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PLAINTIFF’S ALLEGATIONS LEGAL BASIS

1. In reference to No. 27 – Counsel for the plaintiff failed to In Solidbank Corporation v. Mindanao Ferroalloy Corporation,the Court discussed the nature of fraud that would
state the circumstancs surrounding the alleged fraud or annul or avoid a contract, thus:
forgery of the signature. The Rules of Court requires that
the the circumstances constituting fraud or mistake must Fraud refers to all kinds of deception - whether through insidious machination, manipulation, concealment or
be stated with particularity to enable the court to misrepresentation that would lead an ordinarily prudent person into error after taking the circumstances into
determine the type of fraud committed. account. In contracts, a fraud known as   dolo causante  or causal fraud is basically a deception used by one party
prior to or simultaneous with the contract, in order to secure the consent of the other. Needless to say, the deceit
SEE ITEM NO.34 employed must be serious. In contradistinction, only some particular or accident of the obligation is referred to by
incidental fraud or  dolo incidente, or that which is not serious in character and without which the other party would
have entered into the contract anyway.

Under Article 1344 of the Civil Code, the fraud must be serious to annul or avoid a contract and render it voidable.
This fraud or deception must be so material that had it not been present, the defrauded party would not have
entered into the contract. (Paradigm Development Corp. of the Phil v. BPI, G.R. No. 191174, June 7, 2017);

ART. 1344, CIVIL CODE. - RULE 8, SEC. 5: FRAUD, MISTAKE, CONDITION OF THE MIND – In all averments of fraud or
mistake, the circumstances constituting fraud or mistake must be stated with particularity. Malice, intent,
knowledge or other condition of the mind of the person may be averred generally.