Article 1174 of the Civil Code: Fortuitous events
Status: In force
What does Article 1174 say?
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.
What does it mean in plain language?
Article 1174 of the Civil Code says that, as a rule, no one is responsible for events that could not be foreseen, or that were foreseen but could not be avoided. These are called fortuitous events, or force majeure. There are three exceptions: when a law says otherwise, when the contract says otherwise, and when the nature of the obligation means the person took on the risk.
How does it work in real life?
A typhoon floods Rina's warehouse
Rina sells rice and must deliver a specific lot of sacks next week. Her warehouse is built and kept with ordinary care, but a strong typhoon floods it and destroys the sacks before the delivery date. Unless the contract says she bears the risk, she may invoke Article 1174 and Article 1262, and she must prove the event and her lack of fault.
Rina was already late
Same typhoon, but Rina was supposed to deliver the sacks a month earlier and had not. Article 1262 extinguishes the obligation only if the loss happened "before he has incurred in delay". Rina cannot use the typhoon to escape.
The contract shifts the risk
Rina's contract says she is liable "even for fortuitous events". Under Article 1174 and Article 1262, the typhoon does not free her, and she is liable for damages.
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- Whether a specific typhoon, flood or other event counts as a fortuitous event is decided by a court on the facts. This page does not say that any named event qualifies.
- A contract clause on "force majeure" or on who bears the risk can change the default rule, because Article 1174 allows liability "when it is otherwise declared by stipulation".
- Damages for harm caused by fault or negligence outside a contract are covered by Article 2176 on quasi-delicts.
- For free or low-cost legal help, see where to find legal help.
- For a question-and-answer guide, see force majeure: when you are not liable for delay or loss. The term itself is explained in fortuitous event.
What does Article 1174 say?
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.
In plain words:
- The rule: a person is not liable for an event that could not be foreseen, or that could be foreseen but was inevitable.
- Exception 1: a law expressly makes the person liable anyway.
- Exception 2: the contract says the person is liable anyway.
- Exception 3: the nature of the obligation means the person assumed the risk.
What must be shown to invoke a fortuitous event?
In Sicam v. Jorge (2007), the Supreme Court listed four elements that must all be present:
- The cause of the event, or of the failure to comply, is independent of human will.
- It was impossible to foresee the event or, if it could be foreseen, impossible to avoid it.
- The event made it impossible for the debtor to fulfill the obligation in a normal manner.
- The obligor did not take part in making the injury or loss worse.
The Court added that the burden of proving a fortuitous event rests on the person who invokes it, and that the person must have committed no negligence or misconduct that may have caused the loss.
Is a robbery or theft a fortuitous event?
Not by itself. In Sicam, pawned jewelry was taken in a robbery of the pawnshop. The Court said that "Robbery per se, just like carnapping, is not a fortuitous event." The pawnshop was held liable for the loss; the facts showed its vault was open at the time of the robbery.
What happens to an obligation to deliver a specific thing?
Article 1262 applies the rule to the loss of a specific thing:
An obligation which consists in the delivery of a determinate thing shall be extinguished if it should be lost or destroyed without the fault of the debtor, and before he has incurred in delay.
So the obligation ends only if the loss happened without the debtor's fault and before the debtor was already late. The second paragraph adds that when the law or the contract makes the obligor liable even for fortuitous events, the loss does not end the obligation and the obligor pays damages. The same applies when the nature of the obligation requires the assumption of risk.
Which Supreme Court rulings are relevant?
Frequently asked questions
What is a fortuitous event?
Under Article 1174, it is an event that could not be foreseen, or that could be foreseen but was inevitable. It is also called force majeure or caso fortuito.
When can a fortuitous event not be used as an excuse?
Article 1174 names three exceptions: when the law expressly says so, when the contract says otherwise, and when the nature of the obligation requires the assumption of risk.
Who must prove the fortuitous event?
The person who invokes it. In Sicam v. Jorge (2007), the Supreme Court said the burden of proving that the loss was due to a fortuitous event rests on him who invokes it.
Is a robbery a fortuitous event?
Not by itself. In Sicam v. Jorge (2007), the Court said robbery per se, just like carnapping, is not a fortuitous event, and held a pawnshop liable for pawned jewelry taken in a robbery.
Does a fortuitous event excuse a debtor who is already late?
Not under Article 1262. It says an obligation to deliver a determinate thing is extinguished if the thing is lost without the debtor's fault and before he has incurred in delay.
Can a contract make one party liable even for fortuitous events?
Yes. Article 1174 allows it when it is declared by stipulation, and Article 1262 says that then the loss of the thing does not extinguish the obligation and the obligor is liable for damages.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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