- Statute
- Civil Code
- Article
- Art. 1335
- Topic
- Essential Requisites of Contracts
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE II CONTRACTS
- Chapter
- CHAPTER 2 Essential Requisites of Contracts
- Formerly
- Art. 1267a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
There is violence when in order to wrest consent, serious or irresistible force is employed. There is intimidation when one of the contracting parties is compelled by a reasonable and well-grounded 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. To determine the degree of intimidation, the age, sex and condition of the person shall be borne in mind. A threat to enforce one's claim through competent authority, if the claim is just or legal, does not vitiate consent. (1267a)
Intellegal Wiki · In plain terms
Consent to a contract is defective if it was obtained through violence (serious or irresistible force) or intimidation (a reasonable, well-grounded fear of an imminent, grave harm to oneself, one's property, or one's close relatives). Courts weigh the person's age, sex, and condition in judging how much pressure was applied. Simply warning that you will pursue a just or lawful claim through the proper authorities does not count as intimidation and does not spoil consent.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Sylvia Lichauco de Leon v. The Hon. Court of Appeals G.R. No. 80965
- Binua v. Ong G.R. No. 207176
- Manuel T. de Guia v. Hon. Presiding Judge G.R. No. 161074
- Jocelyn B. Doles v. Ma. Aura Tina Angeles G.R. No. 149353