Client's duty to the
and co-operate with all other professionals and Civil Engineer is established against the Client.
integrate their work where applicable into that Resolution of any conflict arising from the
being undertaken by the Civil Engineer and Agreement between the Civil Engineer and the Client
other professionals, but shall not be shall be done by giving preference to the process of
professionally liable for their work. arbitration.
8. The Civil Engineer may recommend specialist Establishment of the breach of duty on the part of
suppliers and/or contractors to design and the Civil Engineer and that of the breach of the Client's
execute certain parts of the Works, in which duty to the Civil Engineer shall be undertaken by a third
case the Civil Engineer shall co-ordinate the party arbitrator mutually acceptable to the Client and
design of such part or parts with the overall the Civil Engineer.
design of the Works but he shall be relieved of
all responsibility for the design, manufacture, A. Limitation or Civil Engineer's Responsibility
installation and performance of any such part
or parts of the Works. The Civil Engineer shall 1. The Civil Engineer shall have no responsibility or
liability for costs, loss or damage of whatsoever The Client may suspend all or part of the Services or
nature arising from any errors in or omission terminate the Agreement by written notice of not less
from data, documents, plans, design or than 30 days to the Civil Engineer who shall immediately
specifications not prepared by the Civil Engineer, make arrangements to stop the Services and minimize
or other personnel under the direct control of further expenditure.
the Civil Engineer, and arising from any act or
omission or lack of performance or any negligent The Civil Engineer by written notice of no less than 30
or fraudulent act or omission by the Client or any days may terminate the Agreement or at his and or her
Other Consultant, Contractor or supplier to the discretion without prejudice to the right to terminate,
Client or any employee or agent of the Client, suspend the performance of the whole or part or the
Other Consultants, Contractors or suppliers. Services under the following conditions:
2. Notwithstanding any recommendation or lack of
recommendation made by the Civil Engineer to 1. When 30 days after the due date or payment of
the Client, the Civil Engineer shall not be held to any account the Civil Engineer has not received
have made any warranty or promise as to the payment of that part of it which has not by that
suitability, competence or performance of any time been contested in writing, or
Other Consultant, Contractor, supplier, or other 2. When Services have been suspended for a period
third party. exceeding 6 calendar months, or if it is clear to
3. The Civil Engineer shall not be responsible for the the Civil Engineer that it will be impossible or
techniques, method, programmes, sequences or impractical to resume the suspended Services
procedures adopted by any Contractor or other before the period of suspension has exceeded six
third party responsible for executing any aspects months.
of the Project, nor for their performance on time, 3. When the Services are suspended or terminated
their failure to carry out the work in accordance the Civil Engineer shall be entitled to payment
with any contract documents or for any other for the Services carried out including
acts or omissions. consequential costs, expenses and disruption
fees incurred as a result of the suspension or
B. Damages termination, and remobilization fees on
resumption. 'Suspension or termination of the
It found that the Civil Engineer undertaking Services is Agreement shall not prejudice or affect accrued
liable to the Client, damages shall be payable on the rights or claims and liabilities of the parties.
following terms:
SETTLEMENT OF DISPUTES
1. Damages payable shall be limited to the If a dispute arises on either party, then that
amount of reasonably foreseeable loss and party shall by notice in writing served on the other party
damage suffered as a direct result of such of the details of the dispute and request that the
breach; dispute be resolved by conciliation. If the matter in
2. The maximum amount of damages payable dispute is not resolved in conciliation between the
in respect of liability, whether under the law parties within the prescribed time then the matter in
or contract, or otherwise, is limited to the dispute shall be referred to arbitration
amount specified in the Specific Provision or,
if no such amount or provision is specified, OWNERSHIP OF DATA, DESIGNS AND DOCUMENTS
to the lesser of P300,000 or 10% of the total The design analyses, drawings, specifications
amount of damages of the portion of the and reproductions thereof are instruments of service
work attributable to the Civil Engineer's owned by the Professional Engineer and shall be used
breach of duty or twenty five percent of the only for the specific project covered by the agreement
total of fees payable under their Agreement; between the Client and Engineer.
3. If found to be liable, in circumstances where
the acts or omissions of a third party have CIVIL ENGINEERING SERVICES
contributed to the loss or damage, the Engineers and civil engineering firms, whether
proportion of damages payable by the party they serve public or private employers (clients) can
found liable shall be limited to that provide a variety of important services which are
proportion which is attributable to that described in Section 2. Typical services may include:
party's breach of duty, whether the claims Design, consultations and advice
are made under contract or otherwise. Feasibility studies
Field investigations and engineering data
SUSPENSION OR TERMINATION OF SERVICES collection
Environmental assessments,
If circumstances arise for which the Civil Engineer is not Opinions of probable construction cost
responsible and which make it impractical or impossible Preliminary and final designs, drawings,
for the Civil Engineer to perform in whole or in part the
Services in accordance with their Agreement then the SPECIALIZATION IN CIVIL ENGINEERING
Civil Engineer shall promptly notify the Client of the A Civil Engineer who has demonstrated his
same. knowledge, experience, education and training in
accordance with the requirements of the concerned under circumstances in which their professional
Specialty Committee of the PICE is awarded a certificate judgments would not be compromised." Although
of specialization by PICE. Those awarded with the contingent commissions are permissible, it is the
certificates are considered qualified for positions in the general view of PICE that it is not in the best interest of
respective areas of specialization. the client or the public for the Civil Engineer to provide
The PICE recognizes specializations in the fields professional services on a contingency basis
of structural engineering, geotechnical engineering,
water engineering, transportation engineering, and PROFESSIONAL PRACTICE OF FOREIGN CIVIL
construction management and engineering. A Civil ENGINEERS
Engineer who has specialized in any area of civil Foreign Civil Engineers are allowed by law (See RA
engineering may be considered as a specialist in the 8981) to practice civil engineering in the Philippines
appropriate field as enumerated. under the following instances.
1. The laws of the foreigner's state or country allow
SELECTION OF A CIVIL ENGINEER the citizens of the Philippines to practice civil
The accomplishment of the client's objectives engineering on the same basis and grant the
and commitment of financial resources, soundness of same privileges as those enjoyed by the subjects
design, and suitability of the proposed project for its or citizens of such foreign state or country
intended function rest upon the experience, 2. Allowed under international agreement.
organization, skill, integrity, and judgment of the Civil 3. Consultants to be engaged in foreign-funded,
Engineer. The Civil Engineer's recommendations based joint venture or foreign-assisted projects of the
on these factors, affect life-cycle costs and thereby government.
influence the economic feasibility of the undertaking. 4. Employees of Philippine or foreign private
The cost of the full range of engineering services institutions pursuant to law.
typically amounts to not less than 1 to 2% of the life- Civil Engineers who were former citizens of the
cycle cost of most construction projects. It is, therefore Philippines. who had been registered and issued a
in the client's best interest to engage the most qualified certificate of registration and a professional
and reputable Civil Engineers or Civil Engineering firm identification card prior to their naturalization as
available. foreign citizens, and who, while in the country on a visit,
sojourn or permanent residence, desire to practice their
PRIME PROFESSIONAL PRACTICE profession.
The guidelines in this manual refer specifically The application of the law is however not automatic.
to the engagement of engineering services where the Foreign civil engineers must still secure a certificate of
consulting Civil Engineers serve us the client directly as registration/license or special permit from the
a prime professional, and where the client is usually also Professional Regulation Commission. Agencies,
the owner of the project. Some information in this organizations or individuals, whether public or private.
manual is also applicable when the Civil Engineer serves
the client Indirectly as a sub-consultant through another
engineer or architect who serves as the prime
professional. These services may also be performed
through another entity on a design-build construction
management, or turnkey project.
EMPLOYMENT
The guidelines in this manual also refer to Civil
Engineers employed by professional consulting firms,
government agencies, educational institutions,
construction firms, manufacturing and commercial
entities and other entities.
DESIGN COMPETITION
Design competition is a process through which a
Civil Engineer is selected above other competitors based
on proposal or an innovative approach to solving a
client's needs. Competing firms are normally shortlisted
from a number or engineers responding to a client',
solicitation either directly, by a letter request or
indirectly through a newspaper or other form or
publication. The civil engineer should be awarded a
stipend to participate in the competition.