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[AMERICAN SURETY COMPANY OP NEW YORK v. PRUDENCIO BATANGAN](http://lawyerly.ph/juris/view/cd32?user=fbGU2WFpmaitMVEVGZ2lBVW5xZ2RVdz09)
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19 Phil. 110

[ G. R. No. 6002, March 18, 1911 ]

THE AMERICAN SURETY COMPANY OP NEW YORK AND THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND, PLAINTIFFS AND APPELLANTS, VS. PRUDENCIO BATANGAN, DEFENDANT AND APPELLEE.

D E C I S I O N

CARSON, J.:

The facts in this case and the principles on which it must be decided are well stated in the opinion of the court below.

The trial court, however, was  manifestly led into error as to £he law applicable to the case  by  the imperfect and incorrect official Spanish version of the last paragraph of section 41 of Act No. 1402.  The English version provides that: "The officer shall be liable for all losses, resulting: from any cause, except an act of God or the public enemy, unless relieved therefrom  as herein provided."  In the Spanish version the words "an act of God" are inaccurately rendered by  the  technical term "fuerza  mayor"  (force majeure).

The loss in  question in this case was occasioned by an armed band of robbers, and the trial judge was of opinion that  under the  circumstances the  officer was not  liable therefor, because, as he held, the existence  of fuerza mayor (force majeure)  was undoubtedly established by the proof of the robbery by an armed band.  But under the provisions of Act No. 63,  and its amendments, the English text of the Act must "govern," and it is hardly necessary to point out that the depredations of an armed band of robbers can not be said to have resulted from "an act of God."

Upon the facts as  found by the trial judge, which are fully sustained by the evidence  of record, the  judgment entered in the court below must be reversed, and twenty days hereafter judgment will  be entered  in  favor  of the plaintiffs for the sum of ¥3,443.38, With legal interest from the  date of the  complaint.   Thereafter let the record be returned,  as provided by law, to the court whence it came for  execution.  So ordered.

Arellano, C. J., Mapa, Moreland, and Trent, JJ., concur.

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