[av_one_full first min_height=” vertical_alignment=” space=” custom_margin=” margin=’0px’ padding=’0px’ border=” border_color=” radius=’0px’ background_color=” src=” background_position=’top left’ background_repeat=’no-repeat’ animation=”]
[av_heading heading=’‘Penalize negligent contractors’’ tag=’h3′ style=’blockquote modern-quote’ size=” subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=”]
BY GLENDA SOLOGASTOA
[/av_heading]
[av_textblock size=” font_color=” color=”]
Thursday, June 29, 2017
[/av_textblock]
[av_textblock size=” font_color=” color=”]
ILOILO City – Contractors of construction projects nonchalant of public safety must be held accountable, according to Councilor Jeffrey Ganzon.
During Tuesday’s session of the Sangguniang Panlungsod (SP), he proposed an ordinance “making contractors of construction sites liable for damages to pedestrians, motorists, passengers, and bikers who are killed or maimed due to negligence or failure to observe road-work safety rules.”
Ganzon observed that some contractors of road projects do not install adequate warning signs or illumination at night.
“Also, stockpiled construction materials and debris along roads are public hazards. They inconvenience motorists and pedestrians, too,” he said.
Contractors should also be held liable for open excavations without safety covers, added Ganzon.
While there is a law – Civil Code, sections 2176 and 2189 – to this effect, said Ganzon his proposed local ordinance would make such more effective.
Article 2176 reads: “Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter.”
On the other hand, Article 2189 provides: “Provinces, cities and municipalities shall be liable for damages for the death of, or injuries suffered by, any person by reason of the defective condition of roads, streets, bridges, public buildings, and other public works under their control or supervision.”
Ganzon’s proposed ordinance was deferred for the next SP session.
Councilors Lady Julienne Grace Baronda and Lee Zulueta-Salazar wanted Ganzon’s proposal fleshed out.
“Daw kulang…may kailangan pa kami nga dapat ibutang to the content,” said Baronda. “Wala na-set ang tone, wala coverage ang ordinance…Pwede ‘ya mabutangan penalty clause. What is the basis of the court kay wala ka man sang prohibited acts. What are those prohibited acts nga indi mo gale pwede obrahon kay mapinahan ka. What is the implementing agency nga manakop?”
She added: “If he was saying nga this was already in the national law (Civil Code), what then is the purpose of this proposed ordinance?”/PN
[/av_textblock]
[/av_one_full]
