Philippine Bar review · Question

Practice question: Reformation of Instruments

Multiple Choice Medium

Practice question

The parties reach a real agreement, but a typist's negligence causes the instrument to state different terms. What does Article 1364 permit?
  1. Judicial reformation so the instrument expresses the true intention.
  2. Automatic enforcement of every typing error regardless of proof.
  3. Creation of an unrelated agreement by the typist.
  4. Punishment of every witness without a hearing.
  5. Refusal of any remedy solely because the mistake was clerical.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 1364.

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