Engineers group flags possible legal liability in Peñaranda Park collapse

An engineers group says the Peñaranda Park stage collapse, which injured six students, reflects a construction defect and possible safety lapses.

ALBAY – A pro-people engineers’ group has raised alarm over possible violations of the Occupational Safety and Health Law (RA 11058) following the collapse of a tarpaulin stage at Peñaranda Park, which had been opened to the public despite not being formally turned over or cleared for occupancy.

The retractable stage gave way under heavy rains last August, a month when the province recorded above-average rainfall. Six students were injured during a rehearsal, triggering concerns about oversight, contractor competency, and structural safety.

Jose Antonio Montalban, spokesperson for Pro-People Engineers and Leaders (PROPEL), told BicoldotPH that opening Peñaranda Park without formal turnover or occupancy clearance may violate RA 11058, which requires safe conditions in all work and public-use areas.

If the area is not yet suitable for public use, safety precautions should have been strictly enforced, including restricting access.

The firm in charge of the park renovation, FS Co Builders Supply, together with Hi-Tone Construction and Development Corporation, has since pointed to the 2nd District Engineering Office under the Department of Public Works and Highways, as the agency in charge of the project’s technical aspect.

Still, under Article 1723 of the Civil Code and PD 1096 (National Building Code of the Philippines), contractors remain responsible for safe implementation and are expected to flag design flaws, ensure material integrity, and comply with OSH regulations.

According to Montalban, the incident warrants scrutiny over material quality, engineering controls, and contractor training.

PROPEL, which advocates for engineering services that serve the public interest, pointed out that foldable canopy models often lack built-in drainage systems: a design flaw that allows rainwater to pool, leading to sagging and collapse.

Montalban added that the portability of such structures, which makes them easy to dismantle and reinstall, often leads to frequent use. If that was the case, he said, they should have been subjected to adequate checks on material quality.

He emphasized that contractor training is critical, especially for non-permanent structures that require advanced engineering methods. 

“There is also the growing impact of climate change, which should be influencing how we design and build structures,” Montalban said. “But many of our current engineering methods and data are outdated, especially when it comes to rainfall and flood risks.”

He clarified that, as with many hard infrastructure projects, climate change did not cause the collapse. Instead, he said, it exposed the vulnerabilities of a structure that may have suffered from poor design and inadequate inspection.

According to Montalban, allowing public access to a site still subject to final inspection may reflect administrative neglect. He added that this does not absolve the contractor, who remains legally bound to uphold safety standards under the OSH Law and other construction regulations. | Text and photo by Mavic Conde