Quote Originally Posted by kmb333 View Post
Guys wala na po akong tinatago. Nag sinungaling lang ako na sa aunt ko ang kotse at issue yun sa kanya ng company car. Thats all po.
Rehistrado at updated lahat yun.
Naghihimutok siya dahil sinabi ko na first owner ang tita ko. Ayaw daw niya na marami na ang humawak sa oto dahil di na matetrace yung history.
Im just trying to make a living, sideline ko po ito..
in contracts, dalawang klase yung fraud natin:

1) dolo incidente or incidental fraud

2) dolo causante or causal fraud

causal fraud are deceptions or misrepresentations of a serious character employed by one party and without which the other party would not have entered into the contract.

incidental fraud are those deceptions which are not serious in character and without which the other party would still
have entered into the contract.

the effects of dolo causante are the nullity of the contract and the indemnification of damages

whereas, the effect of incidental fraud obliges the person employing it to pay damages, BUT it will not invalidate the contract.

now, YOU LIED. you MISREPRESENTED. but I don't think that your lie or misrepresentation will invalidate the contract of sale you and the buyer entered into UNLESS your misrepresentation that the car was owned by your aunt was the REASON he bought the car from you. Because you are guilty of incidental fraud in the performance of your obligation you will be liable for damages. contact is a law between the contracting parties, and those who are guilty of fraud in the performance of their obligation is also liable to pay damages. however, this is a judicial question which the court must determine how much.

you can also be charged (am not saying you are liable) with the criminal offense of OTHER FRAUD under Art. 318 of the revised penal code as this provision is a catch-all provision that applies on all instances of frauds not covered by Art. 315.