Technical men like engineers and architects can be held civilly and penally liable for damages resulting from their work. [Civil liability is prescribed under Philippine law for failing to meet responsibilities. For an action against an engineer or architect to succeed, the plaintiff must prove that a building collapsed within 15 years of completion due to defects.] Penal liability can also arise if an engineer practices outside the scope of their license or fails to exercise due care concerning public safety.
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Liability of Technical Men Navars
Technical men like engineers and architects can be held civilly and penally liable for damages resulting from their work. [Civil liability is prescribed under Philippine law for failing to meet responsibilities. For an action against an engineer or architect to succeed, the plaintiff must prove that a building collapsed within 15 years of completion due to defects.] Penal liability can also arise if an engineer practices outside the scope of their license or fails to exercise due care concerning public safety.
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Liability of Technical Men
General Consideration
-after admission to the practice, the engineer may carry
his work in a direction and manner that in his light is not contrary to existing law , morals, good customs, public order and public policy ,as well as existing ethics of the profession; but as public safety, he should probably anticipate probable risk to lives an limbs that may occur from his work General Consideration Civil Liability
-civil liability for damages , barring certain
liabilities created under contracts with a client or employer and other juridical relations , the civil code of the Philippines ( republic act 386) prescribes in no uncertain meaning the liability of an architect of engineer as well as the contractor who fails or neglect to live up to that measure of responsibility Requirements for Action to Prosper
-for them to be held answerable for damages ,
however , there are certain elements which must be shown to the satisfaction of the court. For an action against the engineer or architect to prosper, it must be proven that: a) the collapse of the building took place within fifteen years from its completion Warranty and Prescription
- The law further provides that acceptance of the
building after completion does not imply a waiver of any of the cause of action by reason of the defencts mentioned. Damage defined
-damage is simply the of money which the law
awards or imposes as pecuniary compensation , recompense or satisfaction for any injury done or a wrong sustained as consequence for any injury done or a wrong sustained as a consequence either of a breach of contractual obligation of tortious act. Penal Liability
- The different law s relevant to the practice of
engineering have enumerated in separate section the specific professional activities that a licensed engineer ,i.e. civil, mechanical , electrical ,etc. may undertake , these are exclusive and autonomous although at times complementary with activities of other classification