Assignment #1
Code of Ethics
Fundamental Principles
       Civil engineers uphold and advance the integrity, honor and dignity of the civil
engineering profession by:
   1. Using their knowledge and skills for the enhancement of human welfare and the
      environment;
   2. Being honest and impartial and serving with fidelity the public, their
      employers/employees and clients;
   3. Striving to increase the competence and prestige of the civil engineering profession; and
   4. Supporting the professional and technical societies of their disciplines.
Fundamental Canons
   1. Civil Engineers shall hold paramount the safety, health and welfare of the public and
      shall strive to comply with the principles of sustainable development in the performance
      of their duties.
   2. Civil Engineers shall perform services only in areas of their competence.
   3. Civil Engineers shall issue public statements only in an objective and truthful manner.
   4. Civil Engineers shall act in professional matters for each employer or client as faithful
      agents or trustees, and shall avoid conflicts of interest.
   5. Civil Engineers shall build their professional reputation on the merit of their services and
      shall not compete unfairly with others.
   6. Civil Engineers shall act in such a manner as to uphold and enhance the honor, integrity,
      and dignity of the civil engineering profession.
   7. Civil Engineers shall continue their professional development throughout their careers,
      and shall provide opportunities for the professional development of those civil engineers
      under their supervision.
Guidelines to Practice under the Fundamental Canons of Ethics
Canon 1: Civil Engineers shall hold paramount the safety, health and welfare of the public and
shall strive to comply with the principles of sustainable development in the performance of their
duties.
           -   The lives, safety, health, and wellbeing of the general public must be the first
               priority of Civil Engineers on designing structures, processes, products, machines,
               and devices. In line with this, Civil Engineers whose judgement is overruled
               under circumstances where the public are endangered shall inform their clients or
               employers for possible consequences. Seal or approvals shall only be applied on
               documents that conform to engineering standards. Proper Authority shall be aided
               if another person or firm committed violation of any provisions of this canon.
               Civil Engineers must practice and should be involve in improving the safety and
               protection of people and environment.
Canon 2: Civil Engineers shall perform services only in areas of their competence.
           -   Civil Engineers shall be qualified by education or experience in the technical field
               of engineering involved in order to perform engineering assignments. They
               should not affix their signatures or seals to any civil engineering plan or document
               dealing with subject matter in which they lack of competence or experience. Any
               Engineering Specialty Titles are only being acquired with PICE accreditation.
Canon 3: Civil Engineers shall issue public statements only in an objective and truthful manner.
           -   Civil Engineers must be truthful and objective in professional reports and shall
               not issue false statement, criticisms, or arguments on civil engineering matters
               without providing any important information. It is required for the engineers to be
               dignified and modest in explaining their work and merit and shall not involve
               personal interests at the expense of the integrity, honor, and dignity of the civil
               engineering profession.
Canon 4: Civil Engineers shall act in professional matters for each employer or client as faithful
agents or trustees, and shall avoid conflicts of interest.
           -   Civil Engineers shall avoid any conflict of interest and must inform their
               employers or clients when circumstances which could influence their judgement
               or the quality of their service happen and advise them when a project will likely
               be unsuccessful. Civil Engineers shall not accept gratuities and solicits, directly or
               indirectly and must not use confidential information in order to make personal
               profit.
Canon 5: Civil Engineers shall build their professional reputation on the merit of their services
and shall not compete unfairly with others.
           -   Civil Engineers shall negotiate contracts for professional services fairly and may
               propose or accept professional commissions. Proper credit for engineering work
               must be given to whom credit is due. Civil Engineers may advertise professional
               services in a way that will not mislead potential clients. It is prohibited to use any
               of the employer or clients’ resources to carry on outside private practice without
               their consent.
Canon 6: Civil Engineers shall act in such a manner as to uphold and enhance the honor,
integrity, and dignity of the civil engineering profession.
           -   Civil Engineers must not engage in business or professional practices which will
               be derogatory to the honor, integrity, or dignity of the civil engineering
               profession.
Canon 7: Civil Engineers shall continue their professional development throughout their careers,
and shall provide opportunities for the professional development of those civil engineers under
their supervision.
           -   Civil Engineers must participate in continuing education courses, attending
               professional meetings and seminars in order to keep current in their specialty and
               shall encourage other with the same profession to become registered the earliest
               possible date. Civil Engineers shall maintain the principle of mutually satisfying
               relationships between the employers and employees.
Assignment #2
                Section 1: The Practice of Civil Engineering
  I.     General
             This manual addresses the procurement of civil engineering services that
         satisfactorily meet the client or employer’s expectations. This manual is dedicated to
         advancing both the understanding and quality of the practice of Civil Engineering and
         is predicated in a manner meeting the standard of care of the Civil Engineering
         profession.
 II.     Professional Responsibility
             The standard of practice is for Civil Engineers to be given responsibility for
         operating and maintaining engineering works. The safety, health, well-being, and
         comfort of the public in using different facilities depend on how well the project team
         fulfil their professional responsibilities. Civil Engineers therefore bound by the
         fundamental canons of ethics contained in this manual and must always strive to
         maintain the highest standard of ethical professional practice in their dealing with
         client employers, employees, competitors and the community.
III.     Client-Civil Engineer Relationships
             Most engineering works are conceived, designed, and constructed through the
         effort of Civil Engineers employed in governmental agencies or in industry while
         other projects come to fruition through the efforts of civil engineering firms that are
         incorporated to specific project or program by private clients and public agencies.
         Civil Engineers from independent civil engineering firms with special expertise are
         usually relied upon accomplishing projects beyond normal capabilities of the client.
                  A. Obligations of the Civil Engineer
                         Civil Engineer shall perform Scope of the Services as stated in
                            SECTION 2 (Classification of Engineering Services)
                         Civil Engineer shall exercise reasonable skill, care and diligence in
                            the performance of his/her obligations.
                         Civil Engineer shall act independently, perform with the necessary
                            skills and professional judgement, and decide or exercise
                            discretion between the client and the third party.
                         Civil Engineer is authorized to act as the client’s faithful agent but
                            only as implied in SECTION 2 or in the contract adopted for the
                            project.
          Civil Engineer shall provide written notice to the client containing
           particulars of the change when any matters will change or has
           change the scope of the services.
          Civil Engineer shall not initiate with any subsequent stage of the
           services without the client’s approval.
          Civil Engineer shall direct and co-operate with all other
           professionals and integrate their work that are being undertaken by
           the Civil Engineer and other professionals but shall not be
           professionally liable.
          Civil Engineer shall co-ordinate the design of parts with the overall
           design of the works and shall not be liable for acts of negligence,
           default or omission by such person or persons.
          Civil Engineer shall notify the client of any interest which may
           conflict with the interests of the client under their contract.
B. Obligations of the Client
       Client shall pay the Civil Engineer for his/her services set out in
          their agreement.
       Client shall provide the Civil Engineer all information required by
          the Civil Engineer in the performance of his services and a
          decision in writing on all matters properly referred to the Client in
          writing.
       Client shall cooperate with the Civil Engineer and shall not
          interfere with the proper performance of the services.
       Client shall make arrangements enabling Civil Engineer to enter
          the site and inspect facilities needed for his services.
       Client shall arrange for the provision of services from other
          professionals or others as may be required and bear all costs.
       All instructions by the client shall be given through the Civil
          Engineer when he/she is required to act as Engineer-to-the-
          Contract.
       Client shall notify in writing within 7 days the Civil Engineer
          containing, as far as is practicable, the particular of the change.
C. Liability of the Civil Engineer and the Client
       Civil Engineer shall only be liable to pay damages to the client
           arising out or in connection with their agreement if a breach of
           duty and care is established.
       Client shall only be liable to pay damages to the Civil Engineer if a
           breach of the Client’s duty is established against the Client.
            Resolution to any conflict between the Client and Civil Engineer
             shall be done by giving preference to the process of arbitration.
            Establishment of the breach of duty on the part of both Civil
             Engineer and Client shall be undertaken by a third part arbitrator.
 C.1.        Limitation or Civil Engineer’s Responsibility
             Civil Engineer shall have no responsibility for costs, loss or
               damage of whatsoever nature arising from any errors in or
               omission from data, documents, plans, designing or
               specifications not prepared by Civil Engineer, or other personnel
               under the direct control of the Civil Engineer.
             Civil Engineer shall not be held to have made any warranty or
               promise as to the sustainability, competence or performance of
               any other third party.
             Civil Engineer shall not be responsible for the techniques,
               method, programmes, sequences or procedures adopted by any
               contracted or other third party responsible for executing any
               aspects of the project.
 C.2.        Damages
                    Civil Engineers undertaking services is liable to the client,
             damages shall be payable on the following terms:
             Damages payable shall be limited ti the amount of reasonably
              foreseeable loss and damage suffered as a result of breach.
             The maximum amount of damages payable is limited to the
              amount specified in the specific provision or to the lesser of
              P300,000 or 10% of the total amount of damages of the portion
              of the work attribute to the Civil Engineer’s breach of duty or
              twenty five percent of the total of fees payable under their
              agreement.
             The proportion of damages payable by other party that found
              liable shall be limited to that proportion which is attributable to
              that           party’s           breach         of            duty.
D. Suspension or Termination of Services
       Civil Engineers shall notify the Client if circumstances arise for
         which may the services impractical or impossible to perform in
         whole or in part in accordance with their agreement.
       The time for the completion of their service shall be extended as is
         necessary by the reason of the abovementioned circumstances.
                      Client may suspend all part of the services or terminate the
                       agreement by written notice of not less than 30 days to the Civil
                       Engineer whom shall immediately make arrangement to stop the
                       services and minimize further expenditure.
                      Civil Engineer may terminate the agreement by written notice of
                       not less than 30 days and suspend the performance of the whole or
                       part the services under the conditions that Civil Engineer has not
                       received payment 30 days after the due date or payment of any
                       account or when the services has been suspended for a period
                       exceeding 6 calendar months.
                      Civil Engineer shall be entitled to payment for the services carried
                       out when the services are suspended or terminated.
                      Agreement shall not prejudice or affect accrued right or claims and
                       liabilities             of                the                parties.
            E. Settlement of Disputes
                      If a dispute arises on either party, that party shall serve on the other
               the details of the dispute and request for conciliation. If the matter is not
               resolved in conciliation, matter in dispute shall be referred to arbitration.
            F. Ownership of Data, Designs and Documents
                       The design analyses, drawings, specifications and reproductions
               owned by the Professional Engineer shall only be used for the specific
               project covered by the agreement between the client and engineer.
IV.   Civil Engineering Services
          Civil Engineers and civil engineering firms specialize in specific areas of
      engineering, such as; structural and foundation, geotechnical and environmental,
      water resources and hydraulics, transportation, and construction management and
      engineering. Civil Engineer provides services which may result in the client’s
      committing financial resources for construction of a proposed project. Typical
      services of civil engineers and civil engineering firms may include:
            A. Design, consultations and advice
            B. Feasibility studies
            C. Field investigations and engineering data collection
            D. Environmental assessments, impact statements or Engineering reports
            E. Opinions od probable construction cost
            F. Preliminary and final designs, drawings, specifications and construction
               bidding documents
            G. Assistance in securing construction bids and in awarding contracts
              H.   Construction administration and observation
              I.   Arrangements for or performance of testing or materials and equipment
              J.   Assistance in start-up, assessment of capacity, and operation of facilities
              K.   Preparation of operation and maintenance manuals
              L.   Appraisals and rate studies
              M.   Value engineering
              N.   Expert testimony
              O.   Assessment of risks
              P.   Structural remediation or rehabilitation
              Q.   Project management and controls
              R.   Provision of supplemental temporary staff
              S.   Teaching
 V.    Specialization in Civil Engineering
           A Civil Engineer who has demonstrated his knowledge, experience, education and
       training in accordance with the requirements set by the Specialty Committee of PICE
       is awarded a certificate of specialization by PICE and considered qualified for
       positions in the respective areas of specialization.
VI.    Selection of a Civil Engineer
           The Civil Engineer’s recommendations are based on his/her experience,
       organization, skill, integrity, and judgement that affect life-cycle costs and thereby
       influence the economic feasibility of the undertaking.
           The cost of the full range of engineering services typically amounts to not less
       than 1 to 2% of the life-cycle cost of most construction projects. Therefore client’s
       best interest to select the most qualified and reputable Civil Engineers or Civil
       Engineering firm available.
           Once a Civil Engineer is selected, detailed discussions between the engineer and
       client to define the scope and expectations of the engineering services to be provided,
       are essential before negotiating a fee for services.
           The Philippine Institute of Civil Engineers supports procedures such those
       specified by CIAP Documents 101 and 102, Executive Order 164, and PD 1594 as
       amended.
VII.   Prime Professional Practice
           The guidelines in this manual refer to the engagement of engineering services
       where the consulting Civil Engineers serve as the client directly as a prime
       professional, and where the client is usually also the owner of the project. This
       manual is also applicable when the Civil Engineering serves the client indirectly.
VIII.   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 entitles and the other entities.
 IX.    Design Competition
           Design competition is a process in which Civil Engineer is selected above other
        competitors based on proposal or an innovative approach to solving a client’s needs.
  X.    Contingency Basis of Employment
           It is not in the best interest of the client or the public for the Civil Engineer to
        provide professional services on a contingency basis.
 XI.    Professional Practice of Foreign Civil Engineers
            Foreign civil engineers must still secure a certificate of registration/license or
        special permit from the Professional Regulation Commission. According to RA 8981,
        Civil Engineers are allowed to practice civil engineering in the Philippines under the
        following instances.
               A. Civil Engineers from Philippines are allowed to practice civil engineering
                  as stated in the laws of foreigner’s state or country.
               B. Allowed under international agreement.
               C. Consultants to be engaged in foreign-funded, joint venture or foreign-
                  assisted projects of the government.
               D. Employees of Philippine or foreign private institutions pursuant to law.
               E. Civil Engineers who were former citizens of the Philippines, who had
                  been registered and issued a certificate of registration and a professional
                  identification card prior to their naturalization as foreign citizens.