Legalese 2009 (Week 37)


warranty of an insured – a statement or promise by the insured set forth in the policy or incorporated in it by proper reference, the falsity of which renders the policy voidable by the insurer. (see The Insurance Code of the Philippines Annotated, p. 215 [2006]).

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May 2009 Philippine Supreme Court Decisions on Civil Law

Here are selected May 2009 decisions of the Supreme Court on civil law.

Contracts;  force majeure.  The matter of fortuitous events is governed by Art. 1174 of the Civil Code which provides that except in cases expressly specified by the law, or when it is otherwise declared by stipulation, or when the nature of the obligation requires assumption of risk, no person shall be responsible for those events which could not be foreseen, or which though foreseen, were inevitable. The elements of a fortuitous event are: (a) the cause of the unforeseen and unexpected occurrence, must have been independent of human will; (b) the event that constituted the caso fortuito must have been impossible to foresee or, if foreseeable, impossible to avoid; (c) the occurrence must have been such as to render it impossible for the debtors to fulfill their obligation in a normal manner, and; (d) the obligor must have been free from any participation in the aggravation of the resulting injury to the creditor.

A fortuitous event 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. However, when the loss is found to be partly the result of a person’s participation–whether by active intervention, neglect or failure to act—the whole occurrence is humanized and removed from the rules applicable to a fortuitous event. Asset Privitization Trust vs. T.J. EnterprisesG.R. No. 167195,  May 8, 2009.

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