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We Share – We Help, Know the Law Series!

SUBJECT: “CANCELLATION OF CONTRACT OF SALE


BY: ATTY. REX ENRICO D.V. CRUZ III, REB, JD, LLM


Friday, November 18, 2022 at 6:08pm


Here’s to another day of We Share-We Help, Know the Law Series!

Let us share with you the advice that Atty. Rex Enrico D.V. Cruz III, REB, JD, LLM gave his good friend regarding his problem when he sold his land.

Hope this helps!


If you have similar legal problems, you may want to schedule a consultation with us at PHDZ Cruz Law Offices.


Share The Law Series: “Liability of Architects, Engineers, Contractors for the collapsed of a building due to earthquake.”

 

BY: ATTY. REX ENRICO D.V. CRUZ III, REB, JD, LLM

 

Thursday, July 28, 2022 at 12:11am

 

Share ko lang ang provisions ng New Civil Code on fortuitous event (Art. 1174) and the liability of architect, engineer, and contractor (Art. 1723). This is in connection with the collapsed of a building due to earthquake. By way of reference, you may want to read the case entitled Nakpil & Sons v. Court of Appeals, G.R. No. L-47851, L-47863, L-47896, [October 3, 1986], 228 PHIL 564-594.

 

“Art. 1174. Except in cases specified by the law, or when it is otherwise declared by stipulation, or when the nature of the obligation requires the assumption of risk, no person shall be responsible for those events which, could not be foreseen, or which, though foreseen were inevitable.” 

Definitely po, yung earthquake, “act of God” yan. It is a Fortuitous event. So, pag ang building nag collapsed dahil sa earthquake, ang general rule, walang liability ang Architect, Engineer at ang Contractor. 

 

“Art. 1723. The engineer or architect who drew up the plans and specifications for a building is liable for damages if within fifteen years from the completion of the structure the same should collapse by reason of a defect in those plans and specifications, or due to the defects in the ground. The contractor is likewise responsible for the damage if the edifice falls within the same period on account of defects in the construction or the use of materials of inferior quality furnished by him, or due to any violation of the terms of the contract. If the engineer or architect supervises the construction, he shall be solidarily liable with the contractor. Acceptance of the building, after completion, does not imply waiver of any of the causes of action by reason of any defect mentioned in the preceding paragraph. The action must be brought within ten years following the collapse of the building.”

 

But, under po sa Art. 1723, ang Architect, Engineer and Contractor ay liable if they are negligent. Kung may kapabayaan sa plano ng building, or may pagkukulang isa construction, or may depekto ang materials na ginamit, then liable sila Architect, Engineer at Contractor. Note lang natin na yung burden of proof is with the building owner. Yung may ari ng building ang may obligation na patunayan ang presence ng negligence or kapabayaan in order for him to demand damages. 

 

I hope this short message will be able to help. Thank you po.

Share The Law Series: “Remedy when the developer fails to finish the subdivision or condominium project.”

SUBJECT: P.D. NO. 957 (REGULATING THE SALE OF SUBDIVISION LOTS AND CONDOMINIUMS,PROVIDING PENALTIES FOR VIOLATIONS THEREOF)

 

IN CASE THAT THE DEVELOPERS FAILS TO FINISH THE SUBDIVISION OR CONDOMINIUM PROJECT.

BY: ATTY. REX ENRICO D.V. CRUZ III, REB, JD, LLM

 

Wednesday, July 27, 2022 at 11:13am

 

Share ko lang ang provision ng PD No. 957 in case that the developer fails to finish the subdivision or condominium project.

Ang scenario po dito, you purchased a condominium unit or a piece of land. But the condominium project or subdivision project is still undergoing development. Hindi pa po tapos and project, ginagawa pa lang. You are continuously paying, unfortunately, the developer was not able to finish the project. Regular po ang bayad ng buyer pero yung developer hindi niya matapos yung project.

 

 

Sabi po ng Section 23, PD No. 957:

Section 23. Non-Forfeiture of Payments. — No installment payment made by a buyer in a subdivision or condominium project for the lot or unit he contracted to buy shall be forfeited in favor of the owner or developer when the buyer, after due notice to the owner or developer, desists from further payment due to the failure of the owner or developer to develop the subdivision or condominium project according to the approved plans and within the time limit for complying with the same. Such buyer may, at his option, be reimbursed the total amount paid including amortization interests but excluding delinquency interests, with interest thereon at the legal rate. In short, ang option ng buyer ay ang mga sumusunod:

 

1. He can desist from further payments. Dito po, the buyer can stop paying. Ang process is to write a letter to the developer and inform the developer of that fact hindi muna magbabayad si buyer dahil hindi ginagawa or hindi matapos ni developer ang project.

2. He cand demand to be reimbursed the total amount paid. Dito po, the buyer is demanding a full refund. Write a demand letter sa developer, saying, isauli mo lahat ng binayad ko.

 

These are your rights against erring developers. Laging alamin ang ating karapatan at huwag po tayong magpapaloko.

 

I hope this short message will be able to help. Thank you po.

 

 

We Share-We Help, A Friendly Tax Reminder!


Estate Tax and Tax Amnesty Act

By: A


Wednesday, August 3, 2022 at 1:13pm


TAX ALARM!

A friendly tax reminder from PHDZ Cruz Law Offices!

Know about Estate Tax and Tax Amnesty Act!


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