I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
A fortuitous event is an unforeseen event or, if foreseen, inevitable. It is also called an act of God (if due to a natural occurrence, like an earthquake) and force majeure if caused by man, such as war. There are ordinary fortuitous events, which are events that normally happen, reasonable foreseeable and inevitable (like flooding during a typhoon) and extraordinary fortuitous events, which can't be foreseen/reasonably foreseen and don't usually happen (like war.) The requisites of a fortuitous event are the following:
1.) The cause is independent of the debtor/obligor's will (read: he didn't cause it)
2.) It was an unforeseen or unavoidable event
3.) The happening of the event made it impossible for the debtor/obligor to fulfill his obligation in a normal manner
4.) The debtor didn't take advantage of the event to aggravate the injury to the creditor/obligee
The general rule is that there is no liability in case of a fortuitous event. The exceptions are the following:
1.) When the law itself expressly declares so (ex. Arts. 552(2,) 1165(3,) 1268, 1942, 2147 and 2159 of the Civil Code)
2.) When expressly stated in the contract
3.) When the obligation's nature requires the assumption of risk (Art. 1174)
4.) When the obligor/debtor is in default or has promised to deliver the same thing to 2 or more persons who don't have the same interest
A fortuitous effect will not affect a generic obligation, because a generic object can always be replaced by another. It will, however, affect a determinate/specific obligation because the object of the obligation is specified -but the exceptions must still be observed.
Some other exceptions are listed here:
1.) When it's expressly stipulated that the obligor/debtor is liable even if non-performance is due to a fortuitous event (Art. 1174, Civil Code)
2.) The obligor/debtor is in delay (Art. 1165)
3.) The possessor is in bad faith and the thing is lost or deteriorates because of the fortuitous event (Art. 552)
4.) The obligor/debtor contributed to the loss of the thing (Tan vs Inchausti, 22 Phil 152)
5.) The obligor/debtor is guilty of fraud, negligence or delay or if he violated the tenor of the obligation (144 SCRA 596, 160 SCRA 334)
Common carriers must pay heed to the following:
1.) Mechanical defects in vehicles or vessels are not fortuitous events (Sweet Lines vs. CA 121 SCRA 769, Necesito vs. Paras 104 Phil 75)
2.) Blowout of a passenger bus tire is not a fortuitous event (La Mallorca vs. de Jesus 123 Phil 875, Juntilla vs. Fontanar 136 SCRA 624)
3.) Defective brakes of the vehicle do not constitute a fortuitous event (Vergara vs. CA 154 SCRA 564)
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