Text of the provision
Art. 2038. A compromise in which there is mistake, fraud, violence, intimidation, undue influence, or falsity of documents, is subject to the provisions of article 1330 of this Code. However, one of parties cannot set up a mistake of fact as against the other if the latter, by virtue of the compromise, has withdrawn from a litigation already commenced.
(1817a)
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
A compromise vitiated by mistake, fraud, violence, intimidation, undue influence, or false documents is voidable under Art. 1330 — but a party cannot plead mistake of fact if the other withdrew from a pending suit in reliance.
Related provisions
- Article 2037 — Compromise Has Effect of Res Judicata.
- Article 2039 — Concealed Documents.
Cases citing this article
- Domingo Realty, Inc., et al. vs. Court of Appeals, et al, G.R. No. 126236, January 26, 2007 — read the decision on LawPhil →
- Equitable PCI Banking Corporation vs. RCBC Capital Corporation, G.R. No. 182248, December 18, 2008 — read the decision on LawPhil →
- Maria Sheila Almira T. Viesca vs. Hon. Rebecca r. Mariano Pres. Judge etc, et al, G.R. No. 171698, July 4, 2007 — read the decision on LawPhil →
- Wilfredo and Swarnie Aromin vs. Paulo Floresca, et al, G.R. No. 160994, July 27, 2006 — read the decision on LawPhil →
- Philippine National Oil Company vs. The Hon. Court of Appeals, et al, G.R. No. 109976, April 26, 2005 — 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.