JURADO REVIEWER – ENUMERATION

Essential Requisites of a contract

1. Consent of the contracting parties

2. Object certain which is the subject matter of the contract
3. Cause of the obligation which is established

Elements of Consent

1. Manifested by concurrence of the offer and the acceptance

2. Contracting parties must possess necessary legal capacity
3. The consent must be free, spontaneous, and real

To convert offer into a contract

1. Acceptance must be absolute

2. Must not qualify terms of offer
3. Must be plain
4. Must be unequivocal

Theories in order to pin-point the exact moment when a contract is perfected if the
acceptance by the offeree is made by means of a letter or telegram

1. Manifestation theory
2. Expedition Theory
3. Reception Theory
4. Cognition Theory

Who are incapacitated to give their consent to a contract

1 Unemancipated minors
2 Insane or demented persons
3 Deaf-mutes who do not know how to write
4 Married women of age in cases specified by law
5 Persons suffering from civil interdiction
6 Incompetents under guardianship

Exceptions to the rule that a contract entered into by an emancipated minor without the
consent or his parents or guardian is voidable?

1. When contract is entered into by a minor who misrepresents his age, applying the
doctrine of estoppel
2. Where the contract involves the sale and delivery of necessaries to the minor
 3. Where it involves a natural obligation and such obligation is voluntarily fulfilled by the
minor, provided that such minor is between 18 and 21 years of age
4. When it is a marriage settlement or a donation by reason of marriage, provided that the
minor is between 20 and 21 years of age, if male, or between 18 and 21 years of age, if
female
5. When it is a life, health, or accident insurance taken on the life of a minor, provided that
the minor is 18 years old or more and the beneficiary is the minor’s estate, or the
minor’s father, mother, husband, wife, child, brother, or sister

Who are prohibited from entering into a contract?

1. Insolvents before they are discharged by the insolvency court (Under the insolvency
law), they cannot encumber, alienate, or otherwise dispose of their properties
2. Non – christianss of Mindanao, sulu, mountain province, and nueva vizcaya
a. Under the revised administrative code, they cannot sell real property without
the written approval of the provincial governor or his representative
b. This rule is still intact under RA 3872 although the sale is now subject to the
approval of CHariman of Commission on National Integration
3. Husband and wife
a. General rule : they are prohibited from donating or selling property toe ach
other during marriage
4. Persons who are prohibited from giving each other any donation or advantage
a. NCC – they are prohibited from entering into a contract of universal partnership
5. Persons holding a fiduciary relation with respect to certain properties . Under the Article
1491, NCC – the following cannot acquire by purchase, even at a public or judicial
auction, in person or through the mediation of another :
a. The guardian, the property of the person or persons who may be under his
guardianship
b. Agents, the property whose administration or sale may have been intrusted to
them, unless the consent of the principal has been given
c. Executors and administrators, the property of the estate under administration
d. Public officers and employees, the property of the State or of any subdivision
thereof, or of any government owned or controlled corporation, or institution,
the administration of which has been intrusted to them; this provision shall
apply to judges and government experts who, in any manner whatsoever, take
part in the sale
e. Justices, judges, prosecuting attorneys, clerks of superiros and inferior courts,
and other officers and employees
i. Connected with the administration of justice, the property and rights in
litigation or levied upon the execution before the court within whose
jurisidciton or territory they exercise their respective functions
ii. This prohibition includes the act of acquiring by assignment and shall
apply to lawyers, with respect to the property and rights which may be
 the object of any litigation in which they may take part by virtue of their
profession
f. Any others specially disqualified by law

Vices of Consent

1. VICES OF THE WILL (vicious de la formacion de la voluntad)

a. Comprehends mistake, violence, intimidation, undue influence, and fraud
2. VICES OF DECLARATION (vicous de la declaracion)
a. All forms of contracts

Mistakes of fact which will render a contract voidable

1. MISTAKES AS TO OBJECT OF CONTRACT (ERROR IN RE)

a. Mistake as to the identity of the thing (error in corpore)
b. Mistake as to the substance of the thing (error in substancio)
c. Mistake as the condition of the thing, provided such condition has principally
moved one or both of the parties to enter into a contract
d. Mistake as to the quantity of the thing (error in quantitae) provided that the
extent or dimension of the thing was one of the principal reasons of one or both
of the parties for entering into the contract
2. MISTAKE AS TO PERSON (ERROR IN PERSONAM)