Text of the provision
Art. 1343. Misrepresentation made in good faith is not fraudulent but may constitute error.
(n)
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
Misrepresentation made in good faith is not fraud, but it may constitute error (mistake) with its own consequences.
Fraud, as a vice of consent, requires a deliberate act meant to deceive the other party into agreeing to something he otherwise would not have accepted. Where a party makes an inaccurate statement honestly believing it to be true, that lack of deceptive intent takes the case out of fraud altogether. The inaccuracy is not without consequence, however: if the mistaken statement caused the other party to labor under a false impression of a fact essential to the agreement, it may instead be analyzed as an error, governed by the Code's separate rules on mistake.
Questions about this provision
Related provisions
- Article 1342 — Misrepresentation by a Third Person.
- Article 1344 — Causal vs. Incidental Fraud.
Cases citing this article
- Josie Go Tamio vs. Encarnacion Ticson, G.R. No. 154895, November 18, 2004 — 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.