Reviewer In Obligations and Contracts – Contracts – Chapter 4 (Reformation of Instruments) – Jerome D.

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Reviewer in Obligations and Contracts 2.) Wills

o Why? Because it is gratuitous. However, improper
Chapter 4 – Reformation of Instruments descriptions can be corrected
3.) When the Real Agreement is Void
Reformation – That remedy by means of which a written instrument is o If the real agreement is void, there is nothing to reform.
amended or rectified so as to express or conform to the real agreement 4.) When one party has brought an action to enforce the
or intention of the parties when by reason of mistake, fraud, inequitable instrument
conduct, or accident, the instrument fails to express such agreement or o Based on estopel. It is implied ratification
intention. C. Implied Ratification
o Someone who has filed an action to enforce the
A. Requisites instrument cannot subsequently ask for its reformation.
1.) Meeting of the minds upon the contract.
2.) The true intention of the parties is not expressed in the D. Procedure of Reformation
instrument. o Governed by the Rules of Court
3.) The failure of the instrument to express the true agreement is  However, the Supreme Court has not yet
due to mistake, fraud, inequitable conduct, or accident. promulgated the procedure for the reformation of
Ex. Garcia v. Bisaya – Bisaya executed a deed of sale in favor of instruments.
Garcia, which was erroneously labeled as unregistered when in fact
it was. Garcia asked for reformation but the Court did not allow so
because the deed failed to express the real agreement between the
parties. In fact, Garcia does not have a right to assert because the
land is registered. The proper remedy would have been to annul.
 Mutual Mistake (to reform)
o Mistake of fact
o It should be mutual
o Proof of mutual mistake should be clear and convincing
 Unilateral mistake (to reform)
o The other party must act fraudulently for the mistaken
party to ask for reform.
o If one party is mistaken and the other party concealed
that mistake, the instrument may be reformed.
 Mistake of Draftsman
o The court may order the instrument to be reformed.
 Mortgage of Pledge Stated as Sale
o The court may order the instrument to be reformed.
B. Cases Where No Reformation is Allowed
1.) Simple Donations inter vivos Wherein No Condition is
Imposed
o Why? Because it is gratuitous. However, improper
descriptions can be corrected