CE356 (CE LAWS, ETHICS, AND CONTRACTS) -
NOTES
TOPIC 1: REPUBLIC ACT NO. 544
 An act to regulate the practice of Civil
Engineering in the Philippines
 Approved June 17, 1950 (As amended by R.A.
No. 1582, approved on June 16, 1956)
 ARTICLES
- Article I – Title of the Act and Definition of
Terms
- Article II – Board of Examiners for Civil
Engineers
- Article III – Examination and Registration
- Article IV – Enforcement of Act and Penal
Provisions
- Article V – Miscellaneous Provisions
Act No. 2985
 February 1921
 An act to regulate the practice of the professions
of Engineer and Architect
Act No. 3159
 March 1924
 An act to amend the Act No. 2985, entitled “An
Act to regulate the practice of the Professions of
Engineer and Architect”
Republic Act No. 1582
 June 1956
 An act to repeal and replace Section 24 of RA
No. 544, Entitled “An Act to Regulate the
Practice of Civil Engineering in the Philippines”
ARTICLE I - TITLE OF THE ACT AND DEFINITION OF
TERMS
Section 1. Title of Act
- This act shall be known as the “Civil Engineering
Law”
Section 2. Definition of Terms
- (a) 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.
- (b) Civil Engineer is a person duly registered
with the Board for Civil Engineers.
ARTICLE II - BOARD OF EXAMINERS FOR CIVIL
ENGINEERS
Section 3. Composition of Board
- composed of a chairman and two members who
shall be appointed by the President of the
Philippines, upon recommendation of the
Commissioner of PRC
- Members of the Board - shall hold office for a
term of three years after appointment or until
their successors shall have been appointed and
shall have qualified.
- Any member of the Board may be removed by
the President of the Philippines, upon
recommendation by the Professional Regulation
Commission for neglect of duty, incompetency,
malpractice, unprofessional, unethical, immoral,
or dishonorable conduct.
Members of the Board:
1. Dr. Praxedes P. Bernardo – Chairman
 Structural engineering and
construction
2. Dr. Romeo A. Estanero – Member
 Hydraulics and Geotechnical
Engineering
3. Dr. Pericles P. Dakay – Member
 Mathematics, Surveying and
Transportation Engineering
Section 4. Powers and Duties of the Board
i. Duties of the Board are the following:
- Administer oath
- Issue, suspend and revoke certificates of
registration for the practice of civil
engineering
- Issue certificates of recognition to civil
engineers for advanced studies, research,
and/or highly specialized training in any
branch of civil engineering subject
- Investigate violations of this Act and the
regulations.
ii. Each member of the Board shall, at the time of
his appointment:
- Issue subpoena and subpoena duces
tecum to secure appearance of witnesses in
connection with the charges presented to the
Board
- Inspect at least once a year educational
institution offering courses in civil
engineering, civil engineering works, projects
or corporations, established in the Philippines
• Adopt a code of ethics in the practice of civil
engineering
Section 5. Qualification of Board Members
i. Each member of the Board shall, at the time of
his appointment.
a. Be a citizen and resident of the
Philippines;
b. Be at least thirty years of age and of good
moral character;
c. Be a graduate of civil engineering from a
recognized and legally constituted school,
institute, college or university.
d. Be a registered civil engineer duly qualified
to practice civil engineering in the Philippines;
e. Have practiced civil engineering, with a
certificate as such, for a period of not less
than ten years prior to his appointment.
f. Not be a member of the faculty of any
school, institute, college, or university where
civil engineering course is taught, nor have a
pecuniary interest in such institutions;
g. No former members of the faculty of any
school, institute or university where civil
engineering is taught can become a member
of the Board unless he had stopped teaching
for at least three consecutive years.
Section 6. Fees and Compensation of Board
• Fees
 Php100 for every application for
examination
 Php50 for every certificate of registration
• Compensation
 Each member of the board shall receive
Php15 for each applicant examined
 Each member shall receive a salary grade
based on government compensation and
qualification
 All authorized expenses shall be
reimbursed by the PRC in accordance to
the appropriation of the commission
Section 7. Annual Report
• The Board shall, at the end of each fiscal year,
submit to the PRC a detailed report of its activities
and proceedings during the period covered by the
fiscal year ended.
ARTICLE III - EXAMINATION AND REGISTRATION
Section 8. Examination Requirement
• All applicants for registration for the practice of
civil engineering shall be required to pass a
technical examination
Section 9. Holding of Examination
• Examinations shall be conducted in the cities
of Manila, Baguio, Cagayan de Oro, Cebu,
Davao, Iloilo, Legazpi, Lucena, Tacloban,
Tuguegarao and Zamboanga provided that such
days do not fall on official holidays
Section 10. Subjects of Examination
• Mathematics, Surveying and Transportation
Engineering
• Hydraulics and Geotechnical Engineering
• Structural Engineering and Construction
Section 11. Executive Officer of the Board
• The Commissioner of Professional Regulation
Commission shall be the executive officer of the
Board
 shall conduct the examinations given by the
Board
 designate any subordinate officer of the
PRC to act as the Secretary and custodian
of all records (examination papers and
minutes of the deliberation of the Board)
Section 12. Qualifications for Examination
- Any person applying for admission to the civil
engineering examination as herein provided
shall, prior to the date of the examination,
establish to the satisfaction of the Board that he
has the following qualifications:
a. Be at least twenty-one years of age;
b. Be a citizen of the Philippines;
c. Be of good reputation and moral character;
and
d. Be a graduate of civil engineering from a
school, institute, college or university
recognized by the Government or the State
wherein it is established
Section 13. Oath of Civil Engineers
• All successful candidates in the examination
shall be required to take a professional oath
before the Board of Civil Engineers or other
Government Officials authorized to administer
oaths, prior to entering upon the practice of the
civil engineering profession.
Section 14. Seal and Use of Seal
• All registered civil engineers shall obtain a seal
of such design as the Board shall authorize and
direct: Provided, however, that the serial number
of the certificate issued by the Board shall be
included in the design of the seal.
Section 15. Exemption from Registration
1. Registration shall not be required of the
following persons:
a. Officers or enlisted men of the United States
and Philippine Armed Forces, and civilian
employees of the Government of the United
States stationed in the Philippines while
rendering civil engineering services for the
United States and/or Philippines.
 b. Civil engineers or experts called in by the
Philippine Government for consultation, or
specific design and construction of fixed
structures as defined under this Act, provided
that their practice shall be limited to such work.
2. Any person residing in the Philippines may
make plans on specifications for any of the
following:
a. Any building in chartered cities or in towns
with building ordinances, not exceeding the
space requirement specified therein, requiring
the services of a civil engineer.
b. Any wooden building enlargesent or alteration
which is to be used for farm purposes only and
costing not more than ten thousand pesos.
c. Provided, however, that there shall be nothing
in this Act that will prevent any person from
constructing his own (wooden or light material)
residential house, utilizing the services of a
person or persons required for the purpose,
without the use of a civil engineer, as long as he
does not violate local ordinances of the place
where the building is to be constructed.
3. Nor shall anything in this Act prevent draftsmen,
student clerk-or-work, superintendents, and other
employees of those lawfully engaged in the
practice of civil engineering under the provisions
of this Act, from acting under the instruction,
control or supervision of their employer.
4. Nor shall anything in this Act prevent any
person who prior to the approval of this Act have
been lawfully engaged in the practice of "maestro
de obras" to continue as such, provided they shall
not undertake the making of plans supervision for
the following classes of work:
a. Building of concrete whether reinforced or not.
b. Building of more than two stories.
c. Building with frames of structural steel.
d. Building of structures intended for public
gathering or assemblies such as theaters,
cinematographs, stadia, churches, or structures
of like nature.
5. Nor shall anything in this act prevent
professional architects and engineers to practice
their profesisons.
Section 16. Refusal to Issue Certificate
• Board shall not issue a certificate
 to any person convicted by a court of
competent jurisdiction of any criminal
offense involving moral turpitude
 to any person guilty of immoral or
dishonorable conduct
 to any person of unsound mind
• In the event of a refusal to issue a certificate to
any person, the Board shall give to the applicant a
written statement setting forth its reason for such
action
Section 17 Suspension and Revocation of Certificates
• The Board shall have the power, after due notice
and hearings to suspend or revoke the certificate
of registration for any cause mentioned in the
preceding section.
Section 18. Re-issue and Replacement of Certificates
• The Board may, after the expiration of one year
from the date of certificate of registration is
revoked and for reasons it may deem sufficient,
entertain an application for a new certificate of
registration from the registrant concerned.
• Such application shall be accomplished in the
same form prescribed for examination, but the
Board may, in its discretion, exempt the applicant
from taking the requisite examination
Section 19. Transitory Provisions
 any person desiring to practice the profession
of civil engineering shall be required to obtain
a certificate of registration in the manner and
under the conditions hereinafter provided All
civil engineers duly licensed under the
provisions of Act No.2985, as amended, at the
time this Act takes effect, shall be
automatically registered under the provisions
hereof.
 All graduates in civil engineering from a
school, institute, college, or university
recognized by the Government who have
passed the civil service examination for senior
civil engineer
 All graduates in civil engineering from a
school, institute, college, or university
recognized by the Government who have
passed the civil service examination for senior
civil engineer and have been practicing or
employed in the Government as such during
five years are exempted from taking
examination
ARTICLE IV - ENFORCEMENT OF ACT AND PENAL
PROVISIONS
Section 20. Enforcement of the Act by officers of the law
• Duty of all duly constituted law officers of the
national, provincial, city and municipal
governments, or any political subdivisions thereof,
to enforce the provisions of this Act and to
prosecute any person violating the same
Section 21. Registration required
 • 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, unless exempted
from registration
Section 22. Penal provisions
- Any person who shall practice or offer to practice
civil engineering in the Philippines without being
registered in accordance with the provisions of
this Act
- Any person presenting or attempting to use as
his own the certificate of registration of a
registered civil engineer
- Any person who shall give any false or forged
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 or swspended
certificate of registration
Section 22. Penal provisions
 Any person who shall use in connection with
his name or otherwise assume, use or
advertise any title or description tending to
convey the impression that he is a civil
engineer, without holding a valid certificate of
registration
 Any person who shall violate any of the
provision of this Act
 Any person who 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 not more than one
year, or both, in the discretion of the court.
ARTICLE V - MISCELLANEOUS PROVISIONS
Section 23. Preparation of plans and supervisions of
construction by registered civil engineer
 It shall be unlawful for any person to order or
otherwise cause the construction,
reconstruction, or alteration of any building or
structure intended for public gathering or
assembly and any other engineering
structures mentioned in section two of this Act
unless the designs, plans, and specifications
have been prepared under the responsible
charge of, and signed and sealed by a
registered civil engineer, and unless the
construction reconstruction _and/or alteration
thereof are executed under the responsible
charge and direct supervision of a civil
engineer.
Section 24.
 Nobody shall be a member or partner of a
firm, partnership or association using the term
"Engineers" Nor "Engineers and Architects"
unless he is a duly licensed civil engineer or
architect.
 Members who are civil engineers shall
only render work and services proper for a
civil engineer
 Members who are architects shall also
only render work and services proper for
an architect
 Individual members of such shall be
responsible for their own respective acts
Section 25. Reciprocity requirements
 No person who is not a citizen of the Philippines
at the time he applies to take the examination
shall be allowed to take it unless he can prove in
the manner provided by the Rules of Court that,
by specific provision of law, the country of which
he is a citizen, subject, or national either admits
citizens of the Philippines to the practice of the
same profession without restriction or allows
them to practice it after an examination on terms
of strict and absolute equality with citizens,
subjects, or nationals of the country concerned,
including the unconditional recognition of
degrees Issued by institutions of learning duly
recognized for the purpose by the Philippine
Government.
Section 26. Roster of civil engineers
 A roster showing the names and places of
business of all registered civil engineers shall be
prepared by the Commissioner of PRC
periodically but at least once a year.
Section 27. Repeal
 All laws, parts of laws, orders, ordinances, or
regulations in conflict with the provisions hereof;
including parts of Act No. 2985, as amended, as
pertains to the practice of civil engineering, are
hereby repealed, except the provisions of
Republic Act No. 3159 Amending Act No. 2985,
pertaining to the practice of "maestro de obras"
Section 28. Construction of Act.
 If any part or section of this Act shall be
declared unconstitutional, such declarations
shall not invalidate the other provisions
hereof.
Section 29. Effectivity.
 This Act shall take effect upon its approval.
NOTE!
1. 45 Professional Regulatory Boards (not 43 PRBs)
under PRC currently.
2.

TOPIC 2: CODE OF ETHICS
FUNDAMENTAL PRINCIPLES
Engineers uphold and advance the integrity, honor and
dignity of the 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 and clients;
 striving to increase the competence and
prestige of the engineering profession; and
 supporting the professional and technical
societies of their disciplines.
FUNDAMENTAL CANONS
OVERVIEW
CANON 1. Engineers shall hold paramount the safety,
health, and welfare of the public and shall strive to
comply with the principles of sustainable development3
in the performance of their professional duties.
CANON 2. Engineers shall perform services only in
areas of their competence.
CANON 3. Engineers shall issue public statements only
in an objective and truthful manner.
CANON 4. Engineers shall act in professional matters for
each employer or client as faithful agents or trustees and
shall avoid conflicts of interest.
CANON 5. Engineers shall build their professional
reputation on the merit of their services and shall not
compete unfairly with others.
CANON 6. Engineers shall act in such a manner as to
uphold and enhance the honor, integrity, and dignity of
the engineering profession.
CANON 7. Engineers shall continue their professional
development throughout their careers and shall provide
opportunities for the professional development of those
engineers under their supervision.
GUIDELINES TO PRACTICE UNDER THE
FUNDAMENTAL CANONS OF ETHICS
CANON 1. 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 professional duties.
a. Engineers shall recognize that the lives, safety, health
and welfare of the general public are dependent upon
engineering judgments, decisions and practices
incorporated into structures, machines, products,
processes and devices.
b. 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. Engineers whose professional judgment 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. 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. 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 the protection of the environment
through the practice of sustainable development.
f. 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. Engineers shall perform services only in
areas of their competence.
A. Engineers shall undertake to perform engineering
assignments only when qualified by education or
experience in the technical field of engineering involved.
b. 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. Engineers shall not affix their signatures or seals to
any 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 supervisory control.
CANON 3. Engineers shall issue public statements only
in an objective and truthful manner.
a. Engineers should endeavor to extend the public
knowledge of engineering and sustainable development,
and shall not participate in the dissemination of untrue,
unfair, or exaggerated statements regarding engineering.
b. 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.
engineers, when serving as expert witnesses, shall
express an engineering opinion only when it is founded
upon adequate knowledge of the facts, upon a
background of technical competence, and upon honest
conviction.
d. Engineers shall issue no statements, criticisms, or
arguments on engineering matters which are inspired or
paid for by interested parties, unless they indicate on
whose behalf the statements are made.
e. 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 profession.
CANON 4. Engineers shall act in professional matters for
each employer or client as faithful agents or trustees and
shall avoid conflicts of interest.
a. 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 association, interests, or circumstances which
could influence their judgment or the quality of their
services.
b. 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 parties.
c. 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. Engineers in public service as members, advisors, or
employees of a governmental body or department shall
not participate in considerations or actions with respect
to services solicited or provided by them or their
organization in private or public engineering practice.
e. Engineers shall advise their employers or clients
when, as a result of their studies, they believe a project
will not be successful.
f. Engineers shall not use confidential information
coming to them in the course of their assignments as a
means of making personal profit if such action is adverse
to the interests of their clients, employers or the public.
g. Engineers shall not accept professional employment
outside of their regular work or interest without the
knowledge of their employers.
CANON 5. Engineers shall build their professional
reputation on the merit of their services and shall not
compete unfairly with others.
a. 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. 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. Engineers may request, propose or accept
professional commissions on a contingent basis only
under circumstances in which their professional
judgments would not be compromised.
d. Engineers shall not falsify or permit misrepresentation
of their academic or professional qualifications or
experience.
e. Engineers shall give proper credit for engineering
work to those to whom credit is due and shall recognize
the proprietary interests of others. Whenever possible,
they shall name the person or persons who may be
responsible for designs, inventions, writings or other
accomplishments.
f. 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:
- Professional cards in recognized, dignified
publications, and listings in rosters or directories
published by responsible organizations, provided
that the cards or listings are consistent in size
and content and are in a section of the
publication regularly devoted to such
professional cards.
- Brochures which factually describe experience,
facilities, personnel and capacity to render
service, providing they are not misleading with
respect to the engineer's participation in projects
described.
- Display advertising in recognized dignified
business and professional publications,
providing it is factual and is not misleading with
respect to the engineer's extent of participation
in projects described.
- 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.
- Preparation or authorization 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.
- Permission by engineers for their names to be
used in commercial advertisements, such as
may be published by contractors, material
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
of proprietary products.
g. 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. 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. Engineers shall act in such a manner as to
uphold and enhance the honor, integrity, and dignity of
the engineering profession.
a. Engineers shall not knowingly act in a manner which
will be derogatory to the honor, integrity, or dignity of the
engineering profession or knowingly engage in business
or professional practices of a fraudulent, dishonest or
unethical nature.
CANON 7. Engineers shall continue their professional
development throughout their careers and shall provide
opportunities for the professional development of those
engineers under their supervision.
a. 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. Engineers should encourage their engineering
employees to become registered at the earliest possible
date.
c. Engineers should encourage engineering employees
to attend and present papers at professional and
technical society meetings.
d. 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.
TOPIC 3: PROFESSIONAL PRACTICE OF CIVIL
ENGINEERING
PART 1
Professional Responsibility
- 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.
- 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, employers,
employees, competitors and the community.
CLIENT-CIVIL ENGINEER RELATIONSHIP
 OBLIGATIONS OF THE CIVIL ENGINEER
 OBLIGATIONS OF THE CLIENT
 LIABILITY OF THE CIVIL ENGINEER AND THE
CLIENT
The Obligations of the Civil Engineer include:
1. The Civil Engineer shall perform the 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 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 the
scope of services or implied in the contract adopted for
the project.
5. When aware of any matters which will change or has
changed the scope of service, the Civil Engineer 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
cooperate 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 for 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 part 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 interests of the Client under their
Contract.
The Obligations of the Client include:
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 all 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 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 practicable, the particulars
of the change.
Liability of the Civil Engineer 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 the 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.
Limitation of 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 other
Consultant, Contractor or supplier to the Client or any
employee or agent of the Client, Other Consultants,
Contractors 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 or 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, method, programmes, sequences or
procedures adopted by the 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.
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 PHP300,000 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 five percent of the total fees payable under their
Agreement;
3. If found to be liable, in circumstances 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.
PART 2
CLIENT-CIVIL ENGINEER RELATIONSHIP
 SUSPENSION OR TERMINATION OF
SERVICES
 SETTLEMENT OF DISPUTES
 OWNERSHIP OF DATA, DESIGNS AND
DOCUMENTS
SUSPENSION OR TERMINATION OF SERVICES
1. 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.
2. If by reason of the abovementioned circumstances
certain Services had been suspended, the time for their
completion shall be extended by the extent of the delay
plus a reasonable period for their resumption, or if the
speed of performing certain Services has to be reduced,
the time for their completion shall be extended as is
necessary by reason of the circumstances.
3. 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:
- When 30 davs after the due date or pavment 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
- 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.
The Client may suspend all or part of the Services or
terminate the Agreement by written notice of not less
than 30 davs to the Civil Engineer who shall
immediately make arrangements to stop the Services
and minimize further expenditure.
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.
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 prescribed time then the
matter in dispute shall be referred to arbitration.
OWNERSHIP OF DATA, DESIGNS AND DOCUMENTS
The design analyses, drawings, specifications and
reproductions thereof are instruments of service owned
by the Professional Engineer and shall be used only for
the specific project covered by the agreement between
the Client and Engineer.
CIVIL ENGINEERS AND CIVIL ENGINEERING FIRMS,
WHETHER THEY SERVE PUBLIC OR PRIVATE
EMPLOYERS (CLIENTS) CAN PROVIDE A VARIETY
OF IMPORTANT SERVICES. TYPICAL SERVICES
MAY INCLUDE:
• Design, consultations and advice
• Feasibility studies
• Field investigations and engineering data collection
CIVIL ENGINEERING SERVICES
• Environmental assessments, impact statements or
engineering reports
• Opinions of probable construction cost
• Preliminary and final designs, drawings, specifications
and construction bidding documents
• 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
• Value engineering
• Expert testimony
• Assessment of risks
• Structural remediation or rehabilitation
• Project Management and controls
• Provision of supplemental temporary staff
• Teaching
SPECIALIZATION IN CIVIL ENGINEERING
Within the practice of civil engineering, the PICE
recognizes the initial five areas of specialization. A Civil
Engineer who has demonstrated his knowledge,
experience, education, and training in accordance with
the requirements of the concerned Specialty Committee
of PICE is awarded a certificate of specialization by
PICE. Those awarded with the certificates are
considered qualified for positions in the respective areas
of specialization.
The PICE recognizes specializations in the fields of
- Structural Engineering,
- Geotechnical Engineering,
- Water Engineering,
- Transportation Engineering and
- Construction Management and Engineering.
SELECTION OF A CIVIL ENGINEER
The accomplishment of the client's objectives and
commitment of financial resources, soundness of design,
and suitability of the proposed project for its intended
function rest upon the experience, organization, skill,
integrity, and judgment of the Civil Engineer. The Civil
Engineer's recommendation based on these factors,
affect life-cycle costs, and thereby influence the
economic feasibility of the undertaking.
The cost of the full range of engineering services who, while in the country on a visit, sojourn or permanent
typically amounts to not less than 1 to 2% of the life- residence, desire to practice their profession.
cycle cost of most construction projects. It is, therefore in
the client's best interest to engage the most qualified and The application of the law is however not automatic.
reputable Civil Engineers or Civil Engineering firm Foreign civil engineers must still secure a certificate of
available. It is usually advantageous for the client to registration/license or special permit from the
select a Civil Engineer who can support the project from Professional Regulation Commission. Agencies,
conception through design, construction and project organizations, or individuals, whether public or private,
start-up. Continuity of service aids in developing a who secure the services of a foreign civil engineer, are
relationship between the Civil Engineer and the client, made responsible by law (R.A. 8981) for securing a
which will add to the success of the project. special permit from PRC and the Department of Labor
and Employment pursuant to their respective rules.
Qualifications, experience, reputation and quality of
client service are of critical importance in the selection
of a Civil Engineer as a consultant. Selection based
primarily on cost of services, with limited consideration of
the competence or expertise of the consultant, can result
in unsatisfactory service to the client and in higher
overall project costs.
Once a Civil Engineer is selected, detailed discussions
between the engineer and client to define the scope and
expectations of the engineering services to be provided
are essential before negotiating a fee for services. A
clearly defined scope of services greatly reduces the
potential for misunderstandings or confusion which can
later evolve into project delays and claims for additional
compensation. A detailed scope of services protects the
interests of both the client and the consultants.
The Philippine Institute of Civil Engineers supports
procedures such as those specified by CIAP Documents
101 and 102, Executive Order 164 and PD 1594 as
amended. In applying these procedures the selection,
procurement and administration of engineering services
should be the responsibility of the owner or the owner's
engineering staff.
PROFESSIONAL PRACTICE OF FOREIGN CIVIL
ENGINEERS
FOREIGN CIVIL ENGINEERS ARE ALLOWED BY LAW
(SEE RA 8981)
TO PRACTICE CIVIL ENGINEERING IN THE
PHILIPPINES UNDER THE FOLLOWING INSTANCES:
1. The laws of the foreigner's state or country allow the
citizens of the Philippines to practice civil engineering on
the same basis and grant the same privileges as those
enjoyed by the subjects or citizens of such foreign state
or country.
2. Allowed under international agreement.
3. Consultants to be engaged in foreign-funded, joint
venture or foreign-assisted projects of the government.
4. Employees of the Philippine or foreign private
institutions pursuant to law.
5. Civil Engineers who were former citizens of the
Philippines, who had been registered and issued a
certificate of registration and a professional identification
card prior to their naturalization as foreign citizens, and