Civil Code Art. 1338: Essential Requisites

Statute: Civil Code
Article: Art. 1338
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. 1269 of the old Civil Code
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

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. (1269)

Intellegal Wiki · In plain terms

Fraud exists when one contracting party uses deceptive words or scheming tricks to lead the other into a contract that person would not have entered without the deception. This kind of fraud strikes at the genuineness of consent and can be a ground to annul the contract.

An editorially maintained plain-language explanation of this provision — not legal advice.

Cases applying this article

Spouses Carmen S. Tongson v. Emergency Pawnshop Bula G.R. No. 167874
Rural Bank of Sta. Maria v. The Honorable Court of Appeals G.R. No. 110672
Sps. Celestino & Gliceria Balcon v. Treadsetter Philippines G.R. No. 212182

Related provisions in this Chapter

Civil Code, Art. 1339 Essential Requisites of Contracts
Civil Code, Art. 1335 Essential Requisites of Contracts
Civil Code, Art. 1334 Essential Requisites of Contracts
Civil Code, Art. 1343 Essential Requisites of Contracts
Civil Code, Art. 1332 Essential Requisites of Contracts
Civil Code, Art. 1331 Essential Requisites of Contracts
Civil Code, Art. 1345 Essential Requisites of Contracts
Civil Code, Art. 1346 Essential Requisites of Contracts

Civil Code, Art. 1338 is found in CHAPTER 2 Essential Requisites of Contracts of TITLE II CONTRACTS of BOOK IV Obligations and Contracts of the Civil Code of the Philippines (Republic Act No. 386).

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Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.