A legal observer said Philippine law places primary responsibility for defective construction and structural failures on contractors and architects, not building owners, following the collapse of a building under construction in Angeles City that claimed 30 lives.
Atty. Simoun M. Salinas cited provisions of the Civil Code and the National Building Code, saying owners who comply with legal requirements and exercise due diligence in hiring licensed professionals are generally shielded from civil and criminal liability.
"Constructing a building involves highly technical matters, and mostly or usually, owners do not have such a level of knowledge or experience," Salinas said.
The lawyer issued the statement after complaints were filed against both the owner and contractor of the building that collapsed in Barangay Balibago on 24 May.
Salinas cited the Supreme Court's ruling in Nakpil vs. Court of Appeals (G.R. No. L-47851), noting that the tribunal rejected a contractor's attempt to transfer responsibility to the building owner.
He said the Court ruled there was no legal or contractual basis to require an owner to provide round-the-clock supervision over highly technical construction work.
"The Supreme Court held that the trial court did not err in holding that charging the owner with full-time supervision of the construction has no legal or contractual basis," he said.
Salinas also pointed to Section 302 of the National Building Code, which requires building plans, specifications and design computations to be prepared, signed and sealed by duly licensed architects and civil or structural engineers.
"This presents the property owner's reliance on licensed professionals to build the structure. The law recognizes that an owner generally lacks technical expertise," he said.
He added that Article 1723 of the Civil Code shifts civil liability for structural failures caused by design flaws or poor engineering to the responsible professionals.
Salinas further cited Sections 301 and 309 of the National Building Code, which require building permits and certificates of occupancy issued by local building officials.
He said compliance with these requirements serves as prima facie evidence that an owner exercised the diligence of a good father of a family by securing government approvals and meeting minimum safety standards.
"With that, if the owner can prove that it undertook all of the necessary obligations in securing the proper permits and licenses, and that he or she exercised proper and due diligence in selecting and hiring the contractor, then the owner has no liability under the law and will not be liable criminally and civilly," Salinas said.
