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Philippine Bar review · Question

Practice question: Reformation of Instruments

Multiple Choice Hard

Practice question

Parties actually agree on a valid price of fifty thousand. One secretly alters the instrument to five hundred thousand; the other signs by mistake. The true agreement and 1362 fraud facts are proved. Is mutual mistake indispensable?
  1. No; the stated one-sided mistake and fraud framework directly applies.
  2. Yes; deliberate fraud can never support reformation.
  3. Only a later bargain could ever be corrected.
  4. The wrongdoer may unilaterally enforce the altered amount.
  5. A signed instrument makes every hidden alteration lawful.

Legal references

  • Civil Code Articles748,1306,1319-1326,1356-1368,1372,1376 and1382-1389: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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