Fortuitous event

Fortuitous event "I failed to remit to Don the value of his necklace, which is to be sold on commission basis because I was robbed by unidentified persons while delivering the item to a prospective buyer. Don refused to believe me. He said I should pay him and my responsibility would only be extinguished if there is a conviction of the alleged robbers. Am I still liable for damages or the value of the necklace?Laine Dear Laine,Your liability arises from Article 1170 of the New Civil Code of the Philippines which states that: “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.”Relative thereto, Article 1173 of the same Code provides that: “The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place. When negligence shows bad faith, the provisions of Articles 1171 and 2201, paragraph 2, shall apply. If the law or contract does not state the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required.”In the absence of negligence, fraud, delay or contravention of the tenor of your agreement with Don, you may raise robbery as unforeseen event. This is in consonance with the provision of Article 1174 of the New Civil Code of the Philippines, which states that: “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 responsible for those events which could not be foreseen, or which, though foreseen, were inevitable.”The requisites for fortuitous or unforeseen events were enumerated in a similar case titled Austria vs Court of Appeals, et al. (GR L-29640 June 10, 1971), where the Supreme Court, speaking through Associate Justice Jose Benedict Luna Reyes, stated that:“It is recognized in this jurisdiction that to constitute a caso fortuito that would exempt a person from responsibility, it is necessary that (1) the event must be independent of the human will (or rather, of the debtor’s or obligor’s) (2) the occurrence must render it impossible for the debtor to fulfill the obligation in a normal manner and that (3) the obligor must be free of participation in or aggravation of the injury to the creditor. A fortuitous event, therefore, can be produced by nature, e.g., earthquakes, storms, floods, etc., or by the act of man, such as war, attack by bandits, robbery, etc., provided that the event has all the characteristics enumerated above.It is not here disputed that if respondent Maria Abad were indeed the victim of robbery, and if it were really true that the pendant, which she was obliged either to sell on commission or to return to petitioner, were taken during the robbery, then the occurrence of that fortuitous event would have extinguished her liability. The point at issue in this proceeding is how the fact of robbery is to be established in order that a person may avail of the exempting provision of Article 1174 of the new Civil Code xxx.” Applying the above-cited decision in your situation, robbery may absolve you from your responsibility provided the same must be independent of human will, its occurrence must render it impossible for you to fulfill your obligation in a normal manner and you must be free of participation or aggravation of the injury. Thus, Don’s statement that the robbers must first be convicted in order that your liability will be extinguished has no legal basis. It is, however, necessary for you to establish the fact of robbery.We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net" - https://www.affordablecebu.com/