Section 163.- If both parties acted with fraud, neither of them can allege it to avoid the act or to claim compensation.

 

Section 164.- A declaration of intention is voidable if made under duress.

Duress, in order to make an act voidable, must be imminent and so severe that makes him fear and without it, the act would not have been made.

 

Section 165.- The threat of the normal exercise of a right is not considered duress.

Any act made owing to reverential fear is not considered an act made under duress.

 

Section 166.- Duress vitiates the juristic act, even when it is exercised by a third person.

 

Section 167.- In determining the case of mistake, fraud or duress, the sex, age, position, health, temperament of the person made the intention and all other circumstances and environment which may relate to that act shall be taken into consideration.

 

Section 168.- A declaration of intention made to a person in his presence takes effect from the time when it becomes known to receiver of the intention. This also applies to the declaration of intention made by one person to the other through telephone, other communication devices, or other means through which similar communication can be made.

 

Section 169.- A declaration of intention made to a person not in his presence takes effect from the time when it reaches the receiver of the intention. It does not become effective if a revocation reaches him previously or simultaneously.

Even though the person who made a declaration of intention dies, becomes incompetent or quasi-incompetent by an order of the Court after it has been sent, the validity of the declaration is not impaired thereby.

 

Section 170.- If the declaration of intention is made to a minor or a person adjudged incompetent or quasi-incompetent, it cannot be set up against him unless his legal representative, guardian or curator, as the case may be, has knowledge of it or has given prior consent to it.

The provisions of paragraph one do not apply to the declaration of intention concerning any matter that the minor or the incompetent is required by law to make by himself.

 

Section 171.- In the interpretation of a declaration of intention, the true intention is to be sought rather than the literal meaning of the words or expressions.