Fortuitous Event (Caso Fortuito)

A fortuitous event is any event which cannot

be foreseen, or which is either impossible to
foresee or impossible to avoid.
The essence of a fortuitous event consists of
being a happening independent of the will of the
debtor and which happening, makes the normal
fulfillment of the obligation impossible.
Fortuitous event distinguished from force majeure
◈ A fortuitous event may either be an act of man
or an act of god.
1. Acts of man – strictly speaking, fortuitous
event is an event independent of the will of
the obligor but not of other human will.
2. Acts of god – they refer to what is called
majeure or those event which are totally
independent will of every human being.
 Fortuitous Event (Caso Fortuito)
◈ Requisites:
1. The cause of the breach is independent of the
debtor’s will
2. The event is unforeseeable or unavoidable
3. The event is such as to render it impossible for the
debtor to fulfill his obligation in a normal manner
4. The debtor did not take part in causing the injury
to the creditor.
General Rule: No one is liable for Fortuitous Event
Exceptions:
1. Law or stipulation expressly so declare
2. Nature of the obligation requires the assumption of
risk
3. Obligation is other than obligation to give a specific
thing
4. Debtor is already in delay
Illustrative Case (Fortuitous Event)
Soma bound himself to give Megumi a specific kitchen knife
on December 31, 2021. While on his way to deliver the
knife, he was robbed by a group of armed man. There was
nothing he could do.
Exceptions:
1. Law or stipulation expressly so declare
◈ A possessor in bad faith shall be liable for deterioration or loss in
every case, even if caused by a fortuitous event. (Art. 552)

◈ The bailee in commodatum is liable for the loss of the thing even if
it should be through a fortuitous event for certain instances. (Art.
1942)
◈ The officious manager in negotiorum gestio shall be liable for any
fortuitous event in certain instances. (Art. 2147)
2. Nature of the obligation requires the assumption of
risk
e.g. Insurance contracts

3. Obligation is other than obligation to give as a

specific thing
e.g. Obligation to give a generic thing
4. Debtor is already in delay
◈ Rowan promised to give his dog named 'Ben’ to Alan to be
delivered on September 15, 2021
Supposed Rowan did not deliver the dog on
September 15 when Alan demanded it. In this
case, Rowan incurs delay.
When Rowan decides to deliver the dog on
September 16 but before he reach Alan’s house,
the dog was stuck by a lightning and immediately
killed it on the spot.
Damages
1. Actual or Needs proof of
Compensatory
Pecuniary loss
2. Moral
3. Nominate
4. Temperate or No need for proof of
Moderate Pecuniary Loss
5. Exemplary or
Corrective
6. Liquidated
Presumptions
A rule of law which permits a court to assume a
fact is true until such time as there is a
preponderance (greater weight) of evidence
which disproves or outweights (rebuts) the
presumption.
2 kinds of Presumptions
◈ Conclusive Presumptions – cannot be rebutted
by additional evidence or argument.
◈ Disputable presumptions – can be rebutted by
additional evidence or argument.
Disputable Presumptions
◈ 1. The receipt of the principal by the creditor,
without reservation with respect to the interest
has been paid
◈ 2. he receipt of a later installment of a debt
without reservation as to prior installment,
shall likewise raise the presumption that such
installments have been paid.
Transmissibility of Rights
General Rule: All rights acquired in virtue of an
obligation are transmissible
Exceptions:
◈ Exempted by law (Right to vote during election)
◈ Exempted by stipulation (Scholarships that are not
transferable)
◈ Not transmissible by nature (Right to attend your
own wedding ceremony)