What are the requisites of violence and intimidation which will render the contract voidable?
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Dear PAO, Show
I was charged with estafa and violation of Batas Pambansa Blg. 22 (BP 22) in court. In order to escape criminal liability, I was able to convince the complainant to a compromise wherein I executed a promissory note to settle my obligation secured by a Real Estate Mortgage (REM). Accordingly, the court dismissed the complaint. Please enlighten me if I may later on ask the court to annul the REM on the ground that the main reason why I signed it was due to my fear from threat of being imprisoned, thus, my consent was actually vitiated when I signed it. Article 1330. A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable. By: Johannes Aquino Characteristics of consent. In order that consent may be sufficient for purposes of contract, it is required, not only that it exists. Aside from the requirement that consent must be manifested by the meeting of the offer and the acceptance (Art. 1319.), there is no valid consent unless: (1) It is intelligent. — There is legal capacity to act. (see Arts. 13271329.) The consent must be given with an exact notion over the thing consented to or the matter to which it refers. In the case of a juridical persons such as a corporation, consent may only be given through officers duly authorized by its board of directors; (2) It is free and voluntary. — There is no vitiation of consent by reason of violence or intimidation (see Art. 1330.); and (3) It is conscious or spontaneous. — There is no vitiation of consent by reason of mistake, undue influence, or fraud. Thus, Article 1330 enumerates in a negative manner the different requisites of consent. In addition, under Articles 1327, 1328, and 1329, the contracting parties must possess the necessary legal capacity. (Arts. 1327-1329.) Simulation of contract renders the apparent contract void. (see Arts. 1345-1346.) Vices of consent. Aside from incapacity and simulation of contract, the following are the causes that vitiate consent or render it defective so as to make the contract voidable: (1) error or mistake; (2) violence or force (Art. 1335.); (3) intimidation or threat or duress (Ibid.); (4) undue influence (Art. 1337.); and (5) fraud or deceit. (Art. 1338.) Why is this page out of focus?This is a Premium document. Become Premium to read the whole document. Why is this page out of focus?This is a Premium document. Become Premium to read the whole document. Why is this page out of focus?This is a Premium document. Become Premium to read the whole document. Why is this page out of focus?This is a Premium document. Become Premium to read the whole document. Why is this page out of focus?This is a Premium document. Become Premium to read the whole document. Why is this page out of focus?This is a Premium document. Become Premium to read the whole document. Why is this page out of focus?This is a Premium document. Become Premium to read the whole document. Why is this page out of focus?This is a Premium document. Become Premium to read the whole document. Why is this page out of focus?This is a Premium document. Become Premium to read the whole document. Why is this page out of focus?This is a Premium document. Become Premium to read the whole document. Why is this page out of focus?This is a Premium document. Become Premium to read the whole document. Why is this page out of focus?This is a Premium document. Become Premium to read the whole document. Why is this page out of focus?This is a Premium document. Become Premium to read the whole document. Why is this page out of focus?This is a Premium document. Become Premium to read the whole document. Why is this page out of focus?This is a Premium document. Become Premium to read the whole document. Why is this page out of focus?This is a Premium document. Become Premium to read the whole document. Why is this page out of focus?This is a Premium document. Become Premium to read the whole document. Why is this page out of focus?This is a Premium document. Become Premium to read the whole document. What are the requisites in order that intimidation may vitiate or annul consent of a party to a contract?Court of Appeals, the Court held that in order that intimidation may vitiate consent and render the contract invalid, the following requisites must concur: (1) that the intimidation must be the determining cause of the contract, or must have caused the consent to be given; (2) that the threatened act be unjust or ...
What are the requisites for the ratification of a voidable contract?Requisites of Ratification
The contract is a voidabe one. The confirmation is made by the injured contracting party. The confirming party has full knowledge of the vice or defect of the contract. The cause of voidability should have already ceased or disappeared at the time of the ratification.
What are the requisites of a contract?Thus, the three requisites for a valid contract concur: consent, object certain and consideration.
What are the five factors that makes a contract voidable?There are five vitiating factors, misrepresentation, mistake, duress, undue influence, and illegality.
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