(B) A SPECIAL PROMISE TO ANSWER FOR THE DEBT, DEFAULT, OR

MISCARRIAGE OF ANOTHER;
“Special Promise” is a collateral promise such as a contract of guaranty where the guarantor
answers the liability of the principal debtor if the latter fails to comply with his obligation.
The rule: a promise to pay the debt of another person must be evidenced by some writing if it is a
“collateral promise of suretyship (or ‘guaranty’).” A collateral promise is one secondary or
ancillary to some other promise. A surety or guarantor (the terms are essentially synonymous) is
one who promises to perform upon the default of another.
Example: B agrees to pay C if A does not.
Here it is clear that there must be another agreement somewhere for A to pay C, but that is not
contained in this promise. Rather, B is making an agreement with C that is collateral—on the
side—to the promise A is making to C. Sometimes the other agreement somewhere for A to pay
C is actually in the same document as B’s promise to pay C if A does not. That does not make
B’s promise a direct promise as opposed to a collateral one.
© AN AGREEMENT MADE IN CONSIDERATION OF MARRIAGE OTHER THAN
MUTUAL PROMISE TO MARRY;
The agreement may be one entered into by reason of marriage such as marriage settlement and
donations propter nuptias. They are entered into by reason of an impending marriage.
A marriage settlement must be in writing for its validity and enforceability.
The term in “consideration of marriage” should read “by reason of marriage” because the cause
of a donation propter nuptias is not the marriage but the liberality of the giver.
Donations must be made prior to the celebration of marriage, In consideration of the same and
must be in favor of one or both of the spouses. As long as the agreement is in consideration of a
marriage to be celebrated yet, it must be in writing to make it enforceable.
(D) AN AGREEMENT FOR THE SALE OF GOODS, CHATTLES OR THINGS IN
ACTION, AT A PRICE NOT LESS THAN FIVE HUNDRED, PESOS UNLESS THE
BUYER ACCEPT AND RECEIVE OF SUCH GOODS AND CHATTLES, OR THE
EVIDENCES, OR SOME OF THEM, OF SUCH THINGS IN ACTION, OR PAY AT THE
TIME SOME PART OF THE PURCHASE MONEY; BUT WHEN A SALE IS MADE BY
AUCTION AND ENTRY IS MADE BY THE AUCTIONEER IN HIS SALES BOOK, AT
THE TIME OF THE SALE, OF THE AMOUNT AND PROPERTY SOLD, TERMS OF
SALE, PRICE, NAMES OF PURCHASERS AND PERSONS ON WHOSE ACCOUNT
THE SALE IS MADE, IT IS A SUFFICIENT MEMORANDUM;
As indicated by the law, all mentioned above must be in writing if the price is at least P500.00.
Otherwise, it is unenforceable and cannot be proved by oral evidence. The writing, note or
memorandum must be signed by the person charged or by his representative.
The signature of the seller is dispensed with, if the sale was effected at an auction sale. The law
did not say “public” auction. Hence, private auctions are included as the law made no distinction.
The entries made in sales book of the auctioneer at the time of the sale of the kind of property
sold, its amount, terms of the sale, price, names of purchasers and persons on whose account the
sale is made is considered a sufficient memorandum to make the sale enforceable.