Case Summary (G.R. No. L-47851)
Relevant Dates and Procedural History
• Building completed June 1966.
• Earthquake of August 2, 1968 damages structure; PBA sues UCCI and Carlos on November 29, 1968.
• UCCI files third‐party complaint against Nakpils and Ozaeta.
• Trial court refers technical issues to a Commissioner; decision rendered September 21, 1971 (modified December 8, 1971).
• Court of Appeals modifies award November 28, 1977.
• Consolidated petitions for review on certiorari filed before the Supreme Court; decision date October 3, 1986. Applicable constitution: 1973 Philippine Constitution.
Applicable Law
• New Civil Code, Art. 1723 – Ten–fifteen‐year architect/contractor liability for structural collapse due to design or construction defects.
• New Civil Code, Arts. 1170–1174 – General obligations; fortuitous event (“act of God”) doctrine; exemption only if event is unforeseeable, independent of human fault, and without any contributing negligence.
Liability Despite an Act of God
The Court affirmed that while the August 2, 1968 earthquake was a fortuitous event, the concurrence of human negligence in design and construction prevents exemption from liability. Under Civil Code jurisprudence, an obligor negligent in creating a dangerous condition cannot invoke an act of God defense if human fault aggravated or caused the loss.
Defects in Architectural Plans and Specifications
Commissioner’s uncontroverted findings: plans lacked adequate provisions for torsion and overloading; imbalance in stiffness due to sun‐baffles; reduced column cross‐sections by embedded downspouts; inadequate column reinforcement at key corners. The Nakpils’ architects bore solidary liability under Art. 1723 for collapse within fifteen years.
Deviations and Poor Workmanship by Contractor
Multiple violations of specifications by UCCI confirmed: omission and improper spacing of spiral hoops in ground‐floor columns; honeycombs and contraband construction joints; eccentric placement of reinforcement; cavities in columns; severance of spirals. These defects diminished ductility and strength, aggravating seismic vulnerability.
Supervision and Solidary Responsibility
Both courts rejected the notion that PBA, as owner, owed full‐time supervision. UCCI, as general contractor, and Nakpils, as supervising architects, had direct responsibility for workmanship and execution. Their negligence in execution and supervision rendered them solidarily liable.
Quantum of Damages
Trial court awarded P900,000 for
Case Syllabus (G.R. No. L-47851)
Procedural History
- Three consolidated petitions for certiorari (G.R. Nos. L-47851, L-47863, L-47896) seeking review of the Court of Appeals’ November 28, 1977 decision in CA G.R. No. 51771-R.
- The CA modified the Court of First Instance (CFI) of Manila’s September 21, 1971 judgment (as amended December 8, 1971), adding a P200,000 award to the Philippine Bar Association (PBA).
- Petitioners: Juan F. Nakpil & Sons and Juan F. Nakpil; United Construction Co., Inc. (UCCI) and Juan J. Carlos; Philippine Bar Association (PBA) et al.
- Consolidation ordered by Supreme Court (SC) May 10, 1978; comments required from respondents.
- Amicus curiae (United Architects, Association of Civil Engineers, Philippine Institute of Architects) intervened to submit position papers.
Facts
- PBA commissioned an office building on its Intramuros, Manila lot; UCCI built it on an “administration” basis; Juan F. Nakpil & Sons prepared plans/specifications; Roman Ozaeta signed contract.
- Completed June 1966; badly damaged by August 2, 1968 earthquake (magnitude ~7.3): front columns buckled, building tilted, tenants vacated.
- UCCI shored the structure at P13,661.28; PBA sued UCCI and Carlos for defects; defendants filed third‐party complaint against architects and Ozaeta.
- Stipulation: if UCCI/Carlos exonerated, PBA may proceed against Nakpils as if formally impleaded.
Issues Referred to Commissioner
- Cause of earthquake damage:
• Defects/inadequacies in plans and specifications (design).
• Deviations by contractor from plans.
• Quality of materials and workmanship.
• Degree of supervision by architect/contractor/owner.
• Act of God or fortuitous event. - Apportionment of contributory factors.
- Whether building was total loss or repairable; cost of restoration and value of remaining work.
Commissioner’s Findings
- Direct cause: August 2, 1968 earthquake; proximate causes: