Professional Documents
Culture Documents
A mistake of fact is just that: a mistake pertaining to some fact. For example, if you are 35 years old but I think
you are 34, I have made a mistake of fact. A mistake of fact can serve as a defense.
a. the substance of the thing which is the object of the contract
b. those conditions which have principally moved one or both parties to enter into the contract
c. the identity or qualications of one of the parties, provided, the same was the principal cause of the
contract
A mistake of law is where you are mistaken or ignorant about the law. For example, if you believe that you
don't have to come to a complete stop at a "Stop" sign when there are no other cars at the intersection, you
have made a mistake of law. Whether there are cars or not, you must come to a complete stop. In almost
every case, you will not be allowed to argue that you didn't know or misunderstood the law. That is, it won't
be a defense.
2. Intimidation An internal moral force operating in the will and inducing performance of an act.
a. It must produce a reasonable and well-grounded fear of an evil;
RELUCTANT CONSENT
GENERAL RULE: It is clear that one acts as voluntarily and independently in the eyes of the law when he acts reluctantly
and with hesitation as when he acts spontaneously and joyously. Legally speaking, one acts voluntarily and freely when
he acts wholly against his better sense and judgment as when he acts in conformity with them. Between the two acts,
there is no difference in law.
ART. 1332. When one of the parties is unable to read, or if the contract is in a language not
understood by him, and mistake or fraud is alleged, the person enforcing the contract must show
that the terms thereof have been fully explained to the former.
Dolo incidente (Incidental Fraud) is the fraud committed in the performance of pre-existing obligation; remedy is
damages
EXCEPTIONAL CASES IN FRAUD; GENERAL RULE OF FRAUD
1. Expression of opinion. To constitute fraud, the misrepresentation must refer to facts, not opinions. Ordinarily,
a mere expression of an opinion does not signify fraud. In order that it may amount to fraud, the following
requisites must be present:
a. It must be made by an expert;
b. The other contracting party has relied on the experts opinion; and
c. The opinion turned out to be false or erroneous.
2. Usual exaggerations in trade
ART. 1340. The usual exaggerations in trade, when the other party had an opportunity to know
the facts, are not in themselves fraudulent
3. Fraud by a third person.
ART. 1342. Misrepresentation by a third person does not vitiate consent, unless such
misrepresentation has created substantial mistake and the same is mutual
4. Misrepresentation made in good faith.
ART. 1343. Misrepresentation made in good faith is not fraudulent but may constitute error
Purpose: The purpose of simulation is to hide the parties true intent, or to deceive or defraud third persons.
Requisites:
1. An outward declaration of will different from the will of the parties;
2. The false appearance must have been intended by mutual agreement; and
3. The purpose is to deceive third persons.
KINDS OF SIMULATED CONTRACTS
1. Absolute simulation when the contract does not really exist and the parties do not intend to be bound at
all. Absolutely simulated or ctitious contracts are inexistent and void and are not susceptible of ratication.
The parties may recover from each other what they may have given under the contract.
2. Relative simulation when the contract entered into by the parties is different from their true agreement or
the parties state a false cause in the contract to conceal their real agreement. The parties are bound by their
real agreement, provided, it does not prejudice a third person and is not intended for a purpose contrary to
law, morals, good customs, public order, or public policy.
Kinds:
1. things (as in sale of property)
a. The thing must be within the commerce of men, that is, it can legally be the subject of commercial
transaction
b. It must not be impossible, legally or physically
c. It must be in existence or capable of coming into existence
d. It must be determinate or determinable without the need of a new contract between the parties
2. rights (as in assignment of credit)
a. As a general rule, all rights may be the object of a contract. The exceptions are when they are
intransmissible by their nature, or by stipulation, or by provision of law.
3. services (as in agency)
a. The service must be within the commerce of men;
b. It must not be impossible, physically or legally (Art. 1348.); and
c. It must be determinate or capable of being made determinate.
KINDS OF IMPOSSIBILITY
1. Physical when the thing or service in the very nature of things cannot exist (e.g., a monkey that talks) or be
performed. With particular reference to services, the impossibility may be:
a. Absolute when the act cannot be done in any case so that nobody can perform it (e.g., to y like a
bird, etc.); or
b. Relative when it arises from the special circumstances of the case (e.g., to make payment to a dead
person, to drive a car on ooded highways, etc.) or the special conditions or qualications of the obligor
(to paint a portrait by a blind person, etc.); or
2. Legal when the thing or service is contrary to law, morals, good customs, public order, or public policy. An
act is contrary to law, either because it is forbidden by penal law (e.g., to sell prohibited drugs, etc.) or a rule
of law makes it impossible to be done (e.g., to make a valid donation of real property without a public
instrument, to make a valid will, where the testator is under 18 years of age, etc.).
* Moral Obligation can be a valid cause for an Onerous Contract if the obligation arises entirely from ethical
consideration, demandable only in conscience and not in law, it cannot constitute a sufficient cause or consideration to
support an onerous contract. However, if the moral obligation is based on a previous civil obligation but rendered
ineffective due to prescription of the action, it constitutes a sufficient cause or consideration to support a onerous
contract. This, in effect is called performance of a natural obligation.
1. Acts and contracts which have for their object the creation, transmission, modication or extinguishment
of real rights over immovable property; sales of real property or of an interest therein are governed by
Articles 1403, No. 2, and 1405;
2. The cession, repudiation or renunciation of hereditary rights or of those of the conjugal partnership of
gains;
3. The power to administer property, or any other power which has for its object an act appearing or
STATUTE OF FRAUDS
Statute of Frauds is a legal concept that requires certain types of contracts to be executed in writing. The precise form
of the Statute of Frauds varies between jurisdictions, but generally requires a writing for the following types of
contracts:
1. Contracts for the sale of land;
2. Contracts for the sale of goods above a certain dollar amount;
3. Contracts that cannot be completed in less than one year; and
4. Contracts where one party is to pay the debt of another party.
In a breach of contract case where the statute of frauds applies, the defendant may raise it as a defense. In this case,
the burden of proof is on the plaintiff to establish that a valid contract was in existence.
Section 2. Admissibility. An electronic document is admissible in evidence if it complies with the rules on admissibility
prescribed by the Rules of Court and related laws and is authenticated in the manner prescribed by these Rules.
Section 3. Privileged communication. The confidential character of a privileged communication is not lost solely on
the ground that it is in the form of an electronic document.
Electronic document refers to information or the representation of information, data, figures, symbols or other
modes of written expression, described or however represented, by which a right is established or an obligation
extinguished, or by which a fact may be proved and affirmed, which is received, recorded, transmitted, stored
processed, retrieved or produced electronically.
Electronic signature means information in electronic form that a person has created or adopted in order to sign a
document and that is in, attached to or associated with the document
Accordingly, the person seeking to introduce an email correspondence or electronic document in any legal proceeding
has the burden of proving its authenticity.
Therefore, before any electronic document offered is received in evidence by the courts, its authenticity must be
proved by any of the following means:
1. by evidence that it had been digitally signed by the person purported to have signed the same;
2. by evidence that other appropriate security procedures or devices as may be authorized by the Supreme
Court or by law for authentication of electronic documents were applied to the document; or
3. by other evidence showing its integrity and reliability to the satisfaction of the judge
ARE COMPUTER PRINTOUTS ADMISSIBLE AS DOCUMENTS?
A printout copy may be presented as evidence and can be classified as an original document under the "Best Evidence
Rule" if it is a printout or output which is readable, and shown to reflect the data accurately.
For purposes of the REE, electronic document is the same as electronic data message.
Some examples of electronic data message or electronic evidence are files in computer hard drives and diskettes,
computer printouts, text messages (SMS), Facebook chats, multimedia messages (MMS) and CCTV footage.
MAY PLEADINGS BE FILED THRU FAX? (GO V. COMELEC CASE MAY 2001)
No. A facsimile or fax is not a genuine and authentic pleading. It is, at best, an exact copy preserving all the marks of
an original. Without the original, there is no way of determining on its face whether the facsimile pleading is genuine
and authentic and was originally signed by the party and his counsel. It may, in fact, be a sham pleading.
The Xerox or photocopies offered should, therefore, be stricken off the record. Aside from their being not properly
identified by any competent witness, the loss of the principals thereof was not established by any competent proof.
When the original document has been lost or destroyed, or cannot be produced in court, the offeror, upon proof of its
execution or existence and the cause of its unavailability without bad faith on his part, may prove its contents by a
copy, or by a recital of its contents in some authentic document, or by the testimony of witnesses in the order stated.
SEC. 2. Manner of authentication. Before any private electronic document offered as authentic is received in
evidence, its authenticity must be proved by any of the following means:
(a) by evidence that it had been digitally signed by the person purported to have signed the same;
(b) by evidence that other appropriate security procedures or devices as may be authorized by the Supreme
Court or by law for authentication of electronic documents were applied to the document; or
(c) by other evidence showing its integrity and reliability to the satisfaction of the judge.
SEC. 3. Proof of electronically notarized document. - A document electronically notarized in accordance with the rules
promulgated by the Supreme Court shall be considered as a public document and proved as a notarial document
under the Rules of Court.
A recording of the telephone conversation or ephemeral electronic communication shall be covered by the
immediately preceding section.