Text of the provision
Art. 1344. In order that fraud may make a contract voidable, it should be serious and should not have been employed by both contracting parties. Incidental fraud only obliges the person employing it to pay damages.
(1270)
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
To make a contract voidable, fraud must be serious (causal) and not employed by both parties. Incidental fraud (which only affected the terms) merely obliges the party who used it to pay damages.
Related provisions
- Article 1343 — Misrepresentation in Good Faith.
- Article 1345 — Simulation of Contracts.
Cases citing this article
- Coca-Cola Bottlers Phils, Inc. vs. Spouses Efren and Lolita Soriano, G.R. No. 211232, April 11, 2018 — read the decision on LawPhil →
- Paradigm Development Corporation of the Philippines vs. Bank of the Philippine Islands, G.R. No. 191174, June 7, 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.