Republic of the Philippines

Cotabato State University

College of Engineering Technology and Computing
CE 414 - 5104 (BSCE 4A)

GROUP 2
(CE Law, Ethics, and Contracts)

Members:

Patricia Nicole M. Alada

Harif Badar P. Baundi
Esmail A. Iskak
Joan A. Datu Aban
Nur-Ysmael A. Sumlay
 ARTICLE IV – MISCELLANEOUS PROVISIONS
Prepared by Esmail A. Iskak

SECTION 27- The Article 4 contains about section 27 and others section related engineering
field, In the Section 27 of Article 4 stated that all of the preparation of plans is responsible by the
accountable person who should handle and make the construction and reconstruction should be
included in here . It is stated that only the responsible person like the Civil Engineers, they are
the one who are allowed to make reconstruction of any infrastructure because they are the
authorized person who is capable with, and they are the assigned to relocate, beautify and built
public buildings or attractions like park and other structured. And the mentioned papers in this
section like plans and specification must be signed by the Registered Civil Engineer and sealed
to justify that the plans are complete and correct and only the contractor or the authorized
engineer can open it. It is also stated in this section that the plans and designs which will be used
in building and repairing must be approved by the city government or the authorized personnel
as provided by the law of that certain city where the said structured to be constructed.

SECTION 28- The practice of civil engineering within the meaning and intent of this Act shall
embrace services in the form of consultation, design, preparation of plans, specifications,
estimates, erection, installation and supervision of the construction of streets, bridges, highways,
railroads, airports and hangars, port works, canals, river and shore improvements, lighthouses,
and dry docks; buildings, fixed structures for irrigation, flood protection, drainage, water supply
and sewerage works; demolition of permanent structures; and tunnels. The enumeration of any
work in this section shall not be construed as excluding any other work requiring civil
engineering knowledge and application. The term “civil engineer” as used in this act shall mean
a person duly registered with the Board for Civil Engineers in the manner as hereinafter provided.

SECTION 29- A sole proprietorship, partnership or corporation may engage in providing

consultancy services as defined in the National Economic Development Authority (NEDA)
guidelines for engagement of consultants in the field of Civil Engineering: Provided that such an
entity is owned and controlled by duly registered Civil Engineers and provided that such sole
proprietorship, partnership, or corporation has been issued a certificate of registration by the
Board. A sale proprietorship, partnership or corporation engaged in providing consultancy
services in the field of Civil Engineering may further offer and engage in providing multi-
disciplinary consultancy services provided that such professions are closely related to or allied
with Civil Engineering or incidental and indispensable to the practice thereof. Individual
members of such sole proprietorship, partnerships, or corporations shall be responsible for their
own respective professional acts.
SECTION 30- All foreign nationals, including former Filipino citizens desiring to practice the
profession of Civil Engineering in the Philippines and are authorized by law to practice Civil
Engineering in the Philippines, shall apply or a special temporary permit from the Board subject
to approval of the Commission, in accordance with the provisions of section 7 of Republic Act
No. 8981. Except for cases where the foreign national has already been issued a special
temporary permit, the agencies, organizations, or individuals, whether public or private, who
secure the services of a foreign national authorized by law to practice Civil Engineering in the
Philippines shall be responsible for securing a special temporary permit from the Board, subject
to approval of the Commission. No working permit, temporary or permanent visa shall be issued
by any government agency to any foreign national intending to practice Civil Engineering in the
Philippines without complying with these provisions. A foreign Civil Engineer or any person not
authorized to practice Civil Engineering in the Philippines, or a foreign Civil Engineer
authorized to practice Civil Engineering in the Philippines but has not been issued a special
temporary permit from the Board, who shall stay in the country and perform any of the activities
mentioned in Section 2 of this Act or any other activity analogous thereto, shall be deemed
engaged in the unauthorized practice of Civil Engineering.

SECTION 31- The Commissioner of PRC shall prepare a roster showing the names and places
of business of all registered civil engineers on a regular basis, but at least once a year. Copies of
this roster must be kept on file at the PICE and made available to government entities or
agencies, municipal, city, and provincial authorities, and the general public upon request.
 ARTICLE V - ENFORCEMENT OF ACT AND PENAL PROVISIONS
Prepared by Harif Badar P. Baundi

As what is stipulated in Section 32 (Enforcement of the Act By Officers of the Law), all
lawfully constituted law officials of the national, provincial, city, and municipal governments, or
any political subdivisions thereof, will be responsible for enforcing the requirements of this Act
and prosecuting anybody who violates them. 
As what is stipulated in Section 33 (Registration Is Required), unless exempt from
registration, no person shall practice or offer to practice civil engineering in the Philippines
without having obtained the proper certificate of registration from the Board for Civil
Engineers
As what is stipulated in Section 34 (Requirement for A Written Service Agreement,
Appointment or Employment Contract) - Any person or entity, whether private or public,
Filipino or foreign, who entices, coerces, requires, or otherwise causes a duly registered Civil
Engineer to perform or undertake any Civil Engineering work or professional service without
first implementing a written service agreement, appointment, or employment contract is in
violation of this Act.
As what is stipulated in Section 35 (Positions In Government Requiring The Services Of
A Civil Engineer), within six (6) months of the Act's full implementation, all existing and
potential positions in local and national government offices, whether appointive, career,
permanent, momentary, or contractual, and primarily mandating the services of Civil Engineers,
whether or not using that designation, shall be filled only by registered Civil Engineers who are
PICE members in good standing.
As what is stipulated in Section 36 (Penal Provisions), any individual who shall practice
civil engineering in the Philippines without being registered in regards with the provisions of this
Act or any person attempting to utilize as his own the certificate of registration of a registered
civil engineer, give any false evidence of any kind to the Board, or any person who shall
impersonate any registrant civil engineer of different name, or any person who shall attempt to
use a revoked certificate of registration, or any person who shall use in connection with his name
or otherwise assume, use or advertise any title tending to deliver the impression that he is a civil
engineer, without holding a valid certificate of registration, or any person who shall violate any
of the provisions of this Act, shall be guilty of a misdemeanor and shall, upon conviction, be
sentenced to a fine of not less than five hundred pesos nor more than two thousand pesos, or to
suffer imprisonment for a period of not less than six months nor more than one year, or both, in
the discretion of the court
As what is stipulated in Section 37 (Repeal), all laws, components of laws, ordinances,
and regulations that are inconsistent with the provisions of this Act are revoked. No legislation of
other associated professions shall prevent or exclude the Civil Engineer from practicing his/her
profession as defined in this Act, provided that he/she does not designate himself/herself as such
as other professional. Nothing in this Act restricts other professionals from practicing their
respective professions, provided that such individual does not identify as a Civil Engineer.
As what is stipulated in Section 38 (Separability Clause), if any part or section of this Act
is found unconstitutional, such findings do not invalidate the other sections of this Act.
As what is stipulated in Section 39 (Effectivity), this Act becomes effective upon
approval.
 RESPONSIBLE ORGANIZATIONS
Prepared by Patricia Nicole M. Alada
ACCEP
To foster a favorable environment for the Philippine O&O business and to reinforce the P
hilippine case as the preferred O&O destination by the end of the decade.

PCA
From its very beginning, the Philippine Constructors Association, Inc. has grown from a
small group of construction professionals to over 1,500 members nationwide, handling 80% of
government infrastructure projects.

PICE
PICE is a government organization that connects all Civil Engineers across the country,
and it ought to be introduced to students as early as possible to foster the association of Civil
Engineering students from various schools and professionals of the profession by defining PICE
Chapters.

SPAC
These are the seven objectives of SPAC. To provide services and facilities responsive to
and anticipatory of the reference and research requirements of the Members of the Senate, the
legislative researchers, as well as the Secretariat officers and employees. This calls for:
           1. The selection, evaluation, acquisition and organization of various
information resources, in printed and electronic forms;
            2. The provision of necessary tools for retrieval and delivery of information (e.g. indexes,
catalogs, on-line public access catalog (OPAC), accession and shelf-list records);
            3. The rendering of reference and research assistance service;
            4. The dissemination of bibliographies, annotated reading lists and copies of journal
articles relevant to legislative concerns or of interest to Members of the Senate and Secretariat
officers;
            5. The establishment of linkages and active cooperation with other libraries, government
agencies and library organizations;
            6. The maintenance of areas for research and reading purposes;
            7. The continuous updating and building of library collections and periodic
inventory, evaluation and weeding to ensure their usefulness to legislative research.
COFILCO
COFILCO is the international organization for all Filipino consulting organizations that
have been recognized by the National Economic Development Authority (NEDA) in Resolution
01-99, dated April 16, 1999, to address the desire for consultants in state infrastructure and non-
infrastructure projects.

PCCI
PCCI's primary responsibility is to provide focused advocacy for business growth and
sustainable development through the provision of business services for the advancement of
grassroots entrepreneurship, chamber development, international trade relations, business
innovation and excellence, and operational efficiency. These will be accomplished through the
efforts of a professional organization working in close collaboration with various stakeholders
from the public and private sectors.

CPMAP – Construction Project Management Association of the Philippines

UAP – United Architects of the Philippines

In 1975, three architectural organizations in the Philippines merged to form the United Ar
chitects of the Philippines. 
The League of Philippine Architects (LPA), the Association of Philippine Government A
rchitects (APGA), and the Philippine Institute of Architects were the three organizations (PIA). 
On May 19, 1975, it became the country's first duly-accredited professional organization. 
On May 19, 2014, following the passage of Republic Act 9266, or the Architecture Act of 2004, 
UAP applied to the Professional Regulation Commission as the Integrated and Accredited Profes
sional Organization of Architects (IAPOA).

CREBA
The Chamber of Real Estate and Builders' Associations (CREBA) is a private, non-stock,
non-profit company established under Philippine law. It began as a union of Philippine business
and trade associations in the real estate, housing, and construction industries, as the name
implies. CREBA is the recognized umbrella organization for approximately 4,000 firms,
individuals, and associations involved in land and housing, construction, allied industries, and
various professional fields of discipline. Developers of land, housing subdivisions,
condominiums, industrial estates, resorts, hotels, and retirement facilities; home builders;
brokers; building contractors; professionals in the fields of urban and environmental planning,
architecture, engineering, and real estate management; property appraisers; financial advisors;
and suppliers of land development and construction inputs are among the CREBA's membership.

PICA
It is the country's first learned society dedicated to promoting private dispute resolution
and pursuing action plans to make the country a viable and practical venue for private dispute
resolution.

CIAP
The CIAP reconvened the Committee on CIAP Document 102 composed of
representatives from the Philippine Constructors Association, Inc. (PCA); United Architects of
the Philippines (UAP); Philippine Institute of Constrution Arbitrators and Mediators, Inc.
(PICAM); Confederation of Filipino Consulting Organizations, Inc. (COFILCO); Council of
Engineering Consultant of the Philippines (CECOPHIL)A; Subdivision and Housing Developers
Association, Inc. (SHDA); Construction Project Management Association of the Philippines
(CPMAP); Philippine Chamber of Commerce, Inc. (PCCI); Chamber of Real Estate and Builders
Association (CREBA); Philippine Institute of Civil Engineers, Inc. (PICE); and the Society of
Philipine Accredited Consultants (SPAC). The Committee believes that the document is still
relevant but this is an opportune time to review for updates and improvements considering the
last revision was in 2004. The objective is for CIAP Document 102 to be the norm in contracts
for private construction. Hence, the Committee will lobby for the use of CIAP Document 102 as
Philippine Bidding Document and to make it part of the Philippine National Standards (PNS) by
the DTI-Bureau of Philippine Standards (BPS). The Committee will also deliberate on the
proposed annotations in CIAP Document 102 to make it more comprehensible and effective.

CIAC
The Philippines' Construction Industry Arbitration Commission ("CIAC") has original
and exclusive jurisdiction over disputes originating from or related to contracts entered into by
parties involved in construction in the Philippines. Building disputes can range from contractual
money demands to disagreements over construction work performance. Construction disputes
can involve both public and private contracts.
CIAC arbitration is typically speedier and less expensive than court action. According to
the CIAC's Revised Rules of Procedure, an award must be made within 30 days of a matter being
filed for resolution, but no later than six months from the signing of the Terms of Reference.
Arbitrators chosen by the CIAC also charge cheaper fees than arbitrators appointed by other
arbitration organizations and institutes.
PROFESSIONAL RESPONSIBILITY

 Civil engineers design, build, and supervise infrastructure projects and systems. Civil
engineers generally work in a variety of locations and conditions. It is common for them
to split their time between working in an office and working outdoors at construction
sites so that they can monitor operations or solve problems onsite. Most work full time.
 As a customer service agent, you are the company's public face. Even if you did not make 
the error, you are still speaking on behalf of the product and the organization. The client d
oesn't care who is to blame for the malfunction. As a result, the best thing you can do is a
ccept responsibility, admit your mistakes, and devise a solution. Even if the problem is un
usual and you are unsure what to do, you should always present the customer with a solut
ion. Tell them exactly what you're going to do, who you'll seek advice from, and that you'
ll take care of their problem.

Professional Ethic Fundamental Principals

In order to maintain and enhance the integrity, honor and dignity of their
professions, according to the highest standards of moral conduct and professional ethics,
the Engineer and the Surveyor:
 They must remember that their primary role as professional is to serve humanity.
 Your interactions as a professional and a client, as well as as a professional and an emplo
yer, should be guided by the fundamental function of promoting humanity's well-being an
d protecting the public interest.They will be truthful and impartial in the performance of t
heir professional functions, always maintaining their independence from the criteria that f
orm the foundation of professionalism.
 They will work to raise the status and reputation of engineering and surveying.
 OBLIGATIONS OF THE CIVIL ENGINEER
Prepared by Joan Datu Aban

A registered professional engineer must know and comply with the Professional
Engineers Registration Act and regulations and other laws relevant to the provision of
professional engineering services. In addition, a registered professional engineer who is an
endorsed building engineer must know and comply with the Building Act and regulations and
other laws relevant to their functions.
A civil engineer performs a variety of common duties every day. These duties are an
essential component of the civil engineer's employment and help them practice their profession
to the best of their abilities. Analyzing numerous aspects of a construction project is one of the
civil engineer's general duties. The civil engineer will examine both the proposed site location
and the overall construction project that will be carried out at such a site. Every step of the way,
they will evaluate the strategy for finishing the construction project.
In addition, the civil engineer must plan the construction project in accordance with the
findings from their investigation of the proposed project. The civil engineer is responsible for
inspecting the finished product both during and after the process to make sure that all rules,
regulations, and instructions have been followed precisely.
The following are the obligations of a civil engineer;
1. Perform the Scope of an Engineering Services

Civil Engineer shall perform the scope of an engineering services as stated in

Section 2 that contains the scope of civil engineering practice includes offering expert
services related to facilities and constructions that use civil engineering, including but not
limited to, first, planning and designing, project promotion services, technical, economic,
and financial feasibility studies. Second, per-design services including but not restricted
to consultation, advisory services, providing written guidance and directives, evaluations,
surveys, investigations, quantity surveys, appraisals and adjustments, environmental
impact assessment and studies, schematic design, and design development. Third
preparation, signing, and sealing of contract documents, plans, specifications,
computations, bills of materials, and cost estimates; invitations for bids and proposals;
instructions to bidders and offer; general conditions; and special conditions. Fourth, the
general management, administration, supervision, coordination, and responsible direction
of the planning, designing, construction, reconstruction, erection, alteration, conversion,
enlargement, or demolition, renovation of civil engineering structures and facilities,
including all of their components, sites, and surroundings, intended for private or public
use. Fifth planning, laying out, and making use of the sites, interiors, spaces, utility
systems, equipment, and fittings of such civil engineering structures and facilities, as well
as those that surround them. Sixth construction dispute resolution, planning,
management, conservation, and restoration. Second to the last, all activities that are
related to the systematic and organized coordination of all activities and branches of
activities, as well as the systems and procedures required to produce finished civil
engineering structures and facilities, whether for public or private use, in order to
improve and protect life, health, and property, as well as to promote and enrich the
quality of life. Last all additional tasks, initiatives, and activities that call for a civil
engineer's professional expertise, such as the instruction of civil engineering professional
subjects and the use of computer-aided design and computer-assisted mapping in the
field.
The development, design, planning, calculation, monitoring, execution, and
management of the building, road, and physical structure construction, including bridge,
dam, and their maintenance, are all included in the scope of civil engineering.

2. Exercise Reasonable Skill, Care And Diligence

Civil Engineer shall discharge his commitments with due skill, care, and
diligence. The obligation in the Code to exercise skill, diligence and reasonable care
when providing professional engineering services reinforces your common law duties. It
is also consistent with the obligation commonly included in many professional
 engineering services engagement agreements that you perform services with reasonable
skill, care and diligence.
Some examples of a professional engineer not exercising skill, diligence and care;
1. A retaining wall is built over an easement or underground infrastructure
because the professional engineer failed to seek advice from the local council
or DIAL BEFORE YOU DIG before designing and certifying the wall.
2. A professional engineer advises a client that a change to a pipe size will only
incur additional costs for the pipe replacement without foreseeing other
associated costs, such as a change to the size or number of required pumps.

3 Shall Act Independently and, As Required by the Contract, Perform with the
Necessary Skills and Professional Judgement

When needed to certify, decide, or exercise discretion between the client and a
third party with which the client has a contract, the civil engineer shall operate
independently, fulfil the contract's requirements with the requisite abilities and
professional judgment, and act as required by the contract. A registered professional
engineer must act in the best interests of a client unless it would be unlawful,
unreasonable, or improper to do so.

4 Authorized to Act as the Client’s Faithful Agent

When necessary, the Civil Engineer is entitled to represent the Client faithfully,
but only to the extent that is suggested by the engineering services' scope or by the
project's contract.
A registered professional engineer must act with honesty, fairness and integrity
and must not misinform, mislead or deceive any parties or permit themselves to be
misrepresented with respect to any work, document, presentation or publication.
As a professional you must be honest, act with integrity and treat all parties fairly
when providing professional engineering services in all your professional relationships.
This applies to all of your dealings and communications relating to the provision of
professional engineering services, whether face-to-face or virtual, by phone or otherwise
such as emails, texts and social media posts.
Acting with honesty, fairness and integrity means that you do not misinform any
party (knowingly provide incorrect or incomplete information) and that your conduct –
actions and statements – must not be misleading or deceptive. A professional engineer must
make reasonable attempts to gather all relevant information.
 For instance, an endorsed building engineer is made aware by a building surveyor
that the alterations to a building comprise more than 50 per cent of the whole building but
they do not undertake a review of relevant aspects for the whole building because the
project would become more complex and expensive.

5 When aware of any matters which will change or has changed the Scope of the
Services.
When the CE becomes aware of any circumstances that will or have modified the
scope of the services, the client will get a written notice from the CE outlining the
specifics of the change. A registered professional engineer must inform a client or their
employer of their professional concerns about a particular action or project and the likely
consequences for affected parties.
If your engineering advice, decisions and judgments are, or are likely to be,
modified, overruled or disregarded, you must take reasonable steps to advise your client and
employer of your professional concerns and the potential consequences for any parties
likely to be affected.
For instance, on receiving advice from their professional engineer to install
subsurface drainage underneath a building slab, the client replies that they are instead
considering waterproofing the slab with plastic sheeting. In response, the professional
engineer informs the client of the potential degradation of the plastic sheeting over time and
the subsequent impact of water on the long-term performance of the slab.

6 Shall not initiate or proceed with any subsequent stage of the services without the
approval of the client.

Without the client's consent, Civil Engineer may not begin or continue with any
further stage of the services. Civil Engineer should consider meeting with his client and/or
his employer as soon as possible to outline your concerns and the potential consequences.
This will ensure that all of the facts, assumptions, risks, actions and recommendations are
presented to all parties. Best practice is to follow up with written advice, such as an email or
other electronic or paper-based communication.
7 Direct and Co-operate with all other Professionals.
Supervise and work in conjunction with all other professionals, integrating their
work into the Civil Engineer's and other professionals' projects as necessary, but shall not
be held professionally liable for their work.
A registered professional engineer who directly supervises an unregistered person
must not permit the person to act outside their area of competence and must be
 responsible and have sufficient control to ensure that the work is carried out to the
appropriate standard.
Under the Professional Engineers Registration Act an unregistered person may
provide professional engineering services if they work under the direct supervision of a
registered practising professional engineer.

8 May recommend specialist suppliers and/or contracts to design and execute certain
parts of the works.

The CE may make recommendations for specialist suppliers and/or contracts to

design and carry out specific portions of the works; however, in this case, the CE will no
longer be held accountable for the design, manufacture, installation, and performance of
any such part or parts of the works. Instead, the CE will coordinate the design of such
part or parts with the overall design of the works.

9 Notify the Client of any Interest the Civil Engineer

Must let the Client know about any interests the Civil Engineer may have that
could materially conflict with the Client's interests as stated in their contract.
A registered professional engineer must communicate with a client and, in certain
circumstances a prospective client, in an effective and timely manner.
Effective and timely communication with a client can assist in minimizing
complaints and misunderstandings about the deliverable and outcomes of professional
engineering services. Complaints can arise where a client feels inadequately informed of the
progress of a project or feels that what actually happened was very different from what they
felt they were led to expect.

10 Shall pay the CE for his Services.

Client shall pay the CE the fees and expenditures specified in or determined in their
agreement in exchange for the CE's services.
Agreement contract between a CE and a Client plays an important part. A contractor
or CE performs specific project/tasks. Contract Agreement defines the overall terms and
conditions regarding the work undertaken by the contractor as well as their role, duties, and
obligations.
 11 Shall provide the CE within reasonable time.
Shall supply the CE with all information requested by the CE in the performance of
his services within a reasonable amount of time (that does not cause a delay in the
provision of the services), as well as a written decision on all matters properly referred to
the Client in Writing.

12 Cooperate with the CE and shall not interfere with.

Client will work with the CE in a cooperative manner and will not impede or interfere
with how the services are provided properly. The Client shall cooperate with the Civil
Engineer and shall not interfere with or obstruct the proper performance of the Services. The
Client shall, as soon as practicable, make arrangements to enable the Civil Engineer to enter
the site and inspect facilities needed in the performance of his services.

13 Shall arrange for the provision of services from other professionals.

Client is responsible for making all arrangements and paying for the services of any
other professionals or other parties that may be needed. As Civil engineers provide a range of
services to both the private and public sectors of society, including consulting, planning,
design, preparation of proposals, requirements, and estimates, contracting, works
engineering, and construction project management that is why if you are a client and you hire
one then you must pay for their service.

14 When the CE is required to administer the work of other professionals.

Any instructions from the Client must go through the CE if the CE is needed to
oversee the work of other experts or other third parties that the Client has directly hired or if
the CE is needed to serve as the Client's engineer for any Contract.

15 When aware of any matter which will change or has changed the scope of the Civil
Engineer’s Services.

If the client becomes aware of anything that will or has modified the scope of the
Civil Engineer's Services, they must tell the CE in writing within 7 days, including as much
information about the change as is reasonably possible.
 LIABILITY OF THE CIVIL ENGINEER AND THE CLIENT
Prepared by Nur – Ysmael Sumlay

 If the client becomes aware of anything that will or has modified the scope of the Civil
Engineer's Services, they must tell the CE in writing within 7 days, including as much
information about the change as is reasonably possible.
 If a breach of the Civil Engineer's duty of care is shown, only then will the Civil Engineer
be responsible for compensating the Client for losses resulting from or related to their
Agreement.
 If a breach of the Client's duty to the Civil Engineer is established against the Client, the
client shall only be liable for compensating the Civil Engineer for damages.
 Any conflicts resulting from the agreement between the Civil Engineer and the client
shall be resolved by arbitration wherever possible.
• Amicable Settlement
An agreement obtained through mediation and conciliation procedures.
• Mediation
A neutral third party is chosen by both parties and meets with the parties during the
mediation process to help them resolve their conflicts.
• Arbitration
Negotiation where the third-party (considered as impartial) is in control in making the
final decision.
• Litigation (Court Proceeding)
Negotiation where courts and civil justice system are involved.
 A third-party arbitrator who is acceptable to both the Client and the Civil Engineer will
establish both the Civil Engineer's breach of duty and the Client's violation of obligation
to the Civil Engineer.