CHAPTER 7
QUESTIONS
Bautista, Norshelle S.
1. What is the effect of ratification
in a contract?
2. K sold his dog to M. On the
petition of K, the sale was annulled
by the court but the dog dies in the
possession of M without his fault.
What are the rights of the party?
3. In the same problem, suppose
that the dog died due to a
fortuitous event. What are the
rights of the party?
Tenorio, Femalyn
1. Who may ratify the contract
which was entered by
incapacitated person?
2. B entered into contract of sale of
motor vehicle with S. Few months
after the sale, R, the registered
owner of the motor vehicle, filed a
complaint for annulment of
contract of sale that S executed
with B and argued that his consent
was vitiated. He did not intend to
sell his motor vehicle but only to
lease it. Is the contract valid or
voidable?
ANSWERS ARTICLE PAGE
1. Ratification cleanses the contract Article 1392 Pg. 433
of all its defects from the moment it
was executed. In addition, the effect
of ratification is to make the contract
valid from its inception subject to
the prior rights of the third person.
2. Under Article 1400, if the thing is Article 1400 Pg. 440
lost in possession of M but without
his fault there is no more obligation
to return that thing.
3. If it is because of fortuitous event, Article 1402 Pg. 441
M can refuse to return the
purchased price and as injured party
M has the right to demand the value
of the dog with damages.
1. As a legal representative of their Article 1394 Pg. 435
wards, the guardians have the power
to contract on their behalf which
also allows them to ratify contracts
entered by their wards. The injured
party himself provided that he is
already capacitated.
2. Yes because even there has been Article 1390 Pg. 431
no damage. S is incapable of giving
consent to the contract and that
consent is vitiated and there us a
violation in consent
3. What is the effect if the party 3. There will be no annulment if the Article 1402 Pg. 441
cannot restore what he is bound to party cannot restore what he is
return? bound to return. This is true even if
the loss is due to fortuitous event.

Soriano, Clarisse Joy L.

1. Under the duty of mutual 1. The value thereof with the Article 1398 Pg. 439
restitution upon annulment, where corresponding interest
there is personal obligation and the
service has been rendered, what
would be the basis for damages?

2. The guilty party, including his 2. The principle that he who comes Article 1397 Pg. 438
successor in interest, cannot ask to court must come with clean hands
for annulment. This rule is
sustained by what principle?

3. What is created when a contract 3. A reciprocal obligation of Article 1402 Pg. 441
is annulled? restitution.

Gatlabayan, Mark Bien I.

1. It extinguishes the action to 1. Ratification Article 1392 Pg. 433
annul a voidable contract. It means
that one voluntarily adopts or
approves some defective or
unauthorized act which, without
his subsequent consent, would not
be binding on him.

2. A contract entered into by an 2. The guardian; the injured party Article 1394 Pg. 435
incapacitated person may be himself provided he is already
ratified by: capacitated.

3. It is a kind of ratification that is 3. Express Article 1393 Pg. 434

manifested in words or in writing

Gravito, Danica M.
1. Can an incapacitated person file 1. No, because a Article 1391 Pg. 433
action for annulment within four minor is considered an
years from the date of discovery of incapacitated person thus giving him
mistake or fraud by the other no capacity to sue until his
party? guardianship ceases.
2. X, a minor, sold his land to Y.
Upon reaching the age of majority
(legal age), X, with full knowledge
of his rights and premises, instead
of repudiating the contract,
disposed of the greater part of the
proceeds, or collected the unpaid
balance of the purchase price from
Y
2. In this situation what kind of Article 1393 Pg. 434
ratification was manifested?
- Implied or Tacit Ratification
because there was no ratification
manifested in writing or express
ratification

3. Who can ratify contracts entered 3. His/her guardian, and also injured Article 1394 Pg. 435
by an incapacitated person? party himself/herself provided he is
already capacitated.

Malveda, Jona Lane N.

1. What will happen if a voidable 1. It become absolutely valid and can Article 1390 Pg. 432
contract is ratified? no longer be annulled.

2. When a contract is annulled, 2. Reciprocal Article 1402 Pg. 441

_______ obligation of restitution is
created.

3. When does ratification take 3. From the moment it was Article 1392 Pg. 433
effect? constituted

Biag, John Paul T.

1. Joseph defrauded Mary to enter 1. No. The guilty party has no right to Article 1397 Pg. 438
into the contract. Can Joseph ask ask for annulment because a person
for annulment of the contract? who comes to court must come with
clean hands.

2. Which party has no right to ask
for annulment?
2. The guilty party, including his Article 1397 Pg. 438
successor in interest, cannot ask for
annulment. This rule is sustained by
the principle that he who comes to
court must come with clean hands.

3. Fill in the blank: Ratification is 3. Unilateral Article 1395 Pg. 436

_____ act by which a party waives
the defect in his consent
Canja, Benedict B.
1.D is experiencing post-partum
depression. She entered a contract
stating that she will sell her house.
Can she ratify the contract after
she recovers?
2. F was defrauded by X. When will
the 4-year period for the action for
annulment starts?
3. J said to H, who was the one
who bought J’s property when the
latter was a minor, that he will
collect the remaining unpaid
balance of H for the sale of the
property. Is the contract ratified?
Meneses, Nico A.
1. Give the difference between
VOID and VOIDABLE.
2. X and Y entered into a contract.
But X is minor. Is the contract void?
3. Ratification extinguishes the
right of action to annul. TRUE OR
FALSE
Manlangit, Czarina Joy B.
1. Kristen sold one of her sows to
Jordan, not knowing it was
pregnant. On her petition, the
contract was annulled by the court.
But the pig died in Jordan’s
possession through fortuitous
event. What are the rights of the
parties?
2. What are the two different
requisites which are required to
confer the necessary capacity to
1. Yes. The contact may be ratified Article 1394 Pg. 435
by the party himself provided he is
already capacitated.
2.When the fraud is discovered. Article 1391 Pg. 433
3. Yes. Ratification can be done Article 1393 Pg. 434
orally.
1. Void is invalid contract it may be Article 1390 Pg. 431
against to law, customs, and public 1409 457
policy while Voidable is valid but
may be void or annul in case the
contract brings contrary to law,
policy and etc.,
2. No, because it is valid but Article 1390 Pg. 431
voidable. X is not incapable of giving
consent to the contract.
3. TRUE, because the purpose of Article 1392 Pg. 433
ratification is to clean the defects in
contract so there’s no need to annul.
1. Jordan has no more obligation to Article 1401 Pg. 440-
return the thing lost. While Kristen 1402 442
isn’t compelled to restore what in
virtue of the decree of annulment
she’s bound to return. She, also as
an injured party, has the right to
demand the value of the sow with
damages.
2. (1) The plaintiff must have an Article 1397 Pg. 437
interest in the contracts
bring an action for annulment of a
contract?
3. X sold you a house and lot. The
consent of X was vitiated by undue
influence. Subsequently, X sold the
same property to Z. Does Z, as a
stranger to the contract of sale
between you and X, has a right of
action?
Manuel, Elomaisa Joy M.
1.________ are those which
possess all the essential requisites
of a valid contract but one of the
parties is incapable of giving
consent or consent is vitiated by
the vises of consent.
a. Unenforceable Contracts
b. Voidable Contracts
c. Void or Inexistent Contracts
2. What is the effect of ratification
retroactive?
3. Abc sold his plow and carabo to
Def. On the petition of Abc, the
contract was annulled by the court.
But the carabao died in the
possession of Def through his fault.
Is Def liable?
Bariring, Margarita C.
1. Should B ask for the consent of
R, the guilty party, in ratifying the
contract?
2. What is a tacit ratification?
(2) The victim and not the party
responsible for the defect is the
person who must assert
the same.
3. Yes. Z can bring an action to annul Article 1390 Pg. 431
the sale. Since the consent was 1397 437
vitiated by undue influence.
1. B. Voidable Contracts Article 1390 Pg. 431
2. The effect of ratification is to Article 1396 Pg. 436
make the contract valid from its
inception subject to the prior rights
of third persons.
3. Yes, Def must pay the value of the Article 1400 Pg. 440
carabao at the time of its death, with
interest from the same date. If the
carabao had given birth, the young
must also be delivered as the fruit of
the said animal.
1. No, because according to Art. Article 1395 Pg.435
1395, the ratification does not
require the conformity of the
contracting party who, in the first
place, has no right to bring the
action for annulment.
2. Those that are manifested Article 1393 Pg. 434
through silence, acts showing
adoption or approval of a contract,
 or by acceptance and retention of
benefits flowing therefrom.

3. Is the successor of A allowed to 3. No. “He who comes to court must Article 1398 Pg. 438
ask for annulment given that A is come with clean hands.”
the guilty party?

Jimenez, Felice
1. What causes a contract to be 1. This kind of defective contract is Article 1390 Pg. 431
voidable? caused by the vices of consent,
namely: fraud, intimidation,
violence, undue influence or
mistake.

2. A voidable contract is originally 2. The contract remains valid and Article 1390 Pg. 431
considered to be legal and enforceable.
enforceable but can be rejected if
the contract is discovered to have
defects. But if the party with the
power to reject the contract
chooses not to despite the defect,
what happens to the contract?

3. In case of mistake or fraud, why
is it that the 4-year period for
bringing an action for annulment
shall begin from the time it was
discovered.
3. This must be so because before Article 1391 Pg. 433
the time of discovery, the innocent
party is unaware of the reason which
renders the contract voidable and
cannot also be expected to bring an
action in court.

Mariano, Alaina Dominique V.

1. Annulment is a principal action 1. True Article 1390, Pg. 431-
unlike rescission which is merely Differences 432
subsidiary. True or false? between
action for
annulment
and rescission

2. What is the period to bring 2. 4 years from time defect of Article 1391, Pg. 433
action for annulment in cases of consent ceases Period for
intimidation, violence and undue filing action
influence? for annulment

3. What is the period to bring 3. 4 years from time of discovery Article 1391, Pg. 433
action for annulment in cases of Period for
mistake and fraud? filing action
for annulment
Silos, Gian Selwyn Joy
1. The requisites for express
ratification are the same as those
implied ratification except for?
2. What are the two kinds of
ratification?
3. Is it possible for a contract to be
both rescissible and voidable?
Caparas, Jessner R.
1. What are the requisites of
implied ratification?
2. What is the effect of ratification?
3. True or false: Violation of
consent, where the vitiation is
done by mistake, violence,
intimidation, undue influence, or
fraud is not a cause for a contract
to be voidable.
Buenaflor, Pia Josette S.
1. What is ratification?
1. The former is effected expressly Article 1393 Pg. 435
2. Express and implied or tacit Article 1393 Pg. 434
3. Yes, if the required condition for Article 1390 Pg. 431
both are present.
1.-There must be knowledge of the Article 1393 Pg. 434
reason which renders the contract
voidable;
-Such reason must have ceased;
and
-The injured party must have
executed an act which necessarily
implies an intention to waive his
right.
2. It cleanses the contract from all its Article 1392 Pg. 433
defects from the moment it was
constituted. The contract thus
becomes valid. Hence the action to
annul is extinguished.
3.False. It is a defect that can cause a Article 1390 Pg. 432
contract to be voidable
1. Ratification means that one Article 1392 Pg. 433
voluntarily adopts or approves some
defective or unauthorized act or
contract which, without his
subsequent approval or consent,
would not be binding on him. It
indicates an intention on the part of
the ratifier to be bound to the
provisions of the contract.
2. When is the right of minors to
annul?
3. What contracts are voidable or
annullable?
Maaño, Crista Grace L.
1. An oral contract of
commodatum, whereby F, 17 years
old, lent his cellphone to B, 22
years old for a week. Is it
considered valid?
2. What makes the contract
“voidable” only and not void?
3. Contracts entered into a state of 3. B. Voidable
drunkenness or during a hypnotic
spell are:
a. Valid
b. Voidable
c. Rescissible
d. Void
Bosi, Rosel
1. What do you call those
contracts which possess all
the essential requisites of a
valid contract but one of
the parties is incapable of
2. The right of action of a minor to Article 1391 Pg. 432
annul a contract made in his
minority must be exercised within
four years following the date when
he was released from guardianship,
and if not existed within this time it
prescribes
3. Those where one of the parties is Article 1390 Pg. 431
incapable of giving consent to a
contract; b) those where the consent
is vitiated by mistake, violence,
intimidation, undue influence or
fraud
1. It’s valid but voidable because Article 1327 Pg. 342
minors cannot enter into a contract.
2. (1). Those where one of the Article 1390 Pg. 431
parties is incapable of giving consent
to a contract.
(2). Those where the consent is
vitiated by mistake, violence,
intimidation, undue influence or
fraud.
Article 1328 Pg. 343
1. Voidable or Annullable Article 1390 Pg. 431
Contracts
 giving consent, or consent
is vitiated by mistake,
violence, intimidation,
undue influence or fraud?

2. Fill in the blanks. Under Article 2. Reciprocal Obligation Article 1402 Pg.441
1402, when a contract is annulled,
_____ of restitution is created.

3. Can the guilty party, including 3. No, they can’t. This rule was Article 1397 Pg. 438
his successor in interest, ask for sustained by the principle that he
annulment? Yes or no, and why? who comes in court must have clean
hands.

Faustino, Maria Joshie H.

1.True or False. The action of 1.False. Within four years Article 1391 Pg. 432
annulment shall be brought within
five years.

2. In case the contract is voidable 2. The party whose consent is Article 1394 Pg. 435
on the ground of mistake, vitiated
ratification can be made by the
party that is?

3. In an action for annulment of a 3.There is a tacit ratification Article 1393 Pg. 435
contract of sale, S alleged that the
sale was executed by him through
the threat and intimidation of B. It
appears, however, that S deposited
the check for the purchase price
and withdrew the money from
time to time. What kind of
ratification is this?

Jaicyl Anne Albaño

1.When can an action for 1. C Article 1391 Pg. 432
annulment shall be brought?
A. At fourth year
B. Before fourth year
C. Within four years
D. After four years

2. Ratification means 2. A Article 1392 Pg. 433

A. Cleanses all the defect from the
contract
B. Vitiation of consent
C. Indemnification of the damages
D. Annulment of the contract
3. If the thing to be returned is lost 3. B Article 1400 Pg. 440
without the fault of the person
obliged to make restitution,
A. The defendant is held liable
B. There is no more obligation to
return such thing
C. It will be taken to the court
D. The defendant will replace the
object

Santos , Meribe B.
1. Contract is voidable because of a 1. (1) legal incapacity to give Article 1390 Pg. 740
defect caused by? consent, where on of the parties is
incapable of giving consent to the
contract. (2) violation of consent,
where the vitiation is done by
mistake, violence, intimidation,
undue influence, or fraud.

2. Remedy provided by law, for 2. Annulment Article 1391 Pg. 741

reason of public interest, for the
declaration of the inefficacy of a
contract based on a defect or vice
in the consent of one of the
contracting parties

3. In case the contract is voidable 3. Ratification can be made by the Article 1394 Pg. 748
on the ground of mistake? party whose consent is vitiated.

Villadiego, Mark Anthony Q.

1. T/F. Annulment can be brought 1. False. Only the parties included in Article 1391 Pg. 741
by a third person. the contract may brought in
annulment.

2. T/F. Ratification may allow a 2. True. Ratification one of the ways Article 1392 Pg. 745
voidable contract to be valid and to make voidable contracts valid and
enforceable. enforceable.

3. Can a guardian or the 3. Yes, according to Art. 1394, the Article 1394 Pg. 747
incapacitated person be allowed to guardian and the incapacitated
ratify? person may ratify
Alfajaro, Ma. Annaliza A.
1. F alleged that the sale of his
horse was executed because G
threatened him. However, F
accepted G's payment and used
the money from time to time. Is
the contract can still be annulled?
2. What must be done if a contract
is annulled?
3. What is the effect if the loss of
thing to be returned is the fault of
the person obliged to make
restitution?
Tecson, Harley L.
1. True or False. A guilty party can
come to court and ask for
annulment.
2. Why is that a guilty party cannot
ask for annulment?
3. A sold his dog to B for P1000.
The contract was later annulled by
the court through A’s petition.
However, the dog died due to age
in B’s possession. What is the
obligation of B?
Bagacay, Cynthia Marie P.
1. G sold a car to Y for P500,000.
The consent of G was vitiated by
fraud. Subsequently, G sold the
same car to J.
A. J can buy the car for a lower
price
B. J can bring an action to annul
the sale
1. No, because the contract is Article 1393 Pg. 435
deemed ratified by F and according
to Article 1392, ratification
extinguishes the action to annul a
voidable contract.
2. The parties must restore to each Article 1398 Pg. 438
other the subject matter of the
contract with its fruits and the price
thereof with legal interest.
3. His obligation is not extinguished Article 1400 Pg. 440
but is converted into an indemnity
for damages consisting of the value
of the thing at the time of the loss
with interest from the same date
and the fruits received from the time
the thing was given to him to the
time of its loss.
1. False, because the guilty party Article 1397 Pg. 438
including his successor in interest,
cannot ask for annulment.
2. Because it is a rule sustained by Article 1397 Pg. 438
the principle that he who comes into
court must come with clean hands.
3. B has no obligation to return such Article 1400 Pg. 440
a thing since the loss of thing to be
returned is not his fault. But A
cannot also be compelled to restore
what he is bound to return
1. B. J can bring an action to annul Article 1397 Pg. 437
the sale
C. J cannot bring any action since
he is not under the contract
D. J cannot bring any action since
he is a stranger

2. M sold his male horse to Q. On 2. Q must pay the value of horse at Article 1400 Pg. 439-
the petition of M, the contract was the time of its death, with interest 440
annulled by the court. But the from the same date.
horse died in the possession of Q
through his fault. What must Q do?

3. Ratification cleanses the 3. Valid Article 1392 Pg. 433

contract from all its defects from
the moment it was constituted.
Therefore, the contract becomes
______.

Azarcon, Shania Via D.

1. True or false. Voidable contracts 1. False. Annulment of a contract Article 1391 Pg. 432
are valid and obligatory even when declares the inefficacy of it.
annulled.

2. True or false. To annul a 2. False. Annulment is a remedy Article 1391 Pg. 432
contract, no proper action in court specifically provided by the law.
is needed.

3. True or false. Once ratified, 3. True. As stated in Art. 1392 Article 1392 Pg. 433
voidable contracts become
absolutely valid and can no longer
be annulled.

Rival, Mel Jobert

1. Give the 2 types of contract that
is voidable/annullable.
1. Those where one of the party is Article 1390 Pg. 431
incapable of giving consent and
those where consent is vitiated by
mistake, undue influence, fraud,
violence or intimidation

2. It is an action that extinguishes 2. Ratification Article 1392 Pg. 433

the action to annul a voidable
contract

3. Why is ratification considered as 3. Because if we were to include the Article 1395 Pg. 436
a unilateral act? consent of the guilty party, he could
simply refuse to give his conformity
Sipsip, Jamezel Anne S.
1. S, 17 1/2 years old, sold his 1. S may no longer annul his contract Article 1393 Pg. 434
bicycle to B, 24 years old, for with B. There was implied
12,000.00. The price is payable in ratification when S upon reaching
12 monthly installments. After the age of majority continued to
reaching 18, S continued to collect collect the remaining instalments.
the remaining six instalments until
the price was paid in full. May S
annul his contract with B?

2. B forced S to sell the latter's
cow. Later, the cow gave birth to a
calf. If S should ratify the contract
after the birth of the calf, who is
entitled to the calf? Explain.
2. S, because ratification has a Article 1396 Pg. 436
retroactive effect. It validates the
contract from the date of its
execution.

3. D has been for more than 10 3. The deed of donation is voidable Article 1390 Pg. 431
years the personal physician of P, a on the ground of undue influence. par 2
sickly man of 70 years. D talked to
P almost every day in the course of
giving medical service to P to
convince P to donate his lot to D
since D told him that he was the
only one who could take care of
him. Because of the persistence of
D, P finally signed the deed of
donation of the lot in D’s favor
with all the formalities required by
law. Is the deed of donation valid?

Hernales, John Paul H.

1. A voidable contract remains 1. It is valid until annulled by a Article 1390 Pg. 431
valid and binding between parties proper action in court by the injured
until party

2. Is it allowed for G, Guardian of
M (a minor) to ratify the contract
entered by M?
2. Yes, guardians are entitled the Article 1394 Pg. 435
power to act and contract on the
behalf of their wards. And therefore,
G is allowed to ratify the contract
entered by M.

3. B bought a gold earring from S at
P 50 000.00, which is twice of its
fair market value. The former was
drunk during the transaction. The
following day, D asked for the
annulment of the contract, but she
also happen to lost the earring that
3. The thing here, in the possession Article 1401 Pg. 441
of the party who has the right to
bring the action of annulment, was
lost due to her fault therefore the
action of annulment is extinguished.
same night when she was already
sober. What are the actions for the
annulment?

Rias, John Clark A.

1. A contract is voidable if both 1: False. Those where one of the Article 1390 Page
parties are incapable of giving parties is incapable of giving consent 740-PDF
consent. True or false? Version

2. Is void and annullable the same? 2: No. Voidable and annullable are Article 1390 Page
those that are the same. 740-PDF
Version

3. Consent vitiated by violence is 3: False. It is only voidable. Article 1390 Page

void. True or false? 740-PDF
Version

Despabiladeras, Harvey M.
1. T/F A contract where both 1. False. The contract is Article 1403 Pg. 445
parties are incapable of giving unenforceable, unless they are
consent is voidable. ratified.

2. T/F If a party ratifies a voidable 2. False. Ratification extinguishes the Article 1392 Pg. 433
contract, he can subsequently ask action to annul a voidable contract
for its annulment.

3. T/F Ratification cleanses the 3. True. The effect of ratification is to Article 1396 Pg. 436
contract of all its defects from the make the contract valid from its
moment it was executed. inception subject to the prior rights
of third persons.

Cajanding, Jomer P.
1. If the ________ is based upon 1. Right Of action Article 1401 Pg.758
the incapacity of any one of the (pdf)
contracting parties, the loss of the
thing shall not be an abstacle to
the success of the action

2. ____ is necessary to annul a 2. Direct court action Article 1391 Pg.742

voidable contract, and until (pdf)
annulled or set aside by the court,
a party cannot relieve himself from
the obligations arising therefrom.

3. Ratification extinguishes the 3. Voidable Article 1392 Pg.745

action to annul a ______ contract. (pdf)
Operio, Shiela Mae C.
1. What is the effect of ratification?
1. Ratification cleanses the contract Article 1392 Pg. 433
from all its defects from the moment
it was constituted. The contract
becomes valid and the action to
annul is extinguished.

2. True or False. Ratification 2. False Article 1395 Pg. 435

requires the conformity of the
party who has no right to bring the
action for annulment.

3. True or False. The action for 3. False Article 1391 Pg. 433
annulment must be brought within
four years. In case of mistake, the
period begins to run from the time
it was committed.

Manlapig, Gabrielle Joy Y.

1. Complete the sentence: “(2) 1. Mistake, Violence, Intimidation, Article 1390 Pg. 431
Those where the consent is vitiated Undue Influence, Fraud.
by m_____, v_____, i______,
u_______, or f______.” State these
in no particular order.

2. Complete the sentence: 2. Ratification. Article 1392 Pg. 433

“R_______ extinguishes the action
to annul a voidable contract.”

3. May the guardian of the ward 3. Yes. Since they are the legal Article 1394 Pg. 435
ratify a contract? representative of their wards--
hence, they may ratify on their
behalf.

Mortel, Famela L.
1. In case of intimidation violence 1. From the time the intimidation Article 1391 Pg. 432
or undue influence, on what period ceases.
shall begin the action for
annulment of a contract.

2. True or False. Ratification does 2. True. Article 1395 Pg.435

not require the conformity of the
contracting party who has no right
to bring the action for annulment.
3. Ratification is a ____ act by 3. (a) Unilateral Article 1395 Pg. 436
which a party waives the defect in
his consent.
(a) Unilateral
(b) Bilateral
(c) Principal
(d) Subsidiary

Transfiguracion, Cayla Mae L.

1.What must be restored upon the 1. (1) The object of the contract with Article 1398 Pg. 439
annulment of contract? its fruits
(2) The price thereof with legal
interest
2. What are the contracts that 2. Voidable. Article 1390 Pg. 431
possess all the essential requisites
of a valid contract but there has
been a vice to the consent.

A. Voidable
B. Rescissible
C. Void
D. Unenforceable

3. If one party cannot return what 3. There will be no annulment Article 1402 Pg. 441
he is bound to return, is there an
annulment I effect?

Dela Cruz, Paul Vincent

1. D formed a contract with B. B’s 1. No, he doesn’t have the right to Article 1397 Pg. 437
friend told A, B’s brother, of the annul the contract of D and B.
fraudulent intention of D. Can A
annul the contract based on the
fraud of D?

2. The adoption or affirmation of a 2. Ratification Article 1392 Pg. 433

contract which is defective because
of a party’s vitiated consent or
incapacity.

3. D, a minor, entered into a
contract with C. D’s guardian
ratified the contract. Can D still
annul the contract in consideration
of him being a minor?
3. No, since ratification cleanses a Article 1396 Pg. 436
contract and extinguishes the
remedy to annulment.
Alfelor, Edmar Angelo D.
1. Which is a vice of consent?
A. Dolo
B. Donation
C. Ratification
D. Influence
2. Which is not a vice of consent?
A. Dolo Causante
B. Fraud
C. Dolo Incidente
D. Mistake
3. When can B, the guardian of C,
ratify a contract which C entered
into?
Dela Cruz, Yzhraelle Faith R.
1. What way of extinguishment
should a contract undergo if it is
deemed voidable?
2. Parties allowed to bring actions
in annulment
3. What is the exception to the
general rule of restitution
1. A. Dolo is fraud. Article 1390 Pg. 431
2. Dolo incidente is fraud caused Article 1392 Pg. 433
during the performance not in along
the acceptance or giving of the
consent.
If C is incapacitated to give consent – Article 1394 Pg. 435
when B is a guardian of C
1. The contract is voidable when a Article 1390 Pg. 432
party willingly or of unwilling
consent while annulment is the
remedy or declaration that the
contract is severed unduely.
2. Third parties are without right to Article 1397 Pg. 437
bring action unless they can show
detriment to form the contract with
no intervention. Guilty party cannot
bring action and ask for annulment.
3. If one of the parties are Article 1401 Pg. 441
incapacitated, they are not obliged
to make a restitution unless
benefited