2020-21 The Law Pertaining to Private, Personal, and Commercial Relations, Q12

A seller posted an online advertisement for a “4-volume set of Tolentino’s Commentaries and Jurisprudence on the Civil Code of the Philippines, 100 pesos only.” A Bar candidate excitedly ordered it and paid through GCash. However, when the set was delivered, tears started to well in the Bar candidate’s eyes. Much to the Bar candidate’s bewilderment, the author was not Arturo Tolentino, the legal luminary as the candidate was made to expect, but Lorna Tolentino, the noted actor. The Bar candidate believes that the contract of sale should be rescinded and that damages are also proper. Is the Bar candidate’s position legally sound? Explain briefly.

Quick check

Under Article 1191 of the Civil Code, when is rescission of a reciprocal obligation proper?

Under Article 1331 of the Civil Code, what requirement must a mistake satisfy to invalidate contractual consent?

Why was the seller not guilty of breach of contract in delivering Lorna Tolentino's book set?

Under Article 1170 of the Civil Code, what is required to sustain a claim for damages in contracts?

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Why was the Bar candidate's demand for rescission and damages legally untenable?

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1. Rescission Grounds
Under Article 1191 in relation to Article 1381 of the Civil Code, rescission of a contract is a subsidiary or principal remedy available only upon a substantial breach of a reciprocal obligation or under specific statutory grounds involving economic lesion or fraud. Rescission is not a proper remedy for a party seeking relief from their own unilateral mistake or erroneous assumption regarding the identity or authorship of the object sold, provided no fraudulent misrepresentation was committed by the seller.

2. Unilateral Mistake Effect
Under Article 1331 of the Civil Code, in order that mistake may invalidate consent, it should refer to the substance of the thing which is the object of the contract or to those conditions which have principally moved one or both parties to enter into the contract. A simple mistaken assumption by the buyer regarding the identity of the author, made without any deceptive advertisement or misrepresentation on the part of the seller, does not constitute fraud nor does it automatically entitle the buyer to rescind the contract.

3. Breach of Contract
Under Philippine contract law, an action for damages requires proof of a breach of obligation or bad faith under Article 1170 of the Civil Code. Where a seller delivers the exact item advertised and described in the contract of sale, the seller performs its obligation in full. In the absence of breach, fraud, negligence, or delay on the part of the seller, no legal basis exists to hold the seller liable for damages suffered by the buyer.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026