MEMORANDUM

TO

ATTY.

FROM

DENNIE VIEVE IDEA

RE

Civil Case No. 11111, Ignacio v. Clemente

DATE

06 November 2016

OFFICE FILE NUMBER

Issues:
Whether Ms. Ignacio can be compelled to deliver the vehicle made unserviceable by a
typhoon and/or Ms. Ignacio should pay for damages to Ms. Clemente?
Brief Answer:
No. A person is not responsible for loss or damage of a specific thing resulting from fortuitous
event.
Statement of facts:
Ms. Jonah Ignacio offerred to sell her 2013 Toyota Vios with plate number ZZZ 909 to Ms.
Gigi Clemente for the amount of PhP350,000.00. Ms. Clemente agreed to buy the said car,
even if she wanted it for a lower price. Ms. Ignacio undertook to deliver the said vehicle within
a reasonable time.
But a week later to their agreement, super typhoon Basha occurred and devastated Nueva
Vizcaya,including the place where Ms. Ignacio kept her Vios. The destructive typhoon brought
with it great flood which rendered the Vios unserviceable.
After the typhoon, Ms. Clemente demanded Ms. Ignacio for the delivery of the vehicle. He
made such demand not knowing that the vehicle was already in Albay, which was not affected
by the typhoon.
Discussion:
I. Can Ms. Ignacio be compelled to deliver the vehicle made unserviceable by a typhoon?
A person is not liable for loss or damage of a specific thing resulting from fortuitous event, a
general rule set forth under Article 1174 of the New Civil Code, which specifically provides
that:
Article 1174. Except in cases expressly specified by 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 held responsible for those events which could not be foreseen, or which

though foreseen, were inevitable.

The pertinent question in this case is, first, is the thing to be delivered a classified as a thing
exempted for delivery when lost or damage thru fortuitous event? And second, was the event
can be considered a fortuitous one?
As defined by law, a fortuitous event is any event which cannot be foreseen, or which, though
foreseen, is inevitable. Further, it is defined as ...may be produced by two general causes: (1)
by nature, such as earthquakes, storms, floods, epidemics, fires, etc. and (2) by the act of
man, such as an armed invasion, attack by bandits, governmental inhibitions, robbery etc.
Super typhoon Basha was undeniably an event, which, though foreseen, is inevitable in which
Ms. Ignacio has no control of and has no intent to happen.
However, with regards to the thing to be delivered which is the toyota vios 2013, it of course a
specific thing.
Article 1165, par. 1 When what is to be delivered is a determinate thing, the creditor, in
addition to the right granted him by Article 1170, may compel the debtor to make the delivery