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NATIONAL IRRIGATION ADMINISTRATION v. ESTANISLAO GAMIT

This case has been cited 2 times or more.

2007-07-04
AUSTRIA-MARTINEZ, J.
In order that an action for reformation of instrument may prosper, the following requisites must concur: (1) there must have been a meeting of the minds of the parties to the contract; (2) the instrument does not express the true intention of the parties; and (3) the failure of the instrument to express the true intention of the parties is due to mistake, fraud, inequitable conduct or accident.[9]
2002-06-06
QUISUMBING, J.
On the second issue, petitioners contend respondents failed to show, specifically, a cause of action for the reformation of the instrument in question.  Reformation is that remedy in equity by means of which a written instrument is made or construed so as to express or conform to the real intention of the parties.[17] As provided in Article 1359 of the Civil Code:Art. 1359.  When, there having been a meeting of the minds of the parties to a contract, their true intention is not expressed in the instrument purporting to embody the agreement by reason of mistake, fraud, inequitable conduct or accident, one of the parties may ask for the reformation of the instrument to the end that such true intention may be expressed.