Text of the provision
Art. 1397. The action for the annulment of contracts may be instituted by all who are thereby obliged principally or subsidiarily. However, persons who are capable cannot allege the incapacity of those with whom they contracted; nor can those who exerted intimidation, violence, or undue influence, or employed fraud, or caused mistake base their action upon these flaws of the contract.
(1302a)
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
Annulment may be sought by all who are principally or subsidiarily obliged. But a capable party cannot invoke the incapacity of the one he dealt with, and one who caused the vice (fraud, violence, etc.) cannot base an action on it.
Related provisions
- Article 1396 — Retroactive Effect of Ratification.
- Article 1398 — Mutual Restitution on Annulment.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.