Professional Documents
Culture Documents
Pro Prac
Pro Prac
- The intellectual property rights retained by an - Architect who specializes in the detailed
Architect over any architectural physical planning of land or property
documents/work that he/she prepares unless Physical Planning
there is a written stipulation to the contrary
- Copyright in a work of architecture shall - detailed physical planning of land or property
include the right to control the erection of any Professional
building which reproduces the whole or a
substantial part of the work either in its - A person whose name, registration, and
original form or in any form recognizably professional license number is entered in the
derived from the original PRC registry book and computerized database
- However, the copyright in any such work shall as one legally authorized to practice his
not include the right to control the profession.
reconstruction or rehabilitation in the same
Professional identification card
style as the original of a building to which the
copyright relates. - A document bearing the registration number,
date of issuance with an expiry date, due for
CPD providers
periodic renewal, issued to a registered
Architect upon payment of the annual IAPOA - Integrated Accredited Professional
registration fees for three (3) years Organization of Architects (the same as United
Architects of the Philippines, Inc.)
Site Planning
R.A NO. 8293 - Intellectual Property Code of the
- detailed site development planning of all areas
Philippines
surrounding a building/structure and/or a
group of buildings/structures but only within PRC – Professional Regulation Commission
the property limits of the land on which such
R.A. NO. 8981 – PRC Modernization Act of 2000
buildings/structures are to be erected
RLA – Registered and Licensed Architect
SPP
UAP – United Architects of the Philippines, Inc.
- “Standards of Professional Practice” refers
to documents which define all aspects of
professional service, prescribes minimum
basic fees and establishes the rights and
obligations of both the Architect and the
client.
Sole proprietorship
- An individual architect practicing and
delivering architectural services, duly
registered with the DTI, PRBOA and the PRC
Specialization
- An expertise and special knowledge in the
field of architecture acquired through formal
education and training or through continuing
professional development and experience, for
which the Architect may be engaged as
Consulting Architect.
Syllabi
- The outline of topics and concepts of major
subjects to serve as basis for test questions in
the licensure examinations
Technology transfer
- The transfer of systematic knowledge for the
manufacture of a product, the application of a
process, or the rendering of a service and the
transfer, assignment or licensing of all forms
of intellectual property rights
Urban Design
- physical and systemic design undertaken by
an Architect on a community and urban plane,
more comprehensive than, and an extension of
the architecture of buildings, spaces between
buildings, entourage, utilities and movement
systems.
SECTION 20. SEAL, ISSUANCE AND USE OF SECTION 22. Refusal to Issue Certificate of
SEAL Registration and Professional Identification Card
▪ Only persons with a Certificate of Registration ▪ The foreign applicant must submit a letter or any
and be issued a Professional Identification Card document signed and under official seal by the
may: appropriate official of his country requesting the
Chairman of the Board Architecture to allow the
• Practice architecture in this country foreign applicant to take the licensure
examination
• Engage in preparing architectural plans,
specifications or preliminary data for the ▪ If the letter/document and the copy of the law
erection or alteration of any building submitted by the applicant is satisfactory to the
located within the boundaries of this Board, the foreign applicant shall be allowed to
country take the licensure examination for Architects by
requiring him to file an application to take the
• Use the title “Architect”, or display the
licensure examination and by submitting the
word “Architect” together with another
following documents:
word
▪ Any official document issued by the
• Display or use any title, sign, card,
Bureau of Immigration and Deportation
advertisement, or other device to indicate
allowing the applicant to enter and reside
such person practices or offers to practice
the Philippines;
architecture, or is an architect
▪ Passport
▪ A foreign architect or any person not authorized to
practice architecture in the Philippines who shall ▪ Original or authenticated copy of
perform any of the activities mentioned in transcript of records issued by the
Sections 3 and 4 shall be deemed engaged in the institution of higher learning where he
unauthorized practice of architecture and shall, studied, duly authorized by his country
therefore, be criminally liable under RA 9266 and
its IRR ▪ Other documents which may be required
to be submitted by the Board.
SECTION 26. Vested Rights. Architects Registered
When This Law is Passed SECTION 28. CONTINUING PROFESSIONAL
DEVELOPMENT (CPD)
▪ All architects registered at the time this law takes
effect shall automatically be registered under the ▪ To promote public interest and to safeguard life,
RA 9266, subject, however, to the provisions health and property, all practicing architects shall
regarding future requirements. maintain a program of continuing professional
development.
▪ Certificates of Registration and Professional
Identification Cards held by such persons in good ▪ The IAPOA shall have the responsibility of
standing shall have the same force and effect as developing a continuing professional development
though issued after the passage of RA 9266. program for architects. Other entities or
organizations may become CPD providers upon
SECTION 27. RECIPROCITY REQUIREMENTS accreditation by the Board.
SECTION 29.Prohibition in the practice of ▪ Such activity shall constitute unauthorized
architecture and penal clause practice of architecture which shall be
penalized in accordance with Section 29 of
▪ The following shall be guilty of misdemeanor
RA 9266.
(type of criminal offense):
PUBLIC OFFICIALS
• Any person who shall practice or offer to
practice architecture in the Philippines ▪ Any public official who shall order or
without being registered/licensed and who cause a non- architect to perform activities
are not holders of temporary or special which constitute practice of architecture
permits in accordance with the provisions shall be administratively liable and shall
of RA 9266 be guilty of misdemeanor and shall upon
conviction be sentenced in accordance
• Any person presenting or
with Section 30 of RA 9266.
attempting to use the Certificate of
Registration/Professional Identification SECTION 30.PROHIBITION IN THE PRACTICE
Card or seal of another or temporary or OF ARCHITECTURE
special permit,
▪ Any person or entity, whether public or private,
• Any person who shall give any false or Filipino or foreigner, who/which shall entice,
forged evidence of any kind to the Board compel, coerce, require or otherwise force an
or to any member thereof in obtaining a architect registered and licensed under RA 9266 to
Certificate of Registration/Professional undertake/perform any service under the general
Identification Card or temporary or special practice of architecture as defined under RA 9266,
permit without first executing a written contract/service
agreement shall be guilty of misdemeanor and
• Any person who shall falsely impersonate
shall, upon conviction be sentenced to a fine of
any registrant of like or different name,
not less than Two hundred thousand pesos
• Any person who shall attempt to use a (P200,000.00) or to suffer imprisonment for a
revoked or suspended Certificate of period not exceeding six (6) years, or both, at the
Registration/Professional Identification discretion of the Court.
Card or cancelled special/temporary
SECTION 31. LIABILITY OF REPRESENTATIVES
permit,
OF NON-REGISTERED PERSONS
• Any person who shall use in connection
▪ It shall be unlawful for any person or firm or
with his/her name or otherwise assume,
corporation to seek to avoid the provisions of RA
use or advertise any title or description
9266 by having a representative or employee seek
tending to convey the impression that
architectural work in their behalf, unless and until,
he/she is an architect when he/she is not an
such persons are duly qualified and duly
architect
registered/licensed.
• Any person whether Filipino or foreigner,
▪ Otherwise, both those represented and the
who knowingly allows the use, adoption,
representative, the employer and the employee
implementation of plans, designs or
shall be deemed guilty of violation of RA 9266.
specifications made by any person, firm,
partnership or company not duly licensed ▪ Solicitation of architectural work shall be
to engage in the practice of architecture, construed as offering to practice architecture and
it shall be unlawful for any non-registered and
• Any person who shall violate any of the
unlicensed persons to do so.
provisions of RA 9266, its implementing
rules and regulations, the Code of Ethical SEC. 32. Signing and Sealing of Architectural Plans,
Conduct and Standards of Professional Specifications, Architectural Permit and Other
Practice, or any policy of the Board and Contract Documents
the Commission
▪ It shall be unlawful for any architect to sign
GOVERNMENT EMPLOYEES his/her name, affix his/her seal on architectural
plans made under another architect’s supervision,
▪ Government employees and employees of
unless made in such manner as to clearly indicate
private firms or persons/entities who are
which parts of such work was actually performed
not registered and licensed architects shall
by the former
not perform architectural works in the
performance of their official function ▪ The authorized signature, official seal, PTR, PRC
without the direct supervision of a licensed registration number and the IAPOA membership
architect. number and Official Receipt (O.R.) number of the
Architect-of-Record stamped on architectural ▪ The government architect-of-record shall collect
plans signify his/her assumption of the mandated from the concerned national or local agency
15-year civil liability under Article 1723 of the including Government Owned and Controlled
Civil Code. Corporations (GOCC’s) an incentive pay to cover
civil liabilities in the equivalent amount of 1.5 %
▪ However, the Architect-of-Record should be
of the project cost of every project provided it
limited to architectural documents of a project and
shall not exceed 50% of his annual salary which
its liability does not extend to the professional
shall be paid upon full completion of the project.
responsibility nor civil liability of the other
The amount intended for the architect who
signing (sealing) professionals
prepared and signed the drawings and
SECTION 33. Ownership of Plans, Specifications and specifications shall be included in the Program of
Other Contract Documents Work.
▪ Drawings and specifications and other contract SECTION 36. COLLECTION OF PROFESSIONAL
documents duly signed, stamped or sealed, as FEES
instruments of service, are the intellectual
▪ It shall be unlawful for any unregistered person to
property and documents of the architect, whether
collect a fee for architectural services except as an
the object for which they are made is executed or
employee collecting a fee as representative of a
not. It shall be unlawful for any person to
Registered Architect.
duplicate or to make copies of said documents for
use in the repetition of and for other projects or SECTION 37. Limitation to the Registration of a
buildings, whether executed partly or in whole, Firm, Company, Partnership, Corporation or
without the written consent of architect or author Association
of said documents
▪ The practice of architecture is a professional
▪ All architects shall incorporate this provision in service, admission to which shall be determined
all contract documents and other instruments of upon the basis of individual personal
service qualifications.
SECTION 34. Non-Registered Person shall not Claim ▪ However, a firm, company, partnership,
Equivalent Service corporation or association may be registered or
licensed as such for the practice of architecture
▪ Persons not registered as an architect shall not
under the following conditions:
claim nor represent either services or work as
equivalent to those of a duly qualified registered ▪ Only Filipino citizens properly registered
architect, or that they are qualified for any branch and licensed as architects under RA 9266
or function of architectural practice, even though may, among themselves, or together with
no form of the title “Architect” is used allied technical professionals, form and
obtain registration as a firm, company,
SECTION 35. Positions in Government Requiring the
partnership, association or corporation for
Services of Registered and Licensed Architects
the practice of architecture;
▪ Within three (3) years from the effectivity of R.A.
▪ Registered and licensed architects shall
No. 9266, all existing and proposed positions in
compose at least seventy-five percent
the local and national government, whether career,
(75%) of the owners, shareholders,
permanent, temporary or contractual and
members, incorporators, directors,
primarily requiring the services of an architect
executive officers, as the case may be
shall be filled only by registered and licensed
architects. ▪ Individual members of such firm,
partnership, association or corporation
▪ All national and local agencies including
shall be responsible for their individual
Government Owned and Controlled Corporations
and collective acts as an entity and as
(GOCC’s) are prohibited to collapse existing
provided by law;
plantilla positions for architects for the purpose of
recreating the same to non-architect positions. ▪ Such firm, partnership, association, or
corporation shall be registered with the
▪ All existing plantilla positions in the national and
SEC and the PRBOA.
local government whose job description includes
the practice of architecture as defined under R.A. SECTION 38. Coverage of Temporary/Special
9266, shall be automatically reclassified as Permits
Architect positions and shall be accorded the
▪ Foreign nationals who have gained entry in the
salary pertaining to the latter in accordance with
Philippines to perform professional services as
salary standardization law.
architects or consultants shall secure a
special/temporary permit from the Board subject
to approval of the Commission, to practice his/her
profession in connection with the project to which
he/she was commissioned
▪ A foreign national or foreign firm whose name
appears on architectural plans for securing
building permits, licenses and government
authority clearances for actual building project
construction in the Philippines shall be deemed
practicing architecture in the Philippines, whether
the contract for professional services is
consummated in the Philippines or in a foreign
country.
CONDITIONS FOR TEMPORARY/SPECIAL
PERMITS
▪ He/she must be a citizen or subject of a country
which specifically permits Filipino professionals
to practice his/her profession within their
territorial limits, on the same basis as the subjects
or citizens of such foreign state or country;
▪ He/she must be legally qualified to practice
architecture in his/her own country, and that
his/her expertise is necessary and advantageous to
our country particularly in the aspects of
technology transfer and specialization;
▪ Foreign nationals shall be required to work with a
Filipino counterpart and shall also be responsible
for public utilities and taxes due to the Philippine
government, relative to their participation in, or
professional services rendered to the project
▪ Agencies, organizations or individuals whether
public or private, who secure the services of a
foreign professional authorized by law to practice
in the Philippines, shall be responsible for
securing a special permit from the PRC and the
DOLE
SECTION 39.LIABILITY INSURANCE FOR
TEMPORARY OR SPECIAL PERMITS
▪ Foreign nationals must locally secure their
professional liability insurance or malpractice
insurance or their acceptable equivalent in bond
form commensurate with the nature and
magnitude of their project involvement and their
compensation
▪ An architect duly registered with the PRC shall
automatically become a member of the UAP
▪ The UAP shall keep an updated official registry of
its members
▪ Members of the UAP practicing the architectural
profession shall be required to provide their
official IAPOA membership number and receipt
number together with their PRC registration
number and PTR Number on official documents
prepared by them for purposes of obtaining
governmental regulatory permits and licenses.
FUNCTIONS, DUTIES, RESPONSIBILITIES OF
THE UAP
▪ Nominations to the vacancy of positions to the
BOA;
▪ Responsibility of preparing a program of CPD;
▪ Endorsement of the practice of foreign nationals
to be issued temporary/special permit;
▪ Recommendation of compliance with liability
insurance under a temporary/special permit;
▪ Monitoring of compliance to RA 9266, and filing
of complaints with the PRBOA and/or PRC for
violations of the RA 9266, this IRR, Code of
Ethics, Standards of Professional Practice and
other policies of the Board and of the Commission
▪ Some other functions, duties and responsibility as
SECTION 40. INTEGRATION OF THE may be prescribed by the BOA from time to time.
ARCHITECTURE PROFESSION
SECTION 41. Implementing Rules and Regulations
▪ The Architecture profession shall be integrated
into one national organization which shall be ▪ Within sixty (60) days after the effectivity of R.A.
accredited by the Board, subject to the approval No. 9266, the Board, subject to the approval of
by the Commission, as the integrated and the Commission and in coordination with
accredited professional organization of architects integrated and accredited professional
organization, shall adopt and promulgate such
▪ Such an organization shall be registered with the rules and regulations, Code of Ethical Conduct
SEC as a non-profit, non-stock corporation to be and Standards of Professional Practice, to carry
governed by by-laws providing for a democratic out the provisions of R.A. No. 9266 and which
election of its officials. shall be effective fifteen (15) days following their
publication in the Official Gazette or in two (2)
▪ An architect duly registered with the Board shall
major daily newspapers of general circulation.
automatically become a member of the integrated
and accredited professional organization of SECTION 42. Appropriations
architects and shall receive the benefits and
privileges provided for in R.A. 9266 upon ▪ The Chairperson of the Professional Regulation
payment of the required fees and dues. Commission shall immediately include in the
Commission’s programs the implementation of
▪ Membership in the integrated and accredited R.A. No. 9266, the funding of which shall be
professional organization of architects shall not be included in the annual General Appropriations
a bar to membership in other associations of Act.
architects.
▪ The amount necessary to carry out the initial
UAP AS IAPOA implementation of R.A. No. 9266 shall be charged
against the current year’s appropriations of the
▪ Pursuant to Board Resolution No. 3, Series of
Professional Regulation Commission. Thereafter,
2004, the United Architects of the Philippines,
such sums as may be necessary for the continued
Inc. is the existing integrated and accredited
implementation of R.A. No. 9266 shall be
professional organization of registered architects
included in the succeeding General
Appropriations Act (GAA).
SECTION 43. ACT NOT AFFECTING OTHER
PROFESSIONALS
▪ RA 9266 shall not be construed to affect or
prevent the practice of any other legally
recognized profession
SECTION 44. Enforcement of the Act
▪ It shall be the primary duty of the PRC and the
PRBOA to effectively enforce the provisions of
RA 9266 and this “IRR of the Architecture Act of
2004”.
▪ All duly constituted law enforcement agencies
and officers of national, provincial, city or
municipal government shall, upon the call or
request of the PRC or the PRBOA, render
assistance in enforcing the provisions of RA 9266,
and to prosecute any person violating the
provisions of the same.
▪ Any person may bring before the PRC,
PRBOA,or the aforementioned officers of the law,
cases of illegal practice or violations of RA 9266
committed by any person or party.
SECTION 45. Separability Clause
▪ If, for any reason, any section or provision of this
IRR is declared unconstitutional or invalid, the
remainder of this IRR shall not be affected by
such declaration.
SECTION 46. Repealing Clause
▪ Any provisions of the rules and policies issued
and promulgated pursuant to R.A. No. 545, P.D.
No. 223,R.A. No. 8981, and other laws which are
inconsistent with this IRR are hereby superseded,
repealed or amended accordingly.
SECTION 47. Effectivity
▪ The herein “IRR of the Architecture Act of 2004”
shall be, upon approval by the Commission, be
effective after fifteen (15) days following its full
and complete publication in the Official Gazette
or in two (2) major newspapers of general
circulation.
Article 17. The forms and solemnities of contracts,
wills, and other public instruments shall be governed
by the laws of the country in which they are executed.
Forms – structure and content of documents
Solemnities – formal procedure involve in
their executions
CHAPTER 2. HUMAN RELATIONS
Article 19. Every person must, in the exercise of his
rights and in the performance of his duties, act with
justice, give everyone his due, and observe honesty
and good faith.
Article 22. Every person who through an act of
performance by another, or any other means, acquires
or comes into possession of something at the expense
of the latter without just or legal ground, shall
return the same to him.
TITLE II OWNERSHIP
CHAPTER 1. OWNERSHIP in GENERAL
Article 427. Ownership may be exercised over things
or rights.
Article 428. The owner has the right to enjoy and
dispose of a thing, without other limitations than
those established by law.
The owner has also a right of action against the
holder and possessor of the thing in order to recover
it.
Article 435. No person shall be deprived of his
property except by competent authority and for
public use and always upon payment of just
compensation.
REPUBLIC ACT NO. 386 Deprived Property
An Act to Ordain and Institute The Civil Code of the - removing someone’s ownership or
Philippines possession of the property
- Signed last June 18, 1949 Article 437. The owner of a parcel of land is the
- Effective last august 30, 1950 owner of its surface and of everything under it, and
he can construct thereon any works or make any
- Composed of 2270 articles
plantations and excavations which he may deem
- Serve as primary source of private law proper, without detriment to servitudes and subject to
of our country special laws and ordinances. He cannot complain of
- Regulate family and property relation, the reasonable requirements of aerial navigation.
provide provision for legal principles
SECTION 2. Right of Accession with Respect to
and rules that governs various aspects
Immovable Property
of personal and proprietary rights
Immovable Property
Proprietary Rights
- Refers to the land and anything
- Legal rights and interest that an attached to it permanently, either
individual has in property or assets or by nature like trees or like human
intellectual creations intervention like buildings or
structure
CHAPTER 1. EFFECTS AND APPLICATION OF
LAWS Movable Property
Article 3. Ignorance of the law excuses no one from - Items that can be easily move or
compliance therewith. transferred from one place to
another
- “Ignorantia legis non excusat” - Not permanently attached to the
- means ignorance of the law land like vehicles or furniture
excuses not
Article 445. Whatever is built, planted or sown on Article 1156. An obligation is a juridical necessity to
the land of another, and the improvements or give, to do or not to do.
repairs made thereon, belong to the owner of the
Noncompliance= Legal Sanctions
land, subject to the provisions of the following
articles. Article 1157. Obligations arise from:
Article 449. He who builds, plants or sows in bad (1) Law;
faith on the land of another, loses what is built, (2) Contracts;
planted, or sown without right to indemnity. (3) Quasi-contracts;
(4) Acts or omissions punished by
SECTION 3. Right of Accession with Respect to Movable
law; and
Property
(5) Quasi-delicts.
Article 466. Whenever two movable things belonging
Article 1159. Obligations arising from contracts have
to different owners are, without bad faith, united in
the force of law between the contracting parties and
such a way that they form a single object, the owner
should be complied with in good faith.
of the principal thing acquires the accessory,
indemnifying the former owner thereof for its value. CHAPTER 2. NATURE AND EFFECT OF
OBLIGATIONS
TITLE III- CO-OWNERSHIP
Article 1170. Those who in the performance of their
Article 484. There is co-ownership whenever the
obligations are guilty of fraud, negligence, or delay,
ownership of an undivided thing or right belongs to
and those who in any manner contravene the tenor
different persons.
thereof, are liable for damages.
Article 490. Whenever the different stories of a
TITLE II. CONTRACTS
house belong to different owners, if the titles of
ownership do not specify the terms under which they Article 1305. A contract is a meeting of minds
should contribute to the necessary expenses and there between two persons whereby one binds himself,
exists no agreement on the subject, the following rules with respect to the other, to give something or to
shall be observed: render some service.
(1) The main and party walls, the roof and the Article 1306. The contracting parties may establish
other things used in common, shall be such stipulations, clauses, terms and conditions as
preserved at the expense of all the owners they may deem convenient, provided they are not
in proportion to the value of the story contrary to law, morals, good customs, public order, or
belonging to each; public policy.
(2) Each owner shall bear the cost of Article 1318. There is no contract unless the following
maintaining the floor of his story; the floor requisites concur:
of the entrance, front door, common yard
and sanitary works common to all, shall be 1. Consent of the contracting parties;
maintained at the expense of all the 2. Object certain which is the subject matter
owner's pro rata (in proportion); of the contract;
3. Cause of the obligation which is
(3) The stairs from the entrance to the first established.
story shall be maintained at the expense of
all the owners pro rata, with the exception Art. 1347. All things which are not outside the
of the owner of the ground floor; the stairs commerce of men, including future things, may be the
from the first to the second story shall be object of a contract. All rights which are not
preserved at the expense of all, except the intransmissible may also be the object of contracts.
owner of the ground floor and the owner All services which are not contrary to law, morals,
of the first story; and so, on successively. good customs, public order or public policy may
TITLE II. INTELLECTUAL CREATION likewise be the object of a contract.
Article 721. By intellectual creation, the following Art. 1348. Impossible things or services cannot be the
persons acquire ownership: object of contracts.
(1) The author with regard to his literary, SECTION 3. CAUSE OF CONTRACTS
dramatic, historical, legal, philosophical, Art. 1350. In onerous contracts the cause is
scientific or other work; understood to be, for each contracting party, the
Art. 722. The author and the composer, mentioned in prestation or promise of a thing or service by the
Nos. 1 and 2 of the preceding article, shall have the other; in remuneratory ones, the service or benefit
ownership of their creations even before the which is remunerated; and in contracts of pure
publication of the same. Once their works are beneficence, the mere liberality of the benefactor.
published, their rights are governed by the Copyright CHAPTER 4. REFORMATION OF INSTRUMENTS
laws.
Article 1359. When, there having been a meeting of
BOOK IV. OBLIGATIONS AND CONTRACTS the minds of the parties to a contract, their true
intention is not expressed in the instrument purporting CHAPTER 8. UNENFORCEABLE CONTRACTS
to embody the agreement, by reason of mistake, fraud,
Art. 1403. The following contracts are unenforceable,
inequitable conduct or accident, one of the parties may
unless they are ratified:
ask for the reformation of the instrument to the end
that such true intention may be expressed. If mistake, 1. Those entered into in the name of another
fraud, inequitable conduct, or accident has person by one who has been given no
prevented a meeting of the minds of the parties, the authority or legal representation, or who
proper remedy is not reformation of the instrument but has acted beyond his powers;
annulment of the contract.
CHAPTER 9. VOID AND INEXISTENT CONTRACTS
CHAPTER 5. INTERPRETATION OF CONTRACTS
Art. 1409. The following contracts are inexistent and
Article 1370. If the terms of a contract are clear and void from the beginning:
leave no doubt upon the intention of the contracting
parties, the literal meaning of its stipulations shall 1. Those whose cause, object or purpose is
control. contrary to law, morals, good customs,
public order or public policy;
Article 1377. The interpretation of obscure words or 2. Those which are absolutely simulated or
stipulations in a contract shall not favor the party fictitious;
who caused the obscurity. 3. Those whose cause or object did not exist
at the time of the transaction;
CHAPTER 6. RESCISSIBLE CONTRACTS
4. Those whose object is outside the
Art. 1385. Rescission creates the obligation to commerce of men;
return the things which were the object of the 5. Those which contemplate an impossible
contract, together with their fruits, and the price with service;
its interest; consequently, it can be carried out only 6. Those where the intention of the parties
when he who demands rescission can return whatever relative to the principal object of the
he may be obliged to restore. contract cannot be ascertained;
7. Those expressly prohibited or declared
Neither shall rescission take place when the things
void by law.
which are the object of the contract are legally in the
possession of third persons who did not act in bad TITLE XIV
faith. In this case, indemnity for damages may be CHAPTER 1. COMPROMISES
demanded from the person causing the loss.
Art. 2028. A compromise is a contract whereby the
CHAPTER 7. VOIDABLE CONTRACTS parties, by making reciprocal concessions, avoid a
litigation or put an end to one already commenced.
Art. 1390. The following contracts are voidable or
annullable, even though there may have been no
damage to the contracting parties:
1. Those where one of the parties is
incapable of giving consent to a contract;
2. Those where the consent is vitiated by CHAPTER 3. OTHER KINDS OF DAMAGES
mistake, violence, intimidation, undue
influence, or fraud. SECTION 3. LIQUEDATED DAMAGES
SECTION 3. CONTRACT FOR A PIECE OF WORK Art. 2226. Liquidated damages are those agreed
upon by the parties to a contract, to be paid in case of
Art. 1723. The engineer or architect who drew up breach thereof.
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 damages 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
cause 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.