CHAPTER 1

GENERAL PROVISIONS
Q: What is a contract?
A: Art. 1305 a meeting of minds between two
persons whereby one binds himself, with
respect to the other, to give something or to
render some service. (1254a)
Q: What are the Characteristics of
Contracts?
A: AMOR
1. AUTONOMY: Art. 1306. The contracting
parties may establish such stipulations,
clauses, terms and conditions as they may
deem convenient, provided they are not
contrary to law, morals, good customs,
public order, or public policy.
2.

MUTUALITY: Art. 1308. The contract must

bind both contracting parties; its validity or
compliance cannot be left to the will of one
of them.
Except:
Art. 1309. The determination of the
performance may be left to a third
person, whose decision shall not be
binding until it has been made known
to both contracting parties.
Art. 1310. The determination shall not
be obligatory if it is evidently
inequitable. In such case, the courts
shall decide what is equitable under
the circumstances. (n)

3.

OBLIGATORY: Art. 1315. Contracts are

perfected by mere consent, and from that
moment the parties are bound not only to
the fulfillment of what has been expressly
stipulated but also to all the consequences
which, according to their nature, may be in
keeping with good faith, usage and law.

4.

RELATIVITY: Art. 1311. Contracts take

effect only between the parties, their
assigns and heirs,
except in case where the
rights and obligations arising from
the contract are not transmissible
by their nature, or
by stipulation or
by provision of law.
The heir is not liable beyond the
value of the property he received
from the decedent.
Except: SA CAI
(Stipulation pour autrui)
If a contract should contain some
stipulation in favor of a third
person, he may demand its
fulfillment
provided
he
communicated his acceptance to
the obligor before its revocation. A
mere incidental benefit or interest
of a person is not sufficient. The
contracting parties must have
clearly and deliberately conferred a
favor upon a third person. (Art.
1311, par. 2.)
Requisites: CCPNN
1. Contracting parties by their
stipulation
must
have
clearly and deliberately
conferred a favor upon a
third person
2. 3rd person must have
communicated
his

acceptance to the obligor

before its revocation by the
oblige
or
the
original
parties
3. The stipulation in favor of
the 3rd person should be a
part and not the whole of
the contract or the contract
itself;
4. The favorable stipulation
should not be conditioned
or compensated by any
kind
of
obligation
whatever; and
5. Neither of the contracting
parties bear the legal
representation
or
authorization of the 3rd
party for otherwise the
rules on agency will apply
Accion Directa
Right of the lessor to go directly to
sublessee for unpaid rents of the
lessee. Right of the laborers or
persons who furnish material for a
piece of work undertaken by a
contractor to go directly to the
owner for any unpaid claims due to
the contractor
Contracts creating real rights
Art. 1312. In contracts creating real
rights, third persons who come into
ossession of the object of the
contract
are
bound
thereby,
subject to the provisions of the
Mortgage Law and the Land
Registration Laws. (n)
Accion Pauliana
Asking the court to rescind or
impugn all the acts which the
debtor may have done to defraud
his creditors
Art. 1313. Creditors are protected
in cases of contracts intended to
defraud them.
Inducement by a third person
Art. 1314.Any third person who
induces another to violate his
contract shall be liable for damages
to the other contracting party.
***contracts
creating
status
and
negotiorum gestio
Q: How are contacts classified?
A:
1. Ac to Name:
a. Nominate (has a specific name
of designation in law)
b. Innominate (do ut des/facias;
facio ut des/facias)
Q: What governs innominate Contracts?
A: SLAC
Art. 1307. Innominate contracts shall be
regulated by
1. stipulations of the parties, (stipulation)
2. provisions of Titles I and II of this Book,
(law)
3. rules governing the most analogous
nominate contracts, (analogous)
4. customs of the place. (n) (customs)
2.
3.
4.
5.

Ac to Perfection: Consensual and

Real
Ac to Cause: Onerous, Remuneratory,
Gratuitous
Ac to Form: Informal or common and
Formal or Solemn
Ac to Obligatory Force: Valid,
Rescissible, Voidable, Unenforceable,
Void or Inexistent

6.
7.
8.
9.

Ac to Person Obliged: Unilateral or

Bilateral
Ac to Dependence: Preparatory,
Accessory, Principal
Ac to Risks: Commutative, Aleatory
Ac to Liability: Unilateral, Bilateral

Q: When are real contracts perfected?

A: Art. 1316. Real contracts, such as deposit,
pledge and Commodatum, are not perfected
until the delivery of the object of the obligation.
(n)
Q: Unenforceable contracts
A: Art. 1317. General Rule: Unenforceable
when:
no authority or legal representation,

acted beyond his powers,

unless
ratified, expressly or impliedly,
by the person on whose behalf it has
been executed,
before it is revoked by the other
contracting party.

CHAPTER 2
ESSENTIAL REQUISITES OF
CONTRACTS
GENERAL PROVISIONS
Q: What are Essential Requisites of a
contract?
A: Art. 1318. There is no contract unless the
following requisites concur:
(1) Consent of the contracting parties;
(2) Object certain which is the subject matter
of the contract;
(3) Cause of the obligation which is
established. (1261)

SECTION 1.
CONSENT
Art. 1319.
Consent is manifested by
the meeting of the offer and the
acceptance (upon the thing and the cause
which are to constitute the contract).
The offer must be certain and the
acceptance absolute.
A qualified acceptance constitutes a
counter-offer.
Acceptance made by letter or telegram does
not bind the offerer except from the time it
came to his knowledge. The contract, in such a
case, is presumed to have been entered into in
the place where the offer was made. (1262a)
Art. 1320. An acceptance may be express or
implied. (n)
Q: Scope of offerors right?
A: Art. 1321. The person making the offer may
fix the
1. time,
2. place, and
3. manner of acceptance, all of which
must be complied with. (n)
Q: Reckoning point if offer is made
through an agent
A: Art. 1322. An offer made through an agent
is accepted from the time acceptance is
communicated to him. (n)

Q: When an Offer becomes ineffective:

A: Art. 1323. If, either party before acceptance
is conveyed
suffers
1. death
2. civil interdiction
3. insanity, or
4. insolvency
5. ***lapse of the period
6. ***Revocation of the offer before
learning of its acceptance
Contract of Option: a preparatory contract in
which one party grants to the other, for a fixed
period and under specified conditions, the
power to decide whether or not to enter into a
principal contract.
Q: When can an offer be withdrawn in a
contract of option?
A: Art. 1324. the offer may be withdrawn at
any time before acceptance by communicating
such withdrawal,
except when the option is founded upon
a consideration,
as something paid or
promised. (n)
Q: Crossing of Revocation and Acceptance
A: That which arrives first at its destination is
effective.
GR: the expression of the will of a person,
addressed to another does not become
effective except from the time it is received by
the latter.
No express acceptance intended,
tacit acceptance perfects contract, and the
subsequent receipt of a letter of revocation
is effective.

Express acceptance required

Contract will be perfected if the acceptance
is first to reach the offeror; and will not be
perfected if the revocation first reaches
offeree

Q: What are not definite offers?

A:
1. Art. 1325. business advertisements
of things for sale are not definite
offers, but mere invitations to make an
offer. (n)
Q: Why? Because the object is not
determinate
since
there
is
no
specification of essential elements of a
future contract. Therefore, it cannot
constitute an offer. (dapat
2. Art.
1326.
Advertisements
for
bidders are simply invitations to make
proposals, and the advertiser is not
bound to accept the highest or lowest
bidder, unless the contrary appears.
(n)
Except: Judicial Sales
Q: When is a contract Valid?
VOID?
A: Art. 1328 & 1329
VALID
VOIDABLE
1.Contracts 1. a state of
1.
entered
drunkenness
into
or
2.
during a 2. during a
lucid
hypnotic spell 3.
interval 3. consent is given
through
mistake,
violence,
4.
intimidation,

Voidable? Or
VOID
Unemancipat
ed minors;
demented
persons, and
deaf-mutes
who do not
know how to
write.
Absolute
simulation

undue
influence, or
fraud
4. mutual mistake
of law
5. substantial and
mutual
mistake upon
fraud
committed by
a third person
against both
parties
6. misrepresentati
on by experts
opinion
7. violence or
intimidation
by a 3rd
person

easy prey for deceit and

exploitation. (Sec. 2, Rule 92,
Rules of Court.)

DEFECTS OF THE WILL

Art. 1330. A contract where consent is given
through the following is voidable:
1.

Q: General rule: 1327 is void. Exception?

A:Exception:
1. necessaries sold and delivered to a
minor or other person without capacity
to act, he must pay a reasonable price
therefore
2. unemancipated minors may ratify the
contract upon reaching the age of
majority or entered by their guardian
and approved by the guardianship
court
3. J. Padilla: minors cannot be held in
estoppel
4. Lucid intervals
5. Emancipation of a minor for any cause
such as by marriage or by recorded
agreement, shall terminate parental
authority over his person and property
and he shall then be qualifi ed and
responsible for all acts of civil life.
6. .Art. 1329. The incapacity declared in
Article 1327 is subject to the
modifications determined by law, and
is understood to be without prejudice
to
special
disqualifications
established in the laws. (1264)
a. Insolvent not yet discharged
b. Incapacity to sell between HW
c. Contract to sell real property
made by a person w/ any nonchristian inhabitant
Incapacity to
give consent
Restriction
upon
exercising a right

SD
Restriction
the
very
itself
Void

upon
right

Voidable
Other SD by law:
(1) Under the Rules of Court, the
following are considered incompetents
and
may
be
placed
under
guardianship:
1. persons suffering the accessory
penalty of civil interdiction
2. hospitalized lepers;
3. prodigals (spendthrifts);
4. deaf and dumb who are unable
to read and write;
5. those who are of unsound mind
even though they have lucid
intervals; and
6. those who, by reason of age,
disease, weak mind and other
similar causes, cannot without
outside aid, take care of
themselves and manage their
property, becoming thereby an

MISTAKE (of fact)

a. Art. 1331. In order that mistake may
invalidate consent, it should refer to
a)
substance of the thing which is
the object of the contract, or to
b)
conditions
which
have
principally moved one or both
parties to enter into the contract.
c) identity or qualifications of one of
the parties when such have been
the principal cause of the contract.
b. Art. 1332. When one of the parties is
unable to read, or if the contract is in a
language not understood by him, and
mistake or fraud is alleged, the person
enforcing the contract must show that
the terms thereof have been fully
explained to the former.
c. Art. 1334. Mutual error as to the legal
effect of an agreement when the real
purpose of the parties is frustrated,
may vitiate consent. (mutual mistake
of law)
a) Mutual error
b) Error as to legal effect
c) frustrate the real purpose of the
parties.
d. Art. 1333. There is no mistake if the
party alleging it knew the doubt,
contingency or risk affecting the object
of the contract. (inexcusable error)
e. A simple mistake of account shall give
rise to its correction

2. VIOLENCE Art. 1335. There is violence

when in order to wrest consent, serious or
irresistible force is employed.xxx
A threat to enforce one's claim through
competent authority, if the claim is just or
legal, does not vitiate consent. *physical
*external
3. INTIMIDATION,There is intimidation
when one of the contracting parties is
compelled by a reasonable and wellgrounded fear of an imminent and
grave evil upon his person or property, or
upon the person or property of his spouse,
descendants or ascendants, to give his
consent.
a. To determine the degree of
intimidation, the age, sex and condition
of the person shall be borne in mind.
*moral*internal
b. Art. 1336. Violence or intimidation shall
annul the obligation, although it may
have been employed by a third person
who did not take part in the contract.
4. UNDUE INFLUENCE, Art. 1337. There is
undue influence when a person takes
improper advantage of his power over the
will of another, depriving the latter of a
reasonable freedom of choice. The
following
circumstances
shall
be
considered:
a. the confidential, family, spiritual and
other relations between the parties, or
the
b. fact that the person alleged to have
been unduly influenced was suffering

from mental weakness, or was ignorant

or in financial distress
5.

FRAUD Art. 1338. There is fraud when,

through insidious words or machinations of
one of the contracting parties, the other is
induced to enter into a contract which,
without them, he would not have agreed to
a. Concealment
Art. 1339. Failure to disclose facts,
when there is a duty to reveal them, as
when the parties are bound by
confidential relations, constitutes fraud.
Exception:
Caveat
Emptor
(innocent
nondisclosures)
b. Tolerated Fraud
Art. 1340. The usual exaggerations in
trade, when the other party had an
opportunity to know the facts, are not
in themselves fraudulent
Dolos Bonus (lawful misrepresentation)
c.

Expression of an Opinion
Art. 1341. A mere expression of an
opinion does not signify fraud, unless
made by an expert and the other party
has relied on the former's special
knowledge.

d. Misrepresentation
Art. 1342. Misrepresentation by a third
person does not vitiate consent, unless
such misrepresentation has created
substantial mistake and the same is
mutual.
Art. 1343. Misrepresentation made in
good faith is not fraudulent but may
constitute error
Art. 1344. In order that fraud may make a
contract voidable, it should be serious and
should not have been employed by both
contracting parties. Incidental fraud only
obliges the person employing it to pay
damages.
INCIDENTAL
FRAUD(1171)
Fraud in the fulfillment
of the obligation
Only gives rise to
action for damages
under 1344

DOLO
CAUSANTE(1338)
fraud simultaneous to
or prior to the consent
or the creation of the
obligation
Ground for annulment
of contract
Result of fraud is error
on part of the victim

Q: Requisites of Fraud
A:
OISI
1. Must have been employed by one
contracting party upon the other
(1342-44)
2. Must have induced the other party to
enter into a contract (1338)
3. Must have been serious (1344)
4. must have resulted in damage or injury
to the party seeking annulment
***must be alleged and proved by full, clear,
and convincing E.
Q: When is there Simulation of contracts?
A: declaration of fictitious will, deliberately
made by agreement of the parties, in order to
produce, for the purpose of deception, the
appearance of a juridical act which does not
exist or is different from that which was really
executed.
Art. 955 There is simulation when the juridical
nature of a contract is concealed under the

guise of another, or when the contract has

untrue clauses or incorrect dates, or when the
contract transmits rights to interposed persons
who are not the parties to whom they are in
reality to be transmitted.
1. Absolute - parties do not intend to be
bound at all; entirely fictitious - VOID
2. Relativeparties conceal their true
agreement. is employed to give a juridical
act an appearance which hides its true
character VALID if not prejudicial to
anyone
Q: Why is an
absolutely simulated
contract void?
A: due to want of true consent; there is no
intent to be bound; the contract is merely
illusory, a mere phantom.
Q: How is Absolute Simulation different
from Fraudulent Alienation?
A: AS implies that there is no existing contract,
no real act executed; while fraudulent
alienation means that there is a true and
existing transfer or contract. The former can be
attacked by any creditor, including one
subsequent to the contract while the latter can
be assailed only by the creditors before the
alienation.
In AS, the insolvency of debtor making the
simulated transfer is not a prerequisite to the
nullity of the contract; while in FA, the action to
rescind or accion pauliana requires that the
creditor cannot recover in any other manner
what is due him.
In AS, action to declare a contract as AS does
not prescribe; while Accion Pauliana to rescind
a fraudulent alienation is 4 years
Art. 1346. An absolutely simulated or fictitious
contract is void. A relative simulation, when it
does not prejudice a third person and is not
intended for any purpose contrary to law,
morals, good customs, public order or public
policy binds the parties to their real
agreement.
(n)

SECTION 2.
OBJECT OF CONTRACTS
Q: What is the concept of object of
contracts?
A: It is the subject matter of the obligation
arising from a contract which might a thing,
right, or service.
Requisites; Objects :CLPD
1. Must be within the commerce of men
(1347)
2. Must be licit, or not contrary to LMGPP
(1347)
3. Must be possible (1348)
4. Must be determinate as to its kind or
atleast determinable (1349)
Q: What may constitute as an object of a
contract?
A:
1. All determinate things w/c are w/I
commerce of men
2. future things
(determinate/determinable; maybe
conditional or aleatory)
3. rights which are not intransmissible
4. All not contrary to LMGPP
Except:
1. future inheritance (unless ok by
law)
a. succession has not yet been
opened
b. object of contract forms part of
the inheritance
c. promissor has, w/ respect to
the object, an expectancy of a
right which is purely hereditary
in nature
2. Absolutely/Objectively Impossible
things or services
a. If partly impossible, then the
valid divisible part subsists
Q: what are those
not within the
commerce of men?
A:
1. Services
which
require
absolute
submission
2. Personal rights (patria potestas, marital
authority)
3. Public offices
4. Properties of public dominion
5. Sacred things and common things
Art. 1349. The object of every contract must be
determinate as to its kind. The fact that the
quantity is not determinate shall not be an
obstacle to the existence of the contract,
provided it is possible to determine the same,
without the need of a new contract between
the parties. (1273)

SECTION 3.
CAUSE OF CONTRACTS
Q: What is the cause of contracts?
A: It is the why of the contract, the reason why
parties entered into the contract. It is the
prestation to be performed by the other
contracting party. It is the immediate direct and
proximate reason that moved the parties to
enter into a contract; the cause of each
party is the undertaking or prestation to
be performed by the other

E: A as seller and B as buyer entered into a

contract of sale involving a land. The cause of
A is the payment of B of the purchase price
while Bs cause in the contract is the obligation
on part of A to deliver the object of the
contract, which is the title of the land.
R: T-E-L (true, exist, licit)
CAUSE
Why of the
contracts;
essence

Cause need
not be
material at all
and may
consist in
moral
satisfaction

CONSIDERATIO
N
Reason, motive,
inducement
which moved
the man to bind
himself by
agreement;

MOTIVE
Particular
reason for
a
contracting
party,
which does
not affect
the other
and which
does not
impede the
true and
distinct
cause

Narrower
concept than
that of cause
More than a
moral duty

Q: Different kinds of contracts according

to cause:
A: 1350
1. Onerous
contracts: The
cause
is
understood to be, for each contracting
party, the prestation or promise of a thing
or service by the other. Such as in sale, for
the seller, what is the cause? The purchase
price. For the buyer? the thing to be
delivered. Because it is the prestation to be
performed by the other party.
2.

Remuneratory
contracts:
for
past
service or benefit which for by itself is a
recoverable debt. Supposed you saved
your neighbor's son and you yourself
suffered bruises. That is a recoverable
debt, you can demand payment for the
back service.

3.

Contracts of pure beneficence: the

cause is the liberality of the giver or the
benefactor.

Q: But is the cause the same as the

motive of the contract?
A: Art. 1351. The particular motives of the
parties in entering into a contract are different
from the cause thereof. (n)
: No. No matter how illegal the motive is for as
long as the cause is legal and lawful, it does
not affect the validity of the contract.
Exception: if the motive predetermines the
purpose of the contract then the motive
becomes the cause of the contract. In such
case, the motive may be regarded as a cause
for it predetermines the purpose of the
contract.
E: Lopez fell in love with Conchita, a 15 year
old girl. Because of Lopez' desire and lust for
the body of Conchita, he told the parents and
Conchita that he will be donating a parcel of
coconut land if you agree to cohabit with me.
The parents and Conchita consented and they
lived and had sexual intercourse. Then Lopez

died. Conchita now demanded for the delivery

of the parcel of land. The heirs of Lopez now
said that the motive predetermined the
purpose of the contract. And while it may be
true that the cause is the liberality, however
the real cause is the motive and the motive is
to have sexual intercourse. Conchita said the
cause is the liberality.
The SC said the contract is void. While it is true
that motive differs from the cause, still a
contract conditioned upon the attainment of an
immoral motive should be considered void. For
here, it may be regarded as cause when it
predetermines the purpose of the contract. It
cannot be said that the donation is a contract
of pure beneficence or a contract designed
solely and exclusively for the benefit of the
donee. The donation was designed both for the
benefit of the donee and satisfy the sexual
desire of Mr. Lopez. But because the donor
cannot invoke his own immorality, then the
more reasons that the heirs are barred in
questioning the validity of the donation.
Therefore Conchita is entitled to the land
In the MFR filed by the heirs, according to JBL
Reyes, the pari delicto rule cannot apply in the
case. Remember that Conchita is a minor, the
guilt of the minor cannot be judged with equal
severity with the guilt of an adult. Minors
occupy a privilege position before the law.
Q: What is the effect of absence of cause?
A: Art. 1352. Contracts without cause, or with
unlawful cause, produce no effect whatever.
The cause is unlawful if it is contrary to law,
morals, good customs, public order or public
policy. (1275a)
Q: What are the effects of a statement of
false cause?
A: Art. 1353. The statement of a false cause in
contracts shall render them void, if it should
not be proved that they were founded upon
another cause which is true and lawful. (1276)
Q: Presumption of Legal cause
A: Art. 1354. Although the cause is not stated
in the contract, it is presumed that it exists and
is lawful, unless the debtor proves the contrary.
(1277)
Q: Effect of Inadequate Cause or Lesion
A: Art. 1355. Except in cases specified by law,
lesion or inadequacy of cause shall not
invalidate a contract, unless there has been
fraud, mistake or undue influence. (n)

CHAPTER 3

E; VALID CONTRACTS
a) Oral contract of partnership, civil, or
commercial, irrespective of the amount
of the contribution of the partners
b) Oral contract of sale of real property
c) Exchange of land although not in
writing, nor is registration necessary if
the rights of innocent third parties or
subsequent
transferees
are
not
involved.
d) Lease of services
e) Verbal extrajudicial partition
f) Agency not in writing
E; FORMALITIES REQUIRED BY LAW
(1) AD
ESENTIA,
AD
SOLEMNITATEM
(required for validity)
(2) (REQUIRED
TO
AFFECT
THIRD
PERSONS)
Art. 1357. If the law requires a document or
other special form, as in the acts and
contracts enumerated in the following
article, the contracting parties may compel
each other to observe that form, once the
contract has been perfected. This right
may be exercised simultaneously with the
action upon the contract.
(3) Art. 1358. The following must appear in a
public document:
a. Acts and contracts which have for their
object the creation, transmission,
modification or extinguishment of real
rights over immovable property; sales
of real property or of an interest therein
a governed by Articles 1403, No. 2, and
1405;
b. The
cession,
repudiation
or
renunciation of hereditary rights or of
those of the conjugal partnership of
gains;
c. The power to administer property, or
any other power which has for its
object an act appearing or which
should appear in a public document, or
should prejudice a third person;
The cession of actions or rights proceeding
from an act appearing in a public document.
All other contracts where the amount involved
exceeds five hundred pesos must appear in
writing, even a private one. But sales of goods,
chattels or things in action are governed by
Articles, 1403, No. 2 and 1405. (1280a)
(4) AD PROBATIONEM (such as those
provided in statute of frauds)
(5) Negotiable instruments Law
(6) Donations of Personal property in
excess of 5k (must be accepted in
writing)
(7) Donations of Real property in excess
of 5k (must be made in a public
instrument)
(8) Principal and Interest in Antichresis
(must be made in writing)

FORM OF CONTRACTS
INTENT OVER FORM
Art. 1356. Contracts shall be obligatory, in
whatever form they may have been entered
into, provided all the essential requisites for
their
validity
are
present.
However,
requirement is absolute and indispensable: In
these cases, the right of the parties stated in
the following article cannot be exercised. :
1.
2.

when the law requires that a contract

be in some form in order that it may be
valid or enforceable, or
that a contract be proved in a certain
way,

CHAPTER 4
REFORM ATION OF INSTRUMENTS
Q: Why?
A: Equity dictates the reformation of an
instrument in order that the true intention of
the contracting parties may be expressed. 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.
Art. 1360. The principles of the general law on
the reformation of instruments are hereby
adopted insofar as they are not in conflict with
the provisions of this Code.
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.
Art. 1362. If one party was mistaken and the
other acted fraudulently or inequitably in such
a way that the instrument does not show their
true intention, the former may ask for the
reformation of the instrument.
Art. 1363. When one party was mistaken and
the other knew or believed that the instrument
did not state their real agreement, but
concealed that fact from the former, the
instrument may be reformed.
Art. 1364. When through the ignorance, lack of
skill, negligence or bad faith on the part of the

person drafting the instrument or of the clerk

or typist, the instrument does not express the
true intention of the parties, the courts may
order that the instrument be reformed.
Art. 1365. If two parties agree upon the
mortgage or pledge of real or personal
property, but the instrument states that the
property is sold absolutely or with a right of
repurchase, reformation of the instrument is
proper.
Art. 1366. There shall be no reformation in the
following cases:
(1) Simple donations inter vivos wherein no
condition is imposed;
(2) Wills;
(3) When the real agreement is void.
Art. 1367. When one of the parties has brought
an action to enforce the instrument, he cannot
subsequently ask for its reformation.
Art. 1368. Reformation may be ordered at the
instance of either party or his successors in
interest, if the mistake was mutual; otherwise,
upon petition of the injured party, or his heirs
and assigns.
Art. 1369. The procedure for the reformation of
instrument shall be governed by rules of court
to be promulgated by the Supreme Court.