Monday, November 7, 2011

College Assurance Plan and Comprehensive Annuity Plan and Pension Corporation vs Belfranlt Development Inc.

Belfranlt Development, Inc. (respondent) is the owner of Belfranlt Building in Angeles City, Pampanga. It leased to petitioners College Assurance Plan Phil., Inc. (CAP) and Comprehensive Annuity Plans and Pension Corporation (CAPP) several units on the second and third floors of the building.

On October 8, 1994, fire destroyed portions of the building, including the third floor units being occupied by petitioners. An October 20, 1994 field investigation report by an unnamed arson investigator assigned to the case disclosed that the origin of the fire was the store room occupied by CAP. Respondent sent petitioners on November 3, 1994 a notice to vacate the leased premises to make way for repairs, and to pay reparation estimated at P1.5 million.

Respondent wrote petitioners another letter, reiterating its claim for reparation, this time estimated by professionals to be no less than P2 million.

On November 11, 1994, petitioners vacated the leased premises, including the units on the second floor, but they did not act on the demand for reparation, pointing out that the fire was a fortuitous event for which they could not be held responsible.

The issue is whether the fire that partially burned respondent's building was a fortuitous event. The Supreme Court held in the negative since it was fire that caused the damage to the units being occupied by petitioners. The legal presumption therefore is that petitioners were responsible for the damage. Petitioners insist, however, that they are exempt from liability for the fire was a fortuitous event that took place without their fault or negligence.

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