May 12, 2021
BLT1A – B
Denolan, Denmark
Divinagracia, Rylewis
Labucuas, Maria Fiona
Lomente, Ricaflor
ii. Articles 1335-1346 (Consent)
1335. There is violence when in order to wrest consent, serious or irresistible force is
employed.
There is intimidation when one of the contracting parties is compelled by a reasonable and
well-grounded fear of an imminent and grave evil upon his person or property, or upon the
person or property of his spouse, descendants or ascendants, to give his consent.
To determine the degree of the intimidation, the age, sex and condition of the person shall be
borne in mind.
A threat to enforce one’s claim through competent authority, if the claim is just or legal, does not
vitiate consent.
Nature of violence
1. Employed through physical force
2. Serious and irresistible
Nature of intimidation or threat
1. It must produce a reasonable and well-grounded fear of an evil
2. The evil must be imminent and grave
3. The evil must be upon his person or property, or that of his spouse, descendants, or
ascendants
4. It is the reason why he enters into the contract
1336. Violence or intimidation shall annul the obligation, although it may have been
employed by a third person who did not take part in the contract.
1337. There is undue influence when a person takes improper advantage of his power over
the will of another, depriving the latter of a reasonable freedom of choice. The following
circumstances shall be considered: the confidential, family, spiritual and other relations
between the parties, or the fact that the person alleged to have been unduly influenced was
suffering from mental weakness, or was ignorant or in financial distress.
1338. There is fraud when, through insidious words or machinations of one of the
contracting parties, the other is induced to enter into a contract which, without them, he
would not have agreed to.
Causal Fraud or dolo causante
DEFINITION: Fraud employed by one party prior to or simultaneous with the creation of the
contract to secure the consent of the other. It is fraud used to induce the other party to enter into a
contract without which the latter would not have agreed to, taking into account the circumstances
of the case. The fraud must be that which determines or is the essential cause of the contract.
HOW IT IS COMMITTED:
1. Insidious words or machinations – these include false promises, exaggerated expectations
or benefits, abuse of confidence, fictitious names, qualities or power
a. Insidious machinations – deceitful schemes or plot with an evil design, in other
words, with a fraudulent purpose
b. Fraud – embraces all the multifarious means which human ingenuity can device
