Dear PAO,
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.