Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void.
Ang mga responsibilidad mula sa pandaraya ay maaaring hingin sa lahat ng obligasyon. Kahit anong pagtalikdan sa aksyon sa pandaraya sa hinaharap ay walang bisa.
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)
Maliban sa mga kasong nasasaad sa batas, o ayon sa mga napagusapan, o kung ang kalikasan ng pananagutan ay nangangailangan ng nakikinitang panganib, walang sinumang tao ang may pananagutan ukol sa mga pangyayaring hindi inaasahan o kung ito man ay inaasahan ay hindi mapipigilan o maiiwasan.
Discussion:
This article is a continuance to ART. 1173. ART. 1174 explains a fortuitous event that may have arise during the event of doing the obligation. It is an event which cannot be foreseen such as sudden coming of a storm which considered an Acts of God or known as majeure or any other unexpected event such as robbery, insurrection which is considered Acts of man.
The Philippine Civil Code distinguishes between two kinds of fortuitous events namely:
1. Ordinary fortuitous events or those which are common and which the contracting parties could reasonably foresee e.g. rain.
2. Extra-ordinary fortuitous events which are uncommon and which the contracting parties could not have reasonably foreseen e.g. earthquake, fire, unusual flood.
To be declared that such circumstances are fortuitous events the following must be considered:
1. The event must be independent of the human will or the debtor
2. The event could not be foreseen, or if foreseen, is inevitable
3. The event must be of such a character as to render it impossible for the debtor to comply with his obligation in a normal manner
4. The debtor must be free from any participation in, or the aggravation of, the injury to the creditor, that is, there is no concurrent negligence on his part.
In case of fortuitous event there are still rules to be observed: When expressly specified by law. : a) the debtor is guilty of fraud, negligence, or delay, or contravention of the tenor of the obligation. (Arts. 1170. 1165, par.3)
Example : S is obliged to deliver a specific horse to B on August 10. S did not deliver the horse on said date. If, on August 11, the horse died because it was hit by lightning, S is not liable if no demand was made by B. His obligation was extinguished. If the horse died after a demand was made by B, S is liable for damages because he is guilty of (legal) delay. In this case the obligation of S to deliver the horse is also extinguished but it is converted into monetary obligation to pay damages. (Art.1165).b) the debtor has promised to deliver the same (specific)thing to two or more persons who do not have the same interest. Example: If S sold and promised to deliver .
When the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation shall be void. If it depends upon chance or upon the will of a third person, the obligation shall take effect in conformity with the provisions of this Code. (1115)
Kung ang pagtupad ng kasunduan ay nakasasalay lamang sa umutang ito ay walang bisa. At kung ito naman ay nakasalalay sa ikatlong tao, ang obligasyon ay magiging epektibo ayon sa pinaguutos ng probisyon ng Batas.
Obligations and Contracts 