- Statute
- Civil Code
- Article
- Art. 1330
- Topic
- Statutory provision
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE II CONTRACTS
- Chapter
- CHAPTER 2 Essential Requisites of Contracts
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
Art. 1330. A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable. (1265a)
Intellegal Wiki · In plain terms
When someone agrees to a contract because of mistake, violence, intimidation, undue influence, or fraud, that contract is voidable — it stays valid until the wronged party asks a court to annul it. This protects a person whose consent was not truly free or informed, letting them undo the deal on any of these grounds.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Miguel Katipunan v. Braulio Katipunan, Jr., the Supreme Court held: Affirmed with modification, holding the deed of absolute sale voidable under Articles 1330 and 1390 because the seller's consent was vitiated by fraud and undue influence given his limited education and mental condition, and ordered restitution of the property and the rentals collected, invoking Article 24's protection of disadvantaged parties.
One leading Supreme Court case applying this provision.
Key points
A contract in which consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable.
Cases applying this article
- Conchita Gloria v. Builders Savings G.R. No. 202324
- Cebu Winland Development Corporation v. Ong Siao Hua G.R. No. 173215
- Miguel Katipunan v. Braulio Katipunan, Jr. G.R. No. 132415