CE LAW_PRELIM PDF

1.1.What is Ethics Applied ethics - Looks at controversial topics like war, animal What is ethics? rights and capital punishment....

1.1.What is Ethics Applied ethics - Looks at controversial topics like war, animal What is ethics? rights and capital punishment. Ethics refers to principles that define behavior as right, good and proper. They affect how people Four ethical ‘isms’ make decisions and lead their lives. It is described as moral philosophy. Moral realism The term is derived from the Greek word ethos - Based on the idea that there are real objective which means custom, habit, character, or moral facts or truths in the universe. disposition. - Moral statement provides factual information about those truths. Ethics covers the following dilemmas: Subjectivism How to live a good life - Teaches that moral judgments are nothing Our rights and responsibilities more than statements of a person’s feelings or The language of right and wrong attitudes. Moral decisions – what is good and bad? - Ethical statements do not contain factual truths about goodness or badness. Emotivism Professional Conduct - View that moral claims are no more than expressions of approval or disapproval. - Way of behaving ethically and responsibly in - A moral statement doesn’t provide a professional setting. information about the speaker’s feelings - Involves following the rules and standards of about the topic but expresses those feelings. one’s profession. - Some theorists also suggest that in expressing a feeling the person gives instructions to others about hot to act towards the subject Approaches to Ethics matter. Meta-ethics Prescriptivism - Deals with the nature of moral judgment. - Prescriptivists think that ethical statements - It looks at the origins and meaning of ethical are instructions or recommendations. principles. Normative ethics - Concerned with the content of moral judgments and the criteria for what is right and wrong. Example of Normative ethics: Virtue Ethics – Focuses on a person’s character and values. Deontology – Emphasizes the importance of following moral rules and law. Consequentialism – Evaluates the morality of an action based on its consequences.  1.2.Ethical Values 1.3.What is Professional Ethics? Universal or Core Ethical values What is a Profession? 1. Trustworthiness The use of “profess” and related terms in the - Truthfulness Middle Ages was associated with a monk’s - Sincerity public “profession” of a way of life that carried - Candor with it stringent moral requirements. - Integrity The term had been secularized to apply to those - Promise-keeping who “professed” to be duly qualified to perform - Loyalty certain services of value to others. - Honesty By Socratic dialogue, Philosopher Michael Davis has derived the following definition 2. Respect - Respect “A profession is a number of individuals in - Autonomy the same occupation voluntarily organized to - Courtesy earn a living by openly serving a moral ideal - Self-determination in a morally permissible way beyond what law, market, morality, and public opinion 3. Responsibility would otherwise require.” - Responsibility - Diligence - Continuous Improvement Engineering is a Profession - Self-restraint Engineering is a group of activity, which openly professes special knowledge, skill and judgment. 4. Fairness Engineering serves a morally good end, namely - Justice the production of technology for the benefit of - Fairness mankind and there is no reason why morally - Impartiality permissible means to that end cannot be used. - Equity 5. Caring - Caring - Kindness - Compassion 6. Citizenship Citizenship Philanthropy Voting Three types of Ethics or Morality: 1.4.CE Codes of Ethics 1. Common Morality Set of moral beliefs shared by almost everyone. Fundamental Principles Basis or reference point of the other types Civil engineers uphold and advance the integrity, 2. Personal Morality honor, and dignity of the civil engineering profession Set of moral beliefs that a person holds by: 1. using their knowledge and skill for the 3. Professional Morality enhancement of human welfare and the Set of standards adopted by professionals in so environment; far as they view themselves acting as 2. being honest and impartial and serving with professionals. fidelity the public, their employers/employees and clients; 3. striving to increase the competence and prestige Professional Ethics of the civil engineering profession; and 1. It is usually stated in a formal code 4. supporting the professional and technical 2. Code of ethics of a given profession focus on the societies of their disciplines. issues that are important in that profession 3. When one is in a professional relationship, Fundamental Canons professional ethics is supposed to take precedence over personal morality – at least 1. Civil Engineers shall hold paramount the safety, ordinarily. health, and welfare of the public and shall strive 4. Professional ethics sometimes differs from to comply with the principles of sustainable personal morality in its degree of restriction of development in the performance of their duties. personal conduct. Sometimes professional ethics 2. Civil Engineers shall perform services only in is more restrictive than personal morality, and areas of their competence. sometimes it is less restrictive 3. Civil Engineers shall issue public statements only in an objective and truthful manner. 4. Civil Engineers shall act in professional matters for each employer or client as faithful agents or trustees and shall avoid conflicts of interest. 5. Civil Engineers shall build their professional reputation on the merit of their services and shall not compete unfairly with others. 6. Civil Engineers shall act in such a manner as to uphold and enhance the honor, integrity, and dignity of the civil engineering profession. 7. Civil Engineers shall continue their professional development throughout their careers and shall provide opportunities for the professional development of those civil engineers under their supervision. Prohibited Actions from PRC Civil Engineering Preventing Harm to the Public Board – Code of Ethics Engineers are obligated not only to abide by code It shall be considered unprofessional and inconsistent prohibitions, thereby refraining from causing harm with honorable and dignified bearing for any but also, under some circumstances, to actively registered Civil Engineer: prevent harms caused by technology or by other engineers. Prevention of harm usually involves: To act for his clients* in professional matters otherwise than as a faithful agent or trustee, or to 1. identifying and disclosing potential harms and accept any remuneration other than his stated 2. attempting to prevent them. charges for services rendered his clients. Such actions, even though perhaps fundamentally To attempt to injure falsely or maliciously, negative, also have a positive dimension, since they directly or indirectly, the professional reputation, often involve courage, and it often requires prospects, or business of another Engineer. considerable effort to oppose and prevent harms to To attempt to supplant another Engineer after the public. In any case, they both protect and promote definite steps have been taken toward his well-being. employment To participate in competitive bidding on a price basis to secure a professional engagement. To compete with another Engineer for employment on the basis of professional charges, by reducing his usual charges and in this manner attempting to underbid after being informed of the charges named by another. To review the work of another Engineer for the same client, except with the knowledge or consent of such Engineer, or unless the connection of such Engineer with the work has been terminated. To advertise in self-laudatory language, or in any other manner derogatory to the dignity of the Profession. To use the advantages of a salaried position to compete unfairly with Engineers in private practice. To act in any manner or engage in any practice which will tend to bring discredit on the honor or dignity of the Engineering Profession. “The word “clients“ is considered to be inclusive of the meaning of the word employers.”  1.5. Guidelines to Practice under the 2.1.Professional Responsibility Fundamental Canons of Ethics The Manual of Professional Practice for Civil CANON 1 Engineers by PICE, Inc., addresses the procurement of civil engineering services for a quality project. Engineers shall hold paramount the safety, health, and welfare of the public and shall strive to comply QUALITY by means of: with the principles of sustainable development in the meeting both the expectations of the client or performance of their professional duties. employer; and CANON 2 meeting the requirements of the project. Engineers shall perform services only in areas of Which REQUIRES: their competence. professional dedication, CANON 3 the effort, Engineers shall issue public statements only in an adequate time for investigation, objective and truthful manner. planning and innovation, fair compensation, and CANON 4 appropriate authority and responsibility. Engineers shall act in professional matters for each Quality results from team effort and is measured by employer or client as faithful agents or trustees and the degree of satisfaction of all parties involved. shall avoid conflicts of interest. CANON 5 Professional Responsibility Engineers shall build their professional reputation on the merit of their services and shall not compete The standard of practice is for Civil Engineers to unfairly with others. be given responsibility for studying, conceiving; CANON 6 designing; Engineers shall act in such a manner as to uphold and observing construction; and enhance the honor, integrity, and dignity of the assisting in the programming for operating engineering profession and shall act with zero and maintaining engineering works. tolerance for bribery, fraud, and corruption. The health, safety, well-being, and comfort of the public in using the facility, and the ultimate CANON 7 facility cost, all depend to a considerable extent Engineers shall continue their professional on how well members of the project team fulfill development throughout their careers and shall their professional and contractual provide opportunities for the professional responsibilities. development of those engineers under their Civil Engineers shall conduct themselves in a supervision. highly Professional Manner and Serve as Faithful Trustees or agents of their clients or employers. Civil Engineers are therefore bound by the Fundamental Canons of Ethics contained in this manual. Care and protection of the environment are paramount in the Civil Engineer’s work engagement.  Civil Engineers must always strive to maintain execute certain parts of the works, in which case the highest standard of Ethical Professional the Civil Engineer shall co-ordinate the design Practice in their dealing with client employers, of such part or parts with the overall design of employees, competitors, and the community. 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 2.2.Client – Civil Engineer Relationship be liable for acts of negligence, default, or omission by such person or persons. 9. The Civil Engineer shall notify the Client of any Proper Relationship between Civil Engineer and interest the Civil engineer has which may Their Public and Private Client: significantly conflict with the interests of the Client under their Contract. Obligations of Civil Engineer Obligations of the Client The Obligations of the Civil Engineer includes: The Client has the following obligations. 1. The Civil Engineer shall perform the Scope of 1. The Client shall pay the Civil Engineer for his the services. Services, the amount of fees and expenses set 2. The Civil Engineer shall exercise reasonable out in or determined in their Agreement. skill, care, and diligence in the performance of 2. The Client shall provide the Civil Engineer his obligations. within a reasonable time (that does not result in 3. The Civil Engineer shall act independently and, a delay to the provision of the Services), all as required by the contract, perform with information required by the Civil Engineer in necessary skills and professional judgement, the performance of his services and a decision in when required to certify, decide or exercise writing on the performance of his services and a discretion between the Client and a Third-party decision in writing on all matters properly with whom the Client has a contract. referred to the Client in writing. 4. The Civil Engineer is authorized to act as the 3. The Client shall cooperate with the Civil Client’s faithful agent when required but only as Engineer and shall not interfere with or obstruct implied in section 2 or implied in the contract the proper performance of the Services. adopted for the project. 4. The Client shall, as soon as practicable, make 5. When aware of any matters which will change arrangements to enable the Civil Engineer to or has changed the scope of the services, the enter the site and inspect facilities needed in the Civil Engineer shall give written notice to the performance of his services. Client containing particulars of the change. 5. The Client shall arrange for the provision of 6. For Specified Staged Services, the Civil services from other professionals or others as Engineer shall not initiate or proceed with any may be required and bear all costs. subsequent stage of the Services without the 6. When the Civil Engineer is required to approval of the Client. administer the work of other professionals or 7. When required, the Civil Engineer shall direct other third parties who are directly contracted by and co-operate with all other professionals and the Client or when the Civil Engineer is required integrate their work where applicable into that to act as Engineer-to-the-Contract for any being undertaken by the Civil Engineer and contract on behalf of the client then all other professionals but shall not be instructions by the Client shall be given through professionally liable for their work. the Civil Engineer. 8. The Civil Engineer may recommend specialist suppliers and/or contractors to design and 7. When aware of any matter which will change or or performance of any Other Consultant, has changed the scope of the Civil Engineer’s Contractor, supplier, or another third party. Services, the Client shall notify in writing within The Civil Engineer shall not be responsible 7 days the Civil Engineer containing, as far as is for the techniques, method, programs, practicable, the particulars of the change. sequences or procedures adopted by any Contractor or other third party responsible for executing any aspects of the Project, nor for Liability of the Civil Engineer and the Client their performance on time, their failure to The Civil Engineer shall only be liable to pay carry out the work in accordance with any damages to the client arising out of or in connection contract documents or for any other acts or with their Agreement if a breach of duty of care is omissions. established against the Civil Engineer. Damages The Client shall only be liable to pay damages to the If found that the Civil Engineer undertaking Services Civil id a breach of the Client’s duty to the Civil is liable to the Client, damages shall be payable on Engineer is established against the Client. the following terms: Resolution of any conflict arising from the Damages payable shall be limited to the Agreement between the Civil Engineer and the amount reasonably foreseeable loss and Client shall be done by giving preference to the damage suffered as a direct result of such process of arbitration. breach; The maximum amount of damages payable in Establishment of the breach of duty on the part of the respect of liability, whether under the law or Civil Engineer and that of the breach of the Client’s contract, or otherwise, is limited to the duty to the Civil Engineer shall be undertaken by a amount specified in the Specific Provision or, third-party arbitrator mutually acceptable to the if no such amount or provision is specified, to Client and the Civil Engineer. the lesser of P300,000 or 10% of the total amount of damages of the portion of the work Limitation or Civil Engineer’s Responsibility attributable to the Civil Engineer’s breach of The Civil Engineer shall have no duty or twenty-five percent of the total fees responsibility or liability for costs, loss or payable under their Agreement; damage of whatsoever nature arising from If found to be liable, in circumstances where any errors in or omission from data, the acts or omissions of a third party have documents, plans, design or specifications contributed to the loss or damage, the not prepared by the Civil Engineer, or other proportion of damages payable by the party personnel under the direct control of the Civil found liable shall be limited to that Engineer, and arising from any act or proportion which is attributable to that party’s omission or lack of performance or any breach of duty, whether the claims are made negligent or fraudulent act or omission by the under a contract or otherwise. Client or any Other Consultant, Contractor or supplier to the Client or any employee or Suspension or Termination of Services agent of the Client, Other Consultants, Contractors or suppliers. If circumstances arise for which the Civil Engineer is Notwithstanding any recommendation or not responsible, and which makes it impractical or lack of recommendation made by the Civil impossible for the Civil Engineer to perform in Engineer to the Client, the Civil Engineer whole or in part the Services in accordance with their shall not be held to have made any warranty Agreement then the Civil Engineer shall promptly or promise as to the suitability, competence, notify the Client of the same. The Client may suspend all or part of the Services or 2.3.Civil Engineering Services, Specialization terminate the Agreement by written notice of not less in CE than 30 days to the Civil Engineer who shall immediately make arrangements to stop the services and minimize further expenditure. Civil Engineers and civil engineering firms services: The Civil Engineer by written notice of no less than 1. Design, consultations, and advice 30 days may terminate the Agreement or at his and 2. Feasibility studies or her discretion without prejudice to the right to 3. Field investigations and engineering data terminate, suspend the performance of the whole or collection. part of the Services under the following conditions: 4. Environmental assessments, impact statements or Engineering reports 1. When 30 days after the due date or payment of 5. Opinions of probable construction cost any account the Civil Engineer has not received 6. Preliminary and final designs, drawings, payment of that part of it which has not by that specifications, and construction bidding time been contested in writing, or documents 2. When Services have been suspended for a 7. Assistance in securing construction bids and in period exceeding 6 calendar months, or if it is awarding contracts clear to the Civil Engineer that it will be 8. Construction administration and observation impossible or impractical to resume the 9. Arrangements for or performance testing of suspended Services before the period of materials and equipment suspension has exceeded six months. 10. Assistance in start-up, assessment of capacity, When the Services are suspended or terminated the and operation of facilities Civil Engineer shall be entitled to payment for the 11. Preparation of operation and maintenance Services carried out including consequential costs, manuals expenses and disruption fees incurred as a result of 12. Appraisals and rate studies the suspension or termination, and remobilization 13. Value engineering fees on resumption. Suspension or termination of the 14. Expert testimony Agreement shall not prejudice or affect accrued 15. Assessment of risks rights or claims and liabilities of the parties. 16. Structural remediation or rehabilitation 17. Project Management and controls 18. Provision of supplemental temporary staff Settlement of Disputes 19. Teaching If a dispute arises on either party, then that party shall Civil Engineers may also serve as a construction by notice in writing served on the other party of the manager or program managers and may employ details of the dispute and request that the dispute be other sub-consultants and subcontractors as part of resolved by conciliation. If the matter in dispute is their services. not resolved in conciliation between the parties within the prescribed time, then the matter in dispute shall be referred to arbitration. Talents of the various discipline of Professional Civil Engineering firms 1. economists, Ownership of Data, Designs and Documents 2. planners The design analyses, drawings, specifications, and 3. engineers and designers reproductions thereof are instruments of service 4. estimators owned by the Professional Engineer and shall be 5. architects used only for the specific project covered by the 6. scientists agreement between the Client and Engineer. 7. technical analysts  8. specification writers Employment Opportunities 9. drafters A vast array of jobs awaits a Civil Engineer. He can 10. field representatives be an independent practitioner, or can work in a 11. surveyors consultancy firm or in a government institution, in any one of the following fields of specialization: Civil engineering services must be performed in a 1. Structural Engineering competent and efficient manner, on a highly - His main task is the analysis and design of professional and ethical plane, and in an atmosphere structures. The long list of structures includes of mutual respect and trust. private dwellings, mixed use condominiums, government buildings and physical Project implementation has become increasingly infrastructures. He prepares, signs and seals complex, involving financial, environmental, construction plans, structural calculations, regulatory, technical, and managerial matters. specification and bill of materials. 2. Project Management and Construction Engineering Program Management - He can choose to be employed and to specialize in any of the following - one of the implementation approaches used responsibilities: by clients wherein they retain a program a. Quantity Survey – preparing estimates, manager to perform a specialized task cost of the project and keeping track of Program manager any variations to the contract. b. Quality Control – coordinating plans, performs specialized tasks necessary to the monitoring compliance of the project development or construction of a specific activities with contract specifications. project c. Rebar Engineer – preparing steel shop develop, define and oversee the program, drawings and checking that placement of prepare budgetary estimates of program reinforcing bars comply with the costs, prepare program schedules, evaluate structural code of practice. and select members of the program team, and d. Concrete Engineer – assuring that th provide periodic program status reports specified correct strength is attained. generally, a Civil Engineer e. Formwork Engineer – responsible for the containment of poured fresh concrete to attain the required shape of the structure, preventing leakages causing honeycombs and checking that the formwork can safely withstand the construction loads places on it. At a higher level, after years of experience, the civil engineer can be employed as Project Manager either during the design phase or the construction phase. He coordinates the design of all disciplines involved, engineering and architectural, monitors construction activities in accordance with the project schedule, coordinates with clients and review agencies and manages project information. Civil Engineering Skills and Competencies The practice of civil engineering shall embrace A successful Civil Engineer must possess the services in the form of consultation, design, following skills: preparation of plans, specifications, estimates, Technical Skills: capability to apply erection, installation and supervision of the mathematical formulas and principles, design construction of buildings and physical infrastructure, technical methods and the technology involved including demolition and retrofitting. in his work. Functions Critical Thinking: ability to identify the most reasonable and effective solution to problems A Civil Engineer is a Builder and a Problem Solver. and to resolve issues before they can become He is responsible for producing safe, economical and problems. environmentally-sound buildings and infrastructures either as a Consulting Civil Engineer or as a Effective Communication: ability to explain Contracting Civil Engineer. The civil engineer who ideas and solutions clearly with clients and with has passed the licensure examination administered either technical or non-technical personnel by the Professional Regulation Commission, duly involved in the project. registered and holds a valid professional Leadership Skills: ability to lead a diverse identification card is authorized to affix his seal and group of professionals to complete the various sign the plans, technical specifications and bill of aspects of the project on time and on budget. materials for buildings and infrastructure projects. Basic Education Requirements Consulting Engineer The applicant for admission to the civil engineering Key responsibilities is designing of the project in licensure examination must have graduated from the conformance with the prevailing codes of practice. prescribed curriculum in civil engineering from a He incorporates soil and site investigation reports, university, college or institution recognized by the hydrological and topographical data, material Philippine Government or the State wherein it is strengths and behavior, to properly plan and design established. projects. Salary Compensation Contracting Civil Engineer Salaries of civil engineers are highly variable, The significant roles is to transform a planned design increasingly so with related work experience and layout into real architecture. He is engaged in actual professional practice. Salaries are fixed once a civil construction, manages, directs and monitors engineer is awarded a certificate of recognition by progress, ensures compliance to design the Professional Regulation Commission, in the case specifications and turns the plans into reality within of specialized tasks. Some engineers give themselves the time frame and budget. a fixed wage depending on their client and nature of the task. Cost of Education The minimum entry salary of a newly licensed civil The cost of education in the civil engineering course engineer assigned to a project in the job position he ranges from P10,000 to P60,000 per semester is assigned to ranges from P13,000.00 to P15,000.00. depending on the college or university one is enrolled in. Employment Opportunities Specialization in Civil Engineering 1. Geotechnical Engineering: his job is to PICE (Philippine Institute of Civil Engineers) determine the strength and adequacy of the rock recognizes the initial five areas of specialization. and soil that support the structures, analysis soil awards certificate that will consider qualification composition and behavior, and recommend for positions in the respective areas of ways to prevent erosion of embankments, specialization landslides, and settlement of foundations. 2. Transportation Engineering: government SPECIALIZATION OF CIVIL ENGINEERS institutions, particularly the Dept. of Public AND CIVIL ENGINEERING FIRMS: Works & Highways and the Dept. of Transportation & Communications are in 1. Structural and foundation constant need of civil engineers to provide 2. Geotechnical and environmental roads, highway networks, bus and mass transit 3. Water resources and hydraulics systems, and airports. Land development 4. Transportation projects of private entities are also in dire need 5. Construction management and engineering of civil engineers. A Civil Engineer who has specialized in any area of civil engineering may be considered as a specialist in 3. Water & Hydraulics Engineering: his concern the appropriate field as enumerated. is the flow and efficient conveyance of water from natural resources, drainage and irrigation facilities. In populated water areas, he provides flood control, irrigation flow, and erosion prevention. MWSS, Local Water Utilities Administration and the Philippine Ports Authority employ civil engineers. 4. Environmental & Energy Engineering: energy efficiency of buildings and mitigation of greenhouse gas emissions, water and wastewater treatment facilities, sewage collection and disposal systems and environmental impact assessment of the physical development are the concern of the civil engineer. The Dept. of Environmental and Natural Resources and the Dept. of Energy are some of the institutions where he could be employed. 5. Education: subjects in the civil engineering curriculum are best taught by civil engineers themselves.  2.4.Selection of a Civil Engineer only under circumstances in which their professional judgments would not be compromised.” Selection of a Civil Engineer Professional Practice of Foreign Civil Engineers The accomplishment of the client's objectives and commitment of financial resources, soundness of Foreign Civil Engineers are allowed by law (RA design, and suitability of the proposed project for its 8981) to practice civil engineering in the Philippines intended function rest upon the experience, under the following instances: organization, skill, integrity, and judgement of the 1. The laws of the foreigner’s state or country Civil Engineer. allow the citizens of the Philippines to practice The CE's recommendations based on these factors civil engineering on the same basis and grant the affect life-cycle costs and thereby influence the same privileges as those enjoyed by the citizens economic feasibility of the undertaking. of such foreign state or country. 2. Allowed under international agreement. 3. Consultants to be engaged in a foreign-funded, Cost of the full range of engineering services joint venture or foreign-assisted projects of the not less than 1 to 2% of the life-cycle cost of government. most construction projects 4. Employees of the Philippines or foreign private institutions pursuant to law. Critical importance in the selection of a Civil 5. Civil Engineers who were former citizens of the Engineer as a consultant: Philippines, who had been registered and issued 1. qualification & reputation, a certificate of registration and a professional 2. experience & quality of client service. identification card prior to their naturalization as foreign citizens, and who, while in the country Selection bases primarily on the cost of on a visit, sojourn or permanent residence, services, with limited consideration of the desire to practice their profession. competence or expertise of the consultant, can result in unsatisfactory service to the Foreign civil engineers must still secure a certificate client and in higher overall project costs. of registration/license or special permit from the Detailed scope of services protects both the client Professional Regulation Commission. Agencies, and the consultants because it may greatly reduce the organizations or individuals, whether public or potential for misunderstandings or confusion private, who secure the services of a foreign Civil Engineer, are made responsible by law (R.A. 8981- Modernization Act 2000) for securing a special Design Competition permit from the PRC and the Department of Labo rand Employment pursuant to their respective rules. the process through which a Civil Engineer is selected above other competitors based on a proposal or innovative approach to solving a client’s needs Contingency Basis of Employment Canon 5c or PICE Code or Ethics provides that “Engineers may request, propose or accept professional commissions on a contingency basis