The term "force majeure" has recently gained traction in the Philippines, particularly after Senator Robin Padilla's remarks linking current geopolitical tensions to this legal concept.
His comments came as part of a debate surrounding the Senate's ongoing discussions about expanding remote voting capabilities, a move many see as controversial.
Defining force majeure in Philippine law
Originating from French, "force majeure" translates to "superior force" and refers to events that are beyond human control.
In the context of Philippine law, Article 1174 of the Civil Code defines how force majeure applies to contractual obligations, especially when unforeseen circumstances render performance impossible.
The cause of the breach must be independent of human will.
Philippine Civil Code, Article 1174
- The cause must be independent of human will.
- The event must be unforeseen or unavoidable.
- It must make normal fulfillment impossible.
- The obligor must not have contributed to the injury.
Common examples include natural disasters and wars, which can significantly disrupt normal business operations.
Recent political implications
The Senate's current discussions about remote voting stem from a recent amendment that allows such measures during force majeure events.
This provision was initially activated during the COVID-19 pandemic, allowing senators to participate even while isolating.
However, recent proposals to broaden the criteria for remote participation have sparked concern.
Senator Risa Hontiveros has criticized these changes as potentially allowing lawmakers to evade accountability, particularly in light of Senator Ronald "Bato" dela Rosa's legal troubles.
Hontiveros argues that the current push lacks the legitimate justification that existed during the pandemic, highlighting a significant difference in legal and ethical implications.