- Petitioner
- The Government of the Philippine Islands
- Respondent
- W. O. Bingham
- Citation
- G.R. No. 4895
- Court
- Supreme Court En Banc
- Division
- En Banc
- Ponente
- Johnson, J.
- Decided
- June 15, 1909
Summary
The Government sued firearms license holder W.O. Bingham and his sureties to enforce a $200 bond requiring safe keeping and return of licensed firearms on demand. The revolver and ammunition were lost when Bingham's pearl fishing vessel sank in a storm without fault on his part. The Court of First Instance and Supreme Court both ruled for defendants, applying the doctrine of impossibility under both American contract law and Spanish Civil Code Article 1182. The obligation was extinguished when the specific subject matter was lost through fortuitous events before any default occurred. The case established that bonds securing firearms licenses are subject to the general rules of obligations and contracts, and performance is excused when rendered impossible by acts of God. This precedent distinguished cases involving negligence from those involving pure fortuitous events.
Intellegal Wiki · Key Holding
An obligation to deliver a specific thing is extinguished when the thing is lost without the debtor's fault before default (Articles 1182 and 1105); an accessory bond obligation is extinguished together with the principal obligation.
An editorially maintained summary of the rule this Supreme Court decision is cited for — not legal advice.