CHAPTER 4: REFORMATION OF INSTRUMENTS ART.

1364 Ignorance, lack of skill, negligence or bad

faith of third person (clerk/typist/person drafting
ART. 1359 True intention is not expressed because of instrument) REFORMATION APRUB!
MFIA mistake, fraud, inequitable conduct or
accident. If MFIA prevented consent, annulment is ART. 1365 Mortgage or pledge of real or personal
remedy not reformation. property is agreed by 2 parties pero sabi ng instrument
the property is sold absolutely or with a right of
REFORMATION remedy allowed by law by means of repurchase. REFORMATION APRUB!
which a written instrument is amended or rectified; to
express real intention or agreement ART. 1366 - SITUATIONS NO REFORMATION ALLOWED
REQUISITIES: MNDPE Simple donations inter vivos wherein no condition
is imposed (inter vivos during lifetime)
Meeting of the minds
Wills last will and testament Patay na eh!
Not express true intention/agreement -Mntr, 2017
Due to MFIA Real agreement is void
Reformation sought put in issue by the pleadings ART. 1367 One party brought action to enforce
Clear and convincing evidence of MFIA instrument, he cannot subsequently ask for its
Reformation not available as remedy where no writing reformation
exists, or kung may writing man, no showing of any ART. 1368 WHO ARE ENTITLED TO REFORMATION
defect of consent.
Either of the parties
REFORMATION ANNULMENT In all other cases, injured party
There has been meeting Heirs or successors in interest, in lieu of the
No meeting of the minds.
of the minds. party entitled
Does not express the
Consent of one is vitiated
true intention bc of MFIA ART. 1369 Procedure for reformation governed by
Rules of Court (SC)

ART. 1360 Principles of the general law on reformation

are adopted insofar not in conflict with Civil Code. In
case of conflict, Civil Code prevails.
ART. 1361 MUTUAL MISTAKE mistake of fact that is
common to both parties of the instrument
REQUISITES OF MUTUAL MISTAKE:
Mistake of fact (if of law, annulment ang
remedy)
Clear and convincing evidence
Must be mutual
Mistake causes the failure to express true
intention
SITUATIONS ALLOWING REFORMATION
ART.1362 Mistake si A, Fraud or Inequitable conduct si
B REFORMATION APRUB!
may ask for reformation provided that mistaken
party is in good faith
mistake is not mutual
ART. 1363 Mistaken si A, Naniwala or alam ni B na
hindi yun ang true intention pero conceal that fact from
A REFORMATION APRUB!