Article 1367. When one of the parties has brought an action to enforce the instrument, he cannot subsequently ask for its reformation.
By: Kristia Capio
Artikulo 1367. Kapag ang isa sa mga partido ay nagsampa ng aksiyon upang maipatupad ang instrumento, hindi siya makakahiling ng malalim na pagbabago.
Article 1367 is based on estoppel (Art. 1431.) or ratification. When a party brings an action to enforce the contract, he admits its validity and that it expresses the true intention of the parties. The bringing of the action is thus inconsistent with reformation. There is no prohibition against joining in one action the reformation of instrument and its enforcement as reformed.
ILLUSTRATION
Anna sold Ben a car. Anna fraudulently made the contract one of chattel mortgage instead of sale. Both signed the contract of chattel mortgage, with Ben believing all the time that it was a contract of sale. Ben, therefore, has the right to bring an action for the reformation of the instrument; but if Ben brings an action to foreclose the mortgage, he is by said action enforcing the instrument. He cannot, therefore, subsequently ask for the reformation of the instrument to make it one of sale.
OBLIGATIONS AND CONTRACTS 