Saint Mary’s University

School of Engineering, Architecture and Information Technology

Bayombong, Nueva Vizcaya

PART I ENGINEERING LAWS

EXTRACTS FROM THE CIVIL CODE OF THE PHILIPPINES

ARTICLE 1723 OF R.A. 386 LIABILITY OF THE ARCHITECT, ENGINEER AND CONTRACTOR ON BUILDING FAILURES

The Engineer or Architect who drew up the plans and specifications for a building is liable for damages if within 15
years from completion of the structures, the same should collapse by reason of defect in those plans and
specifications, or due to defects in the ground.

Note: Maliwanag na ang Liability period is 15 years. Kailangang walang mangyari sa structure within 15 years. Pero
as an engineer later on, hindi lang dapat yung 15 years ang iniisip natin, dapat maging lifetime as much as possible.
Makokonsiyensiya pa rin tayo pag may nangyari sa structure beyond 15 years kahit na wala na tayong panangutan
doon. Huwag dapat nating isipin na ang gagawin nating building will last only for 15 years.

The contractor is likewise responsible for the damages if the edifice falls, within the same period, on account of
defects, in the construction or use of materials of inferior quality furnished by him, or due to any violation of the
terms of contract. If the Engineer or Architect supervises the construction, he shall be solitarily liable with the
contractor.

Acceptance of the building after the completion, does not imply waiver of any of the causes of action by reason of
any defect mentioned in the preceding paragraph.

Note: Ibig sabihin lang nito na hindi porke’t inaaccept ng owner ang building na ginawa mo is makakalusot ka na
kung sakaling may mangyari sa building. The court will not accept this reason. Maraming mga pilosopong mga
contractors na ang sasabihin eh bakit kasi nila tinirhan o bakit kasi nila inoccupy agad yung building.

The action must be brought within 10 years following the collapse of the building.

Note: after the collapse of the building, yung owner or kung sino mang involve or overseeing agency is may chance
na magfile ng kaso within 10 years.

ARTICLE 1724 OF R.A. 386

The contractor who undertakes to build a structure or any work for a stipulated price, in conformity with plans and
specifications agreed upon with the land owner, can neither withdraw from the contract nor demand an increase
in the price on account of the higher cost of labor or materials save when there has been a change in the plans and
specifications provided:

1. Such change has been authorized by the proprietor in writing.

2. The additional price to be paid to the contractor has been determined in writing by both parties.

ARTICLE 1725 OF R.A. 386

The owner may withdraw at will from the construction of the work, although it may have been commenced,
indemnifying the contractor for all latter’s expenses, work and the usefulness which the owner may obtain
therefrom and damages.

1|CE – 318 Prepared By: Engr. Juniffen I. Tacadena

 Saint Mary’s University
School of Engineering, Architecture and Information Technology
Bayombong, Nueva Vizcaya

OTHER USEFUL REFERENCES:

PD NO. 1096 – The National Building Code of the Philippines

PD NO. 957 – Regulating the Sale of Subdivision Lots and Condominium Providing Penalties for Violation thereof

RA NO. 9184 – Government Procurement Reform Act

DPWH Blue Book: Standard Specifications for Highways, Bridges and Airports

2|CE – 318 Prepared By: Engr. Juniffen I. Tacadena