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 citing this article
- Rapid City Realty and Development Corporation vs. Lourdes Estudillo Paez-Cline alias Lourdes Paez-Villa, et, G.R. No. 217148, December 7, 2021 — read the decision on LawPhil →
- Equatorial Realty, et al. vs. Mayfair Theater, G.R. No. 106063, November 21, 1996 — read the decision on LawPhil →
- Allan Mañas, joined by wife Lena Isabelle Y. Mañas vs. Rosalina Roca Nicolasora, et, G.R. No. 208845, February 3, 2020 — read the decision on LawPhil →
- Teodulfo E. Lao, Jr. vs. Lgu of Cagayan De Oro City, G.R. No. 187869, September 13, 2017 — read the decision on LawPhil →
- Equitable PCI Bank, Inc (now known as Banco De Oro-EPCI, Inc.) vs. Heirs of Antonio C. Tiu, et al, G.R. No. 178529, September 4, 2009 — 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.