This case has been cited 1 times or more.
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2005-03-08 |
CHICO-NAZARIO, J. |
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| NPC staunchly asserts that the damages, if any, were due to a fortuitous event. Again, we cannot agree with petitioner. We defer instead to the findings and opinions expressed by the Court of Appeals that NPC cannot escape liability on the mere excuse that the rise of water was due to heavy rains that were acts of God. The rainy season is an expected occurrence and the NPC cannot stop doing its duty when the rains fall. In fact, it is during these critical times that the NPC needs to be vigilant to make sure that the lake level does not exceed the maximum level.[28] Indeed, negligence or imprudence is human factor which makes the whole occurrence humanized, as it were, and removed from the rules applicable to acts of God.[29] | |||||