Ce Laws Midterm Reviewer PDF

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CE LAWS, ETHICS, AND CONTRACTS

Midterm Reviewer

Module 1
LAWS

• RA 544
o An Act to regulate the practice of Civil Engineering in the Philippines, 1950;
• RA 1582
o Amends 544
o An Act to Repeal and Replace Section Twenty-Four of Republic Act Numbered
Five Hundred Forty-Four, Entitled “An Act to Regulate the Practice of Civil
Engineering in the Philippines”
o A person duly registered with the Board of Examiners for Civil Engineers
(Professional Regulation Commission) which engage or practice in form of
consultation, design, preparation of plans, specifications, estimates, erection,
installation and supervision of the construction of streets, bridges, highways,
railroads, airports and hangars, portworks, 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.
▪ SECTION 1. Section twenty-four of Republic Act Numbered Five
hundred forty-four is hereby repealed, and in lieu thereof, the said
section shall provide as follows:
▪ “SEC. 24. The practice of civil engineering is a professional service,
admission to which must be determined upon individual, personal
qualifications. Hence, no firm, partnership, corporation or association
may be registered or licensed as such for the practice of civil
engineering: Provided , However, That persons properly registered and
licensed as civil engineers may, among themselves or with a person or
persons properly registered and licensed as architects, form, and
obtain registration of, a firm, partnership or association using the term
“Engineers” or “Engineers and Architects,” but, nobody shall be a
member or partner of such firm, partnership or association unless he
is a duly licensed civil engineer or architect, and the members who are
civil engineers shall only render work and services proper for a civil
engineer, as defined in this Act, and the members who are architects
shall also only render work and services proper for an architect, as
defined in the law regulating the practice of architecture; individual
members of such firms, partnership or association shall be responsible
for their own respective acts.
▪ SECTION 2. This Act shall take effect upon its approval.
CE LAWS, ETHICS, AND CONTRACTS
Midterm Reviewer

▪ Approved: June 16, 1956.


• PD 223
o creating the professional regulation commission and prescribing its powers and
functions, 1973).

TERMS

• ETHICS
o a set of standards by which a particular group decides to regulate its behavior
o system of moral principles by which human actions and proposals may be
judged as good or bad
• MORALS
o rules for right conduct for all individuals
• MORAL RESPONSIBILITY
o refers to holding to people morally accountable for some past action or
actions.
o It also means care, welfare, or treatment of others as derived from the
specific social role that one plays in the society.
o one’s capacity for making moral or rational decisions on his own.
• BUSINESS ETHICS
o Business is a complex enterprise that involves several activities : purchasing,
manufacturing, marketing, advertising, selling and accounting
o study of what is right and wrong human behavior and conduct in business
o also the study of the perceptions of people about morality, moral norms, moral
rules and ethical principles as they apply to people and institutions in business
o it is the study, evaluation, analysis, and questioning of ethical standards,
policies, moral norms, and ethical theories that managers and decision makers
use in resolving moral issues and ethical dilemmas affecting business
• PROFESSION
o consists of a group of people organized to serve a body of specialized
knowledge in the interests of a society
o At the center of a profession is a set of skills, proficiencies, techniques and
competencies involving a line of work
• CODE OF ETHICS
o a set of principles that serve to guide the professionals in their daily work
o it is more than a minimum standard of conduct and requires that the
professionals to who the codes are aimed engage with them and develop a
personal position/stand, which they can defend in terms of code of ethics.
o Code of Ethics or Code of Conduct serves to maintain the integrity of the
profession so that its members serve “society’s best interests.”
CE LAWS, ETHICS, AND CONTRACTS
Midterm Reviewer

o It also specifies the moral considerations of professional life as well as


penalties and sanctions for violating them.
o Codes of Ethics are not stand-alone guarantee of ethical conduct or
substitute for an individual conscience but are established as a guide for
professionals in ethical dilemmas.
• IDEOLOGY
o the body of doctrine, myth and symbols of a social movement, institution,
class, or large group
• ENGINEERS
o The profession in which the knowledge of the mathematical and physical
sciences gained by study, experience and practice with judgment to develop
ways to utilize economics, materials and forces of nature for the progressive
well-being of human kind.
• PICE (Philippine Institute of Civil Engineers), INC.
o PRC Accreditation No: 007 on August 13, 1975
o SEC registered on 11 December 1973
o Amended by-laws approved by Securities Exchange Commission (SEC) on July
8, 2013.
o The PICE Vision
▪ The leader among professional organizations known globally for
professionalism, integrity, excellence and social responsibility; a key
player in nation building.
o The PICE Mission
▪ To advance the welfare of the members and the development and
prestige of the civil engineering profession and to be a dynamic force
in nation building. The objectives of the Institute shall be:
• (a) the advancement of the knowledge and practice of civil
engineering
• (b) the fostering and improvement of civil engineering education
• (c) the stimulation of research in civil engineering
• (d) the professional improvement of the its members
• (e) the maintenance of high ethical standards in the practice of
civil engineering
• (f) the promotion of good public and private clientele
relationships
• (g) the development of fellowship among civil engineers
• (h) the encouragement of professional relations with other
allied technical and scientific organizations
CE LAWS, ETHICS, AND CONTRACTS
Midterm Reviewer

• (i) the establishment of a central point of reference and union


for its members and the civil engineering profession, and
• (j) the acquisition, ownership, management and disposal of real
and/or personal property incidental to or in furthermore of the
above objectives of the Institute

Module 2
CIVIL ENGINEERS CODE OF ETHICS

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 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.

CE 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.
CE LAWS, ETHICS, AND CONTRACTS
Midterm Reviewer

The Practice of Civil Engineering

1. Civil engineers must be given responsibility for studying, conceiving, designing,


observing construction, and assisting in the programming for operating and
maintaining engineering works.
2. Civil engineers shall conduct themselves in a highly Professional Manner and serve as
faithful trustees or agents of their client or employers
3. Civil engineers are bound by the Fundamental Canons of Ethics
4. Care and protection of the environment is paramount in the Civil Engineer’s work
engagement.
5. Civil engineers must always strive to maintain the highest standard of ethical
professional practice in their dealing with client, competitors and the community.

Obligations of Civil Engineers


1. The Civil Engineer shall perform Scope of the Services
2. The Civil Engineer shall exercise reasonable skill, care and diligence in the
performance of his obligations.
3. The Civil Engineer shall act independently and as required by contract, perform with
necessary skills and professional judgement
4. The Civil Engineer is authorized to act as the client’s faithful agent when required
5. When aware of any matters which will change or has changed the scope of the
services, the Civil Engineer shall give written notice to the client containing
particulars of the change
6. 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 cooperate with all other
professionals and integrate their work
8. The Civil Engineer may recommend specialist suppliers and/or contractors to design
and execute certain parts of the works
9. The Civil Engineer shall notify the client of any interest the Civil Engineer has which
may significantly conflict with the interests of the client under their contract.

Obligations of Civil Engineers

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, all information
required by the Civil Engineer in the performance of his services and a decision in
writing on all matters properly refereed to the client in writing.
CE LAWS, ETHICS, AND CONTRACTS
Midterm Reviewer

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 practicable, make arrangements to enable the Civil
Engineer to enter the site and inspect facilities needed in the performance of his
service.
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 shall be given through the Civil Engineer
7. The client shall provide the Civil Engineer within reasonable time, all information
required by the Civil Engineer in the performance of his services and a decision in
writing on all matters properly refereed to the client in writing.

Classification of Engineering Services


Services Provided by Civil Engineers

1. Consultation, research, investigation, and reports


o Preliminary and feasibility investigations and reports
1. These services usually precede the authorization of a capital
project and may involve extensive investigations, analyses of
conditions, and comparison of several possible plans.
o Planning studies
1. These services may include the broad areas of developing the
engineering requirements of master plans for long-range capital
improvement programs; preparation of preliminary engineering
of land development plans, urban plans, and regional plans, and the
investigation of environmental conditions and preparation of
environmental impact studies with subsequent engineering
planning to improve or maintain existing conditions.
o Appraisals, valuations and rate studies
1. These services may include investigations and analysis of existing
conditions; capital and operating cost; overhead costs and cost of
financing; and revenues as needed to evaluate a property or to
recommend establishment of prospective rates
o Assistance in Financial Matters
CE LAWS, ETHICS, AND CONTRACTS
Midterm Reviewer

1. The Civil Engineer may be engaged by a client who is planning to issue


bonds, particularly revenue bonds, to finance a capital project. The
scope of services may include an evaluation of existing or proposed
facilities to meet present and projected future needs, statements of
probable construction costs, and an estimate of annual revenue
requirements, with a determination of appropriate rates to provide
this income.
o Materials engineering and equipment tests
1. These services include tests of materials and equipment under
established codes and standards, specialized examination of equipment
and materials used in construction and industry, and other inspections
and monitoring required by a client.
o Direct personal services
1. This includes services such as assistance in preparation for legal
proceedings. Appearnces before courts or commissions to render
expert opinions and consultations and investigations of technical
matters where specialized civil engineering knowledge, experience and
judgement is required.
o Research and Development
1. Research is a specialized investigation and gathering of data from
existing resources or through laboratory works and processes related
to the purpose and object of the research. Research and development
may cover the following:
1. Development of new construction materials and methods from
concept to commercialization
2. Improvement of construction materials and methods through
exhaustive studies to reduce total construction cost and at the
same time improve quality
o Special Services
1. Value engineering
2. Appraisal and valuation
3. Load testing
4. Environmental evaluations
5. Traffic engineering
6. Forensic engineering for structural and other failures
7. Safety engineering
CE LAWS, ETHICS, AND CONTRACTS
Midterm Reviewer

2. Design services for construction projects


o Study and report phase – analysis of the clients needs, conceptual opinions
of probable construction cost.
1. Priliminary design phase – preparation of final design criteria,
preliminary drawings, outline specification, and preliminary
opinions of probable construction cost.
2. Final design phase – preparation of design calculations,
construction drawings, specifications, estimated construction
cost, and other contract documents
3. Bidding or negotiating phase – assistance to the client with he
bidding or negotiating process for construction of the project.
4. Construction phase – advice and consultation on matters
related to his services
5. Operation phase – assistance to the client in start-up and
operation of the project, including periodic inspections.
3. Construction services
o A civil engineer may be employed as a construction engineer resident civil
engineer, project engineer, quality control engineer, cost engineer or engineer
inspector in a project.
o A registered civil engineer may provide the services of a supporting technical
employee as required of a construction company. He shall, however, be paid
the professional fees in addition to his regular salary for any design work he
performs which he signs as civil engineer.
4. Special services for construction projects
o Special services that may provided by the civil engineer or negotiated with
other firms or sub consultants by the civil engineer acting in behalf of the
client include:
1. Geotechnical engineering
2. Special studies, tests, and process determinations to establish design
criteria or demonstrate compliance
3. Land surveys, establishment of boundaries and monuments, preparation
of easement descriptions, and related computations and drawings.
4. Engineering and topographic surveys for design and construction
5. Mill shop, or laboratory inspections of the materials and equipment
6. Value engineering
CE LAWS, ETHICS, AND CONTRACTS
Midterm Reviewer

5. Engineering support services


o The engineering support services in general civil engineering practice may
involve drafting, land and construction surveying, and other data gathering
activities for specialized purposes.
6. Academic services
1. Teaching of civil engineering courses in engineering/universities on
part/full time basis.
2. Lecturing in civil engineering courses designed by the Philippines
Institute of Civil Engineers for practicing engineers who want to obtain
CPD credits
3. Conducting tutorials/refresher courses on civil engineering concepts
and related subjects
4. Serving as a resource speaker in technical session
5. Writing technical articles and pamphlets
7. Services as employee
o Civil engineer may be employed for any position or function in any commercial
or industrial organization.
o A licensed civil engineer may not allow to be used by the company that employs
him without proper agreement for his professional services.
o Any civil engineer employed as an individual consultant of any firm, whether
the firm is performing engineering, commercial, administrative, management
or financial services is required to comply with the requirements and the
standards herein established for a consulting civil engineering firm or
consulting civil engineer.
o All government civil engineers employed by the instrumentalities of the
government e.G. National and local shall be governed by pertinent existing laws
and regularities and particularly to those prescribed by the civil service
commission.

Types of Infrastructure under the domain of Civil Engineering

1. Streets, bridges, highways and railroads


2. Airports and hangars
3. Port works, canals, river, and shore improvements, light houses and dry docks
4. Buildings
5. Fixed structures for irrigation, flood protection, drainage, water supply and
sewerage works
6. Tunnels

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