FORTUITOUS EVENT:

One which could not be foreseen, or which though foreseen, is inevitable. (Civil Code, Art. 1174; The Philippine American General Insurance Co., Inc. vs. MCG Marine Services, Inc., G.R. No. 135645, 8 March 2004) An event is considered fortuitous if the following elements concur: (a) the cause of the unforeseen and unexpected occurrence, or the failure of the debtor to comply with his obligations, must be independent of human will; (b) it must be impossible to foresee the event which constitutes the caso fortuito, or if it can be foreseen, it must be impossible to avoid; (c) the occurrence must be such as to render it impossible for the debtor to fulfill his obligation in a normal manner; and ( d) the obligor must be free from any participation in the aggravation of the injury resulting to the creditor. (Yobido vs. Court of Appeals, G.R. No. 113003, 17 October 1997) A fortuitous event under Article 1174 may either be an "act of God," or natural occurrences such as floods or typhoons, or an "act of man," such as riots, strikes or wars. (PHILCOMSAT vs. Globe Telecom, Inc., G.R. No. 147324, 25 May 2004)