A legal observer has stated that under Philippine law, primary liability for defective construction and site safety violations generally rests with contractors and design professionals, not property owners, following the collapse of a building under construction in Barangay Balibago, Angeles City.
Atty. Simoun M. Salinas said the Civil Code of the Philippines provides that architects and contractors are responsible for defects in design and construction, as these involve highly technical work beyond the expertise of most property owners.
“Constructing a building involves highly technical matters, and mostly owners do not have such a level of knowledge or experience,” Salinas said.
He added that while the National Building Code sets uniform safety standards, legal accountability for structural failure is primarily governed by Article 1723 of the Civil Code, which places liability on engineers and architects in cases of defective design or construction.
Salinas cited the Supreme Court ruling in Nakpil vs Court of Appeals (G.R. No. L-47851), which affirmed that contractors and architects cannot shift responsibility to owners for failures arising from technical defects or construction negligence.
He noted that the Court rejected arguments requiring owners to provide full-time supervision of construction, stressing that such responsibility has no legal or contractual basis.
The lawyer also pointed to Section 302 of the National Building Code, which requires that building plans and structural designs be prepared and signed by licensed professionals, reinforcing the reliance of owners on experts.
He further cited Sections 301 and 309, which require building permits and certificates of occupancy issued by local authorities, saying compliance with these requirements serves as prima facie evidence that due diligence was exercised.
According to Salinas, this regulatory framework helps shield property owners from liability, provided they complied with permit requirements and exercised proper care in hiring qualified contractors.
The May 24 incident resulted in 30 fatalities and prompted investigations by national agencies and the local government. a