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CE CODE OF ETHICS GUIDELINES TO PRACTICE UNDER

Fundamental Principles THE FUNDAMENTAL CANONS OF


Civil engineers uphold and advance the ETHICS
integrity, honor and dignity of the civil
engineering profession by: CANON 1. Civil Engineers shall hold
1. using their knowledge and skill for the paramount the safety, health and
enhancement of human welfare and the welfare of the public and shall strive to
environment. comply with the principles of sustainable
2. being honest and impartial and development in the performance of their
serving with fidelity the public, their professional duties.
employers/employees and clients. a. Civil Engineers shall recognize that
3. striving to increase the competence the lives, safety, health and welfare of
and prestige of the civil engineering the general public are dependent upon
profession; and engineering judgments, decisions and
4. supporting the professional and practices incorporated into structures,
technical societies of their disciplines. machines, products, processes and
Fundamental Canons devices.
1. Civil Engineers shall hold paramount b. Civil Engineers shall approve or seal
the safety, health and welfare of the only those design documents, reviewed
public and shall strive to comply with the or prepared by them, which are
principles of sustainable development in determined to be safe for public health
the performance of their duties. and welfare in conformity with accepted
2. Civil Engineers shall perform services engineering standards.
only in areas of their competence. c. Civil Engineers whose professional
3. Civil Engineers shall issue public judgment is overruled under
statements only in an objective and circumstances where the safety, health
truthful manner. and welfare of the public are
4. Civil Engineers shall act in endangered, or the principles of
professional matters for each employer sustainable development ignored, shall
or client as faithful agents or trustees, inform their clients or employers of the
and shall avoid conflicts of interest. possible consequences.
5. Civil Engineers shall build their d. Civil Engineers who have knowledge
professional reputation on the merit of or reason to believe that another person
their services and shall not compete or firm may be in violation of any of the
unfairly with others. provisions of Canon 1 shall present such
6. Civil Engineers shall act in such a information to the proper authority in
manner as to uphold and enhance the writing and shall cooperate with the
honor, integrity, and dignity of the civil proper authority in furnishing such
engineering profession. further information or assistance as may
7. Civil Engineers shall continue their be required.
professional development throughout e. Civil Engineers should seek
their careers, and shall provide opportunities to be of constructive
opportunities for the professional service in civic affairs and work for the
development of those civil engineers advancement of the safety, health and
under their supervision. well-being of their communities, and the
protection of the environment through a. Civil Engineers should endeavor to
the practice of sustainable development. extend the public knowledge of civil
f. Civil Engineers should be committed engineering and sustainable
to improving the environment by development, and shall not participate in
adherence to the principles of the dissemination of untrue, unfair or
sustainable development so as to exaggerated statements regarding civil
enhance the quality of life of the general engineering.
public. b. Civil Engineers shall be objective and
truthful in professional reports,
CANON 2. Civil Engineers shall perform statements, or testimony. They shall
services only in areas of their include all relevant and pertinent
competence. information in such reports, statements,
a. Civil Engineers shall undertake to or testimony.
perform engineering assignments only c. Civil Engineers, when serving as
when qualified by education or expert witnesses, shall express civil
experience in the technical field of engineering opinion only when it is
engineering involved. founded upon adequate knowledge of
b. Civil Engineers may accept an the facts, upon a background of
assignment requiring education or technical competence, and upon honest
experience outside of their own fields of conviction.
competence, provided their services are d. Civil Engineers shall issue no
restricted to those phases of the project statements, criticisms, or arguments on
in which they are qualified. All other civil engineering matters which are
phases of such project shall be inspired or paid for by interested parties,
performed by qualified associates, unless they indicate on whose behalf the
consultants, or employees. statements are made.
c. Civil Engineers shall not affix their e. Civil Engineers shall be dignified and
signatures or seals to any civil modest in explaining their work and
engineering plan or document dealing merit, and will avoid any act tending to
with subject matter in which they lack promote their own interests at the
competence by virtue of education or expense of the integrity, honor and
experience or to any such plan or dignity of the civil engineering profession
document not reviewed or prepared and/or related professions.
under their supervision and control.
d. Civil Engineers shall not use The CANON 4. Civil Engineers shall act in
Specialty Engineering Title such as professional matters for each employer
Structural Engineer, Transportation or client as faithful agents or trustees,
Engineer, Water Engineer, Geotechnical and shall avoid conflicts of interest.
Engineer, Construction Engineer, etc. a. Civil Engineers shall avoid all known
without the PICE Specialist or potential conflicts of interest with their
Accreditation. employers or clients and shall promptly
inform their employers or clients of any
CANON 3. Civil Engineers shall issue business association, interests, or
public statements only in an objective circumstances which could influence
and truthful manner. their judgment or the quality of their
services.
b. Civil Engineers shall not accept b. Civil Engineers should negotiate
compensation from more than one party contracts for professional services fairly
for services on the same project, or for and on the basis of demonstrated
services pertaining to the same project, competence and qualifications for the
unless the circumstances are fully type of professional service required.
disclosed to and agreed to, by all c. Civil Engineers may request; propose
interested projects. or accept professional commissions on
c. Civil Engineers shall not solicit or a contingent basis only under
accept gratuities, directly or indirectly, circumstances in which their
from contractors, their agents, or other professional judgments would not be
parties dealing with their clients or compromised.
employers in connection with work for d. Civil Engineers shall not falsify or
which they are responsible. permit misrepresentation of their
d. Civil Engineers in public services as academic or professional qualifications
members, advisors or employees of a or experience.
governmental body or department shall e. Civil Engineers shall give proper
not participate in consideration or credit for engineering work to those to
actions with respect to services solicited whom credit is due, and shall recognize
or provided by them or their organization the proprietary interests of others.
in private or public engineering practice. Whenever possible, they shall name the
e. Civil Engineers shall advise their person or persons who may be
employers or clients when, as a result of responsible for designs, inventions,
their studies, they believe a project will writings or other accomplishments.
not be successful. f. Civil Engineers may advertise
f. Civil Engineers shall not use professional services in a way that does
confidential information coming to them not contain misleading language or is in
in the course of their assignments as a any other manner derogatory to the
means of making personal profit if such dignity of the profession. Examples of
action is adverse to the interests of their permissible advertising are as follows:
clients, employers or the public. 1. Professional cards in recognized,
g. Civil Engineers shall not accept dignified publications, and listings in
professional employment outside of their rosters or directories published by
regular work or interest without the responsible organizations, provided that
knowledge of their employers. the cards or listings are consistent in
size and content and are in a section of
CANON 5. Civil Engineers shall build the publication regularly devoted to such
their professional reputation on the merit professional cards.
of their services and shall not compete 2. Brochures which factually describe
unfairly with others. experience, facilities, personnel and
a. Civil Engineers shall not give, solicit capacity to render service, providing
or receive either directly or indirectly, they are not misleading with respect to
any political contribution, gratuity or the engineers participation in projects
unlawful consideration in order to secure described
work, exclusive of securing salaried 3. Display advertising in recognized
positions through employment agencies. dignified business and professional
publications, providing it is factual and is
not misleading with respect to the
engineer's extent of participation in CANON 7. Civil Engineers shall
projects described. continue their professional development
4. A statement of the engineers' names throughout their careers, and shall
or the name of the firm and statement of provide opportunities for the
the type of service posted on projects for professional development of those Civil
which they render services. Engineers under their supervision.
5. Preparation or authorization of a. Civil Engineers should keep current in
descriptive articles for the lay or their specialty fields by engaging in
technical press, which are factual and professional practice, participating in
dignified. Such articles shall not imply continuing education courses, reading in
anything more than direct participation in the technical literature, and attending
the project described.. professional meetings and seminars.
6. Permission by engineers for their b. Civil Engineers should encourage
names to be used in commercial their engineering employees to become
advertisements, such as may be registered at the earliest possible date.
published by contractors, materials c. Civil Engineers should encourage
suppliers, etc., only by means of a engineering employees to attend and
modest, dignified notation present papers at professional and
acknowledging the engineers' technical society meetings.
participation in the project described. d. Civil Engineers shall uphold the
Such permission shall not include public principle of mutually satisfying
endorsement of proprietary products. relationships between employers and
g. Civil Engineers shall not maliciously employees with respect to terms of
or falsely, directly or indirectly, injure the employment including professional
professional reputation, prospects, grade descriptions, salary ranges, and
practice or employment of another fringe benefits.
engineer or indiscriminately criticize
another's work.
h. Civil Engineers shall not use
equipment, supplies, laboratory or office Group 1: THE PRACTICE OF
facilities of their employers to carry on CIVIL ENGINEERING
outside private practice without the
consent of their employers. CLIENT-CIVIL-ENGINEER
RELATIONSHIPS
CANON 6. Civil Engineers shall act in
such a manner as to uphold and Many engineering works are conceived,
enhance the honor, integrity, and dignity designed, and constructed through the
of the civil engineering profession. efforts of the Civil Engineers employed
a. Civil Engineers shall not knowingly in the governmental agencies or
act in a manner which will be derogatory industry.
to the honor, integrity, or dignity of the
civil engineering profession or knowingly Proper relationship between Civil
engage in business or professional Engineers and their public and private
practices of a fraudulent, dishonest or clients are important.
unethical nature.
 Obligations of the Civil Engineer
 The Civil Engineer shall perform  Obligations of The Client
scope of the services.  The Client shall pay the Civil
 The Civil Engineer shall exercise Engineer for his Services, the
reasonable skill, care, and diligence amount of fees and expenses set out
in the performance of his obligation. in or determined in their Agreement.

 The Civil Engineer shall act  The Client shall provide the Civil
independently, as required by the Engineer within reasonable time, all
contract, perform with the necessary information required by the Civil
skills, and professional judgement, Engineer in the performance of his
when required to certify, decide or services and a decision in writing on
exercise discretion between the all matters properly referred to the
client. Client in writing.
 The Client shall cooperate with the
 The Civil Engineer is authorized to Civil Engineer and shall not interfere
act as the Client’s faithful agent with or obstruction the proper
when required but only as implied in performance of the services.
the contract adopted for the project.
 The Client shall, as soon as
 When aware of any matters which practicable, make arrangements to
will change or has changed the enable the Civil Engineer to enter the
scope of the services, the Civil site and inspect facilities needed in
Engineer shall give written notice to the performance of his services.
the Client containing particulars of
the change.  The Client shall arrange for the
provision if services from other
 For Specified Staged Service, the professionals or others may be
Civil Engineer shall not initiate or required and bear all cost.
proceed with any subsequent stage
of the services without the approval  When aware of any matter which will
of the client. change or has changed the scope of
 When required, the Civil Engineer the Civil Engineer’s Services, the
shall direct and co-operate with all Client shall notify in writing within 7
other professionals and integrate days the civil engineer containing, as
their work where applicable into that far as is practicable, the particulars
being undertaken by the Civil of the change.
Engineer and other professionals.  Liability Of The Civil Engineer And
The Client
 The Civil Engineer may recommend
 The Civil Engineer shall only be
specialist suppliers and/or
liable to pay damages to the client
contractors to design and execute
arising out of or in connection with
certain parts of the work.
their agreement if a breach of duty of
 The Civil Engineer shall notify the care is established against the civil
Client of any interest the Civil engineer.
Engineer has which may significantly
 The client shall only be liable to pay
conflict with the interest of the Clients
damages to the civil engineer if a
under their contract.
breach of the client’s duty to the civil
engineer is established against the b. The maximum amount of damage
client. payable in respect of liability,
whether under the law of contract
 Resolution of any conflict arising
or otherwise is limited to the
from the agreement between the civil
amount specified in the specific
engineer and the client shall be done
provision.
by giving preference to the process
of arbitration. If found to be liable, in circumstances
where the act or omissions of a third
1. Limitation Or Civil Engineer’s party have contributed to the loss of
Responsibility damages, the proportion of damage
a. The civil engineer shall have no payable by the party found liable
responsibility or liability for cost, shall be limited to that proportion
loss, or damage of what so ever which is attributable to that party’s
nature arising from any errors in breach of duty, whether the claims
or omission from data, are made under contract.
documents, plans, design or
specifications not prepared by the  Suspension Or Termination Of
civil engineer. Services
b. Notwithstanding any The client may suspend all or part of the
recommendation or lack of services or terminate the agreement by
recommendation made by the written notice of not less than 30 days to
Civil Engineer to the client, the the civil engineer who shall immediately
civil engineer shall not be held to make arrangements to stop the services
have made any warranty or and minimize further expenditure.
promise as to the suitability, The civil engineer by written notice of no
competence or performance of less than 30 days may terminate the
any other consultant, and agreement or at his or her discretion
contractor. without prejudice to the right to
c. The civil engineer shall not be terminate, suspend the performance of
responsible for the technique, the whole or part or the services under
method, sequence or procedure the following conditions:
adopted by any contractor.  When 30 days after the due date or
2. Damages payment of any account the civil
engineer has not received payment
If found that the civil engineer
of that part of it which has not by that
undertaking services is liable to the
time been contested in writing
client, damage shall be payable on
the following terms:
 When services have been
a. Damages payable shall be limited suspended for a period exceeding 6
to the amount of reasonably calendar months or if it is clear to the
foreseeable loss and damage civil engineer that it will be
suffered as a direct result of such impossible or impractical to resume
breach; the suspend services before the
period of suspension has exceeded
six months.
geotechnical engineering, water
Suspension or termination of the engineering, transportation engineering,
agreement shall not prejudice or affect and construction management and
accrued rights or claims and liabilities of engineering.
the parties. A Civil Engineer who has specialized in
any area of civil engineering may be
 Settlement Of Dispute
considered as a specialist in the
If a dispute arises on either party, then appropriate field as enumerated.
that party shall by notice in writing
served on the other party of the details EMPLOYMENT
of the dispute and request that the - is the condition of having paid work.
dispute be resolved by conciliation.
The guidelines in this manual also refer
If the matter in dispute is not resolved in to Civil Engineers employed by:
conciliation between the parties within
the prescribed time, then the matter in  Consulting Firms – you'll ensure
dispute shall be referred to arbitration the safe, timely and well-resourced
completion of different projects
 Ownership Of Data, Designs, And through consulting
Documents  Government Agencies – DPWH
The design analyses, drawing,  Educational Institutions –
specifications and reproductions professor or lecturer
therefore are instruments of service
owned by the Professional Engineer and  Construction firms - managing,
shall be used only for the specific project designing, developing, creating and
covered by the agreement between the maintaining construction projects.
client and engineer.  Manufacturing and commercial
entities and other entities –
production
SPECIALIZATION IN CIVIL
ENGINEERING DESIGN COMPETITION
Within the practice of civil engineering, - is a process through which a Civil
the PICE recognizes the initial five areas Engineer is selected above other
of specialization. competitors based on proposal or an
A Civil Engineer who has demonstrated innovative approach to solving a
his knowledge, experience, education client's needs.
and training in accordance with the - Competing firms are normally
requirements of the concerned Specialty shortlisted from a number or
Committee of the PICE is awarded a engineers responding to a client' ,
certificate of specialization by PICE. solicitation either directly, by a letter
request or indirectly through a
Those awarded with the certificates are
newspaper or other form or
considered qualified for positions in the
publication.
respective areas of specialization.
- The civil engineer should be
The PICE recognize specializations in awarded a stipend to participate in
the fields of structural engineering, the competition.
Group 3: REPUBLIC ACT NO.
CONTINGENCY BASIS OF
544
EMPLOYMENT
(An Act to Regulate the Practice of
Canon 5c or the PICE Code or Ethics Civil Engineering in the Philippines)
provides that "Engineers may request,
propose or accept professional Article I, Section 1: TITLE OF THE
commissions on a contingency basis ACT
only under circumstances in which their RA 544 “Civil Engineering Law”
professional judgments would not be July 17, 1950
compromised.” The Civil Engineering Law (RA 544),
PROFESSIONAL PRACTICE OF through the efforts of the Philippine
FOREIGN CIVIL ENGINEERS Association of Civil Engineers (PACE)
President Alberto Guevarra was passed
Foreign Civil Engineers are allowed by in this year.
law (RA 8681) to practice Civil
Engineering in the Philippines under the The Architects (Philippine Institute of
following instances: Architects) prepared and lobbied the
passing of the first Architect’s law (RA
1. The laws of the foreigner's state or 545) on the same year.
country allow the citizens of the
PHILIPPINE INSTITUTE OF CIVIL
Philippines to practice civil ENGINEERS
engineering on the same basis and
grant the same privileges as those - It was formed by merging two
enjoyed by the subjects or citizens of separate organizations of civil
such foreign state or country. engineers: one group working from
government sector and the second
2. Allowed under international group working in the private sector.
agreement.
1920s
3. Consultants to be engaged in - Group of civil engineers from the
foreign-funded, joint venture or government sector formed the
foreign-assisted projects of the Philippine Society of Civil Engineers
government. (PSCE) which was the first civil
4. Employees of Philippine or foreign engineering organization in the
private institutions pursuant to law. Philippines with Engr. Marcial
Kasilag as its first president.
5. Civil Engineers who were former
citizens of the Philippines, who had 1937
been registered and issued a - The Philippine Association of Civil
certificate of registration and a Engineers (PACE) was formed. This
professional identification card prior time, it was a group of civil engineers
to their naturalization as foreign in the private sector with Engr.
citizens, and who, while in the Enrique Sto. Tomas Cortes as its
country on a visit, sojoum or first president.
permanent residence, desire to
practice their profession.
REPUBLIC ACT NO. 1582  Strengthening the accredited
- June 16, 1956 professional organization of civil
- An act to repeal and replace section engineers
twenty-four of republic act numbered  To clearly define the foreign
five hundred forty-four, entitled " an nationalities practice of civil
act to regulate the practice of civil engineering in the country
engineering in the Philippines.
 To promote the growth of the
SENATE BILL NO. 2770 consulting sector by recognizing
international philosophy of multi-
- March 31, 2011 disciplinary services
- The Civil Engineer is constantly  To disregard provisions making
challenged to design and build multi-disciplinary consultancy
developments in a manner that is services difficult, complicated ad
environmentally sound, socially impractical
acceptable, and globally competitive.
(Sen. Panfilo M. Lacson)  To establish a clear, precise and
practical delineation of professional
Long Title: and contractual accountability in the
An Act Professionalizing The Practice Of practice in order to serve the law
Civil Engineering In The Philippines, better and protect the public interest
Repealing For This Purpose Republic Article I, Section 2: DEFINITION OF
Act Number Five Hundred And Forty- TERMS
Four (Ra No. 544), As Amended, And
For Other Purposes Civil Engineering practices/services
contained in this Act includes:
Short Title: - Consultation
CIVIL ENGINEERING LAW OF 2011 - Design
Legislative Status: - Preparation of Plans
PENDING IN THE COMMITTEE - Specifications
- Estimates
The SENATE BILL NO. 2770 sought to - Erection
achieve the following: - Installation and supervision of the
1. To align the law with the construction of:
requirements for national
development; o Streets o Fixed Structures for Irrigation
2. To strengthen the profession in o Railroads o Flood Protection
facing the formidable challenges o Port Works o Water Supply and Sewerage
resulting from globalization and o Canals Works
cross-border practice; o Buildings o Demolition of Permanent
3. To continuously develop the level of o Drainage Structures
competence of the civil engineers o Tunnels
through: o Bridges and Highways
 Peer recognition of specialization in o Airports and Hangars
civil engineering o River and Shore Improvements
 Continuing professional development o Lighthouses and Dry Docks
The term “civil engineer” as used in this having been given opportunity to defend
Act shall mean a person duly registered himself in a proper administrative
with Board Examiners for Civil investigation: Provided, That during the
Engineers in the manner as hereinafter process of investigation, the President of
provided. the Philippines, upon the
recommendation of the PRC, shall have
Article II, Section 3: COMPOSITION the power to suspend such member
OF THE BOARD under investigation and shall appoint a
Within thirty days after the approval of temporary member in his place.
this Act there shall be created a Board Vacancies in the Board shall be filled for
of Examiners for Civil Engineers, the unexpired term only
hereinafter referred to as the Board, to Summary
be composed of a chairman and two  Board members serve a three-year
members who shall be appointed by the term or until successors are
President of the Philippines, upon appointed and qualified.
recommendation of the Commissioner of
PRC.  Initial Board members appointed
under this Act have staggered terms:
one for one year, one for two years,
and one for three years.
 Board members must take an oath
before starting their duties.
 The President can remove a Board
member for various reasons, based
The members of the Board shall hold on the Professional Regulation
office for a term of three years after Commission ' s recommendation.
appointment or until their successors  The President, upon the PRC' s
shall have been appointed and shall recommendation, can suspend a
have qualified. member during an investigation and
The first members of the Board appoint a temporary replacement.
appointed under this Act shall hold office  Vacancies in the Board are filled for
for the following terms: One member for the remaining term only.
one year; one member for two years;
and one member for three years. Article II, Section 4: POWERS AND
Each member of the Board shall qualify DUTIES OF THE BOARD
by taking the proper oath of office before  To administer oaths, issue, suspend
entering upon the performance of his and revoke certificates of registration
duties. for the practice of civil engineering.
Any member of the Board may be  To investigate such violations of this
removed by the President of the act and the regulations.
Philippines, upon recommendation by  To inspect at least once a year
the Professional Regulation Commission educational institutions offering
for neglect of duty, incompetency, courses in civil engineering, civil
malpractice, unprofessional, unethical, engineering works, projects and
immoral, or dishonorable conduct, after corporation.
Article II, Section 5: Republic of the Philippines appointed as
QUALIFICATIONS OF BOARD member of the Board shall receive the
MEMBERS compensation as herein provided, in
 Be a citizen and resident of the addition to his salary in the Government.
Philippines. All authorized expenses of the Board,
 Be at least thirty years of age and of including the compensation provided for
good moral character herein, shall be paid by the collecting
and disbursing officer of the PRC out of
 Be a graduate of civil engineering
such appropriation as may be made for
from a recognized and legally
the purpose.
constituted school, institute, college
or university.  100 php per examiner Another
 Be a registered civil engineer duly  50 php for certificate of registration
qualified to practice civil engineering  Each member of the board shall
in the Philippines receive 15 php for every applicant
 Have practiced civil engineering, with examined
a certificate as such, for a period of
not less than ten years prior to his R.A. 6511
appointment. - Enacted on July 1, 1972, amends
 Not be a member of the faculty of Republic Act No. 465, which aimed
any school, institute, college, or to standardize examination and
university where civil engineering registration fees charged by national
course is taught, nor have a examining boards. Break Time
pecuniary interest in such institutions 12:00-13:00
 No former members of the faculty of PD 223
any school, institute or university - Creating The Professional
where civil engineering is taught can Regulation Commission And
become a member of the Board Prescribing Its Powers And
unless he had stopped teaching for Functions
at least three consecutive years.
Article II, Section 7: ANNUAL
Article II, Section 6: REPORT
FEES AND COMPENSATION OF
The Board shall submit to the PRC a
BOARD
detailed report of its activities.
The Board for Civil Engineers shall
charge for each application for Article III, Section 8:
examination the sum of P100 (one EXAMINATION REQUIREMENT
hundred) payable to the collecting and
disbursing officer of the PRC upon filing All applicants for registration for the
of said application, and for each practice of civil engineering shall be
certificate of registration, fifty pesos. required to pass a technical examination
as hereinafter provided.
Each member of the Board shall receive
a compensation of fifteen pesos for each OTHER REQUIREMENTS
applicant examined. A civil engineer in  BS in Civil Engineering
the service of the Government of the  NSO / PSA Birth Certificate
 NSO / PSA Marriage Contract The Commissioner of Professional
 Valid NBI Clearance Regulation Commission shall be the
 Two Certificates of Good Moral executive officer of the Board and shall
Character Form conduct the examinations given by the
said Board.
 Transcript of Records with Scanned
Picture and Remarks "For Board Article III, Section 12:
Examination Purposes" QUALIFICATIONS FOR
Article III, Section 9: EXAMINATION
HOLDING OF EXAMINATION
 Be at least twenty-one years of age
Examination of candidates desiring to
 Be a citizen of the Philippines
practice civil engineering in the
Philippines shall be given in the City of  Be of good reputation and moral
Manila of each year, provided that such character
days do not fall on official holidays,  Qualifications be a graduate of a
otherwise the examinations shall be held four-year course in civil engineering
on the next day. from a school, institute, college or
The civil engineering licensure university recognized by the
examination will be conducted for two government or the state wherein it is
consecutive days. established
The applicant shall acquire a general Article III, Section 13:
average of 70% with no grades lower OATH OF CIVIL ENGINEERS
than 50% in any subeject.
All successful candidates in the
examination shall be required to take a
Article III, Section 10:
professional oath before the Board of
SUBJECTS OF EXAMINATION
Civil Engineers
Applicants for certificate of registration Article III, Section 14:
as civil engineer shall be examined, in SEAL AND USE OF SEAL
the discretion of the Board, on the
following subjects: All registered civil engineers shall obtain
 Surveying, Mathematics, a seal of such design as the Board shall
authorize and direct:
Transportation Engineering
 Hydraulics and Geotechnical Article III, Section 15:
Engineering EXEMPTION FROM REGISTRATION
 Construction and Structural 1. Registration shall not be required of
Engineering the following persons:
- Officers or enlisted men of the United
States and Philippine Armed Forces,
and civilian employees of the
Government of the United States
Article III, Section 11: stationed in the Philippines while
EXECUTIVE OFFICER OF THE rendering civil engineering services
BOARD
for the United States and/or of this Act have been lawfully
Philippines. engaged in the practice of “maestro
- Civil engineers or experts called in de obras” to continue as such,
by the Philippine Government for provided they shall not undertake the
consultation, or specific design and making of plans supervision for the
construction of fixed structures as following classes of work:
defined under this Act, provided that - Building of concrete whether
their practice shall be limited to such reinforced or not.
work. - Building of more than two stories.
2. Any person residing in the - Building with frames of structural
Philippines may make plans on steel.
specifications for any of the
following: - Building of structures intended for
public gathering or assemblies such
- Any building in chartered cities or in as theaters, cinematographs, stadia,
towns with building ordinances, not churches, or structures of like nature.
exceeding the space requirement
specified therein, requiring the 5. Nor shall anything in this Act prevent
services of a civil engineer. professional architects and
engineers to practice their
- Any wooden building enlargement or professions. Duty of board.
alteration which is to be used for
farm purposes only and costingnot Article III, Section 16:
more than ten thousand pesos. REFUSAL TO ISSUE CERTIFICATE
- Provided, however. That there shall - The Board for Civil Engineers shall
be nothing in this Act that will prevent not issue a certificate to any person
any person from constructing his convicted by a court of competent
own (wooden or light material) jurisdiction of any criminal offense
residential house, utilizing the involving moral turpitude, or to any
services of a person or persons person guilty of immoral or
required for the purpose, without the dishonorable conduct, or to any
use of a civil engineer, as long as he person guilty of immoral or
does not violate local ordinances of dishonorable conduct, or to any
the place where the building is to be person of unsound mind.
constructed. - In the event of a refusal to issue a
3. Nor shall anything in this Act prevent certificate to any person, the Board
draftsmen, student clerk-or-work, shall give to the applicant a written
superintendents, and other statement setting forth its reason for
employees of those lawfully engaged such action, which statement shall
in the practice of civil engineering be incorporated in the records of the
under the provisions of this Act, from Board.
acting under the instruction, control
or supervision of their employer.
Article III, Section17:
4. Nor shall anything in this Act prevent
any person who prior to the approval
SUSPENSION AND REVOCATION OF
CERTIFICATES Article IV, Section 20:
- “The Board shall have the power, Enforcement of the Act by officers of
after due notice and hearings to the law.
suspend or revoke the certificate of 6. It shall be the duty of all duly
registration for any cause mentioned constituted law officers of the
in the preceding section. national, provincial, city and
municipal governments, or any
Article III, Section 18: political subdivisions thereof, to
RE-ISSUE AND REPLACEMENT OF enforce the provisions of this Act and
CERTIFICATES to prosecute any person violating the
- “The Board may, after the expiration same.
of one year from the date of
certificate of registration is revoked 7. Unless exempt from registration, no
and for reasons it may deem person shall practice offer to practice
sufficient, entertain an application for civil engineering in the Philippine
a new certificate of registration from without having obtained the proper
the registrant concerned. certificate of registration from the
Board for Civil Engineers.
- Such application shall be
accomplished in the same form Article IV, Section 21: Registration
prescribed for examination, but the required.
Board may, in its discretion, exempt
the applicant from taking the Article IV, Section 22: PENAL
requisite examination. PROVISIONS.
8. Any person who shall practice or
Article III, Section 19: offer to practice civil engineering in
TRANSITORY PROVISIONS. the Philippines without being
- ” As soon as this Act takes effect, registered in accordance with the
any person desiring to practice the provisions of this Act
profession of civil engineering shall
9. or any person presenting or
be required to obtain a certificate of
attempting to use as his own the
registration in the manner and under
certificate of registration of a
the conditions hereinafter provided.
registered civil engineer,
- All civil engineers duly licensed
10. or any person who shall give any
under the provisions of Act
false or forged evidence of any kind
Numbered Twenty-nine hundred and
to the Board,
eighty-five, as amended, at the time
this Act takes effect, shall be 11. or any person who shall impersonate
automatically registered under the any registrant civil engineer of
provisions hereof. different name or any person who
shall attempt to use a revoked or
suspended certificate of registration,
12. or any person who shall use in
connection with his name or
ARTICLE IV: ENFORCEMENT OF ACT
otherwise assume, use or advertise
AND PENAL PROVISIONS
any title or description tending to persons properly registered and
convey the impression that he is a licensed as architects, form, and
civil engineer, without holding a valid obtain registration of, a firm,
certificate of registration, partnership or association using the
13. or any person who shall violate any term “Engineers” or “Engineers and
of the provision of this Act, shall be Architects, ” but, nobody shall be a
guilty of a misdemeanour and shall, member or partner of such firm,
upon conviction, be sentenced to a partnership or association unless he
fine of not less than five hundred is duly licensed civil engineer or
pesos nor more than two thousand architect, and the members who are
pesos, or to suffer imprisonment for civil engineers shall only render work
a period of not less than six months and services proper for a civil
not more than one year, or both, in engineer, as defined in this Act, and
the discretion of the court. the members who are architects
shall also only render work and
services proper for an architect, as
ARTICLE V: MISCELLANEOUS defined in the law regulating the
PROVISIONS practice of architecture; individual
Article V, Section 23: PREPARATION members of such firms, partnership
OF PLANS AND SUPERVISIONS OF or association shall be responsible
CONSTRUCTION BY REGISTERED for their own respective acts.
CIVIL ENGINEER Article V, Section 25:
- Plans and designs of structures must RECIPROCITY REQUIREMENTS
be approved as provided by law or - No person who is not a citizen of the
ordinance of a city or province or Philippines at the time he applies to
municipality where the said structure take the examination shall be
is to be constructed. allowed to take it unless he can
Article V, Section 24: THE PRACTICE prove in the manner provided by the
OF CIVIL ENGINEERING IS A Rules of Court that, by specific
PROFESSIONAL SERVICE, provision of law, the country of which
ADMISSION TO WHICH MUST BE he is a citizen, subject, or national
DETERMINED UPON INDIVIDUAL, either admits citizens of the
PERSONAL QUALIFICATIONS. Philippines to the practice of the
- The practice of civil engineering is a same profession without restriction
professional service, admission to or allows them to practice it after an
which must be determined upon examination on terms of strict and
individual, personal qualifications. absolute equality with citizens,
- Hence, no firm, partnership, subjects, or nationals of the country
corporation or association may be concerned, including the
registered or licensed as such for the unconditional recognition of degrees
practice of civil engineering: issued by institutions of learning duly
recognized for the purpose by the
Provided, however, That persons
Government of the Philippines:
properly registered and licensed as
civil engineers may, among Provided, That if he is not a citizen of
themselves or with a person or the Philippines, and was admitted to
the practice of a profession in the
Philippines after December 8, 1941, Article V, Section 28:
his active practice in that profession, CONSTRUCTION OF ACT
either in the Philippines or in the - If any part or section of this Act shall
state or country where he was be declared unconstitutional, such
practicing his profession, shall not declarations shall not invalidate the
have been interrupted for a period of other provisions hereof.
two years or more prior to July 4,
1946, and that the country or state Article V, Section 29: EFFECTIVITY
from which he comes allows the - This Act shall take effect upon its
citizens of the Philippines by specific approval.
provision of law, to practice the same - Approved, June 17, 1950 (As
profession without restriction or on amended by R.A. No. 1582,
terms of strict and absolute equality approved on June 16, 1956).
with citizens, subjects or nationals of
CIAP DOCUMENT 102 CONTRACTS
the country or state concerned.
FOR PRIVATE CONSTRUCTION
Article V, Section 26:
Section II
ROSTER OF CIVIL ENGINEERS
- A roster showing the names and Laws, Regulations, Site Conditions,
places of business of all registered Permit and Taxes
civil engineers shall be prepared by ART. 6: LAWS AND SITE
the Commissioner of PRC CONDITIONS
periodically but at least once a year.
6.01 LAWS AND REGULATIONS: In
- Copies of this roster shall be placed general, the Contractor shall comply
on file with the PRC and furnished to with all Laws in so far as they are
all department heads, mayors of all binding upon or affect the parties
chartered cities, to the Director of thereto, or the Work. He shall also
Public Works, to such other Bureaus, comply with regulations of firms
government entities or agencies and furnishing utilities such as water, gas,
municipal and provincial authorities telephone and electricity for the project.
as may be deemed necessary and to
the public upon request. If the Contractor performs any work
contrary to such Laws or utilities'
Article V, Section 27: REPEAL regulations, he shall bear all additional
- All laws, parts of laws, orders, costs arising therefrom.
ordinances, or regulations in conflict 6.02 SITE CONDITIONS: Before the
with the provisions hereof; including bidding and the awarding of the
parts of Act Numbered Twenty-nine Contract, the Contractor is expected to
hundred and eighty-five, as have visited the project site and made
amended, as pertains to the practice his own estimate of the facilities required
of civil engineering, are hereby in and difficulties attending the execution
repealed, except the provisions of of the Work, on account of local
Act Numbered Thirty-one hundred conditions and all other contingencies.
and fifty-nine amending Act The Owner shall, however, furnish the
Numbered Twenty-nine hundred and Contractor a geodetic survey and sub-
eighty-five, pertaining to the practice surface exploration which the Contractor
of “maestro de obras.”
may rely upon in the preparation of his established and maintained by the
Bid. Contractor.
ART. 7: PERMITS, TAXES AND The Contractor shall provide and
SURVEYS maintain well-built batter boards at all
corners. He shall establish benchmarks
7.01 PERMITS AND LICENSES: The
in not less than two widely separated
Owner, with the Contractor's assistance,
places. As work progresses, the
shall secure and pay all construction
Contractor shall establish benchmarks
permits and licenses necessary for the
at each floor giving exact levels of
execution of the Work or of any
various floors, and shall lay- out the
temporary work and easements in
exact locations of all partitions as a
relation thereto.
guide to all trades.
The Contractor shall secure the final
7.01 SERVICES OF GEODETIC
occupancy permit but he shall not be
responsible to the Owner if, without his ENGINEER: The Contractor shall, at his
option or when so required under the
fault, the license is not issued or there
Contract, engage the services of a
was delay in its issuance.
licensed Geodetic Engineer to confirm
7.02 TAXES: Wherever the law of the and certify the location of column
place where the project is located centers, piers, walls, pits, trenches, pipe
requires sales, consumer, use, or other work, utility lines and work of a similar
similar tax related or pertinent only to nature.
the construction of the project, the
The Geodetic Engineer shall also verify
Contractor shall pay such tax.
and certify the lines and levels of any
7.03 CONSTRUCTION STAKES AND part of the Work at any time if so
REFERENCE MARK: The Owner shall required by the Owner.
furnish all surveys describing the
The certification shall be provided the
physical characteristics, legal limitations,
Owner and the Contractor. If the
and utility locations of the site. He shall
Geodetic Engineer finds any deviation
also furnish rights-of-way for access to
from the Drawings in the Work of the
the site. The Owner shall be responsible
Contractor, he shall report his findings to
for the establishment of lot lines,
the Owner within 24 hours from
boundary lines, easements and
discovery.
benchmarks which shall be made by a
certified surveyor. The Owner may The Contractor shall be responsible for
request the Contractor to verify before loss or damage caused by the act or
the start of the construction the result of omission of the Geodetic Engineer.
such surveys, provided the Owner shall However, without exempting the
pay for the cost of such verification. The Contractor from liability, but in mitigation
Owner shall also pay for any damage or of it, the Geodetic Engineer's
cost to the Contractor brought about by certification shall be regarded as an
errors in data furnished. independent and disinterested
verification of such lay-out.
All other grade, lines, levels, and
benchmarks necessary for the
prosecution of the work shall be RA NO. 9184 PROCUREMENR ACT
OF THE GOVERNMENT
RULE XX – THE GOVERNMENT The GPPB shall create a Technical
PROCUREMENT POLICY BOARD Support Office (TSO) which shall
•Section 63. Organization and provide support in the performance of its
Functions duties and responsibilities specified in
63.1. The Government Procurement the Act and this IRR.
Policy Board (GPPB), as established in The GPPB shall determine the TSO’s
Section 63 of the Act, shall have the organizational structure and staffing,
following duties and responsibilities: subject to DBM approval. The TSO shall
a) To protect national interest in all be headed by an Executive Director of
matters affecting public procurement, good moral character, unquestionable
having due regard to the country’s integrity, and known probity.
regional and international obligations; 63.3. The TSO shall provide research,
b) To formulate and amend public technical and administrative support to
procurement policies, rules and the GPPB, including:
regulations, and amend, whenever a) Research-based procurement policy
necessary, this IRR; recommendations and rule-drafting;
c) To prepare a generic procurement b) Development and updating of generic
manual and the standard bidding forms procurement manuals and standard
for procurement; bidding forms;
d) To ensure the proper implementation c) Management and conduct of training
by Procuring Entities of the Act, this IRR on procurement systems and
and all other relevant rules and procedures;
regulations pertaining to public d) Evaluation of the effectiveness of the
procurement; government procurement system and
e) To establish a sustainable training recommendation of improvements in
program to develop the capacity of systems and procedures;
Government procurement officers and e) Monitoring the compliance to the Act
employees, and to ensure the conduct and assisting Procuring Entities improve
of regular procurement training their compliance;
programs by and for Procuring Entities; f) Monitoring the implementation and
and effectiveness of the PHILGEPS; and
f) To conduct an annual review of the g) Secretariat support.
effectiveness of the Act and recommend 63.4. In addition to the powers granted
any amendments thereto, as may be under the Act and this IRR, the GPPB
necessary.The GPPB shall be under the shall absorb all the powers, functions
administrative supervision of the DBM and responsibilities of the Procurement
for general oversight and for budgeting Policy Board created under Executive
purposes. Order No. 359, series of 1989. All
63.2. The GPPB Technical Support functions related to procurement policy-
Office making of the Infrastructure Committee
of the NEDA Board are transferred to bids, evaluation and post evaluation of
the GPPB. bids, and awarding of contracts beyond
•Section 64. Membership the prescribed periods of action
The GPPB shall be composed of the provided for in this IRR.
Secretary of the Department of Budget c) Unduly influencing or exerting undue
and Management, as Chairman, the pressure on any member of the BAC or
Director-General of NEDA, as Alternate any officer or employee of the procuring
Chairman, with the following as entity to take a particular action which
Members; the Secretaries of the favors, or tends to favor a particular
Departments of Public Works and bidder.
Highways, Finance, Trade and Industry, d) Splitting of contracts which exceed
Health, National Defense, Education, procedural purchase limits to avoid
Interior and Local Government, Science competitive bidding or to circumvent the
and Technology, Transportation and limits of approving or procurement
Communications, and Energy, or their authority.
duly authorized representatives and a e) Abuse by the Head of the Procuring
representative from the private sector to Entity of his power to reject any and all
be appointed by the President upon the bids as mentioned under Section 41 of
recommendation of the GPPB. The the Act and this IRR, with manifest
GPPB may invite representatives from preference to any bidder who is closely
the COA or from relevant Government related to him in accordance with
agencies and private sectors to serve as Section 47 of the Act and this IRR.
resource persons. When any of the foregoing acts is done
RULE XXI – PENAL CLAUSE in collusion with private individuals, the
• Section 65. Offenses and Penalties private individuals shall likewise be
65.1. Without prejudice to the provisions liable for the offense.
of R.A. 3019 and other penal laws, In addition, the public officer involved
public officers who commit any of the shall also suffer the penalty of temporary
following acts shall suffer the penalty of disqualification from public office, while
imprisonment of not less than six (6) the private individual shall be
years and one (1) day, but not more permanently disqualified from
than fifteen (15) years: transacting business with the
a) Opening any sealed bid including but Government.
not limited to Bids that may have been 65.2. Private individuals who commit
submitted through the electronic system any of the following acts, and any public
and any and all documents required to officer who conspires with them, shall
be sealed or divulging their contents, upon conviction, suffer the penalty of
prior to the appointed time for the public imprisonment of not less than six (6)
opening of Bids or other documents. years and one (1) day but not more than
b) Delaying, without justifiable cause, fifteen (15) years:
the screening for eligibility, opening of
a) When two or more bidders agree and conviction, suffer the penalty of
submit different bids as bona fide imprisonment of not less than six (6)
bidders, all the while knowing that the years and one (1) day but not more than
bid(s) of one or more of them was so fifteen (15) years:
much higher than the other that the a) Submitting eligibility requirements of
latter could not be honestly accepted whatever kind and nature that contain
and that the contract will surely be false information or falsified documents
awarded to the pre-arranged lowest bid. calculated to influence the outcome of
b) When a bidder maliciously submits the eligibility screening process or
different bids through two or more conceal such information in the eligibility
persons, corporations, partnerships or requirements when the information will
any other business entity in which he lead to a declaration of ineligibility from
has an interest, to create the participating in public bidding.
appearance of competition that does not b) Submitting Bidding Documents of
in fact exist so as to be adjudged as the whatever kind and nature that contain
winning bidder. false information or falsified documents
c) When two or more bidders enter into or conceal such information in the
an agreement which calls upon one or Bidding Documents, in order to influence
more of them to refrain from bidding for the outcome of the public bidding.
procurement contracts, or which c) Participating in a public bidding using
requires one or more of them to the name of another or allowing another
withdraw Bids already submitted, in to use one’s name for the purpose of
order to secure an undue advantage to participating in a public bidding.
any one of them. d) Withdrawing a bid, after it shall have
d) When a bidder, by himself or in qualified as the Lowest Calculated
connivance with others, employs Bid/Highest Rated Bid, or refusing to
schemes which tend to restrain the accept an award, without just cause or
natural rivalry of the parties or operates for the purpose of forcing the procuring
to stifle or suppress competition and entity to award the contract to another
thus produce a result disadvantageous bidder. This shall include the non-
to the public. submission within the prescribed time,
In addition, the public officer persons or delaying the submission of
involved shall also suffer the penalty of requirements such as, but not limited to,
temporary or perpetual disqualification performance security, preparatory to the
from public office and the private final award of the contract.
individual shall be permanently 65.4. It is understood that the above
disqualified from transacting business penalties and offenses shall cover all
with the Government. types of procurement whether done
65.3. Private individuals who commit manually or electronically.
any of the following acts, and any public 65.5. When the bidder is a juridical
officer conspiring with them, shall upon entity, criminal liability and the
accessory penalties shall be imposed on be at least equal to one-tenth of one
its directors, officers or employees who percent (0.001)60 of the cost of the
actually commit any of the foregoing unperformed portion for every day of
acts. If a person previously held liable or delay. Once the cumulative amount of
found guilty under the provisions of the liquidated damages reaches ten percent
Act and this IRR has a controlling (10%) of the amount of the contract, the
interest in a prospective bidder entity, procuring entity shall rescind the
the said bidder-entity shall be contract, without prejudice to other
disqualified to participate in any courses of action and remedies open to
procurement activity being conducted by it.
the Government. RULE XXIII – ADMINISTRATIVE
• Section 66. Jurisdiction SANCTIONS
Jurisdiction over the offenses defined •Section 69. Imposition of
under this Rule shall belong to the Administrative Penalties
appropriate courts, according to laws 69.1. In addition to the provisions of
existing at the time of the commission of Rules XXI and XXII of this IRR, the
the offenses. Head of the Procuring Entity, subject to
RULE XXII – CIVIL LIABILITY the authority delegated to the BAC, if
•Section 67. Civil Liability in Case of any, shall impose on bidders or
Conviction prospective bidders, the administrative
Without prejudice to administrative penalty of suspension for one (1) year
sanctions that may be imposed in proper for the first offense, and suspension of
cases, a conviction under the Act and two (2) years for the second offense
this IRR or R.A. 3019 shall carry with it from participating in the public bidding
civil liability, which may either consist of process, as well as disqualification from
restitution for the damage done or the further participating in the public bidding
forfeiture in favor of the government of being undertaken by the procuring entity
any unwarranted benefit derived from concerned, where applicable, for the
the act or acts in question, or both, at following violations:
the discretion of the courts. a) Submission of eligibility requirements
containing false information or falsified
documents.
• Section 68. Liquidated Damages b) Submission of Bids that contain false
All contracts executed in accordance information or falsified documents, or
with the Act and this IRR shall contain a the concealment of such information in
provision on liquidated damages which the Bids to influence the outcome of
shall be payable by the contractor in eligibility screening, or any other stage
case of breach thereof. For the of the public bidding.
procurement of goods, infrastructure c) Allowing the use of one’s name or
projects and consulting services, the using the name of another for purposes
amount of the liquidated damages shall of public bidding.
d) Withdrawal of a bid, or refusal to The Head of the Procuring Entity may
accept an award, or enter into contract preventively suspend any member of the
with the Government without justifiable Technical Working Group or the
cause, after he had been adjudged as Secretariat, or the BAC, if there are
having submitted the Lowest Calculated strong reasons or prima facie evidence
Responsive Bid or Highest Rated showing that the officials or employees
Responsive Bid. concerned are guilty of the charges filed
e) Refusal or failure to post the required against them under Rules XXI and XXII
performance security within the of this IRR, or for dishonesty as defined
prescribed time. by the Civil Service Laws. For uniformed
f) Termination of the contract due to the personnel of the AFP, the substantive
default of the bidder. and procedural due process under its
g) Refusal to clarify or validate in writing justice system shall be applied. In all
its bid during post-qualification within a cases, due process as mandated by the
period of seven (7) calendar days from Constitution and Civil Service laws, rules
receipt of the request for clarification. and regulations, shall be strictly
h) Any documented attempt by a bidder observed.
to unduly influence the outcome of the •Section 71. Lifting of Suspension
bidding in his favor. and Removal of Administrative
i) All other acts that tend to defeat the Disabilities
purpose of the competitive bidding, such Lifting of preventive suspension pending
as habitually withdrawing from bidding, administrative investigation, as well as
submitting late Bids or patently removal of administrative penalties and
insufficient bid, for at least three (3) disabilities shall be in accordance with
times within a year, except for valid the provisions of Sections 52 and 53,
reasons. Chapter 6, Subtitle A (Civil Service
69.2. In addition to the penalty of Commission), Title I, Book V of
suspension, the bid security or the Executive Order No. 292, otherwise
performance security posted by the known as the Administrative Code of
concerned bidder or prospective bidder 1987.
shall also be forfeited.
69.3. The Head of the Procuring Entity
may delegate to the BAC the authority to
impose the aforementioned
administrative penalties.
69.4. The procedures for the suspension
or blacklisting of suppliers, contractors,
or consultants for GOP projects shall be
undertaken in accordance with the
guidelines issued by the GPPB.
• Section 70. Preventive Suspension

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