Text of the provision
Art. 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.
(1269)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
There is fraud when, through insidious words or machinations, one party induces the other into a contract he would not otherwise have made. This causal fraud makes the contract voidable.
Questions about this provision
Related provisions
- Article 1337 — Undue Influence.
- Article 1339 — Fraud by Concealment.
Cases citing this article
- Spouses Carmen Tongson and Jose Tongson vs. Emergency Pawnshop Bula, Inc. et al, G.R. No. 167874, January 15, 2010 — read the decision on LawPhil →
- Alejandro V. Tankeh vs. Development Bank of the Philippines, et al, G.R. No. 171428, November 11, 2013 — read the decision on LawPhil →
- Gloria Ocampo, et al. vs. Land Bank of the Philippines, et al, G.R. No. 164968, July 3, 2009 — read the decision on LawPhil →
- Coca-Cola Bottlers Phils, Inc. vs. Spouses Efren and Lolita Soriano, G.R. No. 211232, April 11, 2018 — read the decision on LawPhil →
- Joseph Harry Poole-Blunden vs. Union Bank of the Philippines, G.R. No. 205838, November 29, 2017 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.