A and B entered into a contract, subject to the condition that in case the Senate will not concur in to the treaty, neither party will be liable. The Senate rejected it. Can A invoke force majeure or fortuitous event as a ground to exempt himself from liability?

• A. No, because it is not an act of God;
• B. Yes, because of the binding effect of contracts;
• C. Yes, because while the non-concurrence is foreseeable, it is beyond their control;
• D. Yes, because of the principle of liberty of contracts. (Philcomsat Corp. v. Globe Telecom, Inc. 25 May 2004; Sicam v. Jorge, 8 August 2007).