Text of the provision
Art. 1359. When, there having been a meeting of the minds of the parties to a contract, their true intention is not expressed in the instrument purporting to embody the agreement, by reason of mistake, fraud, inequitable conduct or accident, one of the parties may ask for the reformation of the instrument to the end that such true intention may be expressed. If mistake, fraud, inequitable conduct, or accident has prevented a meeting of the minds of the parties, the proper remedy is not reformation of the instrument but annulment of the contract.
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
When there was a meeting of minds but the instrument fails to express the true intention due to mistake, fraud, inequitable conduct, or accident, a party may seek reformation to make the writing reflect the real agreement. If there was no meeting of minds at all, the remedy is annulment, not reformation.
Related provisions
- Article 1357 — Right to Compel Execution of Form.
- Article 1360 — General Law on Reformation.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.