Article 1174

RA 386 · Civil Code of the PhilippinesKey provision

ELI5— what this means for you

Fortuitous events (force majeure): no one is liable for loss caused by an event that could not be foreseen or, if foreseen, could not be avoided. Examples: typhoons, earthquakes, floods — unless the debtor was already in default.

Key point

You are not liable for loss due to fortuitous events — UNLESS you were already in default when it happened.

Official text — RA 386

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)

Source: lawphil.net (RA 386 as amended)

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