The principles of the general law on the reformation of instruments are hereby adopted insofar as they are not conflict with the provisions of this Code.
Ang panuntunan sa usaping pang batas para sa repormasyon ng mga intrumento are pinatotohan na tinanggap na kung saan hindi magkakaroon ng salungatan sa probisyon ng Kodigo na ito.
Jayme, et al. v. Alampay, et al.
Facts: A married couple entered into a contract of mortgage, but the instrument signed was one of absolute sale, so an action for reformation was brought. A motion to dismiss was filed on the ground that the property involved was already actually mortgage by the ostensible buyer to a third person.
Issue: Can the action for reformation may still prosper despite the mortgage in favor of the third person. If the plaintiffs should succeed in having the contract reformed, and thus get back their property (by paying the mortgage debt), the property would be theirs, subject only to the mortgage rights of the third person, or it may even be possible that the defendant would be ordered by the Court to free the property from the mortgage before giving the property to the plaintiffs. The motion to dismiss should be denied.
Obligations and Contracts 