ARTICLE

1335, 1336 and 1337

BAYAN, KIMBERLY C.
BAMA3A
ARTICLE 1335
There is violence when in order to wrest consent, serious or
irresistible force is employed.
There is intimidation when once of the contracting parties is
compelled by a reasonable and well-grounded fear of an imminent and
grave evil upon his person or property, or upon the person or property of
his spouse, descendants or ascendants, to give his consent.
To determine the degree of intimidation, the age, sex and condition
of the person shall be borne in mind.
A threat to enforce ones claim through competent authority, if the
claim is just or legal, does not vitiate consent.
Nature of violence or force
Violence requires the employment of physical force. Under Article
1335, to make consent defective, the force employed must be either
serious or irresistible. In either case, consent is not free.
Example:
If A signs a document because every time he refuses, he is hit by the
butt of a gun which causes blood to flow from his head, there is violence
because serious or irresistible force is employed to wrest consent.
Nature of intimidation or threat
Requisites:
1. It must produce a reasonable and well-grounded fear of an evil
2. The evil must be imminent and grave
3. The evil must be upon his person or property, or that of his spouse,
descendants, or ascendants
4. It is the reason why he enters into the contract.
Example:

If A signs the document because a gun is pointed at him by B who

threatens to kill him and he has no reason to believe that B will not carry
out his threat, the intimidation would vitiate consent.
But if A was merely intimidated that he would be shot by B and the
latter had no gun at the time of the threat, there is no intimidation as
contemplated in Article 1335 because the fear is not reasonable and wellgrounded since B is in no position to carry out his threat.
Suppose A signs the contract because of a threat to his honor or to
the life of his family, would there be intimidation just the same
considering the enumeration in the law? (par.2) If the consent of A is
vitiated just the same, it is believed that the threat amounts to
intimidation.
Factors to determine degree of intimidation
Whether or not the fear is reasonable and well-grounded or the evil
imminent and grave depends upon the circumstances including the:

Age

Sex

Condition of the
person

Threat to enforce just or legal claim

The threat of a court action as a means to enforce a just or legal
claim is justified and does not vitiate consent.
Example #1:
A owes B 5,000. If A fails to pay his obligation, a threat by B that he
would enforce collection through a court action does not vitiate consent.
But if B knows that A is not obliged to him and A pays B 5,000, or a
larger amount because of the threat, there is intimidation sufficient to
vitiate consent.
Example #2:
D committed a violation of law. E threatens to report D to the police
unless the latter gives him 5,000.
The threat of E amounts to intimidation because his claim is not
just or legal

ARTICLE 1336
Violence or intimidation shall annul the obligation, although it may
have been employed by a third person who did not take part in the
contract. (1268)
Article 1337
There is undue influence when a person takes improper advantage
of his power over the will of another, depriving the latter of a reasonable
freedom of choice. The following circumstances shall be considered: the
confidential, family, spiritual and other relations between the parties, or
the fact that the person alleged to have been unduly influenced was
suffering from mental weaknesses, or was ignorant or in financial distress.
(n)
Undue Influence
is influence of a kind that so over powers the mind of the party as to
destroy his free will and make him the will of another, rather than his own.
Example:
A, a tenant is in need of 10,000 to pay his landlord who is seeking to
eject him from failure to pay the rents. A tries to borrow from B but the
latter instead tells him to sell his piano for 10,000. A has nobody to return
for assistance.
If A does not want to sell the piano but he is compelled to sell it
because of his financial condition, the sale may be avoided on the ground
of undue influence.
Agreement between lender and borrower are closely scrutinized because they are
not always the arms length.

Art 1335
1. Violence - employment of serious or irresistible cause
2. intimidation - reasonable and well-grounded fear; imminent and grave evil.
To determine the degree of intimidation, the age, sex and
condition of the person shall be Bourne in mind.
A threat to enforce one's claim through competent authority, if the
claim is just or legal, does not vitiate consent.
Art 1336

Violence or intimidation shall annul the obligation, although it may have been
employed by a third person who did not take part in the contract
Violence by 3rd person
X was arrested, was suspected of the loss of jewelry of his neighbor, while he
was in jail, the police force him to execute a deed of sale but during the execution W
was not around. Is it valid?
No, Art 1336
Art 1337
When undue influence?
improper advantage
power over the will of another
deprivation of the latter's will of a reasonable freedom of choice
Example of undue influence
confidential, family, spiritual or other relation between parties
mental weakness
ignorance
financial distress (kapit patalim)
Undue influence must not be contrary to law but there is moral coercion.