Earthquakes and fortuitous events

By Atty. Eduardo T. Reyes III

The earth literally shook on September 30, 2025.  A magnitude 6.9 earthquake with its epicenter in Bogo City in Cebu, Philippines, struck. The tremors were felt in the Visayas including Negros, Panay, and Guimaras.

In Iloilo City, occupants of structures both high-rise and bungalows were jolted and forced to evacuate their homes and offices in favor of open spaces until the shaking had totally stopped near midnight.

Classes and work were suspended to give way to an inspection of the buildings because many showed disturbing cracks after the earthquake.

Indeed, not only work but lives were disrupted and many people were displaced by this event.

An earthquake is one environmental catastrophe many prepare for through drills and all but it still seems not in everyone’s mindfulness. Until it happens. Even in most contracts, usually written in fine-print, natural calamities would either excuse a party from performing an obligation or absolve an insurer from liability to pay for the damage.

Known as force majeure in many contract stipulations, it usually releases a party from liability when damage is caused by the same.

In law, it is called a “fortuitous event.” “Fortuitous events by definition are extraordinary events not foreseeable or avoidable. It is therefore, not enough that the event should not have been foreseen or anticipated, as is commonly believed but it must be one impossible to foresee or to avoid. The mere difficulty to foresee the happening is not impossibility to foresee the same.” (Roberto C. Sicam v. Lulu V. Jorge, G.R. No. 159617, August 8, 2007).

As a rule, no person shall be liable for a fortuitous event.

However, by way of exceptions, there are different instances in the Civil Code where persons may be  held liable for a fortuitous event. These are:

1)If the obligor delays (2nd para. Art. 1165), meaning the person obliged to perform an obligation is guilty of delay in performing the same;

2)or has promised to deliver the same thing to two or more persons who do not have the same interest (2nd para. Art. 1165);

3) when expressly specified by the law  (3^rd Para. Art. 1170);

4)when it is otherwise declared by stipulation (3^rd Para. Art. 1170);

5)when the nature of the obligation requires the assumption of risk (3^rd Para. Art. 1170);

6) a possessor in bad faith shall be liable for deterioration or loss in every case, even if caused by a fortuitous event. (Art. 552, par. 2).

More important, a person may not be excused from a fortuitous event when knowing that it is forthcoming, he/she fails to observe precautionary measures to avoid further damage or injury. “It has been held that an act of God cannot be invoked to protect a person who has failed to take steps to forestall the possible adverse consequences of such a loss. One’s negligence may have concurred with an act of God in producing damage and injury to another; nonetheless, showing that the immediate or proximate cause of the damage or injury was a fortuitous event would not exempt one from liability. When the effect 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 acts of God.”   (Roberto C. Sicam v. Lulu V. Jorge, G.R. No. 159617, August 8, 2007).

Since most contracts would absolve insurers and other responsible persons from liability when the damage or injury is due to force majeure or fortuitous event, still, property owners must be aware that they can bargain for better terms in their contracts for their protection. They can ask for all necessary safety measures to be put in place and once tragedy strikes, there would be people responsible to manage the crisis and provide mitigation measures.  In case of failure on this, the property owners can ask for damages against those responsible.

Among the many natural calamities, earthquakes are most-feared as they come when least expected.  This most recent one came at around 10 p.m. which is the time when most people would prepare for bed. It was eerily silent until dogs and other domesticated animals made strange movements and sounds.

Then the earth started to shake. For a while which seemed like forever, it felt like it was the end of the world.

In the case of Roberto C. Sicam v. Lulu V. Jorge which is cited in this article, the Supreme Court emphasized that when there is negligence on the part of responsible people, what is supposed to be a force majeure or act of God, is “humanized.”

Whether it’s an earthquake or any other natural calamity therefore, there is no room for negligence or even indifference.

We don’t blame God for people’s failings.

(The author is the senior partner of ET Reyes III & Associates (ETRIIILaw)– a law firm based in Iloilo City. He is a litigation attorney, a law professor, MCLE lecturer, bar reviewer and a book author. Among the books he authored is Law on Property and Essentials of Land Registration [2024 Edition] which was on the bestseller’s list in online shops for several months. His website is etriiilaw.com).