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ARCHIPELAGO MANAGEMENT v. CA

This case has been cited 2 times or more.

2012-01-30
LEONARDO-DE CASTRO, J.
There is fraud when one party is induced by the other to enter into a contract, through and solely because of the latter's insidious words or machinations.  But not all forms of fraud can vitiate consent.  "Under Article 1330, fraud refers to dolo causante or causal fraud, in which, prior to or simultaneous with the execution of a contract, one party secures the consent of the other by using deception, without which such consent would not have been given."[29]  "Simply stated, the fraud must be the determining cause of the contract, or must have caused the consent to be given."[30]
2005-02-17
YNARES-SANTIAGO, J.
The issue of whether fraud attended the execution of a contract is factual in nature. Normally, this Court is bound by the appellate court's findings, unless they are contrary to those of the trial court, in which case we may wade into the factual dispute to settle it with finality.[15] After a careful perusal of the records, we sustain the Court of Appeals' ruling that the Deed of Absolute Sale dated November 24, 1989 is valid.