What are the requisites of a fortuitous event?

1. Cause is independent of the will of the debtor;

2. The event is unforeseeable or unavoidable;

3. Occurrence renders it absolutely impossible for the debtor to fulfill his obligation in a normal manner; impossibility must be absolute not partial, otherwise not force majeure; and

4. Debtor is free from any participation in the aggravation of the injury to the creditor.

Note: The fortuitous event must not only be the proximate cause but it must also be the only and sole cause. Contributory negligence of the debtor renders him liable despite the fortuitous event. (Pineda, Obligations and Contracts, 2000 ed, p. 62)

Is there liability for loss due to fortuitous event?

General Rule:

There is no liability for loss in case of fortuitous event.

Exceptions:

1. Law

2. Nature of the obligation requires the assumption of risk

3. Stipulation

4. The debtor is guilty of dolo, malice or bad faith, has Promised the same thing to two or more persons who does not have the same interest

5. The debtor Contributed to the loss (Tan v. Inchausti & Co., G.R. No. L-6472, Mar. 7, 1912)

6. The possessor is in Bad faith (Art. 552)

7. The obligor is Guilty of fraud, negligence or delay or if he contravened the tenor of the obligation (Juan Nakpil v. United Construction Co., Inc. v. CA, G.R. No. L-47851, Apr. 15, 1988)