College Assurance Plan Phil. Inc., vs. Belfranlt Development Inc.

G. R. No. 155604
November 22, 2007

Facts:
College Assurance Plan Phil Inc. (CAP) leased the second and third floors of
its building to Belfranlt Development Inc. Fire destroyed the parts of the building,
including the third floor units being occupied by Belfranlt. The cause of the fire was
identified to be an overheated coffee percolator located in the leased premises of
Belfranlt.
CAP demanded Belfranlt to pay for actual damages caused by the fire.
However, the latter disclaimed liability, alleging that the fire was a fortuitous event
for which they could not be held liable.

Issue:
Whether or not the fire, which destroyed CAPs building, is a fortuitous event.

Held:
Fortuitous events are those events which could not be foreseen or which
though foreseen, were inevitable. In this case, it was the fault and negligence of
Belfranlt in using the coffee percolator that caused the fire. If the negligence or fault
of the obligor coincided with the occurrence of the fortuitous event, and caused the
loss or damage or the aggravation thereof, the fortuitous event cannot shield the
obligor from liability for his negligence