Fortuitous event and concurring negligence
“Nalubog sa baha ang delivery truck dahil sa Bagyong Ondoy. Lusot ba ang kumpanya sa danyos?”
Except in cases expressly specified by law, no person shall be responsible for events which could not be foreseen, or which, though foreseen, were inevitable. But an act of God frees a debtor only when human negligence did not co-operate to cause the loss.
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Read the strip. The last panel does not answer — you do, before the rule shows up.
Heavy rainfall in Marikina. A freight delivery truck loaded with ₱2 million worth of electronic components is parked in an open low-lying warehouse near the riverbank.
NARRATIONNakataas na ang Signal No. 3. Dalawang araw nang nagbabala ang PAGASA na aapaw ang ilog.
Foreseeability: the typhoon is an act of God, but the warning was public and urgent.
Warehouse office. Cargo dispatcher Danny talks on the phone with driver Bert while water starts rising past the truck tires.
DANNY“Huwag mo na ilipat sa mataas na garahe sa Antipolo, Bert. Sayang ang krudo, baka humupa rin agad ang ulan.”
Human inaction: opportunity to take precautions existed and was deliberately bypassed.
Next morning. The truck is submerged up to the roof. The electronics are completely destroyed. Client Mrs. Santos confronts Danny with the bill of lading.
MRS. SANTOS“₱2 milyon ang nasirang kargamento ko! Bayaran niyo ito!”
The client demands contractual indemnity for breach of contract of carriage.
Danny raises both hands, showing the PAGASA disaster bulletin.
DANNY“Force majeure po ito, Ma’am! Act of God ang baha, walang may kasalanan sa batas!”
Vote before the rule.