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 skill for the enhancement of human welfare and
the environment;
2. Being honest and impartial and serving and 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 the areas of their competence.
3. Civil Engineers shall issue public statement 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 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 Engineering 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 professional duties.

a. Civil Engineers shall recognize that the lives, safety, health and welfare of the general
public are dependent upon engineering judgements, decisions and practices
incorporated into structures, machine, products, processes and devices.

b. Civil Engineers shall approve or seal only those design documents, reviewed
or prepared by them, which are determined to be safe for public health and welfare in
conformity with accepted engineering standards.

c. Civil Engineers whose professional judgement is overruled under circumstances

where the safety, health and welfare of the public are endangered, or the principles of
sustainable development ignored, shall inform their clients or employers of
the possible consequences.

d. Civil Engineers who have knowledge or reason to believe that another person or firm
may be in violation of any of the provisions of Canon 1 shall present such
information to the proper authority in writing and shall cooperate with the proper authority
in furnishing such further information or assistance as may be required.

e. Civil Engineers should seek opportunities to be of constructive service in civic affairs

and work for the advancement of the safety, health and well-being of their
communities, and their protection of the environment through the practice of
sustainable development.

f. Civil Engineers should be committed to improving the environment by adherence to

the principles of sustainable development so as to enhance the quality of life of the
general public.
CANON 2. Civil Engineers shall perform services only in areas of their competence.

a. Civil Engineers shall undertake to perform engineering assignment only when

qualified by education or experience in the technical field of engineering involved.

b. Civil Engineers may accept an assignment requiring education or experience outside of

their own fields of competence, provided their services are restricted to those
phases of the project in which they are qualified. All other phases of such project shall be
performed by qualified associates, consultants, or employees.

c. Civil Engineers shall not affix their signatures or seals to any civil engineering plan or
document dealing with subject matter in which they lack competence by virtue of education
or experience or to any such plan or document not reviewed or prepared under their
supervision and control.

d. Civil Engineers shall not use The Specialty Engineering Title such as Structure
Engineer, Transportation Engineer, Water Engineer, Geotechnical Engineer
Construction Engineer, etc. without the PICE Specialist Accreditation.
CANON 3. Civil Engineers shall issue public statements only in an objective and truthful
manner.

a. Civil Engineers should endeavor to extend the public knowledge of civil engineering and
sustainable development, and shall not participate in the dissemination of untrue, unfair
or exaggerated statements regarding civil engineering.

b. Civil Engineers shall be objective and truthful in professional reports, statements or

testimony. They shall include or relevant and pertinent information in such reports,
statements, or testimony.

c. Civil Engineers, when serving as expert witnesses, shall express civil engineering opinion
only witnesses, shall express civil engineering opinion only when it is founded
upon adequate knowledge of the facts, upon a background of technical
competence, and upon honest conviction.

d. Civil Engineers shall issue no statements, criticisms, or arguments on civil

engineering matters which are inspired or paid for by interested parties, unless they
indicate on whose behalf the statements are made.

e. Civil Engineers shall be dignified and modest in explaining their work and merit, and will
avoid any act tending to promote their own interests at the expense of the
integrity, honor and dignity of the civil engineering profession and/or related
professions.
CANON 4. Civil Engineers shall act in professional matters for each employers or clients as

faithful agents or trustees, and shall avoid conflicts of interest.

a. Civil Engineers shall avoid all known or potential conflicts of interest with their
employers or clients and shall promptly inform their employers or clients of any
business associations, interest, or circumstances which could influence their
judgement or the quality of their services.

b. Civil Engineers shall not accept compensation 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 to and agreed to, by all interested projects.

c. Civil Engineers shall not solicit or accept gratuities, directly or indirectly, from
contractors, their agents, or other parties dealing with their clients or employers in
connection with work for which they are responsible.

d. Civil Engineers in public services as members, advisors or employees of a

governmental body or department shall not participate in consideration or actions with
respect to services solicited or provided by them or their organization in private or public
engineering practice.

e. Civil Engineers shall advise their employers or clients when, as a result of their
studies, they believe a project will not be successful.

f. Civil Engineers shall not use confidential information coming to them in the course of their
assignments as a means of making a personal profit if such action is adverse to the
interest of their clients, employers or the public.

g. Civil Engineers shall not accept professional employment outside of their regular work
of interest without the knowledge of their employers.
CANON 5. Civil Engineers shall build their professional reputation on the merit of their services

and shall not compete unfairly with others.

a. Civil Engineers shall not give, solicit or receive either directly or indirectly, any
political contribution, gratuity or unlawful consideration in order to secure work,
exclusive of securing salaried positions through employment agencies

b. Civil Engineers should negotiate contracts for professional services fairly and on the basis
of demonstrated competence and qualifications for the type of professional
service required.

c. Civil Engineers may request; propose or accept professional commissions on

a contingent basis only under circumstances in which their professional judgements would
not be compromised.

d. Civil Engineers shall not falsify or permit misrepresentation of their academic or

professional qualifications or experience.

e. Civil Engineers shall give proper credit for engineering work to those to whom credit is
due, and shall recognize to proprietary interests of others. Whenever possible, they shall
name the person or persons who may be responsible for design, inventions, writings or
other accomplishments.

f. Civil Engineers may advertise professional services in a way that does not contain
misleading language or is in any other manner derogatory to the dignity of
the profession. Examples of permissible advertising are as follows:

1) Professional cars in recognized, dignified publications, and listings in rosters or directories

published by responsible organizations, provided that the card or listings are
consistent in size and content and are in a section of the publication regularly devoted to
such professional cards.
2) Brochures which factually describe experience, facilities, personnel and capacity to render
service, providing they are not 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 it is not misleading with respect to the engineer’s extent or
participation in projects described.

4) A statement of the engineers’ names or the name of the firm and statement of the type of
service posted on projects for which they render services.

5) Preparation or authorized of descriptive articles for the lay or technical press, which are
factual and dignified. Such articles shall not imply anything more than direct participation
in the project described.

6) Permission by engineers for their names to be used in commercial advertisements, such

as may be published by contractors, materials suppliers, etc., only by means of a modest,
dignified notation acknowledging the engineers’ participation in the project described.
Such permission shall not include public endorsement or proprietary products.

g. Civil Engineers shall not maliciously or falsely, directly or indirectly, injure the
professional reputation, prospects, practice or employment of another engineer or
indiscriminately criticize another’s work.

h. Civil Engineers shall not use equipment, supplies, laboratory or office facilities of their
employers to carry on outside private practice without the consent of their
employers.
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.

a. Civil Engineers shall not knowingly act in a manner which will be derogatory to the honor,
integrity, or dignity of the civil engineering profession or knowingly engage in business or
professional practices of a fraudulent, dishonest or unethical nature.

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.

a. Civil Engineers 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.

b. Civil Engineers should encourage their engineering employees to become registered at

the earliest possible date.

c. Civil Engineers should encourage engineering employees to attend and present papers
at professional and technical society meetings.

d. Civil Engineers shall uphold the principle of mutually satisfying relationships

between employers and employees with respect to terms of employment including
professional grade descriptions, salary ranges, and fringe benefits.
 SECTION 1- THE PRACTICE OF CIVIL ENGINEERING

1.1 GENERAL

This manual addresses the procurement of civil engineering services for a quality
project. Quality by definition is one satisfactorily meeting both the expectations of the client or
employer and the requirements of the project. It requires professional dedication, effort, adequate
time for investigation, planning and innovation, fair compensation, and appropriate
authority and responsibility. It cannot be achieved only by the effort at the beginning or end of a
project. These efforts must be conscious, continuous, and consistent throughout all the phases
of a project.

Quality results from team effort and is measure by the degree of satisfaction of all
parties involved. This manual is dedicated to advancing both the understanding and
quality of the practice of Civil Engineering.

The development of this manual is predicated on the basis that Civil Engineering services are
accomplished in a manner meeting the standard of care of the profession of Civil Engineering.

1.2 PROFESSIONAL RESPONSIBILITY

The standard of practice is for Civil Engineering to be given responsibility for

studying, conceiving, designing, observing, construction, and assisting in the programming for
operating and maintaining engineering works. Other services that are unforeseen initially may be
required of the Civil Engineer during the evolution of a project. The health, safety,
well-being and comfort of the public in using a facility, and the ultimate facility
cost, all depend to a considerable extent on how well members of the project team
fulfill their professional and contractual responsibilities. The Civil Engineer, therefore, has
obligations as trustee to the publicinterest as well as faithful to the private interests of
clients. Successfully fulfilling these responsibilities require candor, mutual trust, and effective
communication and understanding between the Civil Engineer and the client. Only in this way can
a professional relationship be established and a successful project implemented.
Civil Engineers shall conduct themselves in a highly Professional Manner and Serve as Faithful
Trustees or agents of their client or employers.

Civil Engineers are therefore bound by the Fundamental Canons of Ethics contained in this
manual.

Care and protection of the environment is paramount in the Civil Engineer’s work engagement.
Civil Engineers must always strive to maintain the highest standard of Ethical Professional
Practice in their dealing with Client employees, competitors and the community.

1.3 CLIENT-CIVIL ENGINEER RELATIONSHIPS

Many engineering works are conceived, designed, and constructed through the efforts of Civil
Engineers employed in governmental agencies or in industry. Other engineering projects come
to fruition through the efforts of civil engineering firms engaged for a specific project or program
by public agencies or private clients. Many public and private entities, of necessity rely on Civil
Engineers as their employees. Independent civil engineering firms are also relied
upon to accomplish projects which require special expertise beyond the normal capabilities of
the client. More recently clients have been utilizing new concepts, such as program
management and design-build, to implement projects.

Definition and explanation of proper relationships between Civil Engineers and their public and
private clients are important objectives of this manual. These are discussed below (See Annex a
for Sample Contracts of Services.

1.3.1 OBLIGATIONS OF THE CIVIL ENGINEER

The Obligations of the Civil Engineer include:

1. The Civil Engineer shall perform Scope of the Services as stated in SECTION 2.

2. The Civil Engineer shall exercise reasonable sill, care and diligence in the performance of
his obligations.
3. The Civil Engineer shall act independent and, as required by the contract, perform with
the necessary skills and professional judgement, when required to certify,
decide or exercise discretion between the Client and a Third party with whom the Client
has a contract.

4. The Civil Engineer is authorized to act as the Client’s faithful agent when required but only
as implied in SECTION 2 or implied in the contract adopted for the Project.

5. When aware of any matters which may will change or has changed the scope of the
services, the Civil Engineers shall give written notice to the Client containing particulars of
the change.

6. For Specified Staged Services, the Civil Engineer shall not initiate or proceed with any
subsequent stage of the Services without the approval of the Client.

7. When required, the Civil Engineer shall direct and co-operate with all other professionals
and integrate their work where applicable into that being undertaken by the
Civil Engineer and other professionals, but shall not be professionally liable to their work.

8. The Civil Engineer may recommend specialist suppliers and/or contractors to design and
execute certain parts of the Works, in which case the Civil Engineer shall coordinate the
design of such parts or parts with the overall design of the Works but he shall be relieved
of all responsibility for the design, manufacture, installation and performance of any such
part or parts of the Works. The Civil Engineer shall not be liable for acts of negligence,
default or omission by such person or persons.

9. The Civil Engineer shall notify the Client of any interest the Civil Engineer has which may
significantly conflict with the interest of the Client under their Contract.
1.3.2 OBLIGATIONS OF THE CLIENT

The Client has the following obligations.

1. The Client shall pay the Civil Engineer for his Services, the amount of fees and expenses
set out in or determined in their Agreement.

2. The Client shall provide the Civil Engineer within reasonable time (that does not result in
delay to the provision of the Services), all information required by the Civil Engineer in the
performance of his services and a decision in writing on matters properly referred to the
Client in writing.

3. The Client shall cooperate with the Civil Engineer and shall not interfere with or obstruct
the proper performance of the Services.

4. The Client shall, as soon as possible as practicable, make arrangements to enable the
Civil Engineer to enter the site and inspect facilities needed in the performance of his
services.

5. The Client shall arrange for the provision of services from other professionals or others as
may be required and bear all costs.

6. When the Civil Engineer is required to administer the work of other professionals or other
third parties who are directly contracted by the Client or when the Civil Engineer is required
to act as Engineer-to-the-Contract for any contract on behalf of the Client then all
instructions by the Client shall be given through the Civil Engineer

7. When aware of any matter which will change or has changed the Scope of the Civil
Engineer’s Services, the Client shall notify in writing within 7 days the Civil Engineer
containing, as far as is practicable, the particulars of the change.
1.3.3 LIABILITY OF THE CIVIL ENGINEEER AND THE CLIENT

The Civil Engineer shall only be liable to pay damages to the Client arising out of or in connection
with their Agreement if a breach of duty of care is established against the Civil Engineer. The
Client shall only be liable to pay damages to the Civil Engineer if a breach of the Client’s duty
to the Civil Engineer is established against the Client. Resolution of any conflict arising from the
Agreement between the Civil Engineer and the Client shall be done by giving preference to the
process of arbitration. Establishment of the breach of duty on the part of the Civil Engineer and
that of the breach of the Client’s duty to the Civil Engineer shall be undertaken by a third party
arbitrator mutually acceptable to the Client and the Civil Engineer.

1.3.4 A. LIMITATION OR CIVIL ENGINEER’S RESPONSIBILITY

1. The Civil Engineer shall have no responsibility or liability for costs, loss or damage of
whatsoever nature arising from any errors in or omission from data, documents, plans,
design or specifications not prepared by the Civil Engineer, or other personnel under the
direct control of the Civil Engineer, and arising from any act or omission or lack of
performance or any negligent or fraudulent act or omission by the Client or any employee
or agent of the Client, Other Consultants, Contractor or suppliers.

2. Notwithstanding any recommendation or lack of recommendation made by the Civil

Engineer to the Client, the Civil Engineer shall not be held to have made any warranty of
promise as to the suitability, competence or performance of any Other
Consultant, Contractor, supplier, or other third party.

3. The Civil Engineer shall not be responsible for the techniques, methods,
programs, sequences or procedures adopted by any Contractor or other third party
responsible for executing any aspects of the Project, nor for their performance on time,
their failure to carry out the work in accordance with any contract documents or for any
other acts or omissions.
1.3.3 B. DAMAGES

If found that the Civil Engineer undertaking Services is liable to the Client, damages shall be
payable on the following terms:

1. Damages payable shall be limited to the amount of reasonably foreseeable

loss and damage suffered as a direct result of such breach;

2. The maximum amount of damages payable in respect of liability, whether under the law
or contract, or otherwise, is limited to the amount specified in the Specific Provision or, if
no such amount or provision is specified, to the lesser of P300,000 or 10% of the total
amount of damages of the portion of the work attributable to the Civil Engineer’s breach
of duty or twenty percent of the total of fees payable under their agreement;

3. If found to be liable, in circumstance where the acts or omissions of a third party have
contributed to the loss or damage, the proportion of damages payable by the party found
liable shall be limited to that proportion which is attributable to that party’s breach of duty,
whether the claims are made under contract or otherwise.

1.3.5 SUSPENSION OR TERMINATION OF SERVICES

If circumstances arise for which the Civil Engineer is not responsible and which make it impractical
or impossible for the Civil Engineer to perform in whole or in part the Services in accordance with
their Agreement then the Civil Engineer shall promptly notify the Client of the same.

If by reason of the abovementioned circumstances certain services has been suspended, the time
for their completion shall be extended by the extent of the delay pus a reasonable period for the
resumption, or if the speed of performing certain Services has to be reduced, the time for the
completion shall be extended as is necessary by reason of the circumstances.

The Client may suspend all or part of the Services or terminate the Agreement by written notice
of not less than 30 days to the Civil Engineer who shall immediately make
arrangements to stop the Services and minimize further expenditure.
The Civil Engineer by written notice of no less than 30 days may terminate the Agreement or at
his and or her discretion without prejudice to the right to terminate, suspend the
performance of the whole or part or the Services under the following conditions.

1. When 30 days after the due date or payment of any account the Civil Engineer has not
received payment of that part of it which has not by that time been contested in writing,
or

2. When Services have been suspended for a period exceeding 6 calendar months, or if it
is clear to the Civil Engineer that it will be impossible or impractical to
resume the suspended Services before the period of suspension has exceeded six
months.

When the Services are suspended or terminated the Civil Engineer shall be
entitled to payment for the Services carried out including consequential costs, expenses
and disruption fees incurred as a result of the suspension or termination, and
remobilization fees on resumption. Suspension or termination of the Agreement shall not
prejudice or affect accrued rights or claims and liabilities of the parties.

1.3.5. SETTLEMENT OF DISPUTES

If a dispute arises on either party, then that party shall by notice in writing served on the other
party of the details of the dispute and request that the dispute be resolved by conciliation. If the
matter in dispute is not resolved in conciliation between the parties within the prescribed time then
the matter in dispute shall be referred to arbitration.