Text of the provision
Art. 1361. When a mutual mistake of the parties causes the failure of the instrument to disclose their real agreement, said instrument may be reformed.
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 a mutual mistake causes the written instrument to fail to state the parties' real agreement, the instrument may be reformed to reflect what they actually agreed.
Questions about this provision
Related provisions
- Article 1362 — Reformation: Mistake of One, Fraud of the Other.
Cases citing this article
- Globe Asiatique Relaty Holdings Corporation vs. Union Bank of the Philippines, G.R. No. 229339, July 29, 2019 — 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.