JUAN F. NAKPIL & SONS vs.

CA
G.R. No. L47851 October 3, 1986
Paras, J.:

FACTS:
Philippine Bar Association, decided to construct an office building. The construction was underta
ken by the United Construction, Inc while the plans and specifications for the building were
prepared by Juan F. Nakpil & Sons. The building was completed in June, 1966. On August 2,
1968 an unusually string earthquake hit Manila and the building in question sustained a major
damage. The front columns of the building buckled, causing the building to tilt forward
dangerously

Philippine Bar Association filed a suit for damages against United Construction, alleging that the
collapse of the building was caused by defects in the construction, the failure of the contractors
to follow plans and specifications and violations of the terms of the contract. United
Construction subsequently filed a third-party complaint against Nakpil and Sons, stating that the
collapse was due to the defect of the plans and specifications.

The issues of this case were divided into technical issues and nontechnical issues, the technical
issues were referred to Commissioner Andres Hizon and the nontechnical issues were tried by
the court Commissioner eventually submitted his report with the findings that while the damage
sustained by Philippine Bar Association building was caused directly by the earthquake but they
were also cause by the defects in the plans and specifications prepared by Nakpil and Sons,
deviations from said plans and specifications by United Construction and failure of the latter to
observe the requisite workmanship in the construction of the building and of the contractors,
architect and even the owners to exercise the degree of supervision in the construction of the
building.


ISSUE: Whether or not an Act of God (fortuitous event), exempts liability from parties who are
otherwise liable because of their negligence


HELD:
The general rule is that no person shall be responsible for events which could not be foreseen or
which foreseen, were inevitable(Article 1174, New Civil Code)
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.

Thus, if upon the happening of a fortuitous event or an act of God, there concurs a corresponding
fraud, negligence, delay or violation or contravention in any manner of the tenor of the
obligation as provided for in Article 1170 of the Civil Code, which results in loss or damage, the
obligor cannot escape liability.



The negligence of United Construction and Nakpil and Sons was established beyond dispute
both in the lower court and in the Intermediate Appellate Court. United Construction Co., Inc.
was found to have made substantial deviations from the plans and specifications and to have
failed to observe the requisite workmanship in the construction as well as to exercise the
requisite degree of supervision; while the Nakpil and Sons were found to have inadequacies or
defects in the plans and specifications prepared by them. As correctly assessed by both courts,
the defects in the construction and in the plans and specifications were the proximate causes that
rendered the PBA building unable to withstand the earthquake of August 2, 1968. For this reason
the defendant and third-party defendants cannot claim exemption from liability.