EXPLAINER: What is force majeure?
Cebu City, Philippines — The term “force majeure” has been trending lately amid the Senate majority bloc’s push to expand videoconferencing in plenary sessions, spotlighting Senator Robin Padilla’s controversial defense of the proposed amendment.
In a social media post, the actor-turned-senator wrote in Filipino, “The Middle East War is causing terrorism in parts of the world — The impending involvement of the Philippines in the China-Taiwan conflict. Isn’t this force majeure?”
READ: Senate minority walks out over rule allowing online vote
Padilla’s remark immediately faced backlash, with netizens and lawmakers correcting his interpretation of what legally constitutes a force majeure event.
What is force majeure?
The French term translates to “superior force” — referring to acts of God or events beyond or independent of human control.
In Philippine law, this concept is governed by Article 1174 of the Civil Code under “Fortuitous Events.” Contractual parties rely on this provision when fulfilling an obligation becomes impossible due to unforeseen and unavoidable circumstances.
READ: Sen. Padilla: Mideast war, China conflict not force majeure?
According to Article 1174, an event must meet the following four strict requisites to exempt an obligor, who is a person or entity contractually bound to fulfill an obligation, from liability:
- The cause of the breach must be independent of human will.
- The event must be either unforeseeable or unavoidable.
- The event must render it impossible for the obligor to fulfill the obligation in a normal manner.
- The obligor must be free from any participation in, or aggravation of, the injury to the obligee.
Typical examples include acts of God (natural disasters like typhoons, floods, and earthquakes) and acts of man entirely beyond the control of the parties (war, insurrections, and government-mandated lockdowns, such as those seen during the COVID-19 pandemic).
Crucially, there must be a total absence of negligence or fault on the obligor’s side.
Senate rule
During the COVID-19 pandemic, the Senate amended its rules to allow electronic voting and remote participation, but under incredibly tight constraints.
Under Rule XIV, Section 41 of the Rules of the Senate, physical attendance is the mandatory standard, and hybrid setups are strictly limited to instances of force majeure or national emergencies:
“The committee may conduct meetings or hearings 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 occurrence of an emergency as determined by the majority of all the Members of the Senate which may prevent the senators from physically attending the committee meetings or hearings.”
This amendment allowed senators to work remotely if they were isolating or if the place where they lived was placed under lockdown.
2021 vs 2026
The recent debate sparked when Senate majority moved to allow remote participation for broader, “justifiable reasons” — a move critics argue is designed to accommodate Senator Ronald “Bato” dela Rosa, who is currently facing an arrest warrant issued by the International Criminal Court (ICC).
Senator Risa Hontiveros emphasized that the majority’s current push could not be compared to the past appeals made for former Senator Leila de Lima in 2021.
During the pandemic, Hontiveros pointed out, the shift to virtual sessions was a response to a global health crisis — a legitimate force majeure affecting the entire institution.
Furthermore, the legal ethics of the two situations differ entirely: De Lima submitted herself to authorities and respected the legal process, whereas Dela Rosa is actively avoiding arrest.
Allowing a lawmaker to maintain their legislative privileges and vote remotely while evading the law, Hontiveros warned, sets a highly dangerous precedent for the institution.
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