Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 6351

Introduced by Hon. HARLIN NEIL J. ABAYON, III

EXPLANATORY NOTE

Recent, ongoing, and contemporary events such as Martial Law in Mindanao, widespread
systems failure of the financial technologies of a major local universal bank, Super typhoon
Yolanda, flooding brought by Tropical Storm Ondoy, and massive power blackouts have had
severe adverse effects.

These fortuitous events resulted in death, serious and critical injury to persons, destruction
of public and private property, catastrophe affecting large geographical areas and numerous
people, and led to economic or financial ruin or crises.

‘These events and their ripple effects are not the fault of and are beyond the control of
innocents and the unaware, who should therefore not bear any liability or suffer from them.

The Civil Code of the Philippines was enacted on June 18, 1949 or 68 years ago and since
then both jurisprudence and technologies have advanced and become more complex, while climate

change and global warming have caused extreme weather events and cataclysms. Enactment of
this bill into law is timely and forward-looking.

afaik c ABAYON, III

Representative, AANGAT Tayo

Page | of 3


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL No, 6351
Introduced by: Hon. HARLIN NEIL J. ABAYON, III

AN ACT AMENDING REPUBLIC ACT NO. 386
ALSO KNOWN AS THE CIVIL CODE OF THE PHILIPPINES BY
EXPRESSLY PROVIDING A REFINED AND UPDATED DEFINITION OF
FORTUITOUS EVENTS

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall also be known as "The Fortuitous
Events Law".

Section 2. Declaration of Policy. The State is duty-bound to protect its
citizens from natural and man-made calamities and ease the adverse impact of these
events. It is this duty that underlies Congress’ passage of laws on disaster
preparedness, crime prevention, consumer protection, public health, and poverty
alleviation.

Section 3. Article 1174 of Republic Act No. 386 is hereby amended to state:

Article 1174. Except in cases 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 fortuitous events
and effects of such events, which, could not be foreseen, or which, though
foreseen were inevitable.

Fortuitous events include the following:

1 War;
a Martial Law;
a Devastating or destructive national emergencies;


Natural calamities;

Insurrection;

Acts of public enemies;

Riots;

Strikes;

Fire;

10. Any law, order, regulation, direction or request of the Philippine
Government;

au Inadvertent or massive, system failure of information;
communication, and financial technology systems;

12. Electronic or computer-aided hacking, intrusion, or sabotage;

err awe

and
13 Other circumstances beyond the control of a party or parties to
an agreement.

Section 4. Separability Clause. - lf any provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other
provisions not affected thereby.

Section 5. Repealing Clause. - All laws, decrees, letters of instruction,
executive orders, rules and regulations and other issuances or parts thereof
inconsistent with this Act are hereby repealed or modified accordingly.

Section 6. Effectivity. - This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in two (2) newspapers of general

circulation in the Philippines.

Approved.

Page 3 of 3