Garcia V Bisaya

CIVIL LAW REVIEW 2
Atty Tizon
Garcia v Bisaya (1955)
Reyes, A, J.
Re: Reformation of Contracts
DOCTRINE
In Reformation of contracts, allegation of the real agreement or intention of parties
is essential since the object sought in an action for reformation is to make an
instrument conform to the real agreement or intention of the parties.
FACTS
On May 20, 1952, plaintiff filed a Complaint against the defendants in the Court of
First Instance of Oriental Mindoro, alleging that on November 12, 1938, defendants
executed in favor of plaintiff a deed of sale covering a parcel of land therein
described; that the said land "was erroneously designated by the parties in the deed
of sale as an unregistered land [not registered under Act 496, nor under the Spanish
Mortgage Law] when in truth and in fact said land is a portion of a big mass of land
registered under Original Certificate of Title No. 6579 in the Office of the Register of
Deeds of Oriental Mindoro"; that despite persistent demand from plaintiff to have
the error corrected, defendants have refused to do so. Plaintiff, therefore, prayed for
judgment ordering defendants to make the aforesaid correction in the deed of sale.
Answering the Complaint, defendants denied having executed the alleged deed of
sale and pleaded prescription as a defense. Traversing the plea of prescription,
plaintiff alleged, among other things, that he "was without knowledge of the error
sought to be corrected at the time the deed of sale was executed and for many
years thereafter," having discovered the said error "only recently".
Trial court dismissed the case on the basis of prescription.
ISSUE
Whether petition must be dismissed because of prescription.
HELD: YES, but not because action has prescribed but because there was
no cause of action.
Both appellant and appellees apparently regard the present action as one for the
reformation of an instrument under Chapter 4, Title II, Book IV of the new Civil Code.
Specifically, the object sought is the correction of an alleged mistake in a deed of
sale covering a piece of land. The action being upon a written contract, it should
prescribe in ten years counted from the day it could have been instituted.
Obviously, appellant could not have instituted his action to correct an
error in a deed until that error was discovered. There being nothing in the
pleadings to show that the error was discovered more than ten years before the
present action was filed on May 20, 1952, while, on the other hand, there is
allegation that the error was discovered "only recently", We think the action should
not have been dismissed as having already prescribed before the factual basis for
prescription had been established and clarified by evidence.
We note, however, that appellant's Complaint states no cause of action,
for it fails to allege that the instrument to the reformed does not express
the real agreement or intention of the parties. Such allegation is essential
CIVIL LAW REVIEW 2

Atty Tizon
since the object sought in an action for reformation is to make an instrument

conform to the real agreement or intention of the parties. [Art. 1359, new Civil
Code; 23 R. C. L., par. 2]. But the Complaint does not even allege what the
real agreement or intention was. How then is the Court to know that the
correction sought will make the instrument conform to what was agreed or intended
by the parties? It is not the function of the remedy of reformation to make a new
agreement, but to establish and perpetuate the true existing one.
Moreover, Courts do not reform instruments merely for the sake of reforming them,
but only to enable some party to assert right under them as reformed. [23 R. C. L.,
par. 2]. If the instrument in the present case is reformed by making it state that the
land therein conveyed is already covered by a Torrens certificate of title, what right
will the appellant, as vendee, be able to assert under the reformed instrument when
according to himself, or his counsel states in his brief, said title is in the name of
Torcuata Sandoval, obviously a person other than the vendor? Would not the sale to
him then be ineffective, considering that he would be in the position of one who
knowingly purchased property not belonging to the vendor?
Perhaps appellant's real grievance is that he has been led to enter into the contract
of sale through fraud or misrepresentation on the part of the vendor or in the
mistaken belief that, as stated in the deed, the property he was buying was
unregistered land. But if that be the case, Article 1359 of the new Civil Code
expressly provides that "the proper remedy is not reformation of the instrument but
annulment of the contract." Appellant's complaint, however, does not ask for the
annulment of the deed; neither does it contain allegations essential to an action for
that purpose.

Garcia V Bisaya

Uploaded by

Copyright:

Available Formats

Garcia V Bisaya

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Garcia V Bisaya

Uploaded by

Copyright:

Available Formats

CIVIL LAW REVIEW 2

Garcia v Bisaya (1955)

CIVIL LAW REVIEW 2

since the object sought in an action for reformation is to make an instrument

You might also like