V. Extinguishment of Liability in case of Breach due
Event could not be foreseen (unforeseeable or
to Fortuitous Event
Art. 1174. Except in cases expressly specified by the law, or
when it is otherwise declared by stipulation, or when the
nature of the obligation requires the assumption of risk, no
person shall be responsible for those events which could
not be foreseen, or which, though foreseen, were
inevitable.
Meaning:
Fortuitous event is any extraordinary even which cannot
be foreseen, or which, though foreseen, is inevitable.
Essence is a happening independent of the will of the
obligor and which happening, makes the normal fulfillment
of the obligation impossible.’
Kinds of Fortuitous Event
1. Act of Man
Fortuitous event independent of the will of the
obligor but not of other human wills.
A superior or irresistible force, which is essentially an
act of man. Includes unavoidable accidents, even if
there has been an intervention of human element,
provided that no fault or negligence can be imputed
in the debtor.
Ex: war, fire, murder, insurrection, armed invasion,
attack by bandits, etc; for as long as they have a force
which the debtor could not have resisted.
2. Act of God
Those events which are totally independent of the
will of every human being.
An accident, due directly or exclusively to natural
causes without human intervention, which by no
amount of foresight, pains, or care could reasonably
have been avoided.
Ex: earthquake, flood, rain, shipwreck, lightning,
eruption of volcano, epidemics, etc.
Requisites of Fortuitous Events
Absence of any would prevent the obligor from being
exempt from liability.
1. Event must be independent of the human will or at
least of the obligor’s will.
2.
ordinary), or if it could be foreseen, must have been
impossible to avoid (unavoidable or extraordinary).
3. Event renders it impossible for the obligor to comply
with his obligation in a normal manner; impossibility
must be absolute not partial
4. Obligor must be free from any participation in, or the
aggravation of the injury to the oblige.
Difficulty to Foresee
Mere difficulty to foresee the happening of an event is
different from impossibility to foresee or anticipate the
same.
Effect of concurrent Fault of the Debtor
The fortuitous event must not only be the proximate
cause, but must also be the only and sole cause.
Contributory negligence of the debtor renders him liable
despite the fortuitous event.
In order to be exempt from liability arising from a
fortuitous event, there should be have been no human
participation amounting to a negligent act.
When the negligence of a person concurs with a fortuitous
event in producing a loss, he is not exempted from liability
by showing that the immediate cause of the damage was a
fortuitous event.
When the effect is found to be in part the result of the
participation of man, the whole occurrence is then
humanized and removed from the rules applicable to the
acts of God.
There must be no:
 fraud
 negligence
 delay
 violation, contravention of tenor
Liability for Loss Due to a Fortuitous Event
GR: A person is not responsible for loss or damage
resulting from the non-performance of his obligation due
to a fortuitous event.
Exceptions:
When expressly specified by law
 The debtor is guilty of fraud, negligence, or
delay, or contravention of the tenor of
obligation. (Art. 1170, 1165)
  The debtor has promised to deliver the same
(specific) thing to two or more persons for it
would be impossible for the debtor to comply
with his obligation to two or more person who
should receive it. (Art. 1165)
 The debt of the thing certain and determinate
proceeds from a criminal offense. (Art. 1268)
 The thing to be delivered is generic for the
debtor can still comply with his obligation by
delivering another thing of the same kind in
accordance with the principle that “genus never
perishes.” (Art. 1268)
 Possessor in bad faith liable for deterioration or
loss. (Art. 552)
 A common carrier that negligently incurs delay in
transporting goods. (Art. 1740)

When declared by stipulation

 The basis for this exception rests upon the

freedom of contract.
 However, intention to make a debtor liable even
in a fortuitous event should be clearly expressed.

When the nature or obligation requires assumption of

risk

 Risk of loss or damage is an essential element in

the obligation.
 Applies to all kinds of public services but limited
to risks and events that typical of the business
concerned.
 Ex: insurance companies, ziplines, cable cars,
amusement parks, etc.