NAKPIL & SONS v.

CA
To be exempt from liability due to an act of God, the
engineer/architect/contractor must not have been negligent
in the construction of the building.
FACTS:
Private respondents Philippine Bar Association (PBA) a
non-profit organization formed under the corporation law
decided to put up a building in Intramuros, Manila. Hired to
plan the specifications of the building were Juan Nakpil &
Sons, while United Construction was hired to construct it.
The proposal was approved by the Board of Directors and
signed by the President, Ramon Ozaeta. The building was
completed in 1966.
In 1968, there was an unusually strong earthquake which
caused the building heavy damage, which led the building
to tilt forward, leading the tenants to vacate the premises.
United Construction took remedial measures to sustain the
building.
PBA filed a suit for damages against United Construction,
but United Construction subsequently filed a suit against
Nakpil and Sons, alleging defects in the plans and
specifications.
Technical Issues in the case were referred to Mr. Hizon, as a
court appointed Commissioner. PBA moved for the
demolition of the building, but was opposed. PBA eventually
paid for the demolition after the building suffered more
damages in 1970 due to previous earthquakes. The
Commissioner found that there were deviations in the

specifications and plans, as well as defects in the

construction of the building.
ISSUE: Whether or not an act of God (fortuitous event)
exempts from liability parties who would otherwise be due
to negligence?

HELD:
Art. 1723 dictates that the engineer/architect and contractor
are liable for damages should the building collapse within 15
years from completion.
Art. 1174 of the NCC, however, states that no person shall
be responsible for events, which could not be foreseen. But
to be exempt from liability due to an act of God, the ff must
occur:
1) cause of breach must be independent of the will of the
debtor
2) event must be unforeseeable or unavoidable
3) event must be such that it would render it impossible for
the debtor to fulfill the obligation
4) debtor must be free from any participation or aggravation
of the industry to the creditor.
In the case at bar, although the damage was ultimately
caused by the earthquake which was an act of God, the
defects in the construction, as well as the deviations in the
specifications and plans aggravated the damage, and
lessened the preventive measures that the building would
otherwise have had.