3. Strict Liability

Liability of proprietors of buildings

• The proprietor of a building or structure is responsible for the damages resulting from its total or partial collapse, if it should be due to the lack of necessary repairs. (NCC, Art. 2190)
• They shall also be responsible for damages caused by emanations from tubes, canals, sewers or deposits of infectious matter, constructed without precautions suitable to the place. (NCC, Art. 2191)

Rules on liability for collapse of a building (NCC, Art. 1723)

• The collapse of the building must be within 15 years from the completion of the structure.

NOTE: The collapse is by reason of a defect in the engineer or architect’s plans and specifications, or due to the defects in the ground.

• The prescriptive period is 10 years following the collapse.
• The liability applies to collapse or ruin, not to minor defects.
• Acceptance of the building after completion does not waive an action based on the defects specified in Article 1723.

NOTE: Acceptance of the building, after completion, does not imply waiver of any of the cause of action by reason of any defect.

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

Liability Without Fault

Liability without fault includes the following:

• Strict Liability – strict liability arises when the facts specified by law are established and liability is imposed independently of fault, negligence, or intent. It includes liability for conversion and for injuries caused by animals, ultra-hazardous activities, and nuisance; and
• Product Liability - it is the law which governs the liability of manufacturers and sellers for damages resulting from defective products. (Aquino, 2005) Manufacturers and processors of foodstuffs, drinks, toilet articles, and similar goods shall be liable for death or injuries caused by any noxious or harmful substances used, although no contractual relation exists between them and the consumers. (Art. 2187) Any Filipino or foreign manufacturer, producer, and any importer shall be liable for redress, independently of fault, for damages caused to consumers by defects resulting from design, manufacture, construction, assembly and erection, formulas and handling and making up, presentation or packing of their products, as well as for the insufficient or inadequate information on the use and hazards thereof. (Sec. 97, R.A. No. 7394, Consumer Act of the Philippines)