Rcpi Vs Verchez 2006
Rcpi Vs Verchez 2006
Rcpi Vs Verchez 2006
FACTS:
Respondent Grace Verchez-Infante (Grace) hired the
services of Radio Communications of the Philippines, Inc.
(RCPI) to send a telegram to her sister respondent
x
x
x
it
is
necessary
that
one
has
committed no negligence or misconduct that may have
occasioned the loss. 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. Ones
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 persons 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.
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RCPI invokes force majeure, specifically, the alleged
radio noise and interferences which adversely affected
the transmission and/or reception of the telegraphic
message. Additionally, its messenger claimed he could
not locate the address of Zenaida and it was only on the
third attempt that he was able to deliver the telegram.