- Statute
- Civil Code
- Article
- Art. 1390
- Topic
- Statutory provision
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE II CONTRACTS
- Chapter
- CHAPTER 7 Voidable Contracts
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
Art. 1390. The following contracts are voidable or annullable, even though there may have been no damage to the contracting parties:
(1) Those where one of the parties is incapable of giving consent to a contract;
(2) Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud.
These contracts are binding, unless they are annulled by a proper action in court. They are susceptible of ratification. (n)
Intellegal Wiki · In plain terms
These contracts are voidable—valid and binding until a court annuls them—even if no party was actually harmed: those where one party could not legally give consent, and those where consent was obtained through mistake, violence, intimidation, undue influence, or fraud. Such contracts can also be ratified to cure the defect.
An editorially maintained plain-language explanation of this provision — not legal advice.
Key points
Voidable (annullable) contracts are valid and binding until annulled by a proper court action — those where a party is incapable of consent, or where consent is vitiated by mistake, violence, intimidation, undue influence, or fraud.
Cases applying this article
- Marcelino S. Andrino v. Top Services G.R. No. 237028
- Miguel Katipunan v. Braulio Katipunan, Jr. G.R. No. 132415
- Guiang v. Court of Appeals G.R. No. 125172
- The Roman Catholic Church v. Regino Pante G.R. No. 174118