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1.
TRANSITION
HEADLINE
Lets start with the first set of slides
Quotations are commonly
printed as a means of inspiration
and to invoke philosophical
thoughts from the reader
5 VICES OF CONSENT
Error or mistake (Article 1331)
Violence or force (Article 1335)
Intimidation or threat or duress (Article
1335)
Undue influence (Article 1337); and
Fraud or deceit (Article 1338)
1.MISTAKE
understood by him.
contents of the deed to S before S signed the document. There were
two witnesses who were there when the document was signed. After
the children of S learned about
2.VIOLENCE
When is there
intimidation?
There is intimidation when a person is
compelled to give his consent because of
a reasonable and well-grounded fear of an
imminent and grave evil :
a. his person or property; or
b. Upon the person or property of his
spouse, descendants, or ascendants.
. In the example above in
No. 11, if the two armed
companions of B did not
apply physical force on S but
merely threatened to kill him
by pointing the nozzle of their
guns to the head of S, it
would not be violence but
merely threat or intimidation.
Intimidation exerted upon Still, S can later on file an
the person of the injured action for annulment of the
contract but this time on the
party. ground of intimidation.
B threatened to burn down the
house of the son of S if S will not
sign the contract of sale
transferring ownership of a parcel
of land to B. S then signs the
Deed of Sale against his will for
fear that B might burn down the
house of his son. Under Article
1335, par. 2, even if it is not the
person or property of the injured
Intimidation exerted upon party himself that is being
threatened, the intimidation
the property of the injured employed by the guilty party will
partys descendant. be enough to make the consent of
the injured party defective.
intimidation or threat must
be of an unjust act, an
actionable wrong. Therefore,
a threat to enforce a just or
legal claim does not vitiate
consent. (Article 1335, par. 4)
Can S later on file an
action for annulment
of the contract of sale
against B on the
ground that he was
merely threatened and B was very much interested in buying a house and lot
owned by S which was located in the heart of Makati. B
intimidated to sell his wanted to convert the property into a restaurant which had
house and lot to B? the motif of the 60s. B knew very well that S was a
crooked businessman. Hence, B threatened S that if S will
not sell the house and lot to him, B will report him to the
BIR authorities. For fear that he will be prosecuted for tax
evasion and ordered to pay millions of back taxes, S sold
the land to B.
Will the action for
annulment filed by S
against B prosper
considering that the B wants to buy the land of S. B thinks that after he develops the
intimidation here was land, the present market value of the land, which is P5,000 per
exerted not by B but square meter, will rise to P50,000 per square meter. N is the
owner of a land next to the land of S. N thinks that he will also
by a third person N become a rich man if S sells the land to B because the valuation
of his property will also increase tremendously. Without the
who was not a party knowledge of B, N went to S and threatened S that if he does not
to the contract of sale sell the land to B, N will kill him. Since S knew that N had many
relatives from the Abu Sayaf, S was forced to sell the land to B.
between S and B? B was, of course, surprised but happy that S had changed his
mind about selling the property. Later on, S filed an action for
annulment of the contract of sale against B on the ground of
intimidation.
UNDUE INFLUENCE
When does undue
influence vitiate
consent? ARTICLE 1337
Tony has not been able to pay his rentals for two
months worth P12,000. His landlord has
threatened to eject him from the apartment if he
does not pay his overdue rentals in three days.
Tony goes to his friend Gene and tries to borrow
money. Instead of lending him money, Gene
Will Tony be able to convinces Tony to sell to him the grand piano
recover his precious which Tony inherited from his grandfather for
P30,000. Tony sells the piano to Gene because
grand piano from B? he has no one else to turn to for help. Later,
Tony files an action for annulment of the contract
of sale of the grand piano against Gene.
FRAUD
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