PROFESSIONAL & ETHICAL RELATIONS

Limitation of enacted laws

RA 544
An Act to Regulate the Practice of Civil Engineering in the Philippines

PD 1594
Prescribes policies, guidelines, rules and regulations for government infrastructure
contracts CODE OF ETHICS
Civil engineers should uphold and advance the integrity, honor and dignity of the civil
engineering profession by:

using their knowledge and skill for the enhancement of human welfare and the environment;
being honest and impartial and serving with fidelity the public, their employers/employees and
clients;
striving to increase the competence and prestige of the civil engineering profession; and
supporting the professional and technical societies of their discipline.

Formation of Individual Principles

The scientific problem of the paper deals with the formation of a “new” paradigm of
responsibility in higher professional education. The problem of the individual's moral
responsibility in a complex structural, collective practice needs to be expanded; mechanisms of
moral imputation of responsibility to groups should be developed. Commitment of higher
education to the formation of a free, ready for the dialogue, individual can be considered as a
paradigm which does not correspond to reality, requiring expansion or rethinking. Thus, the
principles of individual ethics should be supplemented with the principles of collective
responsibility. On the one hand, the emergence of new subjects of moral consciousness needs to
be described; the mechanisms of their social interaction need to be revealed. On the other hand,
conceptualization of the principles of collective moral responsibility, their use in practice of
higher professional education become an important theoretical and practical task. In the paper,
we turn to the concept of collective moral responsibility and consider the possibility of
implementing the principle of collective responsibility in the society.

Code of Ethics for Engineers

Preamble
Engineering is an important and learned profession. As members of this profession,
engineers are expected to exhibit the highest standards of honesty and integrity. Engineering has
a direct and vital impact on the quality of life for all people. Accordingly, the services provided
by engineers require honesty, impartiality, fairness, and equity, and must be dedicated to the
protection of the public health, safety, and welfare. Engineers must perform under a standard of
professional behavior that requires adherence to the highest principles of ethical conduct.
I. Fundamental Canons
Engineers, in the fulfillment of their professional duties, shall:
Hold paramount the safety, health, and welfare of the public.
Perform services only in areas of their competence.
Issue public statements only in an objective and truthful manner.
Act for each employer or client as faithful agents or trustees.
Avoid deceptive acts.
Conduct themselves honorably, responsibly, ethically, and lawfully so as to enhance the honor,
reputation, and usefulness of the profession.
II. Rules of Practice
Engineers shall hold paramount the safety, health, and welfare of the public.
a. If engineers' judgment is overruled under circumstances that endanger life or property, they
shall notify their employer or client and such other authority as may be appropriate.
b. Engineers shall approve only those engineering documents that are in conformity with
applicable standards.
c. Engineers shall not reveal facts, data, or information without the prior consent of the client or
employer except as authorized or required by law or this Code.
d. Engineers shall not permit the use of their name or associate in business ventures with any
person or firm that they believe is engaged in fraudulent or dishonest enterprise.
e. Engineers shall not aid or abet the unlawful practice of engineering by a person or firm.
f. Engineers having knowledge of any alleged violation of this Code shall report thereon to
appropriate professional bodies and, when relevant, also to public authorities, and cooperate with
the proper authorities in furnishing such information or assistance as may be required.
Engineers shall perform services only in the areas of their competence.
a. Engineers shall undertake assignments only when qualified by education or experience in the
specific technical fields involved.
b. Engineers shall not affix their signatures to any plans or documents dealing with subject
matter in which they lack competence, nor to any plan or document not prepared under their
direction and control.
c. Engineers may accept assignments and assume responsibility for coordination of an entire
project and sign and seal the engineering documents for the entire project, provided that each
technical segment is signed and sealed only by the qualified engineers who prepared the
segment.
Engineers shall issue public statements only in an objective and truthful manner.
a. Engineers shall be objective and truthful in professional reports, statements, or testimony.
They shall include all relevant and pertinent information in such reports, statements, or
testimony, which should bear the date indicating when it was current.
b. Engineers may express publicly technical opinions that are founded upon knowledge of the
facts and competence in the subject matter.
c. Engineers shall issue no statements, criticisms, or arguments on technical matters that are
inspired or paid for by interested parties, unless they have prefaced their comments by explicitly
identifying the interested parties on whose behalf they are speaking, and by revealing the
existence of any interest the engineers may have in the matters.
Engineers shall act for each employer or client as faithful agents or trustees.
a. Engineers shall disclose all known or potential conflicts of interest that could influence or
appear to influence their judgment or the quality of their services.
b. Engineers shall not accept compensation, financial or otherwise, from more than one party for
services on the same project, or for services pertaining to the same project, unless the
circumstances are fully disclosed and agreed to by all interested parties.
c. Engineers shall not solicit or accept financial or other valuable consideration, directly or
indirectly, from outside agents in connection with the work for which they are responsible.
d. Engineers in public service as members, advisors, or employees of a governmental or quasi-
governmental body or department shall not participate in decisions with respect to services
solicited or provided by them or their organizations in private or public engineering practice.
e. Engineers shall not solicit or accept a contract from a governmental body on which a principal
or officer of their organization serves as a member.
Engineers shall avoid deceptive acts.
a. Engineers shall not falsify their qualifications or permit misrepresentation of their or their
associates' qualifications. They shall not misrepresent or exaggerate their responsibility in or for
the subject matter of prior assignments. Brochures or other presentations incident to the
solicitation of employment shall not misrepresent pertinent facts concerning employers,
employees, associates, joint venturers, or past accomplishments.
b. Engineers shall not offer, give, solicit, or receive, either directly or indirectly, any contribution
to influence the award of a contract by public authority, or which may be reasonably construed
by the public as having the effect or intent of influencing the awarding of a contract. They shall
not offer any gift or other valuable consideration in order to secure work. They shall not pay a
commission, percentage, or brokerage fee in order to secure work, except to a bona fide
employee or bona fide established commercial or marketing agencies retained by them.
III. Professional Obligations
Engineers shall be guided in all their relations by the highest standards of honesty and integrity.
a. Engineers shall acknowledge their errors and shall not distort or alter the facts.
b. Engineers shall advise their clients or employers when they believe a project will not be
successful.
c. Engineers shall not accept outside employment to the detriment of their regular work or
interest. Before accepting any outside engineering employment, they will notify their employers.
d. Engineers shall not attempt to attract an engineer from another employer by false or
misleading pretenses.
e. Engineers shall not promote their own interest at the expense of the dignity and integrity of the
profession.
Engineers shall at all times strive to serve the public interest.
a. Engineers are encouraged to participate in civic affairs; career guidance for youths; and work
for the advancement of the safety, health, and well-being of their community.
b. Engineers shall not complete, sign, or seal plans and/or specifications that are not in
conformity with applicable engineering standards. If the client or employer insists on such
unprofessional conduct, they shall notify the proper authorities and withdraw from further
service on the project.
c. Engineers are encouraged to extend public knowledge and appreciation of engineering and its
achievements.
d. Engineers are encouraged to adhere to the principles of sustainable development1 in order to
protect the environment for future generations.
Engineers shall avoid all conduct or practice that deceives the public.
a. Engineers shall avoid the use of statements containing a material misrepresentation of fact or
omitting a material fact.
b. Consistent with the foregoing, engineers may advertise for recruitment of personnel.
c. Consistent with the foregoing, engineers may prepare articles for the lay or technical press, but
such articles shall not imply credit to the author for work performed by others.
Engineers shall not disclose, without consent, confidential information concerning the business
affairs or technical processes of any present or former client or employer, or public body on
which they serve.
a. Engineers shall not, without the consent of all interested parties, promote or arrange for new
employment or practice in connection with a specific project for which the engineer has gained
particular and specialized knowledge.
b. Engineers shall not, without the consent of all interested parties, participate in or represent an
adversary interest in connection with a specific project or proceeding in which the engineer has
gained particular specialized knowledge on behalf of a former client or employer.
Engineers shall not be influenced in their professional duties by conflicting interests.
a. Engineers shall not accept financial or other considerations, including free engineering
designs, from material or equipment suppliers for specifying their product.
b. Engineers shall not accept commissions or allowances, directly or indirectly, from contractors
or other parties dealing with clients or employers of the engineer in connection with work for
which the engineer is responsible.
Engineers shall not attempt to obtain employment or advancement or professional engagements
by untruthfully criticizing other engineers, or by other improper or questionable methods.
a. Engineers shall not request, propose, or accept a commission on a contingent basis under
circumstances in which their judgment may be compromised.
b. Engineers in salaried positions shall accept part-time engineering work only to the extent
consistent with policies of the employer and in accordance with ethical considerations.
c. Engineers shall not, without consent, use equipment, supplies, laboratory, or office facilities of
an employer to carry on outside private practice.
Engineers shall not attempt to injure, maliciously or falsely, directly or indirectly, the
professional reputation, prospects, practice, or employment of other engineers. Engineers who
believe others are guilty of unethical or illegal practice shall present such information to the
proper authority for action.
a. Engineers in private practice shall not review the work of another engineer for the same client,
except with the knowledge of such engineer, or unless the connection of such engineer with the
work has been terminated.
b. Engineers in governmental, industrial, or educational employ are entitled to review and
evaluate the work of other engineers when so required by their employment duties.
c. Engineers in sales or industrial employ are entitled to make engineering comparisons of
represented products with products of other suppliers.
Engineers shall accept personal responsibility for their professional activities, provided,
however, that engineers may seek indemnification for services arising out of their practice for
other than gross negligence, where the engineer's interests cannot otherwise be protected.
a. Engineers shall conform with state registration laws in the practice of engineering.
b. Engineers shall not use association with a nonengineer, a corporation, or partnership as a
"cloak" for unethical acts.
Engineers shall give credit for engineering work to those to whom credit is due, and will
recognize the proprietary interests of others.
a. Engineers shall, whenever possible, name the person or persons who may be individually
responsible for designs, inventions, writings, or other accomplishments.
b. Engineers using designs supplied by a client recognize that the designs remain the property of
the client and may not be duplicated by the engineer for others without express permission.
c. Engineers, before undertaking work for others in connection with which the engineer may
make improvements, plans, designs, inventions, or other records that may justify copyrights or
patents, should enter into a positive agreement regarding ownership.
d. Engineers' designs, data, records, and notes referring exclusively to an employer's work are the
employer's property. The employer should indemnify the engineer for use of the information for
any purpose other than the original purpose.
e. Engineers shall continue their professional development throughout their careers and should
keep current in their specialty fields by engaging in professional practice, participating in
continuing education courses, reading in the technical literature, and attending professional
meetings and seminars.
Footnote 1: "Sustainable development" is the challenge of meeting human needs for natural
resources, industrial products, energy, food, transportation, shelter, and effective waste
management while conserving and protecting environmental quality and the natural resource
base essential for future development.
—As Revised July 2007
"By order of the United States District Court for the District of Columbia, former Section 11(c)
of the NSPE Code of Ethics prohibiting competitive bidding, and all policy statements, opinions,
rulings or other guidelines interpreting its scope, have been rescinded as unlawfully interfering
with the legal right of engineers, protected under the antitrust laws, to provide price information
to prospective clients; accordingly, nothing contained in the NSPE Code of Ethics, policy
statements, opinions, rulings or other guidelines prohibits the submission of price quotations or
competitive bids for engineering services at any time or in any amount."
Statement by NSPE Executive Committee
In order to correct misunderstandings which have been indicated in some instances since the
issuance of the Supreme Court decision and the entry of the Final Judgment, it is noted that in its
decision of April 25, 1978, the Supreme Court of the United States declared: "The Sherman Act
does not require competitive bidding."
It is further noted that as made clear in the Supreme Court decision:
Engineers and firms may individually refuse to bid for engineering services.
Clients are not required to seek bids for engineering services.
Federal, state, and local laws governing procedures to procure engineering services are not
affected, and remain in full force and effect.
State societies and local chapters are free to actively and aggressively seek legislation for
professional selection and negotiation procedures by public agencies.
State registration board rules of professional conduct, including rules prohibiting competitive
bidding for engineering services, are not affected and remain in full force and effect. State
registration boards with authority to adopt rules of professional conduct may adopt rules
governing procedures to obtain engineering services.
As noted by the Supreme Court, "nothing in the judgment prevents NSPE and its members from
attempting to influence governmental action . . ."

Canon of Ethics for Engineers

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.
Civil Engineers shall perform services only in areas of their competence.
Civil Engineers shall issue public statements only in an objective and truthful manner.
Civil Engineers shall act in professional matters for each employer or client as faithful agents
or trustees, and shall avoid conflict of interest.
Civil Engineers shall build their professional reputation on the merit of their services and shall
not compete unfairly with others.
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 shall continue their professional development throughout their careers, and
shall provide opportunities for the professional development of those civil engineers under their
supervision.

PROFESSIONAL RESPONSIBILITY

The standard practice is for Civil engineers to be given the responsibility for studying,
conceiving, designing, observing construction, and assisting in the programming for operating
and maintaining engineering works. CIVIL ENGINEERING SERVICES
Typical services may include:

Design, consultation and advice

Feasibility studies
Field investigations and engineering data collection
Environmental assessments, impact statements or engineering reports
Opinions of probable construction cost
Preliminary and final designs, drawings, specifications and construction bidding documents
Appraisals and rate studies
Value engineering
Expert testimony
Assessment of risks
Structural remediation or rehabilitation
Assistance in securing construction bids and in awarding contracts
Construction administration and observation
Arrangements for or performance of testing materials and equipment
Assistance in start-up, assessment of capacity, and operation of facilities
Preparation of operation and maintenance manuals
Appraisals and rate studies
Project Management and controls
Provision of supplemental temporary staff
Teaching
Value engineering
Expert testimony
Assessment of risks
Structural remediation or rehabilitation

Applications Of Ethics

An organization and each of its employees, wherever they may be located, must conduct
their affairs with uncompromising honesty and integrity. Business ethics are no different than
personal ethics, and the same high standard applies to both. As a representative of their company
all employees are required to adhere to the highest standard, regardless of local custom.

Everyone is responsible for their own behavior. We live in a culture where responsibility and
accountability are minimized, with individuals hiding behind the label of "victim" as an excuse
for their actions. There is right and wrong, black and white, but many would prefer to operate in
shades of gray. As long as they do not cross the line, they feel that they are fine. As long as no
one catches them, their behavior is acceptable.

Individuals operating in shades of gray feel ethics are not as important as the legality of their
actions and think the ends justify the means. After all, they work in a results-driven environment
and it is the results that matter.

While certain actions might be legal, they may also be unethical and reflect poorly on an
organization as well as the individuals responsible for them. If these actions are tolerated and
allowed, an organizational culture is created that undermines the customer's confidence in the
company, as well as its products and services and ultimately destroys its reputation in the
marketplace.

Allowing even a single unethical activity can pull a thread that ultimately unravels the cloth of an
organization. Actions have consequences and unethical actions and their consequences can have
a rippling effect within a company. If all employees understand this and apply it to their actions
and the actions of their colleagues, it will result in a stronger company. Both the company and an
employees' ongoing employment within it require compliance to this philosophy.

Ethical behavior cannot be legislated. It is a combination of strong values and the impact of the
example set by peers and superiors. To better appreciate ethics, individuals must understand how
the following factors interact with each other to impact their actions, behaviors and decisions:

Values
Values are the principles or standards of personal behavior. Most values are shaped early in life
by parents, families, friends, teachers and spiritual leaders. As individuals mature, their values
can be changed or biased by their experiences and the choices they make in life. Specific
examples of sound values include honesty, integrity, trustworthiness, fairness and a sense of
justice.

A primary value possessed by most individuals is acknowledging the difference between what is
right and what is wrong. How one acts on this knowledge is the core of both value-based and
ethical behaviors.

Norms
Norms are the guidelines or guiding values that define behavior in specific situations. Norms
governing employee behavior can be formed by organizations, informally created by groups, or
established by individual values. Some examples of organizational norms include:

        ·  Every employee is 100% responsible for their behavior.

        ·  Ethics are ethics.
        ·  There is no difference between business and personal ethics.
        ·  Ethics are critically important in both business and in life.
        ·  Employees are expected to act ethically 100% of the time.
        ·  Whether they will be discovered or not, employees must always do the right thing.
        ·  Leadership obligations, which include giving clear direction and teaching fellow
employees by example.
        · It is an employee's obligation to keep those they supervise acting ethically.
        · Employees are expected to stop unethical acts, even if they think it will jeopardize their
job.
        
Convictions
A conviction is a firmly held belief or opinion and can include one's values, beliefs, corporate
values and norms. A company's strong ethical program relies upon employees' uncompromising
belief or conviction in "always doing the right thing." This underlying conviction is the
foundation for success.

Integrity
Integrity means acting unbiased by self-interest and within the framework of one's values and
norms. One of the most generally accepted norms of organizational behavior is that an
individual's private interests or desire to benefit personally should not influence how they carry
out their responsibilities. An employee is corrupt when he or she damages the company by
deriving personal benefits and gains from their decisions and actions.

Choices
Ethics is the collection of values, norms, standards and principles that provides a framework for
action. Action requires individuals to make choices. Ethical choices often create personal
dilemmas, where decisions may conflict with one's personal values and beliefs. The bottom line
in ethical behavior is determined by the individual choices one makes in both their business
dealings and in their personal lives.

Ethical choices and decisions are unquestionably difficult to make. Some may impact
profitability, employment or even personal relationships. The dilemma often lies in defining "the
right thing," which is not always obvious. This often involves determining and weighing the
various consequences specific decisions will have on the problem or situation. Ethical decision
making is further complicated by all involved parties emotionally arguing their positions.
Emotional arguments are subjective and tend to charge the decision making environment. The
right choice or "the right thing" will be an objective choice free of emotionalism. Once
identified, the decision should be straightforward.

Courage
It takes courage to be ethical in the current cultural environment. Ethical decisions can be
unpopular because of their impact on both the company and other employees. They can be
stressful because of a fear of retribution or reprisals within the company and from others.

Courage must come from the uncompromising convictions, values and beliefs supported by an
organization's ethical philosophies and reinforced by the belief in "always doing the right thing."

Behaviors
Integrity or ethical behavior is guided by each of the factors discussed within this lesson
including values, norms, convictions, integrity, choices and courage. None is independent of the
others and each supports the others. They are what define your behaviors as either ethical or
unethical. Together they provide you with the guidelines that define your behavior.

LEGAL PROCEDURE IN THE PRACTICE OF

CIVIL ENGINEERS IN THE PHILIPPINE
ETHICAL RELATION
Relation to the General Public
According to Smith (2013), public relations practitioners can be placed in two groups
based on responsibilities: communication managers and communication technicians.
Communication managers assist in the strategic planning of an organization’s communication
efforts. The broad term “communication manager” includes several similar public relations
positions: expert consultant, problem-solving facilitator, and communication liaison. Expert
consultants develop a specific communication plan to help achieve organizational goals.
Problem-solving facilitators provide crisis management to an organization during an obstacle.
Liaisons speak on behalf of the brand and facilitate communication between the organization and
its key publics. Before entering a managerial role, most public relation practitioners begin their
career as a communication technician. This can refer to a variety of entry-level positions,
including public relations specialist, communication assistant, and junior account executive.
Communication technicians write press releases, pitches, feature articles, and other
communication materials and assist in event planning. Together, communication managers and
technicians play a vital role in relationship building and the management of a brand.
Relation to the Professional and Engineering Society

The National Research Council recently recognized the need for improvement in both
engineering design and engineering design education. Although there are numerous articles on
engineering design , we will concentrate on the interaction between engineers and society. One
of the first sources of confusion, particularly among those who are not engineers or scientists, is
the distinction between science and engineering. The primary role of science is to develop
knowledge and understanding of the physical universe. As pointed out by Davis and others, an
important distinction is that this pursuit of knowledge (science) may occur largely without regard
to societal need (or to societal implications). The direction of scientific research has been
described by some as curiosity-based research which is not necessarily driven by the values of
society. Societal values (and resulting priorities) do not necessarily define the bounds, direction
or scope of scientific curiosity. This is not a criticism of science, for such is the nature of
"inquiring." Furthermore, it is often not possible to determine relevance of a particular field of
scientific inquiry to the future needs of society. Given this curiosity-driven process, the base of
scientific knowledge about the physical universe may be represented by an amoebae-like
structure uneven in its extent in the various directions with current scientific research efforts
acting to extend its coverage.