The liability in the collapsed building in Brgy. Balibago, Angeles City has not yet been established, yet.
A news report last week in the Business Mirror written by colleague Ashley Manabat states in part “officials reiterated that any determination of liability would be based on technical findings and documentary evidence”.
The news account was an offshoot of a press conference held by Angeles City Mayor Jon Lazatin who was accompanied by City Administrator Atty. Noel Luzung, and Special Legal Adviser to the Angeles LGU Fact-finding Committee Atty. Darwin Reyes held on June 24 or exactly a month after the unfortunate incident.
That presscon was eagerly awaited as newsmen based in Pampanga who were hinted that an update on the probe into the collapsed building would be made. The hint was interpreted by some as the conclusion, hoping that some definitive announcements would be made especially in pinpointing responsibility.
But nothing of that sort came out. That is understandable though as the probe body assembled by Mayor Jon needed to toe the line onwards to the self-imposed deadline of 60 days. That would mean that a report should be out by the last week of July.
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OCCUPATIONAL SAFETY
The Business Mirror news account that mentioned liability that is still to be determined by the probe body brought to mind recently published legal and expert opinion. Independent views by experts on construction laws and occupational safety have been made public through news outlets and their social media platforms.
Recent news accounts that delved on the incident points to two major aspects.
First, on occupational safety.
A news account quoting occupational safety and health consultant of the Department of Labor and Employment (DOLE) Choi Cruz explained that the “contractor is responsible for turning paper concepts into physical reality, ensuring concrete is mixed, poured, and cured correctly, and managing specialized trades (plumbers, electricians) to avoid structural damage during installation.”
Could this lead to the “documentary findings” that the probe body might want a basis on?
The expert further noted that architects and engineers also have roles to play in building structures because they define structural boundaries and establish the project’s safety baseline — all of which the contractor must follow.
While I fancy not myself as a subject matter expert (far from being one), this could mean a great degree of influence the contractor has on the quality of the structure, since the contractor’s main duty involves execution, workmanship, and subcontracting oversight.
I am not saying that the integrity of any structure being built does not rely solely on the contractor, if I may be clear. But based on the opinion, this could mean that the contractor might just have the “heaviest burden for physical construction”. This is because the contractor is the expert who is “entirely responsible” for converting project plans into reality. (Daily Tribune, June 29, 2026)
In the same news account, one Architect Josua Cruz also shared the same opinion by saying “design takes equal responsibility as the execution,” but the duty of ensuring that quality and correct materials are used in building a structure largely falls on the shoulders of the contractor and the project management team.”
MERE ITERATION
Again, if I may be clear, this is not pinpointing who is the main culprit but a mere iteration of what I have read and picked up from the papers so far.
If I may be clear too, lawyer for the contractor Atty. Nicolai Manguerra has been reported to have extended the full cooperation of his client. In fact, he disclosed to media that his client was at the scene of the incident few hours after the collapse.
The contractor’s engineer, according to Manguerra, has made use of appropriate materials in the construction of the building, adding that the latter was able to secure/provide all the requirements for the construction of the building. He even stressed that they will not be allowed to start construction if their permits are incomplete.
He added that the engineer gave assurance that the project was “hindi tinipid.”
As news accounts and social media posts have it, the side of the owner and contractor have been in contact with the LGU and the affected families. If it were otherwise, I am sure that Mayor Jon Lazatin, who was our guest in our recent media forum at Park Inn, would be raising hell about it. He won’t take that sitting down.
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WHAT IS IN THE LAW?
Now, enough of the opinion and cite legalities. What is in the law? Again, I fancy not myself as a subject matter expert and much more claim to know the law and its provisions to ensure construction safety and pinpoint liability.
One Atty. Simoun Salinas – surfaced about two weeks ago in the news outlets.
The lawyer, being cited as a legal expert in various news accounts, may not be that famous but his views are of utmost importance. He may not be high profile but what was attributed to him could have high impact. The same applies to the occupational safety expert Choi Cruz and Architect Josua Cruz.
Atty. Salinas’ name may not even be remembered at all when all the smoke clears but the jurisprudence he is citing are worth reviewing and revisiting today and in the years to come. After all, they have been made part of landmark ruling that pinpoints liability since the 1980s.
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To sum up the points of Atty. Salinas, he noted that under Philippine laws, the principal accountability for defective or failed structures and site safety violations rests on the contractors.
He said that “while the National Building Code serves to enforce uniform standards to protect property and public welfare,” the Civil Code of the Philippines provides “the specific legal shield for property owners against structural failure.”
He cited the landmark case of Nakpil vs. Court of Appeals (G.R. No. L-47851) which, he said, has established that architects and contractors are solidarily liable for structural defects and poor construction that lead to building failure.
News reports quoted him as saying: “In the 1988 Resolution dismissing Nakpil’s Motion for Reconsideration (243 Phil. 489), the contractor tried to shift responsibility to the owner of the building, stating that it was the responsibility of the Philippine Bar Association (PBA) as the building owner to ensure and provide active round-the-clock supervision as the owner of the structure.”
“But the Supreme Court held that this position had no basis in law and fact, and was directly contrary to the ordinary practice that constructing a building involved highly technical matters, and beyond the ordinary experience of the owners.”
Long story short is that in Salinas’ opinion – the Supreme Court agreed that the trial court was correct: the owner cannot be held responsible for full-time construction supervision, as this is not backed by any law or contract.
Salinas made mention of Section 302 of the National Building Code that requires that all building plans, specifications, and design computations be prepared, signed, and sealed by duly licensed architects and civil/structural engineers.
The lawyer explained that this recognizes the property owner’s reliance on licensed professionals to build the structure.
Consequently therefore, Salinas adds that if a building collapses due to flawed design or bad engineering, the civil liability shifts from the owner to the professionals. Again, he cited the Civil Code Article 1723 which works hand-in-hand with the National Building Code.
Salinas noted 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, etc., then the owner has no liability under the law; the owner will not be liable criminally and civilly.”
As mentioned above, the opinion and provisions of the law as cited in this article are mere iteration of what I have read and picked up so far. There may be some opinion and legalities that may run counter to these that could be cited out there.
The post Liability: Iteration of Opinion and the Law first appeared on Pampanga News Now.