Kapuso sa Batas- Naglalakad sa kalsada, nabagsakan ng bahagi ng gusali | Unang Hirit

  • last year
Sa kuha ng CCTV, isang babaeng naglalakad ang nabagsakan ng tipak ng kongkreto mula sa isang gusali. Sa mga ganitong insidente, sino ang may pananagutan? ‘Yan ang ating inalam kasama ang ating Kapuso sa Batas, Atty. Gaby Concepcion. Panoorin ang video.

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Transcript
00:00 New fear unlocked, because unfortunately, there's no fixed time and place.
00:05 It's obvious on camera that the woman was walking on the sidewalk.
00:12 The woman was injured and the concrete fell from the house.
00:18 That's what we'll talk about this morning with our heart of law attorney, Gabby Concepcion.
00:24 Good morning, attorney.
00:25 Good morning.
00:26 It really looks like you're walking on the sidewalk.
00:29 You're going to fall.
00:30 Yes, you'd think.
00:32 We're all walking on the sidewalk.
00:34 We're all nervous.
00:36 This is one of the fears that anyone can encounter.
00:42 Even if you're on the right path, there's still danger.
00:46 In this incident, who has the answer, attorney?
00:49 Because you said you're walking on the sidewalk, not on the sidewalk.
00:51 She was walking on the sidewalk.
00:53 It's like nowhere is safe.
00:55 That's how we feel.
00:57 But of course, we can't conclude that it was an accident.
01:02 Not because they didn't mean it.
01:04 Usually, we don't mean it.
01:07 It doesn't mean there's no liability.
01:09 Again, we need to examine the attendant facts and circumstances
01:14 before we can judge if it was a real accident.
01:18 Which means, if it was a real accident, there's no liability.
01:22 Anyone, or anyone who didn't mean it, should be prepared.
01:27 Or at least, necessary steps were taken to prevent it from happening.
01:30 We can't say that the incident was not expected.
01:33 It's like a law of gravity.
01:35 If you're on the top, the possibility of falling is really there.
01:40 It's not something that should be put in the law.
01:43 It's a law of nature.
01:44 So, we need to make sure that you won't fall.
01:47 Or if you fall, there's a law so that no one will be hurt.
01:51 Which is why, under PD 1096, or the National Building Code,
01:56 there are requirements for pedestrian protection.
02:01 The requirement here is that you need to create platforms
02:05 in the buildings you're building
02:07 so that you can prevent not only the fall of the sidewalk,
02:11 but all materials that can fall from below.
02:15 So, for those who don't do what's right,
02:18 or those who neglect contractors, engineers, or architects,
02:23 sometimes, the owner says to the contractor,
02:26 "We just need that, but if it's saving, because it's saving, no."
02:30 There can be a liability for damages that will happen
02:35 in case someone gets hurt, whether innocent bystander,
02:39 or if it's actually the workers themselves,
02:43 they should be protected as well.
02:46 Atorney, not just for the house, but for the post, signage, or roof,
02:50 can be given.
02:51 Is there a law saying that this will happen,
02:54 especially in places like this?
02:56 There are people who suddenly fell, or the iron fell.
02:59 How can that happen?
03:00 Yes, because the National Building Code,
03:02 there are requirements about strength and whatever,
03:05 of the buildings, signage that are attached.
03:08 So, there are really requirements in the National Building Code.
03:11 So, if the construction is facing a street,
03:14 there should be railing or fence, because like you said,
03:18 what needs to be protected is not only the one from above,
03:21 but also the cars that are on the road.
03:25 So, there should also be canopies or platforms
03:28 so that the ones below won't fall.
03:31 Of course, not only the requirements of the National Building Code
03:34 that we will look at, under Article 482 of the Civil Code,
03:38 for example, if there's a wall or any construction,
03:41 that can fall, the owner has an obligation to demolish it
03:45 or do what's necessary so that it won't fall.
03:47 If it's not done, the authorities can do it themselves,
03:51 to fix it, but at the expense of the owner.
03:54 We also have trees under Article 483.
03:58 If there's a tree that looks like it's going to fall,
04:03 the owner should do something about it,
04:06 otherwise, he will be responsible.
04:08 Under Article 2193 of the Civil Code,
04:10 if you live in a building,
04:13 and someone fell, your child is playing,
04:16 and someone got hit, the head of the family will be responsible
04:20 if someone fell from the building.
04:22 So, actually, at the end of the day,
04:24 the general rule that we should look at and follow
04:27 is the law on neglect.
04:30 It's unacceptable that we don't intend for this to happen.
04:33 I'm sure they don't want their partner to get sick,
04:36 but it's a shame if an innocent person passes by
04:40 and becomes a victim.
04:41 So, aside from the provisions of our law
04:44 that say the owner, head of the family, the contractor, the owner,
04:49 the only one who has liability is the one who has control over the premises.
04:54 It's necessary from construction to the end,
04:57 you always think that the law should be followed
05:02 regarding the requirements as to strength
05:04 and what you will foresee that might happen
05:08 and we will prevent it so that no one will get hurt.
05:11 That's right.
05:12 We should also be around each other.
05:15 We should be cautious, especially when there are such obstructions.
05:18 Because you don't want it to happen to you, right?
05:20 You don't want it to happen to you.
05:21 You don't want it to happen to others.
05:22 That's why when I see someone with a net, I avoid it if I can.
05:25 That means someone might really fall.
05:27 It might be hard.
05:28 Thank you very much, Dr. Igabi Gonzalez.
05:30 Thank you very much.
05:31 Happy Hamptay.
05:32 That's right. Happy Hamptay, everyone.
05:34 Thank you.
05:35 [BLANK_AUDIO]

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