SECTION OFFENDER/ ACTS PUNISHED/ PENALTY TORTFEASOR BREACH/CONTRAVENTION RA 386 1338 ANY PERSON MA -MATERIAL- • Kinds NATURAL-Art. 40-44 EMPLOYMENT OF INSIDIOUS WORDS RA 386 /MACHINATIONS/FALSE 1) Art. 1338 - Dolo causanti (fraud JUVENILE/MINOR REPRESENTATION/MISREPRESENTATI in obtaining consent –false AGE OF MAJORITY ON representation or SE-SERIOUS- misrepresentation-Art. JURIDICAL-Art. 40-44 ONE- 1342/deliberate intent to deceive) RA 386/BP 68 EMPLOYED BY 1 OF THE EFFECT – Art. 1390/1344 1st part – CORPORATIONS CONTRACTING PARTIES PARTNERSHIPS IN2DE- contract is voidable ASSOCIATIONS INTENTION TO DECEIVE REMEDY - Annulment CONSORTIUM/A RE- JOINT VENTURES OTHER PARTY RELIED ON SUCH 2) Art. 1344 2nd sent – Dolo COOPERATIVES MISREPRESENTATION incidenti (willful/fraud in performing the obligation/contract EFFECT/REMEDY – BREACH OF CONTRACT WITH DAMAGES EXAMPLE – Angel Locsin obliged himself to deliver to Luis Manzano 100 cavans of “sinandomeng” rice. Angel Locsin delivered 100 cavans of “sinandomeng” variety but mixed with “NFA” variety. 1339 ANY PERSON SAME AS ABOVE CONCEALMENT/FAILURE TO DISCLOSE FACTS PARTIES ARE BOUND BY CONFIDENTIAL RELATIONS 1340 ANY PERSON NOT FRAUDULENT
1341 ANY PERSON NOT FRAUDULENT
1342 ANY PERSON MISREPRESENTATION
THIRD PERSON SUBSTANTIAL MISTAKE MUTUAL 1343 ANY PERSON NOT FRAUDULENT-ERROR
1344 ANY PERSON MASE ONE IN2DE RE
1345 ANY PERSON SIMULATION OF CONTRACT
ABSOLUTE/RELATIVE
1346 ANY PERSON ABSOLUTELY SIMULATED CONTRACT
RELATIVELY SIMULATED CONTRACT RA 7394 CONSUMER ACT OF THE PHILIPPINES