- Statute
- Civil Code
- Article
- Art. 1391
- Topic
- Four-year period to annul a voidable contract
- 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
ARTICLE 1391. The action for annulment shall be brought within four years.
This period shall begin:
In cases of intimidation, violence or undue influence, from the time the defect of the consent ceases.
In case of mistake or fraud, from the time of the discovery of the same.
And when the action refers to contracts entered into by minors or other incapacitated persons, from the time the guardianship ceases. (1301a)
Key points
Article 1391 sets the prescriptive period for annulling a voidable contract: the action must be brought within four years.
The provision also fixes when the four years begin to run, and the starting point depends on the defect: for intimidation, violence, or undue influence, from the time the defect of consent ceases; for mistake or fraud, from the time of discovery; and for contracts entered into by minors or other incapacitated persons, from the time the guardianship ceases. It is read with Article 1390, which identifies which contracts are voidable, and with the rules on ratification.
Cases applying this article
- Belinda Alexander v. Spouses Jorge G.R. No. 256141
- Manuel O. Fuentes v. Conrado G. Roca G.R. No. 178902
- Purita Salvatierra v. The Honorable Court of Appeals G.R. No. 107797
- Maria Acosta Francisco v. Antonio Y. Montes G.R. No. 212801
- Fil-Estate Golf v. Felicidad Navarro G.R. No. 152575
- Maria Cabotaje v. Spouses Sotero Pudunan G.R. No. 134712
- National Development Co. v. Hon. Court of Appeals G.R. No. 98467
- Cornelia Clanor Vda. de Portugal v. Intermediate Appellate Court G.R. No. 73564
Other Supreme Court decisions also apply this article.