Is the occurrence of a typhoon a fortuitous event?


General Rule:

Yes, if all the elements of a natural disaster or calamity concur. This holds true especially if the vessel was seaworthy at the time it undertook that fateful voyage and that it was confirmed with the Coast Guard that the weather condition would permit safe travel of the vessel to its destination. (Philippine American General Insurance Co., Inc. v. MGG Marine Services, Inc., G.R. No. 135645, Mar. 8, 2002)



If a vessel sank due to a typhoon, and there was failure to ascertain the direction of the storm and the weather condition of the path they would be traversing, it constitutes lack of foresight and minimum vigilance over its cargoes taking into account the surrounding circumstances of the case. Thus, the common carrier will still be liable. (Arada v. CA, G.R. No. 98243, July 1, 1992)