G.R. No. L-6002, March 18, 1911
THE AMERICAN SURETY OF NEW YORK and THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND, plaintiffs-appellants, vs. PRUDENCIO BATANGAN, defendant-appellee.

FACTS

The plaintiffs, as sureties, filed a case against the defendant, a public officer, to recover losses incurred while the defendant was accountable for public funds. The loss was caused by an armed band of robbers. The trial court ruled in favor of the defendant, holding that the robbery constituted fuerza mayor (force majeure), which under the Spanish version of the applicable law (Section 41 of Act No. 1402) would exempt the officer from liability.

ISSUE

Whether the defendant public officer is liable for the loss of public funds caused by an armed band of robbers, or whether such loss is excused as an act of God or force majeure under the law.

RULING

The Supreme Court REVERSED the trial court’s decision and held the defendant liable. The Court clarified that the English text of Section 41 of Act No. 1402, which is controlling under Act No. 63 , provides that a public officer shall be liable for all losses except those resulting from “an act of God or the public enemy.” The Spanish version’s use of the term “fuerza mayor” was an inaccurate translation. A robbery by an armed band does not constitute “an act of God.” Therefore, the defendant is not exempt from liability. Judgment was rendered in favor of the plaintiffs for the amount of the loss with legal interest.