- Statute
- Civil Code
- Article
- Art. 1174
- Topic
- Statutory provision
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE I Obligations
- Chapter
- CHAPTER 2 Nature and Effect of Obligations
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
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. (1105a)
Intellegal Wiki · In plain terms
As a rule, no one is answerable for damage caused by a fortuitous event, something that could not be foreseen or, though foreseen, was unavoidable. The exceptions are when the law expressly assigns liability, when the parties stipulated to bear the risk, or when the nature of the obligation requires assuming that risk.
An editorially maintained plain-language explanation of this provision — not legal advice.
Key points
Except where the law, a stipulation, or the nature of the obligation (assumption of risk) provides otherwise, no one is liable for fortuitous events — events that could not be foreseen, or though foreseen were inevitable (force majeure).
Cases applying this article
- Dr. Jose Cesar Cabrera v. Ameco Contractors Rental G.R. No. 201560
- College Assurance Plan v. Belfranlt Development G.R. No. 155604
- Fil-Estate Properties v. Spouses Gonzalo G.R. No. 165164
- Roberto C. Sicam v. Lulu V. Jorge G.R. No. 159617