VALDEZ LAW OFFICES

#789 ZOBEL ROXAS ST. MAKATI CITY

TELEPHONE NO. 34322
VALDEZLAWOFFICES@YAHOO.COM

March 17, 2018

Ms. Leslie Sclover

#143 Pag-Asa Street
Mapagmahal, Manila

Dear Ms. Sclover,

Thank you for your letter sent in which you requested legal advice regarding your obligation to
deliver a determinate thing. First, let me reiterate the facts you provided.
You and Funda have an agreement in which you offered to sell your 2013 Toyota Innova
amounting three hundred fifty thousand pesos (350,000) to him, in which he duly agreed on it.
You promised to deliver it on a reasonable time. However, before perfecting such obligation, a
fortuitous event happened. A super typhoon named basha ravaged on Nueva Vizcaya wherein
you kept your Toyota Innova. This resulted the said car to be unserviceable. After the incident,
Funda demanded for the delivery of Toyota Innova, him being unaware of what happened to
Nueva Vizcaya because he was in Albay that time. You seek to answer the question “if Funda
Dorlit can compel you to deliver the vehicle and your failure to deliver will result to damage”
My answers to your question and the reason for my answer are set below.
Can Funda Dorlit compel you to deliver the vehicle and your failure to deliver will result to
damage”
A. No, in cases of fortuitous event, such what happened in your case, he cannot compel you to
deliver the agreed property as it is provided in the Philippine law.

Reason: As provided in Article 1174 of the New Civil Code,

Art. 1174. 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.
A fortuitous event is an unforeseen event or, if foreseen, inevitable. It is also called an act
of God (if due to a natural occurrence, like an earthquake) and force majeure if caused by
man, such as war. There are ordinary fortuitous events, which are events that
normally happen, reasonable foreseeable and inevitable (like flooding during a
typhoon) and extraordinary fortuitous events, which can't be foreseen/reasonably
foreseen and don't usually happen (like war.)
 VALDEZ LAW OFFICES
#789 ZOBEL ROXAS ST. MAKATI CITY
TELEPHONE NO. 34322
VALDEZLAWOFFICES@YAHOO.COM

The requisites of a fortuitous event are the following:

1.) The cause is independent of the debtor/obligor's will
2.) It was an unforeseen or unavoidable event
3.) The happening of the event made it impossible for the
debtor/obligor to fulfill his obligation in a normal manner
4.) The debtor didn't take advantage of the event to aggravate the
injury to the creditor/oblige
The general rule is that there is no liability in case of a fortuitous event. The
exceptions are the following:
1.) When the law itself expressly declares so (Arts. 552(2,)
1165(3,) 1268, 1942, 2147 and 2159 of the Civil Code)
2.) When expressly stated in the contract
3.) When the obligation's nature requires the assumption of risk
(Art. 1174)
4.) When the obligor/debtor is in default or has promised to deliver
the same thing to 2 or more persons who don't have the same
interest
A fortuitous effect will not affect a generic obligation, because a generic object can
always be replaced by another. It will, however, affect a determinate/specific
obligation because the object of the obligation is specified -but the exceptions must
still be observed.
Basing on the facts given and relating it with the provision of the law provided, we are
safe to say that Funda Dorlit cannot compel you to deliver the vehicle firstly because, the
super typhoon Basha is an ordinary fortuitous event, and that all the requisites of
fortuitous event is present in your case. Therefore, you are extinguished from any liability
or responsibility.

Very truly yours,

Atty. Maria Yanily Ann R. Valdez
Legal Counsel
March 17, 2018
 VALDEZ LAW OFFICES
#789 ZOBEL ROXAS ST. MAKATI CITY
TELEPHONE NO. 34322
VALDEZLAWOFFICES@YAHOO.COM

Ms. Mr. Funda Dorlit

#990 Dikitamahal Street
Bahalana, Manila

Dear Mr. Dorlit,

Thank you for your letter sent in which you requested legal advice regarding a certain contract
with Ms. Leslie Sclover. The facts you given are as follows:
You entered into an agreement with Ms. Clover in which she offered you her 2013 Toyota
Innova amounting three hundred fifty thousand pesos (350,000). You both agreed on the said
amount provided that it will be delivered on time. In news, a super typhoon named basha will be
about to ravage on Nueva Vizcaya including the place where Leslie kept her Toyota Innova.
However, did not mind the news. You demanded to deliver tha said property in Alaby. Your
Question is that Can you compel Leslie to deliver the vehicle upon your demand and failure to
deliver will result to damage”
Yes. Though, as a general that there is no liability in case of a fortuitous event. The
exceptions are the following:
1.) When the law itself expressly declares so (Arts. 552(2,)
1165(3,) 1268, 1942, 2147 and 2159 of the Civil Code)
2.) When expressly stated in the contract
3.) When the obligation's nature requires the assumption of risk
(Art. 1174)
4.) When the obligor/debtor is in default or has promised to
deliver the same thing to 2 or more persons who don't have the
same interest
A fortuitous event is an unforeseen event or, if foreseen, inevitable. It is also called an act
A fortuitous effect will not affect a generic obligation, because a generic object can
always be replaced by another. It will, however, affect a determinate/specific
obligation because the object of the obligation is specified -but the exceptions must
still be observed.
Basing on the facts given and relating it with the provision of the law provided, can say
that the fourth exception is present. Leslie, did not take care of her property provided that
she is fully aware that a super typhoon will hit Nueva Vizcaya. As provided in the civil
code:
 VALDEZ LAW OFFICES
#789 ZOBEL ROXAS ST. MAKATI CITY
TELEPHONE NO. 34322
VALDEZLAWOFFICES@YAHOO.COM

Art. 1163. Every person obliged to give something is also obliged

to take care of it with the proper diligence of a good father of a
family, unless the law or the stipulation of the parties requires
another standard of care.
She should have take care of it with proper diligence. Therefore, she is liable from thye
damages incurred.
Very truly yours,
Atty. Maria Yanily Ann R. Valdez
Legal Counsel