What does force majeure mean in PH law?
The term "force majeure" has been making the rounds online following Sen. Rodante Marcoleta's proposal to amend Senate rules to allow a senator "for justifiable reasons" to attend and participate in sessions online.
To recall, Rule XIV, Sec. 41(b) of the Senate Rules states that the Senate President, after consulting with the Majority and Minority leaders, may "convene and hold the session through teleconference, video conference, or other reliable forms of remote or electronic means, using appropriate information and communications technology systems, due to force majeure or the occurrence of a national emergency as determined by the majority of all the members of the Senate which may prevent the convening of the Senate or the physical presence of its members in the session hall."
Members of the minority bloc have condemned the move to rush a major change in the Senate rules following their walkout during the May 26 plenary session.
Meanwhile, Sen. Robin Padilla took to Facebook to defend the proposal, stating certain events that he says might fall under force majeure.
"War/gera/digmaan sa Gitnang Silangan na resulta na ng terorismo sa iba't ibang parte ng mundo, ang napipintong pagkadawit ng Pilipinas sa China-Taiwan conflict? Hindi pa ba ito force majeure?" he wrote.
In another post, the actor-turned-senator further claimed that the start of El Niño also justifies the use of the clause.
Sen. Risa Hontiveros, in an interview with GMA News' Unang Balita, said that the circumstances Padilla listed could not be considered force majeure in the context of Marcoleta's proposal.
So what does force majeure actually mean in Philippine law?
What the law says
According to University of the Philippines College of Law Assistant Professor Michael Tiu, Art. 1174 of the Civil Code of the Philippines defines force majeure as extraordinary events that "could not be foreseen, or which, though foreseen, were inevitable."
"If there is force majeure, the performance of one's obligations in a contract, for example, could be excused. But one has to show the following: (a) the cause of the unforeseen and unexpected occurrence, or the failure of the debtors to comply with their obligations, must have been independent of human will; (b) the event that constituted the [force majeure] 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."
Tiu, referring to Philippine Communications Satellite Corporation v Globe Telecom, said acts of God which could be force majeure, include floods, typhoons, earthquakes, volcanic eruptions, and similar natural calamities. Meanwhile, acts of man that fall under the clause are riots, strikes, wars, theft or robbery, and other similar acts of man.
Citing Awayan v Sulu Resources, Tiu added that when circumstances are found to be partly the result of a party's participation by active intervention, neglect, or failure to act, "the incident is humanized and removed from the ambit of force majeure."
"Hence, there must be no human intervention that caused or aggravated the event, or at the very least, it must be beyond the obligator's will."
Force majeure in Senate
Palace Press Officer Claire Castro said on May 27 that there are no calamities or "force majeure" that would warrant a change in the Senate's rules on voting.
"Dati naman ay napayagan ng online voting, mga Zoom meeting, dahil mayroong, mayroon tayong kalamidad na hinaharap noon. At sa pagkakataong ito, ay wala naman tayong masasabi na anumang force majeure, calamity, na mag-justify ng mga online voting," she said.
Tiu echoed this, telling PhilSTAR L!fe, "In the context of Senate sessions, these events must affect the performance of functions of the Senate or prevent them from coming into work to be considered as force majeure, just like how [COVID-19] was. But their work is not hampered by these events."
"Further, the absence of Sen. Bato [dela Rosa] is not independent of his will. He chose to run away and become unavailable."
Dela Rosa has been out of the public eye since November 2025, following reports of an International Criminal Court arrest warrant that circulated late last year. He appeared after six months in the Senate, taking part in a coup that ousted Tito Sotto as Senate President and installed Alan Peter Cayetano in his place.
Dela Rosa was under Senate protective custody from May 11, until he went missing again on May 13 following the Senate gunfire incident.
Local agencies have been ordered to carry out the arrest of dela Rosa with the ICC warrant.