Article 1174
The event must be of such a character as
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. (1105a)
This article is a continuation to ART. 1173.
ART. 1174 explains a fortuitous event that
may have arise during the event of doing
the obligation. It is an event which cannot
be foreseen such as sudden coming of a
storm which is considered an Acts of God or
known as majeure or any other unexpected
event such as robbery, insurrection which is
considered Acts of man.
The Philippine Civil Code distinguishes
between two kinds of fortuitous events
namely:
1. Ordinary fortuitous events or those which
are common and which the contracting
parties could reasonably foresee e.g. rain.
2. Extra-ordinary fortuitous events which are
uncommon and which the contracting
parties could not have reasonably foreseen
e.g. earthquake, fire, unusual flood.
To be declared that such circumstances are
fortuitous events the following must be
considered:
1. The event must be independent of the
human will or the debtor
2. The event could not be foreseen, or if
foreseen, is inevitable
3.
to render it impossible for the debtor to
comply with his obligation in a normal
manner
4. The debtor must be free from any
participation in, or the aggravation of, the
injury to the creditor, that is, there is no
concurrent negligence on his part.
In case of fortuitous event there are still
rules to be observed: When expressly
specified by law. : a) the debtor is guilty of
fraud, negligence, or delay, or contravention
of the tenor of the obligation. (Arts. 1170.
1165, par.3)
Example : S is obliged to deliver a specific
horse to B on August 10. S did not deliver
the horse on said date. If, on August 11, the
horse died because it was hit by lightning, S
is not liable if no demand was made by B.
His obligation was extinguished. If the horse
died after a demand was made by B, S is
liable for damages because he is guilty of
(legal) delay. In this case the obligation of S
to deliver the horse is also extinguished but
it is converted into monetary obligation to
pay damages. (Art.1165).b) the debtor has
promised to deliver the same (specific)thing
to two or more persons who do not have the
same interest. Example: If S sold and
promised to deliver.
Article 1174 – Obligations and Contracts