FIRST Semester
2024-2025
CE 12: CE LAWS, ETHICS AND
CONTRACTS
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CE Laws, Ethics, and Contracts
A professional course deals on the principles and fundamentals
of the laws on obligations, contracts, and professional ethics that are
applicable to the civil engineering profession. It is designed to prepare
civil engineering students for professional practice. Topics on the
perspective of the student as future practitioners, contractors, and
employees in the field are also given emphasis
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Ethics and the Law
Ethics
- Ethics, also called moral philosophy, is the study of moral phenomena.
- It is one of the main branches of philosophy and investigates the nature
of morality and the principles that govern the moral evaluation of
conduct, character traits, and institutions.
- It examines what obligation people have, what behavior is right and wrong,
and how to lead a good life.
Engineering Ethics
- It is defined as the rules and standards governing the conduct of engineers in
their roles as professionals.
Morals
- It is the quality of goodness or badness in a human act.
- Morals are individual guiding principles that distinguish between right and
wrong and are influenced by society, experiences, and personal beliefs.
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Ethics and the Law
Ethical Theories Based on Philosophical Scholars
❖ Virtue Ethics
❖ Utilitarianism
❖ Duty Ethics
❖ Rights Ethics
Virtue Ethics
- The virtue ethical theory judges a person by his/her character rather than by an
action that may deviate from his/her normal behavior.
- It takes the person’s morals, reputation, and motivation into account when
rating an unusual and irregular behavior that is considered unethical.
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Utilitarianism
- Utilitarianism is a tradition of ethical philosophy that is associated with Jeremy
Bentham (1747-1832) and John Stuart Mill(1806-1873), two British philosophers,
economists, and political thinkers.
- The foundation of utilitarian ethical theories is the capacity to foresee the effects of
one's actions. According to a utilitarian, the decision that benefits the greatest number
of people is the one that complies with ethical standards.
- Utilitarianism promotes "the greatest amount of good for the greatest number of
people."
Act Utilitarianism - subscribes precisely to the definition of utilitarianism—a person
performs the acts that benefit the most people, regardless of personal feelings or the
societal constraints such as laws.
Rule Utilitarianism - seeks to benefit the most people but through the fairest and most
just means available. Therefore, added benefits of rule utilitarianism are that it values
justice and includes beneficence at the same time.
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Duty Ethics
- Deontology is an ethical theory that uses rules to distinguish right from wrong.
Deontology is often associated with philosopher Immanuel Kant.
- According to the deontological class of ethical theories, when making moral
decisions, persons should uphold their commitments and duties.
Right Ethics
- It is often associated with John Locke (1632-1704)
- It is the responsibility of others to respect people's fundamental rights, which
include life, liberty, and property.
- In ethical theories based on rights, the rights established by a society are
protected and given the highest priority.
- Rights are considered to be ethically correct and valid since a large population
endorses them.
- Individuals may also bestow rights upon others if they have the ability and
resources to do so
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Ethics and the Law
Code of Ethics
- A code of ethics is a guiding set of principles intended to instruct professionals
to act in a way that aligns with the organization's values and benefits all
stakeholders.
- Demonstrate the shared commitment to ethical conduct among professionals.
Code of Ethics Commonly Hold
- It is the responsibility of technologists and engineers to prioritize public health
and safety.
- The other responsibilities are listed in priority order, starting with the most
significant.
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Civil Engineering Code of Ethics in the Philippines
Fundamental Principles
Civil engineers uphold and advance the integrity, honor and dignity of the
civil engineering profession by:
• using their knowledge and skill for the enhancement of human welfare
and the environment;
• being honest and impartial and serving with fidelity the public, their
employers/employees and clients;
• striving to increase the competence and prestige of the civil engineering
profession; and
• supporting the professional and technical societies of their disciplines.
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Civil Engineering Code of Ethics in the Philippines
Ethical Obligations towards the Society
The impact of civil engineers on society is significant. The code places a
strong emphasis on the engineer's duty to put the public's safety, health, and
welfare first in all of their professional activities. This covers resource management
as well as the planning, building, and operation of infrastructure that is both
sustainable and safe.
Ethical Obligations towards the Employers and Clients
The foundation of any professional relationship is trust and integrity. The
code describes the ethical obligations that civil engineers have to their clients and
employers.
• Honesty: Providing honest and unbiased advice.
•Confidentiality: Respecting and protecting the confidentiality of information.
•Conflict of Interest: Avoiding conflicts of interest and disclosing them when they
occur.
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Civil Engineering Code of Ethics in the Philippines
Ethical Obligations towards the Profession
The code also covers an engineer's obligation to uphold professional
standards. It motivates civil engineers to preserve the prestige and dignity of their
profession, support its advancement, and serve as role models for the following
generation of engineers.
•Professional Development: Engaging in lifelong learning and professional
development.
•Mentorship: Guiding and mentoring young engineers.
•Professional Conduct: Upholding the reputation and integrity of the profession.
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Fundamental Canons
1. Civil Engineers shall hold paramount the safety, health and welfare of the
public and shall strive to comply with the principles of sustainable
development in the performance of their duties.
2. Civil Engineers shall perform services only in areas of their
competence.
3. Civil Engineers shall issue public statements only in an objective and
truthful manner.
4. Civil Engineers shall act in professional matters for each employer or
client as faithful agents or trustees, and shall avoid conflicts of interest.
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Fundamental Canons
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.
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Canon 1:
Civil Engineers shall hold paramount the safety, health and welfare of
the public and shall strive to comply with the principles of sustainable
development in the performance of their duties.
a. Civil Engineers shall recognize that the lives, safety, health and welfare of
the general public are dependent upon engineering judgments, decisions
and practices incorporated into structures, machines, products, processes
and devices.
b. Civil Engineers shall approve or seal only those design documents,
reviewed or prepared by them, which are determined to be safe for public
health and welfare in conformity with accepted engineering standards.
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Canon 1:
Civil Engineers shall hold paramount the safety, health and welfare of
the public and shall strive to comply with the principles of sustainable
development in the performance of their duties.
c. Civil Engineers whose professional judgment is overruled under
circumstances where the safety, health and welfare of the public are
endangered, or the principles of sustainable development ignored, shall
inform their clients or employers of the possible consequences.
d. Civil Engineers who have knowledge or reason to believe that another
person or firm may be in violation of any of the provisions of Canon 1 shall
present such information to the proper authority in writing and shall
cooperate with proper authority in furnishing such further information or
assistance as may be required.
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Canon 1:
Civil Engineers shall hold paramount the safety, health and welfare of
the public and shall strive to comply with the principles of sustainable
development in the performance of their duties.
e. Civil Engineers should seek opportunities to be of constructive service in
civic affairs and work for the advancement of the safety, health and well-
being of their communities, and the protection of the environment through
the practice of sustainable development.
f. Civil Engineers should be committed to improving the environment by
adherence to the principles of sustainable development so as to enhance
the quality of life of the general public.
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Canon 2:
Civil Engineers shall perform services only in areas of their competence.
a. Civil Engineers shall undertake to perform engineering assignments only
when qualified by education or experience in the technical field of
engineering involved.
b. Civil Engineers may accept an assignment requiring education or
experience outside of their own fields of competence, provided their
services are restricted to those phases of the project in which they are
qualified. All other phases of such project shall be performed by
qualified associates, consultants, or employees.
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Canon 2:
Civil Engineers shall perform services only in areas of their competence.
c. Civil Engineers shall not affix their signatures or seals to any civil
engineering plan or document dealing with subject matter in which they
lack competence by virtue of education or experience or to any such plan or
document not reviewed or prepared under their supervision and control.
d. Civil Engineers shall not use The Specialty Engineering Title such as
Structural Engineer, Transportation Engineer, Water Engineer, Geotechnical
Engineer, Construction Engineer, etc. without PICE Specialist Accreditation.
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Canon 3:
Civil Engineers shall issue public statements only in an objective and
truthful manner.
a. Civil Engineer should endeavor to extend the public knowledge of civil
engineering and sustainable development, and shall not participate in
the dissemination of untrue, unfair or exaggerated statements regarding
the civil engineering.
b. Civil Engineer shall be objective and truthful in professional reports,
statements, or testimony. They shall include all relevant and pertinent
information in such reports, statements, or testimony.
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Canon 3:
Civil Engineers shall issue public statements only in an objective and
truthful manner.
c. Civil Engineers, when serving as expert witnesses, shall express civil engineering
opinion only when it is founded upon adequate knowledge of the facts, upon a
background of technical competence, and upon honest conviction.
d. Civil engineers shall issue no statements, criticisms, or arguments on civil
engineering matters which are inspired or paid for by interested parties, unless
they indicate on whose behalf the statements are made.
e. Civil Engineers shall be dignified and modest in explaining their work and merit,
and will avoid any act tending to promote their own interests at the expense of
the integrity, honor and dignity of the civil engineering profession and/or related
professions.
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Canon 4:
Civil Engineers shall act in professional matters for each employer or
client as faithful agents or trustees, and shall avoid conflicts of interest.
a. Civil Engineer should avoid all known or potential conflicts of interest
with their employers or clients and shall promptly inform their
employers or clients of any business association, interests, or
circumstances which could influence their judgment or the quality of
their services.
b. Civil Engineer shall not accept compensation from more than one party
for services on the same project, or for services pertaining to the same
project, unless the circumstances are fully disclosed to and agreed to, by
all interested projects.
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Canon 4:
Civil Engineers shall act in professional matters for each employer or
client as faithful agents or trustees, and shall avoid conflicts of interest.
c. Civil Engineers shall not solicit or accept gratuities, directly or indirectly,
from contractors, their agents, or other parties dealing with their clients or
employers in connection with work for which they are responsible.
d. Civil Engineers in public services as members, advisors or employees of a
governmental body or department shall not participate in consideration or
actions with respect to services solicited or provided by them or their
organization in private or public engineering practice.
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Canon 4:
Civil Engineers shall act in professional matters for each employer or
client as faithful agents or trustees, and shall avoid conflicts of interest.
e. Civil Engineers shall advise their employers or clients when, as a result of
their studies, they believe a project will not be successful.
f. Civil Engineers shall not use confidential information coming to them in
the course of their assignments as a means of making personal profit if such
action is adverse to the interests of their clients, employers or the public.
g. Civil Engineers shall not accept professional employment outside of their
regular work or interest without the knowledge of their employers.
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Canon 5:
Civil Engineers shall build their professional reputation on the merit of
their services and shall not compete unfairly with others.
a. Civil Engineer shall not give, solicit or receive either directly or indirectly,
any political contribution, gratuity or unlawful consideration in order to
secure work, exclusive of securing salaried positions through
employment agencies.
b. Civil Engineer should negotiate contracts for professional services fairly
and on the basis of demonstrated competence and qualifications for the
type of professional service required.
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Canon 5:
Civil Engineers shall build their professional reputation on the merit of
their services and shall not compete unfairly with others.
c. Civil Engineers may request; propose or accept professional commissions
on a contingent basis only under circumstances in which their professional
judgments would not be compromised.
d. Civil Engineers shall not falsify or permit misrepresentation of their
academic or professional qualifications or experience.
e. Civil Engineers shall give proper credit for engineering work to those to
whom credits is due, and shall recognize the proprietary interests of other.
Whenever possible, they shall name the person or persons who may be
responsible for designs, inventions, writings or other accomplishments.
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Canon 5:
Civil Engineers shall build their professional reputation on the merit of
their services and shall not compete unfairly with others.
f. Civil Engineers may advertise professional services in a way that does not
contain misleading language or is in any other manner derogatory to the
dignity of the profession.
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Canon 5:
Civil Engineers shall build their professional reputation on the merit of
their services and shall not compete unfairly with others.
g. Civil Engineer shall not maliciously or falsely, directly or indirectly, injure
the professional reputation, prospects, practice or employment of another
engineer or indiscriminately criticize another’s work.
h. Civil Engineers shall not use equipment, supplies, laboratory or office
facilities of their employers to carry on outside private practice without the
consent of their employers.
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Canon 6:
Civil Engineers shall act in such a manner as to uphold and enhance the
honor, integrity, and dignity of the civil engineering profession.
a. Civil Engineers shall not knowingly act in a manner which will be
derogatory to the honor, integrity, or dignity of the civil engineering
profession or knowingly engage on business or professional practices of
a fraudulent, dishonest or unethical nature.
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Canon 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.
a. Civil Engineers should keep current in their specialty fields by engaging in
professional practice, participating in continuing education courses,
reading in the technical literature, and attending professional meetings
and seminars.
b. Civil Engineers should encourage their engineering employees to
become registered at the earliest possible date.
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Canon 7:
Civil Engineers shall continue their professional development throughout
their careers, and shall provide opportunities for the professional development
of those civilengineers under their supervision.
c. Civil Engineer should encourage engineering employees to attend and
present papers at professional and technical society meetings.
d. Civil Engineers shall uphold the principle of mutually satisfying
relationships between employers and employees with respect to terms of
employment including professional grade descriptions, salary ranges, and
fringe benefits.
Thank you!
