Question
Virginia Real owned and operated the Wasabe Fastfood stall located at the Food Center of the Philippine Womens University (PWU) along Taft Avenue, Malate, Manila,
Virginia Real owned and operated the Wasabe Fastfood stall located at the Food Center of the Philippine Womens University (PWU) along Taft Avenue, Malate, Manila, while Sisenando H. Belo owned and operated the BS Masters fastfood stall, also located at the Food Center of PWU.
Around 7:00 o'clock in the morning of January 25, 1996, a fire broke out at Wasabe Fastfood stall. The fire spread and gutted other fast-food stalls in the area, including the stall owned by Sisenando H. Belo. An investigation on the cause of the fire, by Fire Investigator SFO1 Arnel C. Pinca (Pinca) revealed that the fire broke out due to the leaking fumes coming from the Liquefied Petroleum Gas (LPG) stove and tank installed at Wasabe Fast food stall. For the loss of his fast-food stall due to the fire, Sisenando H. Belo demanded compensation from Virginia Real. However, Virginia Real refused to accede to the demand of Sisenando H. Belo claiming that the fire was due to a fortuitous event and therefore not liable.
Issue: Is the fire that razed the stall of Sisenando considered a fortuitous event that will exempt Virginia Real for damages?
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