Professional Documents
Culture Documents
Course Outline
Course description: This course consists principally of the general laws on Contracts, Book IV,
Title II (Chapters 1 to 9), Civil Code of the Philippines, including Natural Obligations (Title III),
Estoppel (Title IV) and Trusts (Title V) and general laws on Prescription, Book III, Title V
(Chapters 1 to 3), Civil Code of the Philippines.
Course requirements:
Course objective:
The students are expected to have a detailed knowledge of the topics set below and sufficient
knowledge of related jurisprudence, legislations and relevant cases.
References:
Balane, R., Jotting and Jurisprudence in Civil Law (Obligations and Contracts) (2018)
Tolentino, A., IV Commentaries and Jurisprudence on the Civil Code of the Philippines (1990)
Contracts
B. Elements
1. Essential elements
a. Consent
b. Object
c. Cause
1
2. Natural elements
3. Accidental elements
C. Characteristics
3. Relativity
a. Contracts take effect only between the parties, their assigns and heirs - Art. 1311
Exceptions:
D. Parties
1. Auto-contracts
2
2. Freedom to contract – Art. 1306
a. Special disqualifications
Prohibited stipulations:
b. Contrary to morals
c. Contrary to good customs
d. Contrary to public order
e. Contrary to public policy
3
E. Classification
1. According to subject-matter
a. Things
b) Services
2. According to name
a. Nominate
b. Innominate – Art. 1307
1) do ut des
2) do ut facias
3) facio ut facias
4) facio ut des
3. According to perfection
a. Preparatory
b. Principal
c. Accessory
5. According to form
6. According to purpose
4
7. According to the nature of the vinculum produced
a. Unilateral
b. Bilateral or reciprocal
8. According to cause
a. Onerous
b. Gratuitous or lucrative
c. Remuneratory
9. According to risk
a. Commutative
b. Aleatory
F. Stages
1. Preparation
2. Perfection
3. Consummation or death
1. Stipulations in favor of third persons (stipulations pour autrui) – Art. 1311, 2nd par.
5
Daywalt v. La Corporacion de los Padres Agustinos
Recoletos, 39 Phil. 587 (1919)
So Ping Bun v. CA, 314 SCRA 751 (1999)
Gilchrist v. Cuddy 29 Phil 542
Lagon v. CA, 453 SCRA 616
1) Offer
2) Acceptance
b) Kinds
6
1. Manifestation theory
2. Expedition thory
3. Reception theory
4. Cognition theory – Art. 1319, 2nd par.
g) Business advertisements
c. The consent must be intelligent, free, spontaneous, and real – Arts. 1330-1346
3) Vices of consent
7
Hernandez v. Hernandez, March 9, 2011
a) Mistake or error
i. kinds
1. Mistake of fact
2. Error of law
8
c) Undue influence – Art. 1337
i. Kinds
e) Misrepresentation
9
Asiain v. Jalandoni, 45 Phil. 296
iii. Active/passive
f) Simulation of Contracts
1. absolute
2. relative
B. Object of Contracts
b. Future support
c. Impossible things or services – Art. 1348
10
C. Cause of Contracts
a. In onerous contracts
b. In remuneratory contracts
c. In contracts of pure beneficence
4. Presumption of the existence and lawfulness of a cause, though it is not stated in the
contract – Art. 1354
A. General rule: Contracts shall be obligatory, in whatever form they may have been entered
into, provided all the essential requisites for their validity are present. (“Spiritual system” of
the Spanish Code) - Art. 1356
11
B. Exception: When the law requires that a contract be in some form in order that it may be
valid or enforceable. (Anglo-American principle) - Art. 1356
1. Those required for the validity of contracts, such as those referred to in Arts. 748,
749, 1874, 2134, 1771, 1773;
2. Those required, not for validity, but to make the contract effective as against third
persons, such as those covered by Arts. 1357 and 1358; and
3. Those required for the purpose of proving the existence of the contract, such as those
under the Statute of Frauds in Art. 1403.
a. No Form:
b. Exception:
c. Prescriptibility:
12
4. Basis:
7. When Available:
13
Chapter V. Interpretation of Contracts
(Compare with Rules on Statutory Construction)
A. General Rule
a. in gratuitous contracts
b. in onerous contracts
7. When the doubts are cast upon the principal object so that the intention cannot
be known – Art. 1378
14
E. Applicability of Rule 123, Rules of Court (now Secs. 10-19, Rule 130); Art. 12 NCC, Sec. 2-3,
Rule 129 New Rules of Evidence; Sec. 10-19, Rules of Court;
DEFECTIVE CONTRACTS
Chapter VI. Rescissible Contracts
B. Characteristics
1. Their defect consists in injury or damage either to one of the contracting parties or to
third persons.
2. They are valid before rescission.
3. They can be attacked directly only, and not collaterally.
4. They can be attacked only either by a contracting party or by a third person who is
injured or defrauded.
5. They can be convalidated only by prescription, and not by ratification.
1. Definition
2. As distinguished from rescission under Art. 1191 and Art. 1592
3. Requisites:
15
4. Effect of rescission – Art. 1385
a. with respect to third persons who acquired the thing in good faith – Art. 1385,
2nd and 3rd par.
a. Badges of fraud
7. Liability for acquiring in bad faith the things alienated in fraud of creditors – Art. 1388
8. Others: Articles 1098, 1189, 1526, 1534, 1539, 1542, 1556, 1560, 1567, 1659;
9. Subsidiary Action:
10. Restriction:
16
Chapter VII. Voidable or Annullable Contracts
B. Characteristics
1. Their defect consists in the vitiation of consent of one of the contracting parties.
2. They are binding until they are annulled by a competent court.
3. They are susceptible of convalidation by ratification or by prescription.
C. Annulment
Cadwallader & Co. v. Smith, Bell & Co., 7 Phil. 461 (1907)
Velarde v. CA, 31 SCRA 56
Philippine Trust Co. v. Roldan, 99 Phil. 393
D. Ratification
1. Requisites
17
2. Forms
3. Effects:
A. Characteristics
1. Unauthorized contracts
18
2. Contracts covered by the Statute of Frauds
a. Purpose of Statute
3. Contracts executed by parties who are both incapable of giving consent to a contract
A. Characteristics
19
B. Kinds –Art. 1409
2) When the act is unlawful but does not constitute a criminal offense
Art. 1412
5) When the agreement is not illegal per se but is prohibited – Art. 1416
6) When the amount paid exceeds the maximum fixed by law – Art. 1417
8) When a laborer agrees to accept a lower wage than that set by law
Art. 1419
20
9) When the contract is divisible – Art. 1420
10) When the contract is the direct result of a previous illegal contract –
Art. 1422
d. Those where the intention of the parties relative to the principal object of the
contract cannot be ascertained
a. Those which are absolutely simulated or fictitious (see Arts. 1345 and 1346)
b. Those whose cause or object did not exist at the time of the transaction
C. Right to set up defense of illegality cannot be waived – Art. 1409
D. The action or defense for the declaration of the inexistence of a contract
21
Title III. NATURAL OBLIGATIONS
1. By novation
2. By ratification
B. Kinds
1. Technical estoppel
a. By record
b. By deed – art. 1433
22
D. Cases where estoppel applies – Arts. 1434-1438
E. Promissory Estoppel:
F. Inapplicability:
G. Exceptions:
23
Title V. TRUSTS
A. Definition
Sotto vs. Teves, 86 SCRA 154
1. Trustor
2. Trustee
3. Beneficiary or cestui que trust
1. Express Trusts
2. Implied Trusts
24
Title V. PRESCRIPTION
4. Waiver of Prescription
5. Prescriptive Periods
2. Concept of Possession
25
Coronado v. Court of Appeals, 191 SCRA 814
Corpus v. Padilla, 5 SCRA 814
4. Good Faith
5. Just Title
7. Computation of Time
2. Prescriptive Periods
26
4. Interruptions of Periods
27