A research case brief submitted to Engr. Michael V.

Almeida

as partial fulfillment of the requirements for the subject

CELAWSEC

Submitted by:

Leader: TOLENTINO, CATHRINE JOY S.

Members: AQUINO, ANGELYN I.
DALUSUNG, JOHANA ALEXI M.
KHO, ELAIZA NICOLE L.
TABANG, JERICHO ROI E.

BACHELOR OF SCIENCE IN CIVIL ENGINEERING PROGRAM

School of Engineering and Architecture

Holy Angel University

August 27, 2022

FORMAT OF CASE BRIEFING AND SYNTHESIS OF CASES:

I. FACTS

Describe the events between parties leading to the case. Include those facts that are
relevant to the issue and to the reasons for its decision. You will not know which facts are
relevant until you know what the issue or issues are.

Example: If the issue is whether there is a breach of contract under Article 1305 – Article 1422
of the New Civil Code of the Philippines, relevant facts include the fact of contract
and the acts constituting breach of contract to comply with the essential
contract obligations.

Answer:
The issues on this situation is negligence and unprofessionalism on the part of the Civil
Engineers. According to the REPUBLIC ACT NO. 6541 or National Building Code of the
Philippines and NSCP 2015 the contractors and the engineers involved on any project should
follow this said law to prevent any damage and loss of lives on their projects. On this situation
the contractors and engineers failed to comply on their duty on their respective tasks given on the
projects as a result, injuries and deaths happened and they also faced some penalties on that
accident.

II. ISSUE(S)

The issue is the question that must be decided to resolve the dispute between the parties
in the case before it. To find the issue, you must identify the rule in the code of ethics that
governs the dispute and ask how it should apply to those facts. You usually write the issue for
your case brief as a question that combines the rule of code of ethics with the material facts of
the case, that is, those facts that raise the dispute. Although we use the word “issue” in the
singular, there can be more than one issue in a case.

Example: Do project delay due to lack of materials and incompetent workers constitute breach of
contract?

Answer: Do negligence on the part of the contractors and the engineers will cause some
problems or worst injuries and deaths.

Answer: Do unprofessionalism on the part of the contractors and the engineers will cause a
possible accident in a certain project.
III. RULING

The ruling is the case decision on the question that is before it. There are number of ruling
statements, but if they do not relate to the question before it. The ruling or holding provides the
answer to the question asked in the issue statement. If there is more than one issue, there may be
more than one holding. The ruling is supported by reasoning explaining and supporting the case
decision.

Example: In a case of breach of contract, the case will refer to the provisions of Article 1305 -
1422 of the New Civil Code of the Philippines, state the substantial and
procedural requirements for breach of contract to exist and cite the earlier rulings in
the case.

Answer:

According to the REPUBLIC ACT NO. 6541 and NSCP 2015 the engineers in charge on that
project should ensure the safety and durability of a certain project. According to this laws anyone
who doesn’t comply will be punished according to the mandate of the law. So there’s no room
for negligence and unprofessionalism in a workplace especially if there are lives involved.

IV. SYNTHESIS

You have to analyze the problem and outcome of each case and the applicable area of the code of
ethics to form a general principles about the code.

Answer:
For case 3

In the situation of the case 3 the problem existed on the scenario are negligence and
unprofessionalism on the part of the contractors and engineers that causes deaths on that project.
Based on the REPUBLIC ACT NO. 6541 and NSCP 2015 if the engineers and contractors found
guilty or accountable in the said accident they must be penalized according to the law.