Question:
What is/are the rule/rules (and the exceptions, if there be any) in case an object is lost or damaged
due to fortuitous event, particularly as to the liability of the debtor in an obligation. Give specific
examples for your answers.
Answers:
The General rule is: If a thing is lost or destroyed due to a fortuitous event, the obligation is
extinguished, and the debtor is not liable for loss or damages.
• Example: John promised to deliver his three motorcycles to Kim, Hannah, and Ashley. An
earthquake happened, which destroyed Johns’ three motorcycles. In this case, the
obligation is extinguished because of the fortuitous event.
Exceptions:
1. When expressly provided by law.
• Article 1170 “Those who in the performance of their obligations are guilty of fraud,
negligence, or delay, and those who in any manner contravene the tenor thereof, are liable
for damages.” (Trans-Lex.Org, n.d.)
o Example: John is selling a fake ring to Kim, telling her that it is made of genuine
diamonds, but it is just made of glass. Kim bought the ring, and John is obliged to
deliver it to Kim. A fortuitous event happened in which John’s house was burned
along with the ring. In this case, John is still liable because he is guilty of fraud.
• Article 1165, paragraph 3 “If the obligor delays, or has promised to deliver the same thing
to two or more persons who do not have the same interest, he shall be responsible for
fortuitous event until he has effected the delivery.” (Trans-Lex.Org, n.d.)
o Example: John obliged himself to deliver to Kim his motorcycle. Then he also made
the same promise to Hannah. In this case, it would be impossible for John to comply
with his obligation to deliver to both Kim and Hannah the same motorcycle even
without a fortuitous event; hence John is liable. Even if a fortuitous event happens,
such as an earthquake that destroyed his motorcycle, John is still liable.
• Article 1268 “When the debt of a thing certain and determinate proceeds from a criminal
offense, the debtor shall not be exempted from the payment of its price, whatever may be
the cause for the loss, unless the thing having been offered by him to the person who should
receive it, the latter refused without justification to accept it.” (Trans-Lex.Org, n.d.)
o Example: John stole Kim’s bag and is ordered to give it back to her. A fortuitous
event happened in which John’s house was burned along with the bag. In this case,
John is still liable because he committed a criminal offense.
• Article 1263 “In an obligation to deliver a generic thing, the loss or destruction of anything
of the same kind does not extinguish the obligation.”
o Example: John obliged himself to deliver 50 sacks of vegetables to Kim, but
because of the typhoon, he could not do so. In this case, John is still liable because
he can still provide the 50 sacks of vegetables from other sources.
2. When declared by stipulation of the parties.
What is/are the rule/rules (and the exceptions, if there be any) in case an object is lost or damaged
due to fortuitous event, particularly as to the liability of the debtor in an obligation. Give specific
examples for your answers.
Answers:
The General rule is: If a thing is lost or destroyed due to a fortuitous event, the obligation is
extinguished, and the debtor is not liable for loss or damages.
• Example: John promised to deliver his three motorcycles to Kim, Hannah, and Ashley. An
earthquake happened, which destroyed Johns’ three motorcycles. In this case, the
obligation is extinguished because of the fortuitous event.
Exceptions:
1. When expressly provided by law.
• Article 1170 “Those who in the performance of their obligations are guilty of fraud,
negligence, or delay, and those who in any manner contravene the tenor thereof, are liable
for damages.” (Trans-Lex.Org, n.d.)
o Example: John is selling a fake ring to Kim, telling her that it is made of genuine
diamonds, but it is just made of glass. Kim bought the ring, and John is obliged to
deliver it to Kim. A fortuitous event happened in which John’s house was burned
along with the ring. In this case, John is still liable because he is guilty of fraud.
• Article 1165, paragraph 3 “If the obligor delays, or has promised to deliver the same thing
to two or more persons who do not have the same interest, he shall be responsible for
fortuitous event until he has effected the delivery.” (Trans-Lex.Org, n.d.)
o Example: John obliged himself to deliver to Kim his motorcycle. Then he also made
the same promise to Hannah. In this case, it would be impossible for John to comply
with his obligation to deliver to both Kim and Hannah the same motorcycle even
without a fortuitous event; hence John is liable. Even if a fortuitous event happens,
such as an earthquake that destroyed his motorcycle, John is still liable.
• Article 1268 “When the debt of a thing certain and determinate proceeds from a criminal
offense, the debtor shall not be exempted from the payment of its price, whatever may be
the cause for the loss, unless the thing having been offered by him to the person who should
receive it, the latter refused without justification to accept it.” (Trans-Lex.Org, n.d.)
o Example: John stole Kim’s bag and is ordered to give it back to her. A fortuitous
event happened in which John’s house was burned along with the bag. In this case,
John is still liable because he committed a criminal offense.
• Article 1263 “In an obligation to deliver a generic thing, the loss or destruction of anything
of the same kind does not extinguish the obligation.”
o Example: John obliged himself to deliver 50 sacks of vegetables to Kim, but
because of the typhoon, he could not do so. In this case, John is still liable because
he can still provide the 50 sacks of vegetables from other sources.
2. When declared by stipulation of the parties.
