18/10/2025
𝖫𝖾𝗀𝖺𝗅 𝖡𝖺𝗌𝗂𝗌 𝗂𝗇 𝗍𝗁𝖾 𝖯𝗁𝗂𝗅𝗂𝗉𝗉𝗂𝗇𝖾𝗌
🏗️ 𝟏. 𝐈𝐟 𝐭𝐡𝐞 𝐡𝐨𝐮𝐬𝐞 𝐢𝐬 𝐬𝐭𝐢𝐥𝐥 𝐮𝐧𝐝𝐞𝐫 𝐜𝐨𝐧𝐬𝐭𝐫𝐮𝐜𝐭𝐢𝐨𝐧 𝐨𝐫 𝐰𝐢𝐭𝐡𝐢𝐧 𝐭𝐡𝐞 𝐰𝐚𝐫𝐫𝐚𝐧𝐭𝐲 𝐩𝐞𝐫𝐢𝐨𝐝 .
✅ 𝐃𝐞𝐯𝐞𝐥𝐨𝐩𝐞𝐫 𝐢𝐬 𝐠𝐞𝐧𝐞𝐫𝐚𝐥𝐥𝐲 𝐥𝐢𝐚𝐛𝐥𝐞 — but only if the damage is due to:
• Poor construction quality
• Use of substandard materials
• Negligence in following building codes
📘 𝐏𝐡𝐢𝐥𝐢𝐩𝐩𝐢𝐧𝐞 𝐋𝐚𝐰 𝐑𝐞𝐟𝐞𝐫𝐞𝐧𝐜𝐞:
Under Article 1723 of the Civil Code, engineers, architects, and contractors are liable for defects or ruin of a building within 15 years if it’s due to construction defects or the use of inferior materials.
🔸 So , if your house collapses or suffers heavy damage because of poor construction, the developer (through their engineers/contractors) can be held liable.
🔸 But if the structure fails because of a strong earthquake even though it was built according to code, that’s considered force majeure, and the developer is not liable.
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🏠 𝟐. 𝐈𝐟 𝐭𝐡𝐞 𝐮𝐧𝐢𝐭 𝐰𝐚𝐬 𝐭𝐮𝐫𝐧𝐞𝐝-𝐨𝐯𝐞𝐫 𝐚𝐧𝐝 𝐝𝐚𝐦𝐚𝐠𝐞 𝐢𝐬 𝐜𝐚𝐮𝐬𝐞𝐝 𝐩𝐮𝐫𝐞𝐥𝐲 𝐛𝐲 𝐧𝐚𝐭𝐮𝐫𝐚𝐥 𝐝𝐢𝐬𝐚𝐬𝐭𝐞𝐫 (𝐟𝐨𝐫𝐜𝐞 𝐦𝐚𝐣𝐞𝐮𝐫𝐞)
⚠️ 𝐁𝐮𝐲𝐞𝐫 𝐢𝐬 𝐮𝐬𝐮𝐚𝐥𝐥𝐲 𝐥𝐢𝐚𝐛𝐥𝐞 — not the developer.
Under 𝐀𝐫𝐭𝐢𝐜𝐥𝐞 𝟏𝟏𝟕𝟒 𝐨𝐟 𝐭𝐡𝐞 𝐂𝐢𝐯𝐢𝐥 𝐂𝐨𝐝𝐞, it says:
“No person shall be responsible for those events which could not be foreseen, or which, though foreseen, were inevitable.”
Earthquakes are considered an “𝙖𝙘𝙩 𝙤𝙛 𝙂𝙤𝙙” 𝙤𝙧 𝙛𝙤𝙧𝙘𝙚 𝙢𝙖𝙟𝙚𝙪𝙧𝙚, meaning:
• It’s unforeseeable and unavoidable
• No one is at fault
• The owner bears the loss once the property is turned over
👉 If your house was properly built according to code but got cracked or damaged by a strong earthquake, you (the buyer/owner) are responsible for repairs.
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3. 𝘿𝙚𝙫𝙚𝙡𝙤𝙥𝙚𝙧𝙨 𝙖𝙧𝙚 𝙧𝙚𝙦𝙪𝙞𝙧𝙚𝙙 𝙩𝙤 𝙛𝙤𝙡𝙡𝙤𝙬 𝙩𝙝𝙚 𝙉𝙖𝙩𝙞𝙤𝙣𝙖𝙡 𝘽𝙪𝙞𝙡𝙙𝙞𝙣𝙜 𝘾𝙤𝙙𝙚 (𝙋𝘿 1096)
𝐏𝐃 𝟏𝟎𝟗𝟔 𝐚𝐧𝐝 𝐢𝐭𝐬 (𝐈𝐑𝐑) 𝐩𝐫𝐞𝐬𝐜𝐫𝐢𝐛𝐞:
• Minimum standards for design, construction, and maintenance of buildings to ensure public safety.
• Responsibilities of building owners, developers, contractors, and building officials.
⚠️ Failure to adhere to the National Building Code can be a basis for administrative penalties and may serve as evidence of negligence in civil cases for damages caused by building defects (including water intrusion).
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𝟒. 𝐋𝐨𝐜𝐚𝐥 𝐆𝐨𝐯𝐞𝐫𝐧𝐦𝐞𝐧𝐭 𝐂𝐨𝐝𝐞𝐬 𝐚𝐧𝐝 𝐏𝐞𝐫𝐦𝐢𝐭𝐭𝐢𝐧𝐠
Local Government Units (LGUs) issue building permits and certificates of occupancy.
Developers are required to follow local ordinances and standards.
🚫 Non-compliance can:
• Lead to administrative fines.
• Provide evidence of negligence or breach in legal actions filed by property owners or occupants.
If developers fail to:
• Use proper materials
• Follow structural design standards
• Obtain required permits
Then they can be penalized and made liable for damages.
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🧾 𝐂𝐡𝐞𝐜𝐤 𝐲𝐨𝐮𝐫 𝐜𝐨𝐧𝐭𝐫𝐚𝐜𝐭 𝐚𝐧𝐝 𝐢𝐧𝐬𝐮𝐫𝐚𝐧𝐜𝐞
✅ Look for:
• 𝐒𝐭𝐫𝐮𝐜𝐭𝐮𝐫𝐚𝐥 𝐰𝐚𝐫𝐫𝐚𝐧𝐭𝐲 𝐩𝐞𝐫𝐢𝐨𝐝
• from the developer (usually 1 year for minor defects, up to 15 years for structural defects)
• 𝐇𝐨𝐦𝐞 𝐢𝐧𝐬𝐮𝐫𝐚𝐧𝐜𝐞 𝐜𝐨𝐯𝐞𝐫𝐚𝐠𝐞- some developers include basic coverage for fire, earthquake, or other calamities
It’s wise to get your own property insurance that includes earthquake coverage once you own the home.
Ps: please add CTTO if you want to copy this post. 😅
