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Article 1368

This document discusses the persons who can bring an action to reform an instrument under Philippine law. It states that reformation may be sought by either party if there was a mutual mistake, or the injured party if the mistake was not mutual. The heirs or successors in interest of those entitled may also bring an action. It provides examples of situations that allow reformation, such as when there is fraud, concealment of facts, or a drafting error. While the Civil Code specifies who can seek reformation, it notes that the Supreme Court has yet to promulgate specific procedural rules for doing so.

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134 views

Article 1368

This document discusses the persons who can bring an action to reform an instrument under Philippine law. It states that reformation may be sought by either party if there was a mutual mistake, or the injured party if the mistake was not mutual. The heirs or successors in interest of those entitled may also bring an action. It provides examples of situations that allow reformation, such as when there is fraud, concealment of facts, or a drafting error. While the Civil Code specifies who can seek reformation, it notes that the Supreme Court has yet to promulgate specific procedural rules for doing so.

Uploaded by

Patrick Daza
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Article 1368

Reformation may be ordered at the instance of either party or his


successors in interest, if the mistake was mutual; otherwise upon petition
of the injured party, or his heirs and assigns.
Partly entitled to reformation
The above article enumerates the persons who can bring an action to reform an
instrument.
1. Either of the parties, if the mistake is mutual under Articles 1361, 1364, and
1365;
- Article 1361. When a mutual mistake of the parties causes the failure of
the instrument to disclose their real agreement, said Instrument may be
reformed.
- Article 1364. When through the ignorance, lack of skill, negligence or bad
faith on the part of the person drafting the instrument or of the clerk or
typist, the instrument does not express the true intention of the parties; the
courts may order that the instrument be reformed.
- Article 1365. If two parties agree upon the mortgage or pledge of real or
personal property, but the instrument states that the Property is sold
absolutely or with a right of repurchase, reformation of the instrument is
proper.
2. In all other cases, the injured party, under Articles 1362, 1363, 1364 and
1365; and
- Article 1362. If one party was mistaken and the other acted fraudulently or
inequitably in such a way that the instrument does not show their true
intention, the former may ask for the reformation of the instrument.
- Article 1363. When one party was mistaken and the other knew or
believed that the instrument did not state their real agreement, but
concealed that fact from the former, the instrument may be reformed.
-Article 1364. When through the ignorance, lack of skill, negligence or bad
faith on the part of the person drafting the instrument or of the clerk or
typist, the instrument does not express the true intention of the parties; the
courts may order that the instrument be reformed.
-Article 1365. If two parties agree upon the mortgage or pledge of real or
personal property, but the instrument states that the property is sold
absolutely or with a right of repurchase, reformation of the instrument is
proper.
3. The heirs or successors in interest, in lieu of the party entitled. (Art. 1368.)
- Article 1368. Reformation may be ordered at the instance of either party or
his successors in interest, if the mistake was mutual; otherwise, upon petition
of the injured party, or his heirs and assigns.

The effect of reformation is retroactive from the time of the execution of the
original contract.
Article 1369
The procedure for the reformation of instruments shall be governed
by rules of court to be promulgated by the Supreme Court.
Procedure for reformation
The rules of Court governed procedure. However, the Supreme Court has not
as yet promulgated the procedure for the reformation of instrument. (see Sec. 7,
Rule 130, Rules of Court.)

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