Philippine Bar Association Building Collapse

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?

Comment:

One who negligently creates a dangerous condition cannot escape liability for the natural and
probable consequences thereof, although the act of a third person, or an act of God for which he is
not responsible, intervenes to precipitate the loss.

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.